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Collective Bargaining Law Upheld by Federal Appeals Court

Act 10, which essentially stripped public unions of their ability to bargain, was ruled constitutional on Friday in a federal appeals court.

The controversial state law that curtails collective bargaining for most public employees was upheld by a federal appeals court Friday.

In ruling that Act 10 is constitutional, the 7th Circuit Court of Appeals said the state had a rational reason for rolling back collective bargaining rights, and rejected arguments from public employees unions that they violated First Amendment rights, WisPolitics.com reported.

The court overturned a decision by a federal judge last year that struck down parts of the law dealing with prohibitions on government employers withholding union dues from workers' payrolls and a section requiring labor unions to vote to re-certify yearly, the Journal Sentinel reported.

A separate case challenging the law remains ongoing at the state level.

Friday's decision was praised by Gov. Scott Walker, who introduced the legislation as part of his budget repair bill in 2011. 

As we've said all along, Act 10 is constitutional. 

Today’s court ruling is a victory for Wisconsin taxpayers. The provisions contained in Act 10, which have been upheld in federal court, were vital in balancing Wisconsin’s $3.6 billion budget deficit without increasing taxes, without massive public employee layoffs, and without cuts to programs like Medicaid.  With this ruling behind us, we can now focus on the next state budget, which will invest in priorities to move our state forward.

State Attorney General J.B. Van Hollen also applauded the ruling:

For nearly two years, those opposing Act 10 have tried every angle to have it struck down and invalidated. Today’s decision by the Seventh Circuit confirms what I have stated from the beginning. Act 10 is constitutional.  While there are no guarantees, it is my hope that this decision will pave the way for resolving any remaining challenges in a manner that supports the legislative decisions made by our elected officials.

Mike Tate, chair of the Wisconsin Democratic Party, said:

We continue to believe that Scott Walker’s Act 10 is divisive, harmful and polarizing policy that sought to reward Walker’s political allies at the expense of working Wisconsin families.

Even the federal appeals court that today upheld Act 10 on narrow legal grounds noted that the principal provisions of Act 10 fit the description of legislation that 'rewards friends and punishes opponents.'

Patch will continue to get reaction about this topic from a variety of sources and update the story throughout the day, so please check back.

