Background:
On March 11, 2011, Wisconsin's Governor Scott Walker signed the
2011 Wisconsin Act 10, a controversial bill that limits the collective
bargaining power for the state's public employees (except for firefighters,
police, and State Patrol Troopers), and require state employees to pay more for
their health care and pensions. The new law is labeled “An Act relating to:
state finances, collective bargaining for public employees, compensation and
fringe benefits of public employees, the state civil service system, the
Medical Assistance program.”
[Accessed at http://www.foxnews.com/politics/2011/03/11/walker-signs-stripping-unions-collective-bargaining-rights/#ixzz1GUAXo0rB;
the actual statute can be accessed at http://www.jsonline.com/news/statepolitics/118677754.
html, by clicking the link to the pdf version]
Simultaneously canceling 1,500 scheduled public employee layoffs,
Governor Walker remarked, “While tough budget choices certainly still lie
ahead, both state and local units of government will not have to do any mass
layoffs or direct service reductions because of the reforms contained in the
budget repair bill. The reforms contained in this legislation, which require
modest health care and pension contributions from all public employees, will
help put Wisconsin on a path to fiscal sustainability.”
On March 18, 2011, Dane County Circuit Judge Maryann Sumi granted
a restraining order, temporarily preventing the Wisconsin Secretary of State
from publishing the law, which remained the subject of bitter controversy and
litigation, as this supplement went to press. [http://www.nytimes.com/2011/03/19/us/19wisconsin.html]
Less than a week after the judge issued the TRO, the governor defied the
court and permitted the publication of the new law in the Wisconsin code. [http://www.outsidethebeltway.com/wisconsin-defies-court-order-publishes-collective-bargaining-law/]
On June
14, 2011, the Supreme Court ordered the reinstatement of Governor Walker’s
bill. The court overruled the restraining order granted by Sumi, finding that
the Legislature did not violate the Wisconsin Constitution, the committee of
lawmakers was not subject to the state’s open meetings law, and therefore did
not violate that law when it approved the governor’s bill and allowed the
Senate to take it up. The court ruled that Sumi’s ruling exceeded her
jurisdiction and was in the void ab
initio, or “invalid from the outset.”
However,
Chief Justice Shirley Abrahamson dissented, writing that the majority ruling “reached a predetermined conclusion not based on the
facts and the law, which undermines the majority's ultimate decision… make their own findings of fact, mischaracterize the
parties' arguments, misinterpret statutes, minimize (if not eliminate)
Wisconsin constitutional guarantees, and misstate case law, appearing to
silently overrule case law dating back to at least 1891.”
While Republicans praised the court’s decision,
Democrats decried it for the court’s finding that lawmakers do not have the
follow the open meetings law, as the committee did not give the required 24
hours notice prior to the meeting, essentially saying that the Legislature is
above the law. (Source: http://www.jsonline.com/news/statepolitics/123859034.html)
As a result of the new
bill, the city projected savings of at least $25 million a year – and as much
as $36 million in 2012 – from health care benefit changes it didn't have to
negotiate with unions. Still, in March of 2012 union supporters from around the
world gathered in Wisconsin to rally for the governor’s recall, and a record number of educators retired
after the bill was signed into law. The Wisconsin state pension fund received
18,780 retirement applications from state and local governments and school
districts in 2011, representing a 79 percent increase from the average in each of the previous
seven years. (Sources: http://www.weeklystandard.com/blogs/scott-walkers-collective-bargaining-bill-working_582151.html
and http://www.huffingtonpost.com/2012/03/09/scott-walker-anti-union-law_n_1335658.html)
As this 2013 Supplement went to press, the governor was faced
with an unprecedented recall election. On
March 30, 2012, the state’s election commission ruled that the governor’s
adversaries had met the requirements for the recall vote, which was scheduled
for June 2012.
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