Collective bargaining was restored for all city, county and school district employees by a Court ruling last week through application of an earlier (9/14/12) Court decision achieved by MTI. Circuit Court Judge Juan Colas found that Governor Walker’s appointees to the WERC, James Scott and Rodney Pasch, were in contempt of court “for implementing” those parts of Act 10 which he (Colas) previously declared unconstitutional, which made them “a law which does not exist”, as Colas put it.
The Judge told Scott & Pasch to comply with his finding of unconstitutionality or be punished for their contempt. They agreed to comply.
Judge Colas made his ruling on unconstitutionality on September 14, 2012. MTI was represented by its legal counsel, Lester Pines.
In the contempt claim, in addition to MTI, Pines represented the Kenosha Education Association and WEAC. The latter was also represented by Milwaukee attorney Tim Hawks, who also represented AFSCME Council 40, AFT Wisconsin, AFT nurses and SEIU Healthcare, in last week’s case. Also appearing was Nick Padway, who partnered with Pines in representing Milwaukee Public Employees Union Local 61 in the original case.
Judge Colas specifically ordered the WERC to cease proceeding with union recertification elections, which in his earlier ruling were found to be unconstitutional. Act 10 mandated all public sector unions to hold annual elections to determine whether union members wished to continue with representation by the union. Act 10 prescribed that to win a union had to achieve 50% plus one of all eligible voters, not 50% plus one of those voting like all other elections. The elections were to occur November 1.