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John Wilson January 19, 2013 at 09:33 pm
The Anti-Alinsky –
I have provided you with many FACTS, DATA and REFERENCES... I am not in a position to do your research... besides, you are just too lazy to do anything except name calling and spout talking points for the TAP... You really do need more remedial educational assistance than I could possibly provide to you in a lifetime… Slander is the SPOKEN word, untruths, which cause you pain, undue suffering, personal or professional injury and monetary loss… MAY be actionable in a court of law… IF you can prove, they are UNTRUE. Libel is the WRITTEN word, same methodology. Think about it for a year or two; you just may begin to turn the light bulb on…
John Wilson January 19, 2013 at 09:54 pm
The Anti-Alinsky –
The 4,800 number came from YOU! YOU used it in YOUR silly math calculation, showing how Walker could ALMOST come up to 250,000 jobs IF you simply multiplied 4,800 by 48! The actual number of “estimated” jobs reported to have been created in December is 4,500. YOUR POST: The Anti-Alinsky 11:38 am on Saturday, January 19, 2013 Johnny and his fuzzy math again. Lets see 4,800 jobs per month times 48 months of Governor Walker's FIRST term = 230,400. A little shy, but the state economy is like a train engine, it has to get a little traction before it gets rolling.
Greg January 19, 2013 at 10:03 pm
Kate, Act 10 was in the legislature for a month. Remember the Democrats fled to Illinois during the debate? The Assembly had 60 hours of debate, hardly behind closed doors.
Keith Best January 19, 2013 at 10:10 pm
If I was a teacher, I would relish having a choice of whether I wanted to join a union .....or NOT!!!
scot January 19, 2013 at 10:11 pm
Oh yeh, I talked to God today too! You wack job
The Anti-Alinsky January 19, 2013 at 10:49 pm
OK Johnny. Calm down. I made a simple mistake when responding to your ridiculous inference that we had only create 4,500 jobs since January of 2011. And that still doesn't excuse you from your blatant attempt to misdirect the content of your post.
Even if I took the wrong number the conclusion is the same: We are still WAAAAAAAAAY ahead of the 121,000 jobs LOST under Diamond Jim Doyle and the Democrats. By the way Craig, I have seen it as tsi tsi fly as well. But of course, rather than respond to any of our posts with facts and insight, Johnny will just attack an nitpick in a failing attempt to diminish the effect of our posts. (BTW Johnny, OUR as in myself, Craig, Keith Best and others that respond to correct you on your silly talking points posts)
The Anti-Alinsky January 19, 2013 at 11:01 pm
Johnny, you mean facts like:
“The TAP... is overflowing with people who have either walked in the front door of a college or trade school, or then proceeded to walk directly out of the back door.” “Ignorance, like gun freaks, always seeks their own incredibly low homeostasis... they even enshrine it as an ideal...” “Wisconsin has a severely limited government now, characterized by a limited IQ governor, assembly, senate, AG, and court system” “I really don't know if you were born on Newt's Moon Colony and just now arrived on planet earth...” “It really negates whatever infinitesimal credibility you ever had…” “Now, you make a rather pathetic attempt to clean up your sloppiness with a plethora of childish rationalizations, diversions and obfuscation.” "Red Sisters of the world unite; we are meeting at Walker’s house..." “…however, that is precisely how you uneducated and misinformed WISHFUL THINKERS muddle your way through life…” “Please try to give them a break, their gene pool came from the sewers of Bangladesh...” “Red Sisters of the world unite; we are meeting at Walker’s house for another daily dose of WISHFUL THINKING!” “Young Conservative – Are you old enough to be out of your crib? Do both your mommies know what you are doing?” “Now please get out of your cave and get yourself some much needed social and community skills.” BTW-I was wondering how long before you would respond to slader/libel.
The Anti-Alinsky January 19, 2013 at 11:04 pm
And I almost forgot:
When C. Sanders wrote: "God is with Walker, so lets move on." you wrote: C. Sanders - I am NOT with Walker nor shall I ever be; Walker is attempting to impersonate me and it only works with the MAGICAL THINKING PEOPLE IN THE CLOWN CAR..." Yea that's a "fact" you can take to the bank.
The Anti-Alinsky January 19, 2013 at 11:06 pm
kate wrote: " And what was more "strong arm" than passing this law in the dead of night, behind closed doors, without due process?"
Actually kate, that was two years earlier with the Democratic controlled Assembly and Senate.
Lyle Ruble January 19, 2013 at 11:29 pm
@Keith Best....Thank the powers that be that you aren't a teacher. Education has enough problems without someone like you, who can barely put together a thought of your own, attempting to teach.
sparky January 20, 2013 at 12:05 am
Bewildered wrote
MJS today reported Wi unemployment as of Dec at 6.6 %, lowest since 2008 and significantly lower than US average of 7.8 %. 4,500 private sector jobs added. Overall non farming jobs + 1,300. What say yea now, Walker haters ? When I listen to retard radio and they report that Jobless numbers are down for the Presidrent, its because it doesn't include people who are no longer looking for work or they are no longer on unemployment because it ran out or because people are underemployed. I'm sure the same holds true for our unemployment numbers right?
