BRB Not In Effect Per Court

This morning, Dane County Circuit Court Judge Maryann Sumi issued the following two-paragraph order:

     "For the reasons stated on the record at the March 18, 2011, hearing conducted by the Court, as well as based on the testimony and evidence submitted at the March 29, 2011, hearing conducted by the Court, and pursuant to Wis. Stat. §813.02, Secretary of State Douglas La Follette, in his offical capacity, is hearby ENJOINED from designating the date of publication for 2011 Wisconsin Act 10, or and futher implementation of 2011 Wisconsin Act 10, including but without limitation publishing in the official state newspaper, pursuant to Wis Stat. §14.38(10)(c), until further order of the Court.
     "FURTHER, based on the briefs of counsel, the uncotroverted testimony, and the evidence received at the March 29, 2011 evidentiary hearing, it is hereby DECLARED that 2011 Wisconsin Act 10 has not been published within the meaning of Wis. Stat. §§991.11, 35.095(1)(b) and 35.095(3)(b), and is therefore not in effect.
    " SO ORDERED this 31st day of March, 2011, at 8:15 am."

    In response to the Order, the Walker administration has said it will halt action on putting the law in force by refusing to collect union dues for state employees and taking more for their insurance and pension shares. In a statement, the Secretary of the Wisconsin Department of Administration, Mike Huebsch, said "While I believe the budger-repair bill was legally published and is indeed law, given the most recent court action we will suspend the implementation of it at this time."  You can see the actual order by clicking here.  There will be another hearing regarding the case at 8:30 am on Friday, April 1, 2011 at which time Judge Sumi has the option to rule on a request for a preliminary injunction, which would block the law for a longer period than the current temporary restraining order.  We will let you know more as we know it.

April Regular Meeting Schedule

Vilas County Local 474 will hold their April Regular Meeting on Tuesday, April 12, 2011 in the Courthouse Conference Rooms at 4:00 pm.  This will feature a talk by Thor Backus, from AFSCME Wisconsin Council 40, who will give a presentation about the benefits of union membership in a post-BRB world, along with the normal Union business and all the updates that we can get you.  Ask any of the Executive Council members if you have any questions.

Temporary Restraining Order Continued



Hon. Maryann Sumi.  Photo courtesy of
Milwaukee Journal Sentinel,
credit Michael P. King.

      Yesterday, Dane County Circuit Judge Maryanne Sumi stated that her earlier temporary restraining order blocking the Budget Repair Bill - officially known as Act 10 - was clear and did not allow for its publication by the Leglislative Reference Bureau because it said no steps should be taken to advance the law, which its publishing did.  "Further implementation of the act is enjoined.  Apparently that language was either misunderstood or ignored, but what I said was the further implementation of Act 10 was enjoined. That is what I now want to make crystal clear" stated Sumi.  She issued a new restraining order which bars Secretary of State Doug LaFollette from designating a publishing date or running any notice about it in the official state newspaper.  However, the point of contention among the Walker administration is that the order does not name anyone else.  Department of Justice spokesman Bill Cosh said "We don't believe that the court can enjoin non-parties.  Whether the Department of Administration or other state officers choose to comple with and direction issued by Judge Sumi is up to them."  That is the basis on which the Dept. of Administration began witholding retirement moneis, began charging more for health insurance, and stopped collecting union dues for state workers.

Board of Supervisors Presentation

Click here to listen to the presentation that was given to the Vilas County Board of Supervisors regarding the Budget Repair Bill and the changes it might require.

Judicial Secretary Posting

A few of the more astute members may have noticed a job posting for the Judicial Secreatary position that went out to the public without first being posted to the Union membership.  Well here is the skinny: A Wisconsin Supreme Court ruling in 1996 allows judges to appoint their assistants if they so choose.  With the retirement of Jerrie Van Haverbeke, Judge Nielsen has requested to appoint his new assistant.  The new assistant will be treated as all other appointed deputies under current union rules, and members will not be able to post into that position.  Judge Neilsen is accepting and considering all applications he received.  Applications were due March 25, 2011.

BRB Published on Internet

    The Budget Repair Bill was published by the Wisconsin Legislative Reference Bureau on their website on Friday, bringing into question whether it would take effect today or not.  Assembly Speaker Scott Fitzgerald believe is would, citing state law that requires any law to be published within 10 days of being voted on.  However, Stephen Miller - Director of the Legislative Reference Bureau - and Secretary of State Doug LaFollette  both urge caution, noting that existing laws also say a new law isn't effective until it is published in the state's official newspaper - the Wisconsin State Journal.  It is unclear at this time how this will effect Local 474, but we will bring you more information as it becomes available.

