MADISON (WKOW) -- The following is a statement from Madison Teachers, Inc. Executive Director John Matthews regarding the U.S. 7th Circuit Court of Appeals decision to uphold Wisconsin Act 10, in a case brought by another union, Wisconsin Education Association Council(WEAC):
"Today's decision by the U.S., 7th Circuit in Chicago, overturning the earlier decision by U.S. District Court Judge Conley, Wisconsin's Eastern District, is disappointing, however, the basis of the suit in the federal case is different than the basis upon which MTI's claim was made. Given this, the decision in the 7th Circuit Case reversing Judge Conley, has as its foundation criteria other than that upon which Judge Colas made his decision. The case in federal court was based primarily on Act 10's prohibition of a Union's ability to collect dues and fairshare monies (from non-members whom the Union is obligated to represent and who benefit from the terms and conditions of the Union's Contract). MTI's case in State Court, claimed Act 10 violates our members' Wisconsin Constitutional Rights of Freedom of Speech, Freedom of Assembly and Equal Protection; the latter because Act 10 left Union rights in tact for police officers and firefighters; thus denying equal protection to teachers as that extended to police officers and firefighters. Judge Colas' ruled in favor of MTI, and the 7th Circuit decision does not negatively impact Judge Colas' Decision. Judge Colas' Decision in the MTI case remains in full force and effect."
Of note also is that the decision in the 7th Circuit Court was 2 -1, with a strong dissent. In my opinion, that leaves grounds for the Unions who advanced the case in federal court to seek a re-hearing before the entire 7th Circuit Court. It is likely that the federal case will proceed to the U.S. Supreme Court."
