Good News: Appeals Court Sides with Public Workers

Great news for local public employees and teachers who had many of their collective bargaining rights restored when Judge Juan Colas declared portions of Act 10 declared unconstitutional last year.  The introduction of Act 10, which virtually ended collective bargaining for public employees, led to months of protests in and around the Wisconsin State Capitol in late winter 2011.

Anxious to overturn Judge Colas decision that sections of Act 10 were unconstitutional, Wisconsin Attorney General (and loyal Republican) J. B. Van Hollen ran to the 4th Circuit Court of Appeals asking that the lower courts decision be placed on hold while the appeal is pending.  Just minutes ago, the Appeals Court refused.

This refusal means that Judge Colas decision remains in effect until the Appeals Court hears and rules on the case.

Attorney General J.B. Van Hollen asked the 4th District Court of Appeals to place the September ruling of Dane County Circuit Judge Juan Colas on hold while an appeal is pending. Colas refused in October, and the appeals court on Tuesday upheld that decision.

The appeals court says it sees "no basis to set aside the circuit court's decision that a stay was not warranted."

At least for now, the restored portions of public employee collective bargaining rights remain.  Many public employee unions resumed activities after the Colas decision and many were able to negotiate new contracts with their municipal and county employers.  And other local unions, which were forced to shut down after Act 10 was implemented returned to represent their workers.

On a sad note, due to the case that was filed originally, state workers weren't included in the decision (they filed their own separate lawsuit over Act 10).

The court's ruling comes in the early stages of the appeal, and the three judges could reach the opposite conclusion later.

The court has not yet addressed who is subject to the lower court's decision, which has prompted disagreements between local governments and unions. Some argue the original decision applies only to workers from Dane County and Milwaukee who challenged the law, while others say the original ruling applies to all local government and school district employees.

We're hoping that the Court of Appeals seriously considers the 18 page very thoughtful decision of Judge Juan Colas and supports his judicial decision when they hear this case.

This isn't over yet.