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Originally Posted by BlueStreak
Well, isn't that basically what it is? Wouldn't forming a union amount to forming a citizens group (Assembly) to "petition the government for redress of grievences"? First Amendment rights could very well be at issue here.
Hmmmm, time to do some research. Thanks, now I have a little project for the weekend. Maybe d-Ray can help shed some light on this?
Dave
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You hit that nail on the head Blue. As the court said in
Hanover Federation of Teachers v. Hanover Community School Corp., 457 F.2d 456 (7th Cir. 1972)
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The First Amendment protects the right to advocate, either individually or through an association, and also the association's right to engage in advocacy on behalf of its members.
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The state of Wisconsin has also spoken of collective bargaining as a right:
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(2) Rights of municipal employees. Municipal employees shall have the right of self-organization, and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection
Wisc. Stat. § 111.70
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So yes, it is fair to say that the governor is attempting to trample on the rights of public employees.
I spoke in an earlier post that, in Missouri, the public body is not required to accept the proposals of a union, and may enact a law that is contrary to the proposals made by the union. It appears that such is the case in Wisconsin too. The governor could get the contributions he and the secretary deem necessary under the law as it stands. This attempt to crush the unions is a completely unnecessary abuse of power.
Regards,
D-Ray