Marty January 20, 2013 at 01:03 am
@Lyle - and my point was that a college degree doesn't make someone any more valuable a human being than someone who doesn't.
If being an elitist means you think you are better than someone who doesn't have a degree, than I say that makes you simply a jerk (not saying YOU are, but someone who thinks that is clearly) We are all created equal...
Craig January 20, 2013 at 01:20 am
Ok Wilson, talk me to in college.
patchreader 123 January 20, 2013 at 02:04 am
Lyle:
"In regards to [sic] our governor, although he didn't complete his degree, Professor Mordecai Lee has made repeated statements that Scott Walker is the most gifted and natural politician he has ever met. However, those with a real advanced education tend to have a better grasp on more complex issues and not all college degrees are created equal. The truly educated have been taught to think and write critically as well as possessing the ability to clearly communicate." Perhaps you should have a flawless command of the English language prior to lecturing others WITH REGARD TO collegiate, educational prowess? http://public.wsu.edu/~brians/errors/regards.html
Lyle Ruble January 20, 2013 at 02:38 am
@Marty....Yes, all are created equal and should be afforded the up most respect until such time as they act in such a manner as to lose the respect of others. There are a number of individuals who post comments or blog who are beyond being civil and appear to be barely civilized. They are either incapable or unwilling to discuss controversial issues in a manner deserving of respect or serious consideration.
There is clear and unquestioning bias against those who are better educated and it is expressed as disdain towards anyone who is an open intellectual or pursues intellectual pursuits.
John Wilson January 20, 2013 at 03:01 am
The Anti-Alinsky -
http://www.deptofnumbers.com/unemployment/wisconsin/ LOTS OF “CATCHING UP” TO DO! Wisconsin Unemployment History: Dec. 2011 - Dec. 2012 When you check the chart - Dec. 2012 is not included - you will see the percentage of the unemployment rate fell by -0.3% and the total NET JOBS GAINED at 9,402 for 11-months! IF you additionally factor in the -0.1% decrease in the unemployment rate for Dec. 2012, you get a total reduction in percent of unemployment of -0.4% for 12-months. Furthermore, if you add in the "Preliminary Estimate" of 4,500 jobs for Dec. of 2012, you arrive at a TOTAL NUMBER OF JOBS GAINED OVER 12-months: 13,902. YES, you do have much "CATCHING UP" to do... please share this with ALL your Red Sisters... I WILL ANXIOUSLY AWAIT THE “CORRECTIONS” FROM THE WAUKESHA REPUBLICAN EXECUTIVE COMMITTEE CABAL: I.E., DUMB, DUMBER AND DUMBEST…
John Wilson January 20, 2013 at 03:17 am
The Anti-Alinsky -
"By the way Craig, I have seen it as tsi tsi fly as well." Of course, you have; it was probably in the book “My Pet Goat” when you two went to study for your GED in Mississippi… gosh, I suspect you two have even seen a Unicorn, and probably had many rides on a live dinosaur as well...
Brian Dey January 20, 2013 at 03:20 am
john wilson- I say again factually, that a guy without a degree dismantled a whole bunch of people with degrees. Logic shows in this example that the piece of paper does not make one smarter than the person without the piece of paper. Again, you have nothing to say.
Brian Dey January 20, 2013 at 03:25 am
Walker vs Obama. No Contest. Walker has a surplus and low unemployment. Obama created almost $11 trillion debt in his first term and unemployment has been above 7.8% all four years. Walker got his whole caucus to vote for his budget; Obama got zero in his caucus to vote for his.
Seems that Law degree from Harvard and his degree from Occidental taught him nothing. And even Archie Bunker could balance his checkbook. Apparently, Obama can't. Wilson, next time you have a thought...let it go.
Brian Dey January 20, 2013 at 03:30 am
Lyle, apparently, the degree didn't help you. And the educated elite are legends in their own minds. I proud that I have been able to accomplish much in life without a degree. And I harbor no ll feelings towards those that have degrees. But it doesn't make one smarter than the other. But for elitist like you, it only serves as toilet paper for everyone else.
Your comments have shown that you do not deserve our respect.
The Anti-Alinsky January 20, 2013 at 03:36 am
Johnny, nice link to the department of numbers (not a government entity from what I can see). Which part of link are you referring to? The one that state:
"The number of people unemployed in Wisconsin peaked in June 2009 at 287,166. There are now 83,400 fewer people unemployed in the state." We are having ups and down thanks to this economy, but the general trend us up. And it still beats the 121,000 jobs LOST under Diamond Jim Doyle!!!
John Wilson January 20, 2013 at 04:18 am
sparky -
