MTI prevailed last year in a Circuit Court decision in which Judge Juan Colas found much of Act 10, what Governor Walker referred to as his “bomb” on public employee unions, to violate the Constitution. That decision is on appeal to the Wisconsin Supreme Court. Meanwhile, the Walker administration and his appointed Wisconsin Employment Relations Commission has simply thumbed their nose at Colas’ ruling and vowed to continue forcing unions to conduct annual elections, wherein a union is decertified if it does not receive 50%+1 of those eligible to vote, not just 50%+1 of those voting as in every other election.
In a September 17, 2013 ruling, Judge Colas told Governor Walker and the Wisconsin Employment Relations Commission’s commissioners that a Circuit Court decision, while they may not like it or agree with it, is precedential and must be followed throughout the State. Colas said, “The question here is not whether other courts or non-parties are bound by this court’s ruling. It is whether the defendants are bound by it.” WERC was a named defendant in MTI’s suit, so as all defendants to a lawsuit are, and in a case in which the statute was found facially unconstitutional, they (WERC) are barred from enforcing Act 10 under any circumstances, against anyone.