Saturday, January 26, 2013

Federal appeals court ruled Wisconsin collective bargaining law is constitutional

A federal appeals court on Friday reversed a decision by a local federal judge and upheld a state law that sharply curtails the collective bargaining rights of public workers in Wisconsin. - gopUSA

A three-judge panel of the U.S. Court of Appeals for the 7th Circuit reversed a ruling issued in March by U.S. District Judge William Conley that struck down key parts of the collective bargaining law. Conley had ruled that the state can't prevent public employee unions from collecting voluntary dues through payroll deductions and can't require annual recertification of unions.

But writing for a 2-1 majority, Judge Joel Flaum wrote that the law's payroll deduction prohibitions do not violate First Amendment free speech rights because "use of the state's payroll systems to collect union dues is a state subsidy of speech that requires only viewpoint neutrality."

Flaum also wrote that unions' arguments against the creation of different collective bargaining rules for two sets of public workers -- public safety employees and general employees -- were appealing but aren't supported by established law....

Union officials said they would keep fighting, noting the federal suit the appeals court rejected Friday was just one challenge to the law.