Just days after a circuit court judge struck down Gov. Scott Walker’s controversial collective bargaining law, the appeal process for the overturning of the collective bargaining law is already underway.
Wisconsin Attorney General J.B. Van Hollen said throughout the appeal process he will request permission to continue to enforce the law that ended collective bargaining, according to a report from the Associated Press.
Rick Esenberg, president and general counsel of the Wisconsin Institute for Law and Liberty said he feels the decision to overturn Act 10 was “wrongly decided.” Esenberg said overturning Act 10 will have negative effects on school budgeting once the budget is passed.
“First of all, the budget was passed and enacted with the assumption that Act 10 was in effect. This will be trouble for school districts that enter into agreements that are more generous,” Esenberg said.
In a statement from WILL on Friday, the group said Judge Juan B. Colas found various provisions of Act 10 to be in violation of the First Amendment and Equal Protection rights.
According to the statement, these provisions include the limitation of collective bargaining of general employees to base wages, requiring a referendum to increase the wages for general employees above the cost of living and not allowing employee unions to impose “fair-share” dues on individuals who are not members.
According to the statement, the federal judge has decided that limiting the scope of collective bargaining and prohibiting fair-share agreements are unconstitutional.
“We are reviewing the judge’s opinion and have already begun to flag legal errors made by the judge,” the statement said. “We will take steps to reverse this decision on behalf of our client, a public school teacher who supports Act 10’s reforms.”
Nathan Conrad, Communications Director of the Republican Party of Wisconsin said the party is disappointed by the Dane County Court’s decision.
The Republican Party of Wisconsin is disheartened a liberal activist judge who was appointed by failed former Gov. Jim Doyle has taken it upon himself to “thwart the will of the people of Wisconsin and repeal a popular set of laws”, Conrad said. ”
According to Conrad, the collective bargaining law not only balanced the state budget and provided a surplus, but it also has fixed decades worth of fiscal mismanagement that was thrust upon Wisconsin by the democrats formerly in charge in Madison. “
“We stand by the appeal and feel that justice will prevail once again, that the overturning of the provisions of Act 10, which was written and passed by our duly elected legislators and signed into law by our duly elected governor will be shot down like it has once before,” Conrad said in an email to The Badger Herald.
Christina Brey, the Media Relations Officer for the Wisconsin Education Association Council, said the council has been saying all along that the collective bargaining law was unconstitutional. WEAC is pleased with the Dane County court’s outcome, she said.
As for what the final outcome will be, Brey said they anticipate the fair ruling made by the District court will be upheld.
“We believe that the District court has ruled correctly in saying that the law is unconstitutional; we believe that verdict will be upheld,” Brey said.
-The Associated Press contributed to this report.