BRB Goes to Supreme Court

     A three-man panel of appellate judges unanimously sent the challenge of the Budget Repair Bill to the Wisconsin Supreme Court without weighing on the merits of the case.  "Plainly, this case has broad statewide implications for the general public and those most directly addected by the challenged act" wrote Judges Brian Blanchard, Paul Higginbotham, and Paul Lundsten.  It is now up to the Supreme Court to decide whether to take up the case; four judges must vote to take up the case before they can hear it.  It is unclear at this time when the Court would begin hearing the case or how quickly they could rule.  In two weeks Supreme Court Justice David Prosser faces re-election for his seat on the court and has noted that he is in a tough situation regarding the vote to take the case, as it would be improper for him to vote to delay the case because it might "be embarrassing to me politically" and that it would also be improper for him to vote to take the case and be seen as a Walker backer.  This development makes it unbelieveable important to vote in the April 4, 2011 election for Supreme Court Judge, as Judge Prosser is a Scott Walker backer and his challenger JoAnne Kloppenburg has a history of aligning with us on issues.  PLEASE DO NOT FORGET TO VOTE - IT IS VITALLY IMPORTANT!

Appeal Against Temporary Restraining Order

Earlier today, Wisconsin Attorney General J.B. Van Hollen filed an appeal of the Temporary Restrining Order issued by a Dane County Circuit Judge on Friday.  Hearings on the injunction are scheduled for March 29, 2011 and April 1, 2011.  It is unclear at this time how this will affect the implementation of the law.  We will keep you posted as more information becomes available.

Transition Committee

The Vilas County Board of Supervisors held a meeting today in the Conference Rooms to set up what they are calling the Transition Committee that will explore and make recommendations on how to adapt county policies to the Budget Repair Bill.  This meeting also included a presentation by their labor attorney regarding new changes.  Check back here for more information as it becomes available to us.  Click Here to see a copy of the agenda.

BRB Veterans Links

Here are some important links for veterans regarding the Budget Repair Bill:

Wisconsin Department of Veterans Affairs 2011-2012 Biennial Budget Information

Wisconsin Departmetn of Veterans Affairs: Significant Provisions of Governor's Budget Reccomendations

Sean Duffy at Nicolet College

US Representative for Wisconsin's Seventh District Sean Duffy (D) will be at Nicolet College on Tuesday, March 22, 2011 from 4-5 pm to meet with constituents.

Bill's On Hold Rallys

  There are several "Bill's On Hold" rallies happening in the Northwoods this weekend.  Here is the information on three nearby:

EAGLE RIVER

Wednesday, March 23, 2011

4 pm - 5:30 pm

Corner of Pine St. and Railroad St. (corner that Dairy Queen sits on)

Parking to be in public lot northeast of Holiday Station and on side streets. Driveways to businesses may not be blocked. Please refrain from putting any business names on signs.

RHINELANDER

Tuesday, March 22, 2011 & Thursday, March 24, 2011

4 pm - 5:30 pm

Corner of Courtney St. and Pelham St.

Parking on public streets and public parking lots

MINOCQUA

Friday, March 25, 2011

4 pm - 5:30 pm

North of Minocqua Bridge

Parking on public streets and public parking lots

Please note not to block driveways to businesses or private residence during these rallies.  Please do not put any business names on signs.  Family, friends, and co-workers are invited and encouraged to participate in all rallies.

Vote for Supreme Court Justice

Joanne Kloppenburg

      On April 5, 2011 there will be an election for Wisconsin Supreme Court Justice.  This is an extemely important election that will have a great impact on the current budget and collecitve bargaining battles occurring in Wisconsin.  Currently the seven-member Court has four members who have a history of voting against out stand on these issues.  Currently one of them is up for re-election.  Recent elections have featured an influx of money from many of the same groups that have supported the Budget Repair Bill and its attack on public employee union collective bargaining.  Challenger Joanne Kloppenburg is not supported by any of those groups and her election to the Wisconsin Supreme Court would change the makeup of the court at a time when many historically important landmark cases will come before it.
     Please make sure to take the time to vote in the April 5th election for Wisconsin State Supreme Court.  Your vote is your most important weapon in fighting for your job and your way of life, and for making your voice heard. 

TRO Issued Against BRB

Earlier today Dane County Circuit Judge Maryann Sumi issued a temporary restraining order barring the publication of the Wisconsin Budget Repair Bill while she takes time to make a ruling on a lawsuit filed against its passing by Dane County District Attorney Ismael Ozanne.  While this is being touted as a small victory for opponents of the bill, it does not defeat the bill.  The Legislature may take up the bill in different form in full session, and state officials have said that they plan to appeal the restrianing order.  While much remains to be decided, what this does do is extend the timetable for events and allow us in the Local 474 to gather more information and formulate more strategy as we move forward.  Keep following us for more information as it becomes available.

Click here to read Judge Sumi's decision.

Welcome

Welcome to the AFSCME Local 474 blog.  This will be your center of information for union members in the Vilas County Courthouse.  Check here for important updates, events, and tips as we attempt to navagate through these unprecedented times.