Thursday, April 25, 2013

'Madison Teachers v. Walker' certification

The Wisconsin Court of Appeals has filed a certification to the Wisconsin Supreme Court in Madison Teachers, Inc., v. Walker, Dane County Circuit Court case no. 11CV3774; Appeal no. 2012AP2067.
At issue are several statutory changes accomplished by the passage of 2011 Wis. Act 10 and 2011 Wis. Act 32 that fundamentally alter the balance of power between municipal employees and their municipal employers with respect to wages and conditions of employment.

This appeal involves municipal employees, but the statutory provisions at issue here have direct counterparts in a separate statutory subchapter that applies to state employees. Thus, a decision on the provisions affecting municipal employees would appear to be dispositive with respect to state employees.

We also certify this appeal because its resolution requires more than the application of settled law to a new set of facts. Rather, as explained below, law development and the clarification of supreme court decisions are necessary to resolve the parties’ disputes with respect to constitutional associational rights and Wisconsin’s Home Rule Amendment.

The Associated Press reports at the Wisconsin Law Journal.