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7th Circuit affirms Wisconsin’s limits on unions, Indiana RTW challenge remains

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While still considering a challenge to Indiana’s right-to-work law, the 7th Circuit Court of Appeals has affirmed Wisconsin’s statute limiting the collective bargaining power of some public sector unions.  

The Badger State’s general-employee unions, those organizations that include state and municipal workers who do not hold public safety jobs, challenged Wisconsin’s Act 10 which limited government employers from collectively bargaining with general employees over anything except base wages.

The unions argue, in part, that restrictions created by Act 10 make it difficult for them to represent their members’ interest through the collective-bargaining process. In particular, the union charged their ability to continue to function is impaired partly by the restriction on making non-union workers pay something for the representation they receive, called fair-share agreements.

The prohibition on fair-share agreements were also part of the argument against Indiana’s right-to-work law. In James M. Sweeney v. Mitch E. Daniels, Jr., 13-1264, the International Union of Operating Engineers Local 150 assert the state law provisions that prohibit unions from requiring all employees to pay a “fair share” of the collective bargaining costs violate federal law.

The 7th Circuit has yet to issue an opinion in the Indiana case, but it rejected the arguments from the Wisconsin public sector workers.

“The unions protest that they are an expressive association whose core purpose is to bargain with state employers on their employees’ behalf,” Judge Joel Flaum wrote in Laborers Local 236, AFL-CIO, et al. v. Scott Walker, Governor of Wisconsin, et al., 13-3193. “By enacting laws that prevent the unions from accomplishing this purpose, the unions argue, Wisconsin has weakened their association to a devastating extent. But that simply is not how the First Amendment works. An organization cannot come up with an associational purpose – even a purpose that involves speech – and then require support from the state in order to realize it goal.”

 
 
 

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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