One undiscussed part of the Wisconsin situation is the number of legal fights that could be pursued. I was at a meeting of progressives which went line by line through Walker’s prank phone call with “David Koch” and discussed the potential legal, ethical and campaign law violations contained therein. For example, in one part at the end, Koch offers to bring Walker out to California once he finishes “crushing the bastards,” and Walker says something to the effect of “sounds great.” That could be construed as the acceptance of a gift, according to former Democratic Attorney General Peg Lautenschlager. And there are several more examples.
In addition, the unions are angered by Walker’s refusal to negotiate. He represents management in what is essentially a labor dispute. And by refusing to negotiate, today AFSCME (which started in Wisconsin in 1932) filed an unfair labor practice claim against Walker. Eddie Vale, spokesman of the AFL-CIO, sends this over:
On behalf of AFSCME workers their attorney is filing an unfair labor practice against Walker. Alleging that he has violated his legal duty to bargain in good faith. The workers have agreed to ALL of Walker’s concessions on wages, benefits and pensions but he is refusing to sit down to bargain a compromise to get Wisconsin moving forward again and creating jobs.
There’s a part of the Koch call that gets to this as well. Walker basically says he’s going to threaten to use public employee layoffs as a bargaining chip. He at one point says he would “ratchet up” the layoffs if he doesn’t get his way. That’s illegal under current labor law.
Now the interesting thing here is that all of the current contracts basically expire on March 13, per a state order from the Director of the Office of State Employment Relations. So after that, really all bets are off as far as any labor action, including a strike. But until then, AFSCME will fight this out in the courts. Walker is refusing to bargain with public workers, in violation of the current right for public employees to bargain collectively, under the law. AFSCME has formally sent letters to Gov. Walker asking for the resumption of bargaining. Walker may be trying to kill collective bargaining, but for now he’s obligated to do it. So they’re filing an unfair labor practice. Here’s what they are trying to get out of this:
WHEREFORE, based on the foregoing, the complainant Wisconsin State Employees Union, AFSCME Council 24, respectfully requests the entry of remedial orders whose terms and conditions:
a. Declare that the respondent State of Wisconsin has denied its employees their rights under Wis. Stats. §§ 111.82 and 111.97;
b. Declare that the respondent State of Wisconsin committed an unfair labor practice within the definitions of Wis. Stats. §§ 111.84(1)(a) and (d) and 111.97(1)(a) and (d);
c. Require the respondent State of Wisconsin to bargain collectively with the complainant WSEU;
d. Extend the provisions of the contract extension until this controversy reaches resolution;
e. Prohibit this and similar types of unlawful conduct in the future;
f. Require the posting of conspicuous compliance notices;
g. Require such further relief as may be deemed appropriate in these circumstances.
Ultimately, where this is going is to get the collective bargaining restrictions in the budget repair bill, should it ever pass, thrown out in court. Those challenges will occur the moment the bill is signed. “And I think we still have some good judges in this state,” said The Nation’s John Nichols to a crowd of progressives yesterday, “that will give us an injunction, to slow this down.”
This is the first step of that.




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Good.
This ‘graph confuses me a little. Does “all bets are off … including a strike.” mean that after March 13, the unions will be more empowered to explore carrying out a strike (assuming no deal is reached before then)?
anyone know if David Dayen is inside the Capitol ?
Hmmm. Highly skeptical. How likely is that really? They too (like a progressive congressperson) will always stab you in the back when the crunch finally comes.
I hope they can stop this bastard. But did you read the NYT mag yesterday about Christie in NJ. He too is battling and brow beating the teachers unions over benefits and pensions, et. al. But he seems to be winning and the public seems to be on his side. The unions have got to find a way to get the public on their side. Maybe they are doing it in Wis.
Based on his lede in this post from last night, I don’t think so.
Though I think given today’s posts, he is obviously still in touch with folks there
Mind you — I’m not an attorney nor am I in any way qualified to give what might be construed as legal advice – this is just a personal comment — but it wouldn’t surprise me to see something like “immunity under color of public service” offered up as a defense. But then again, this is contract law and perhaps that makes it “different” and thus “pursueable”?
Any attorneys out there care to comment?
skeptical, me too. They will likely swing with where they think the public is even if they are left of center. But the Koch name will draw fire.
According to wikipedia, The Wisconsin State Capital was designated a National Historic Landmark in 2001.
Any welding done to a National Historic Landmark without a permit would be a Federal crime.
Call the Parks Police. I’m not kidding. They take this kind of thing very seriously.
Excellent!
He’s not winning, and he’ll be a one-term governor. Provided NJ runs a decent Democrat.
wouldn’t that be fun
New gov in NYS (Cuomo-DINO) sounds just like Christie.
is Walker going for dumbassitude hall of fame – if this is the case, and I certainly don’t doubt Dayen – why in bloody hell doesn’t this numbskull wait this out ? why is he making all these yosemite sam type threats wrt deadlines for return of Wisc. 14 ?!?!
to show the mouth breathers what a badass he is in beating down the DNC, and their Labor thugs ???
srsly, what a maroon
why aren’t the dems and unions talking about a recall for anyone and everyone who is on board the walker budget damage bill?
Walker can’t be recalled until after a year in office. As for other folks involved, Phoenix Woman just explained it to me.
when one looks deeper,
what rational politician would destroy his shot at ever winning a state wide election again?
Gov. Walker like Obama seems to enjoy committing political suicide a little to much.
one has to wonder, if the elites are going to put another puppet in the place of Gov. Walker.
we all know OBAMA is going to be replace by another Neo-Con puppet.
the USA political landscape is full of Trojan horses who main mission in life is to destroy the USA middle class.
Ding.
And the pols who get voted out of office get financially rewarding lobbying jobs.
fyi there are 8 WI State Senators presently subject to recall and there are reports that effort is ongoing within all the other organizing efforts in Madison
wow, wonder if the lone ‘no’ vote so far is one of the 8
Does anyone know if David Gregory (MTP Tool) had the stones to ask Wanker about the telecon with the Koch imposter? I’m still incredulous that Wanker could have fallen for the oldest telephone trick in the book. Dude’s a real dumbass.
And they both have the NYT to powder their noses.
Yep.
David reported earlier that Dale Schultz may vote against repair bill. He must be on the subkect to recall him, because the article states that if he votes no, the teatards may try to recall him.
He’s not. So he might be operating out of a sense of, “Bloody hell, this is actually immoral,” as opposed to, “Damn, I’m gonna get recalled and my district voted for the O.”
There are reports that Walker has ordered all the Capitol windows bolted. Perhaps David can verify.
http://twitpic.com/44ssy1
Adam, great point. But, I fear that when “grown-up, serious, hippy-bashers” do this, they will not show their normal zeal when a “little person” does something bad, in pursuing the case.
Exactly. And we all need to bear that in mind. So-called “Dem” or “Rethug”… doesn’t matter. Right and left are all getting bought off by the elites.