UPDATE: Judge denies hold on Sept. collective bargaining ruling - WKOW 27: Madison, WI Breaking News, Weather and Sports

UPDATE: Judge denies hold on Sept. collective bargaining ruling

Posted:

MADISON (WKOW) -- A ruling that struck down parts of the state's collective bargaining law will hold up-- for now.

Shortly after Colas found Act 10 to be unconstitutional in September, Attorney General J.B. Van Hollen asked Colas to put his decision on hold, for time to appeal. On Monday, after five weeks of review, Colas ruled there isn't substantial evidence to grant that stay.

That means unions and employers will be able to continue bargaining, and the contract decided on early this month between Madison Teachers, Inc. (MTI) and Madison Metropolitan School District (MMSD) is still good, and it will be throughout the appeals process.

"That doesn't put things back where they were before Act 10 was passed, it just lets employers-- if they want to-- talk to their employees about everything that they always talked about," says Lester Pines, attorney for MTI.

In the motion, the state argued the September ruling was unconstitutional, created confusion and put local governments in fiscal crisis. A spokesperson from Van Hollen's office says the state will now ask the court of appeals to issue a stay.

Pines says resolution isn't very close. It could take the state Court of Appeals up to a year to decide on a stay. He expects the case will eventually end up in the Wisconsin Supreme Court.

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MADISON (WKOW) -- Wisconsin's collective bargaining law is headed to the court of appeals.
Dane County Judge Juan Colas rejected the State's Attorney General request to put on hold his earlier ruling. Last month, Colas struck down large portions of Governor Walker's collective bargaining law.
 
The law stripped most public workers of nearly all their union rights. Judge Colas ruled the law violated teachers and local government workers free speech, free association and equal protection rights.
 
Republican Attorney General J.B. Van Hollen had asked for a stay while he appeals. Van Hollen's spokeswoman Dana Brueck says he will now ask the court of appeals to issue a stay.
 
Lester Pines, an attorney for those challenging the law, says the judge reached a correct decision in rejecting the stay.
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