Congress Nearly Federalized the Mess in Madison

Congress Nearly Federalized the Mess in Madison

(Source: March 2011 NRTWC Newsletter) Time For Politicians in Both Parties to Own Up to Their Mistakes In late February, many concerned Americans in other states were paying close attention to the fierce, and still unresolved, battle over public-sector union monopoly bargaining in Wisconsin. Many observing the Madison showdown from their homes inwere undoubtedly amazed by what they saw. These five states, like roughly a dozen others, have no statutes on the books empowering government union officials to act as state and local public employees' monopoly-bargaining agents. When elected officials in such states make a judgment that a reform in public-employee compensation packages and work rules is necessary and can be prudently implemented to give taxpayers a better return on their money, they have the power to proceed. It is then up to the voting public to judge whether the reform was a good idea or not. In Wisconsin, however, like in other states which statutorily mandate union monopoly bargaining over public employee pay, benefits, and working conditions, elected officials from the governor on down have far less control over the roughly 50% of public expenditures that go into employee compensation. In the Badger State, half of state and local government employees are unionized. Elected officials and their appointees cannot make any significant changes in the way these employees are compensated or in how they are instructed to do their jobs without government union bosses' approval. Today, millions of Americans whose state and local governments operate free from Big Labor constraints appreciate, after watching the bitter struggle in Wisconsin unfold, better than ever before the importance of keeping union monopolists out of the government workplace. Only Intense Right to Work Lobbying Blocked Monopoly-Bargaining Bill What most freedom-loving Virginians, North Carolinians and Texans probably don't realize is that, just last year, the U.S. Congress came within a hair of taking away their prerogative to decide how their state and local government workplaces are run. At the outset of the 2009-2010 Congress, the votes were there to pass the so-called "Public Safety Employer-Employee Cooperation Act" in both the House and the Senate. Furthermore, President Obama was publicly vowing to sign this legislation as soon as it reached his desk. This measure, more accurately labeled the "Police/Fire Monopoly-Bargaining Bill," would have foisted Wisconsin-style labor relations on state and local public-safety departments in all 50 states.

If You Can't Beat Them; Buy Them

Big Labor lost at the ballot box and had their forced unionism power rolled back by the legislature and is now trying to buy Wisconsin Supreme Court Justices to undo the reforms pushed enacted by Gov. Scott Walker. The Wall Street Journal reports: Wisconsin Democrats and unions are still seething over their failure to thwart Governor Scott Walker's government union reforms. Now they're trying to spin their rage into gold by aiming it at the state Supreme Court election on April 5. If they defeat David Prosser's re-election bid, labor leaders and their Democratic allies hope a newly activist court will be their proxy in the fight against Mr. Walker's policies. Until the recent political inferno in Madison took over national headlines, the Supreme Court race was a snoozefest. Justice Prosser, who has served on the court for more than a decade, was the heavy favorite to hold onto his seat. In February's jungle primary that includes all candidates (all of whom are officially nonpartisan), he won 58% of the vote, followed by 25% for second place Joanne Kloppenburg, the assistant attorney general and an environmental attorney who is now the union darling. The top two primary finishers compete in the run-off, and that race is narrowing. A liberal outfit called the Greater Wisconsin Committee has thrown some $3 million into the race and launched a website, ProsserEqualsWalker.com, to whip heat against the Governor into the race. Democrats hope a victory would discourage other Republicans who might dare to face down Big Labor. The Wisconsin Supreme Court is divided 4-3 on many cases and tilts slightly right. A defeat for Justice Prosser would shift that balance, and a notoriously liberal contingent led by Chief Justice Shirley Abrahamson would dominate when the court hears the Democratic challenges to Mr. Walker's reforms, which limited collective bargaining and required government unions to be recertified every year by their members. That battle was recently joined when Dane County Circuit Judge Maryann Sumi put a hold on the law, and a state appeals court ruled yesterday that the Supreme Court should decide the case. If they flip the court, Democrats are also sure to target major tort reforms that Governor Walker signed earlier this year. Watch for trial lawyers dancing in the streets. From 2004 to 2008, the court's liberal majority, including Obama nominee to the federal bench Louis Butler, overturned medical malpractice caps and established a collective guilt standard whereby any company that had ever sold lead paint in Wisconsin could be subject to tort claims.