You are correct; the same methodology that applies to the national unemployment numbers also clearly apply to each state. Both - the federal and the states - attempt to play games with the numbers and percentages by not counting people not currently collecting unemployment benefits, those who have given up looking for work through state agencies and contract employment agencies, those who are in some government or school training program and those who are working 2-3 minimum wage jobs and would thus not be eligible for benefits. Some employers will not even look at you unless you are currently employed. I know of several employers who have their sons and daughters working for them full-time, and they are collecting full-unemployment benefits from the state at the same time. I have reported them to the Dept. of Workforce Development. Sadly, there are many good employment opportunities to be had in the labor market today. On the other hand, there are too many people without the skill sets to fill them. You need degrees, CNC Programming skills, computer skills, robotic skills, a good stable work record, no drug or criminal record. What I refer to as the “brawn class” is going to grow beyond all comprehension, as there is increasingly no need for a strong back type of worker. Additionally, employers do not want to be stuck with older workers – at around 50-55 you are an insurance and productivity liability – but they will not tell you that.
John Wilson January 20, 2013 at 04:41 am
Bren –
In addition to the problematic and convoluted financial machinations contrived by Walker to claim he has balanced the budget, he did promise to do two other Mission Impossible feats. Walker’s words Will "get government out of the way of employers ... who will then help Wisconsin create 250,000 jobs by 2015, and as we create those new jobs, we will be able to add 10,000 new businesses.” Hence, we have his promise that he will create 250,000 jobs by Jan. 1, 2015 – he took office on Jan 3, 2011. Clearly, this is not going to happen. He also promised to create 10,000 new businesses during that same period. Clearly, that is not going to happen either. Obviously, I do not know what is going to occur between now and the 2014 election – the John Doe Probe is still out there – however, I do know that these two promises are not going to happen.
John Wilson January 20, 2013 at 05:44 am
The Anti-Alinsky –
TOTAL NUMBER OF JOBS CREATED IN 2012: 13,902 "The Department of Numbers contextualizes public data so that individuals can form independent opinions on everyday social and economic matters.” “It is a report by the According to the BLS current population survey (CPS), the unemployment rate for Wisconsin fell 0.2 percentage points in November 2012 to 6.7%” PLEASE CONTACT: ben@deptofnumbers.com [IF you have questions or want more BLS hard data.] Wisconsin Unemployment History: Dec. 2011 - Dec. 2012 "The number of people unemployed in Wisconsin peaked in June 2009 at 287,166. There are now 83,400 fewer people unemployed in the state." [These 83,400 does not include December 2012, 4,500 new hires; it does not include people who left the state between 2009 and today and it does not factor in GWB reckless fiscal policy and effects on WI economy.] There is also a very convient link along with this quote to asses the population differential in WI, between June of 2009 and today. Vastly more important, THE REAL POINT: Walker only created 13,902 jobs in 12-Months!
John Wilson January 20, 2013 at 07:12 am
The Anti-Alinsky -
The Department of Numbers is a government agency under United States Department of Labor [BLS] Bureau of Labor Statistics. The report from Dec. 2011 to Dec. 2012, showing a merger 13,902 jobs gained in 12-Months, does not give anyone any degree of confidence that Walker will be capable of fulfilling his promise of 250,000 jobs by Jan. 1 2015. It also clearly demonstrates the impossibility of Walker creating 10,000 new businesses by Jan. 1, 2015. Jobs gained or lost by previous WI governors is decidedly NOT the issue(s) here… deflect though you might. The only two issues here are Walker creating 250,000 jobs and 10,000 new businesses in WI before Jan. 1, 2015, as he promised… “Our latest count put the number, as of the end of November 2012, at 37,011 new jobs since Walker took office. We use two sets of data to arrive at that figure, which is tracked in a monthly graphic. Highly accurate census data showed there were 27,811 jobs created in Wisconsin in 2011. For the best approximation, we add to that the net total of 9,200 jobs created in 2012, according to monthly Current Employment Survey reports issued by the Department of Workforce Development.” As of today, Jan. 20, 2013: 37,011 + 4,500 [December 2012] = 41,511 TOTAL JOBS IN 2-YEARS! That leaves 208,489 jobs left to create in less than 2-years! http://www.politifact.com/wisconsin/promises/walk-o-meter/promise/526/create-250000-new-jobs/
Tansandy January 20, 2013 at 11:30 am
"And what was more "strong arm" than passing this law in the dead of night, behind closed doors, without due process?" Are you referring to the wicked witch from the west, Nancy Pelosi and the Obama care bill signed in the dead of night before most could read or understand it????? Talk about selective outrage. But then again you're liberal, what else should I expect!
scot January 20, 2013 at 12:00 pm
Are you an Ass or what. Go back to your tanning bed or is it the Turd bucket in which your name came about. bitch
The Anti-Alinsky January 20, 2013 at 11:40 pm
I posted this yesterday, but it is still pending for some reason:
kate wrote: " And what was more "strong arm" than passing this law in the dead of night, behind closed doors, without due process?" Actually kate, that was two years earlier with the Democratic controlled Assembly and Senate.
The Anti-Alinsky January 21, 2013 at 08:26 pm
