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Wis. federal court strikes down parts of union law

By: Associated Press//March 30, 2012//

Wis. federal court strikes down parts of union law

By: Associated Press//March 30, 2012//

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Madison, WI (AP) – A federal court has struck down portions of Wisconsin’s law curbing collective bargaining rights, saying dues can be automatically withdrawn and annual certification votes can’t be required.

While the Friday ruling from U.S. District Judge William Conley is a win for public unions in the state, it still keeps the majority of the law pushed by Republican Gov. Scott Walker in place. A coalition of unions filed the lawsuit last summer shortly after the law was passed by the Republican-controlled Legislature.

“I don’t know this does a ton to undermine the purpose of law,” said Milwaukee labor and employment attorney Dan Finerty, of Lindner & Marsack, “other than allowing unions to avoid having to go through recertification and ensuring them adequate flow of union dues.”

The lawsuit argued that the law violated the U.S. Constitution by taking away union rights to bargain, organize and associate and illegally discriminates among classes of public employees.

U.S. District Judge William Conley in an order Friday rejected the argument that the law violated the equal protection clause of the Constitution. But he ordered that automatic dues withdrawal be reinstated no later than May 31.

Finerty said the reason for the May 31 date is to allow time if the state wants to appeal to the Seventh Circuit Court of Appeals.

 “The state could seek an injunction from the Seventh Circuit,” he said. “If that is unsuccessful, then the unions will return to an auto deduction system.”

Conley Opinion (PDF)

Jack Zemlicka of Wisconsin Law Journal contributed to this report.

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