Burlington

It’s wait-and-see on Act 10

Local officials don’t see any changes in the meantime

By Jennifer Eisenbart

Staff Writer

For now, it’s situation normal, all up in the air both in the state of Wisconsin – and in Burlington Area School District, at least when it comes to Act 10.

With legal action now pending in a number of different cases in relation to Gov. Scott Walker’s controversial law, which repealed most collective bargaining rights for public unions, local officials aren’t planning anything different.

“There’s three different lawsuits going on,” said BASD Superintendent Peter Smet. “Nothing different at this time.

“We’re doing what we can to be a good employer and also be sensitive to the needs of the community and taxpayers,” Smet added. “We’re trying to walk that fine line of doing both.”

Burlington Education Association – the local teacher’s union – President Bill Berkholtz confirmed Tuesday that nothing has changed.

“We just wait,” he said. “There’s nothing really that has changed yet. I am not a lawyer, and I don’t know what the judge actually did.

“I don’t think anybody knows.”

Dane County Judge Juan Colas struck down significant portions of Act 10 last week, saying that the law actually violated constitutional rights of people in the unions.

A quick appeal is expected, but a drawn out legal battle is likely.

7 Comments

  1. Sounds like Mr. Smet and Mr. Burkholtz are smart enough to know this has no legs. Unfortunately the Dane County judge doesn’t, well he does but that’s what those liberal Dane County judges do. They just abuse the system that’s in place and make everything a PIA.

    • This isn’t about abusing the system, it’s about the Constitution. Act 10 violates the equal protection clauses of both the State and U.S. Constitutions by arbitrarily treating the rights of some state and local workers differently from others.

      The judge ruled appropriately. If his ruling gets over turned in the State Extreme Court it’ll be due to the ethically bankrupt Robed Reactionary Judicial Hacktivists that have been packed on that bench in recent years, Zeigler, Gableman and of course that nut-job Prosser. The unconstitutionality of Act 10 will then be reaffirmed by the U.S. Supreme Court according to the 14th Amendment.

  2. Sean – They are not “rights”. If you are so concerned with the equal protection act then let’s strip everyone of these so called “rights”. There – We are all equal now.

    • Dan, you are correct in a sense, collective bargaining has been ruled not to be a constitutional right, and the Dane County Judge reaffirmed that position. However, by preserving the right to collective bargaining for some public employees, but not others, Act 10 violates the state and U.S. constitutional rights to equal protection.

      Stripping those rights from everyone would be constitutional. However, your argument that we would then all be equal is ludicrous, since money/capital would still be able to bargain collectively in the form of shareholders or taxpayers through their management who would hold all the power, hardly a situation of equality.

      I don’t know what you have against average working people and their ability to have a meaningful voice in their working conditions and compensation, but if you want to strip the rest of the police and fire fighters of their current rights, well all I can say is that should be extremely “interesting”. Just what Wisconsin needs, more divide and conquer for it’s citizens. What a sad state.

  3. Equal protection applies to laws or rights. There was no “rights” in question. Everyone knows the left claims there is but then again the left bends the truth quite a bit.
    Now Mr.Cranley should educate myself over at “democracy now” or some other similar left slanted B.S. site? It seems that these are the only places you get your info.
    Like I said this action will go nowhere and we all know it.

    • Dear John,

      Several decades ago a RIGHT was afforded to public employees by Wisconsin state LAW. That LAW was changed by Act 10 to take that RIGHT away from some employees, but not from others. That means the LAW (Act 10) violates the RIGHT to equal protection under the Wisconsin and U.S. Constitutions, the supreme LAWs of these lands.

      Since LAWS and RIGHTS are clearly involved here, equal protection applies and your argument does not.

      Thanks again!

  4. Sean your well reasoned and insightful comments are appreciated. Keep up the good fight!