John Wilson wrote: “The Department of Numbers is a government agency under United States Department of Labor [BLS] Bureau of Labor Statistics.”
If so it raises a number of questions Johnny: 1) Why does the address end in .com instead of .gov? 2) Why are they using third-party advertising to raise revenue? 3) Why is there no direct link to the Bureau of Labor Statistics? 4) Why does a site search on bls.gov provide no mention of a Department of Numbers. 5) How come a gentleman named Ben Engebreth maintains the site with no mention of even a sponsorship from the BLS and mentioned directly on his own site: http://www.benengebreth.org/ ?
John Wilson January 22, 2013 at 01:51 am
Keith Best -
You would also get on with the NEW BIOLOGY/SCIENCE PROGRAM OF WALKER TOO; you know, where our children are taught that babies are delivered to your house by the stork! You do not have a CHOICE there, but you BELIEVE that is how babies come into the world, so, no problem there...
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Greg June 14, 2013 at 08:56 pm
Ankeny NewPatch rocks!
Vicki Bennett June 19, 2013 at 04:19 pm
This makes absolutely no sense to the normal reader. What the heck are your talking about??
Steve ® June 10, 2013 at 03:55 pm
So? What was used and what harm does it cause? Although ironic this may provide more good thanRead More harm. What is written on the application sign?
Cricket June 11, 2013 at 01:31 pm
The bluff and other areas need to be planted with things that will snuff out the weeds. They areRead More harmful to animals and possibly birds, of which there are many at atwater. Obviously not many animals but there are squirrels and rabbits and other native mammals. Not to mention the kids at the play area. Most adult humans can handle an occasional wiff of a pesticide but not children or animals. I have held several pesticide licenses in my day so I have had much course work on this. I am surprised the village has done this but I know restoration is about to begin - again - on the bluff and perhaps they are trying to rid the bluff of all the weeds. It is a shame that the 15+ kids they hire every year can't be up there weeding instead. I don't know what else they could be doing as the village has reduced the amount of annual flower beds that need to be maintained.
PaulRevere June 10, 2013 at 12:40 pm
The liberal minded Patch had it going their way for some time. Then, the contrary opinions became aRead More "voice to be heard". So, like all liberal media, just shut down the "free speech". Speech that educates the people is a NO-NO in the world of "public education". Have no fear, other avenues to educate the public is on the way.
CowDung June 10, 2013 at 12:53 pm
Given the amount of liberal propaganda that is posted around here, one does have to wonder if PatchRead More intended to make it more difficult to reply to comments (and set the record straight)...
Mike Stevens June 14, 2013 at 07:20 am
Wow, PaulRevere, AKA the hardest working person in America, who only takes 1 day per month off andRead More who believes all evil is related to public schooling, has time to not only comment on St. Louis area Patch sites, but on Milwaukee area sites as well? Paul, perhaps you should go back to school to check your grammar--other avenues to educate the public ARE on the way, not IS on the way. Oh, you must be too busy working 20 hours a day (but finding tons of time to comment on several Patch sites) to check grammar
Walker celebrates after defeating the liberal unionista blue fisters
Steve ® June 6, 2013 at 12:10 pm
Sure Keith. I am sure every time you use the term Tea Bagger it is not vulgar. The symbol for yourRead More failed recall movement was a Blue Fist. No one wants to be ruled by a fist and I don't see how that is vulgar when your own logo was a blue fist. Try again.
Keith Schmitz June 6, 2013 at 01:03 pm
Are you assuming we're stupid Steve? Don't. BTW -- you called yourselves Tea Baggers. We're onlyRead More using the term you selected. What a great PR roll-up for this group of Neanderthals. You're problem with that any fister reference is usually the speaker feels it is where his head should be.
Greg June 6, 2013 at 01:10 pm
OHHHHHHHHHHHHH, that is why their fists are blue, OUCH!
Bob McBride June 6, 2013 at 09:04 am
I think if you look at most of the sites still running the older version, you'll see the sameRead More messages of impending doom we got just before the change...
Bob McBride June 6, 2013 at 09:15 am
I got the name wrong, it was "Bellmore", not Belmont. It was part of rollout of what atRead More the time was being referred to as "Patch 2.0" in the press. It was rolled out to five towns in the Long Island, NY area in September of last year. I'm going to attempt to post a link to an article:: http://www.poynter.org/latest-news/mediawire/189296/aols-redesigned-patch-websites-make-a-play-for-neighborhood-groups/
CowDung June 6, 2013 at 09:30 am
"I think if you look at most of the sites still running the older version, you'll see the sameRead More messages of impending doom we got just before the change... " | I think that's true, Bob. I poked around at a number of Patch sites around the country and the 'Welcome to the New Patch' articles were full of the same complaints we are seeing here. | This Patch redesign seems to be the 'New Coke' of websites...
Greg June 4, 2013 at 03:38 pm
Starting at ONLY $70,000.00 Time to cash in your aluminum cans.