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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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