By Steve Gunn
EAGnews.org
MADISON, Wis. – The Wisconsin Supreme Court has agreed to hear the appeal of a local judge’s ruling regarding the legality of Act 10, Gov. Scott Walker’s landmark legislation that limits collective bargaining privileges for public employee unions, including teachers unions.
A lawsuit challenging the act was originally filed by Madison Teachers Inc. (the teachers union in that city) and Public Employees Local 61, which represents Milwaukee city employees.
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In September a labor-friendly Dane County judge ruled parts of Act 10 unconstitutional because he said it violates the “associational and equal protection rights of local government employees who chose to join a union because it treated them differently that employees who did not choose to join a union,” the Milwaukee Journal Sentinel reported.
“Specifically, those in a union are limited by how much they can seek in wage increases, while those not in a union can seek any amount from their bosses,” the newspaper said.
The District 4 Court of Appeals declined to react to the Madison decision and invited the state Supreme Court to handle the case. The court’s announcement that it would hear the case is probably good news for Act 10 supporters.
The court ruled 4-3 in March, 2011 against a lower-court order that temporarily suspended Act 10. The court is believed to have a slight majority of conservatives who are cynical about the roles unions played in public schools prior to Act 10.
There’s apparently a lot of passion about Act 10 on the court, just like there is in neighborhoods throughout Wisconsin. Two justices nearly came to blows over a discussion of the law in 2011, the news report said.
There’s no denying the new law has allowed school boards and administrators to improve instruction. In the old days nearly every move schools made needed union approval, but now administrators are free to act in the best interests of their districts and students.
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Schools have also collectively saved millions of dollars since the inception of Act 10, mostly through provisions that force teachers to pay more toward their own health insurance and retirement pensions.
So now the Supreme Court must decide if this new law which has done so much for schools and students should survive, or whether the state will go back to the old days of union domination and a lower grade of instruction for students.
There was no mention of when the court is expected to hand down a ruling.
In the meantime, EAGnews will begin publishing a series of stories Thursday on the positive effects of Act 10. While the justices are wrestling with the legality of the laws, we’re going to help people better understand what public schools can accomplish when they’re not constantly required to jump through union hoops.
Stay tuned.


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