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postulater

(5,075 posts)
Sat Sep 15, 2012, 11:46 PM Sep 2012

Did Wisconsin just recognize public sector collective bargaining as a fundamental right?

"2011 Wisconsin Act 10 – the now famous and controversial law that essentially gutted collective bargaining rights for public employees has been ruled unconstitutional. The decision appears to be the first by a Wisconsin court to recognize collective bargaining as a constitutionally protected fundamental right. This a tremendous step for organized labor, assuming the decision is not reversed on appeal."

http://mahalawgroup.com/cb-fundamental/

I don't know this attorney at all but he has an interesting analysis.

Are Unions people too now? If corporations are people why can unions be people?

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Did Wisconsin just recognize public sector collective bargaining as a fundamental right? (Original Post) postulater Sep 2012 OP
From wiki tama Sep 2012 #1
Dunno, but elleng Sep 2012 #2
No, ONE judge interpreted it in an opposite manner from what Walker put in place, so SoCalDem Sep 2012 #3
It goes to the Wisconsin Supreme Court now... nebenaube Sep 2012 #4
Sadly, you are correct on all point. Scuba Sep 2012 #5
 

tama

(9,137 posts)
1. From wiki
Sat Sep 15, 2012, 11:54 PM
Sep 2012

"Some examples of legal persons include:

Cooperatives (co-ops), business organization owned and democratically operated by a group of individuals for their mutual benefit
Corporations are by definition legal persons. A corporation sole is a corporation constituted by a single member, such as The Crown in the Commonwealth realms. A corporation aggregate is a corporation constituted by more than one member.
Municipal corporations (municipalities) are "creatures of statute." Other organizations may be created by statute as legal persons, including European economic interest groupings (EEIGs).
Companies, a form of business association that carries on an industrial enterprise, are usually corporations, although some companies may take forms other than a corporation, such as associations, partnership, unions, joint stock companies, trusts, and funds. Limited liability companies are unincorporated associations having certain characteristics of both a corporation and a partnership or sole proprietorship. LLCs, like both incorporated and unincorporated companies, are legal persons.
Sovereign states are legal persons.
In the international legal system, various organizations possess legal personality. These include intergovernmental organizations (the United Nations, the Council of Europe) and some other international organizations (including the Sovereign Military Order of Malta, a religious order).
Temples, in some legal systems, have separate legal personality[2]"

elleng

(130,156 posts)
2. Dunno, but
Sun Sep 16, 2012, 12:19 AM
Sep 2012

The decision confirms that “public employees have the right to advocate, either individually or through an association, and also the association has a right to engage in advocacy on behalf of its members…A State may not invade that constitutional protection either by a general advance prohibition against certain forms of advocacy…or by attempting to punish the expression of views that it opposes.” See Hanover Township v. Hanover Community School Corporation, 457 F. 2d 456 (7th Cir. 1972). In other words, public employees have the right to associate and advocate and the State cannot punish them or disfavor them because of the advocacy.

SoCalDem

(103,856 posts)
3. No, ONE judge interpreted it in an opposite manner from what Walker put in place, so
Sun Sep 16, 2012, 12:24 AM
Sep 2012

now it (and other cases like it, probably) will end up where they always wanted it to end..SCOTUS..

 

nebenaube

(3,496 posts)
4. It goes to the Wisconsin Supreme Court now...
Sun Sep 16, 2012, 01:00 AM
Sep 2012

Where it will be overturned 4-3 by Walker's stooges. The Unions will appeal further to the SCOTUS where the appeal will be upheld by a 5-4 vote. They have stacked the deck. It was over the minute Judge Prosser was 'selected' by Kathy Nicolas. ALEC wins.

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