Michigan Voters Considering Constitutional Right to Collective Bargaining

After a string of stinging defeats at the ballot box, labor leaders in Michigan are trying to turn the tide by establishing a state constitutional right to collective bargaining.  Next Tuesday, Michigan voters will go to the polls to decide Proposal 2, which would create a state constitutional amendment locking in union rights in the state.  Proposal 2 would:

• allow police officers and firefighters to negotiate safe staffing levels
• establish a constitutional right to form a union and bargain collectively
• invalidate any attempts by the state legislature to limit collective bargaining rights
• override state laws about employees hours and conditions of employment 
• mandate binding arbitration for some police groups

If passed, Proposal 2 would be the first of its kind in the country.  The campaign to pass Proposal 2 got a big boost earlier today, when President Clinton endorses the measure.  

Wisconsin Exit Polls: Voters Like Unions, Not Recalls

Despite Governor Walker's win in Tuesday's recall election in Wisconsin, exit polls show the majority of voters in that state support public employees unions.  The exit polls also showed voters had strong opinions about recall elections, with more than 60% of voters saying they should only be allowed for official misconduct and 10% of voters saying recall elections should never be allowed.

Ohioans Reject Anti-Union Law In Landslide Election

In their November 8, 2011 general election, voters in Ohio voted overwhelming to overturn a state law restricting public-sector employees' collective bargaining rights.  By a vote of 63% to 37%, voters rejected Ohio Senate Bill 5, which severely restricted collective bargaining rights in that state.  The 250-page bill increased the number of police and fire department employees prohibited from joining unions, prohibited unions from ensuring members pay their fair share for representation, and allowed employers to pick and choose what they wanted to bargain over, and, in some cases, whether they wanted to bargain at all.  Under Ohio law, the election means the S.B. 5 will not go into effect and current labor laws will remain in place.

Wisconsin Supreme Court Upholds Anti-Union Law

On June 14th, the Wisconsin Supreme Court upheld the state’s anti-union law, referred to as the “Budget Repair Law.” On May 26, 2011, a Wisconsin Circuit Court had invalidated Wisconsin’s anti-union law, finding the Legislature passed it in violation of the state’s open meeting law. Today’s decision overturns the Circuit Court’s ruling.

The Supreme Court found the Circuit Court decision interfered with the powers of the Legislature, violating separation of powers.  Separation of powers is a legal concept each of the three branches of government have separate rights and authority. Each branch may only exercise those powers granted by the Constitution and may not exercise any rights or powers which are exclusively granted to another branch. The Court also found the Legislature complied with state constitutional requirements by posting the bill on three bulletin boards approximately one hour and fifty minutes before the vote took place.

Wisconsin’s “Budget Repair Law” is a direct attack on public-sector unions. The bill significantly restricts the scope of bargaining and requires union re-certification every year. The law also bans local governments from deducting dues and allows union members to refuse to pay their fair share for union representation. The battle over the law now shifts to the ballot box where six of the nineteen state senators who voted for the bill face will face recall elections on July 12th.

Wisconsin Court Strikes Down Anti-Union Law

In State of Wisconsin et al., v. Scott Fitzgerald, et al., Case No. 11CV1244, a Wisconsin Circuit Court Judge struck down Wisconsin’s anti-union law, deciding the state Legislature passed the law in violation of the state’s Open Meetings Law.

In Wisconsin, Republicans in the state senate passed the "Budget Repair Law" less than two hours after announcing the vote, preventing Democrats who left the state to prevent a quorum, from returning in time. However, the Open Meetings Law requires at least two hours’ notice before the Legislature can vote on a bill.

The judge’s ruling does not affect the merits of the law and state Republicans could cure the defects by re-voting on the legislation.

Wisconsin’s “Budget Repair Law” makes it nearly impossible for public-sector unions to exist. Under the bill, unions cannot negotiate about benefits or working conditions and wage increases are capped at the rate of inflation. Members must also vote to keep their union every year. Under the law, union members do not have to pay their fair share, local governments cannot deduct dues, and state workers can stop paying dues at any time.