In the wake of a Dane County judge’s decision to strike down Gov. Scott Walker’s controversial budget repair law, a Madison teachers’ union is jumping at the chance to engage in collective bargaining talks, while the state is acting fast to put the law back into effect.
Madison Teachers Inc., the plaintiff in the case that overturned the law, filed a request Tuesday to begin negotiations for a new collective bargaining agreement that would become effective July 1, 2013, the day after the current deal expires.
However, Wisconsin Attorney General J.B. Van Hollen filed a motion to stay the decision of Judge Juan Col?s Tuesday. Col?s’ decision, released Friday, stated that the bill violated the United States and Wisconsin Constitutions.
Should the stay be granted, Walker’s bill would remain valid over the course of the appeals process, thus preventing MTI or any other public unions in the state from negotiating a collective bargaining agreement.
The bill was passed into law in 2011 and essentially eliminated collective bargaining rights for most public employees. The law provoked massive demonstrations at the state Capitol and a gubernatorial recall election, which Walker easily won.
According to a Department of Justice statement, Van Hollen’s motion argues the decision will likely be overturned on appeal, and the stay is required to avoid confusion among local governments.
“It makes no sense to force a return to a broken system before the appellate process is completed,” Van Hollen said in the statement.
Nevertheless, MTI Executive Director John Matthews wishes to engage in talks with the Madison Metropolitan School District.
“Judge Col?s’ ruling now enables [the negotiations] and it will provide time to proceed positively and peacefully to reach a new agreement,” Matthews said in an email to The Badger Herald.
Matthews mentioned wages, the school calendar, seniority rights and health insurance would likely be topics during the negotiations.
MMSD did not immediately return phone calls from The Badger Herald.
In reaction to the court’s decision Friday, Walker released a statement calling Col?s “a liberal activist judge in Dane County.” In the statement, he also expressed confidence Colas’ decision would ultimately be overturned.
Lester Pines, an attorney representing MTI, challenged Van Hollen in a letter Tuesday to clarify his stance on comments made by Walker last week.
Pines’ letter asked Van Hollen if he agrees with his client that Col?s is biased. If he disagrees with his client and does not plan to request Colas’ recusal, Pines said in the letter that he expects Van Hollen to state his acceptance of the judge’s authority.
According to the Associated Press, Van Hollen declined to comment on Walker’s statement Monday.
University of Wisconsin political science professor Donald Downs said any collective bargaining would presumably operate under the old rules for the time being, but he added a stay is likely.
According to Downs, if MTI and MMSD engaged in collective bargaining negotiations and the law were kept intact by a stay or appeal during those talks, nobody would face legal trouble.
“It’s just going to be a mess,” he said. “If the state ends up winning the appeal, they would probably have to renegotiate.”
Matthews said in an email to The Badger Herald that he does not believe Van Hollen will be able to win an appeal, because Colas’ decision was “well-researched.”
