Wisconsin
Unanimous Wisconsin Supreme Court blocks UW Health nurses’ unionization, backing Act 10
Scott Walker signs Act 10 in 2011
March 11, 2011: Wisconsin Gov. Scott Walker signs a bill that ends collective bargaining for most public union employees during a ceremony Thursday at the Capitol in Madison.
The Post-Crescent
MADISON – UW Health is not legally required to recognize its nurses’ union or engage in collective bargaining, a unanimous state Supreme Court ruled.
“When we examine the statutory language along with the statutory history, we conclude that Act 10 ended the collective bargaining requirements formerly placed on the (University of Wisconsin Hospitals and Clinics) Authority,” wrote Justice Brian Hagedorn in an opinion released June 27.
The court’s ruling upholds previous decisions by the Wisconsin Employment Relations Commission and a Dane County Circuit Court judge.
It also brings to the fore the lasting impact of Act 10, the 2011 state law engineered by Republican former Gov. Scott Walker that effectively ended collective bargaining for public employees in Wisconsin. Hagedorn, the author of the court’s unanimous opinion, provided legal counsel in the creation and defense of the law, and Jacob Frost, the Dane County judge who previously ruled in UW Health’s favor, appeared to have signed a petition to recall Walker over the law
The Wisconsin Employment Relations Commission ruled in November 2022 that UW Health is not required by law to recognize UW Health nurses’ union or to engage in collective bargaining. The union had been formed a few months prior to the commisssion’s ruling, with help from SEIU Healthcare Wisconsin.
UW Health nurses’ last union contract expired in 2014. At the time, UW Health said Act 10 — a 2011 state law that eliminated most collective bargaining rights for public employee unions — barred it from negotiating a new contract. Nurses countered that hospital management — acting as an independent body — could choose to recognize the union and bargain with it.
Fueled in part by the effects of the COVID-19 pandemic, nurses’ efforts to unionize also followed cost-cutting measures that raised concerns about staffing and patient care. While UW Health administrators agreed problems existed, they said Act 10 prevented unionization as part of the solution.
UW Health and SEIU petitioned the state’s employment relations commission in 2022 as part of an agreement brokered by Gov. Tony Evers, asking the commission to determine whether the Wisconsin Employment Peace Act applies to the hospital. If the Peace Act — a chapter of state law governing collective bargaining — were determined to apply, UW Health would have to bargain with the union.
Both the commission and a Dane County Circuit Court judge ruled UW Health was not covered under the Peace Act and, as such, not required to work with the nurses’ union.
Attorneys for the nurses argued to the Supreme Court in February that the hospital functions like a private employer, and therefore should be governed by the Peace Act. UW Health attorneys countered that the legislative intent of Act 10 was clearly understood to dismantle unions and, despite the fact UW Hospitals and Clinics Authority was created in the mid-1990s as a quasi-government entity, lawmakers in passing Act 10 made clear it was included and considered a public entity.
“Taken together, the effect of the legislature’s changes in Act 10 are no mystery. When it created the Authority, the legislature added the Authority as an employer under the Peace Act and imposed numerous other collective bargaining provisions,” Hagedorn wrote. “In Act 10, the legislature eliminated the Authority as a covered employer along with other collective bargaining requirements. We therefore hold that the Authority is no longer covered by the Peace Act and is not required to collectively bargain under the Peace Act.”
Jessica Van Egeren of the Milwaukee Journal Sentinel contributed.
Jessie Opoien can be reached at jessie.opoien@jrn.com.
(This story has been updated to add new information.)
Wisconsin
President of Wisconsin’s largest mosque released from ICE custody
A federal judge has ordered the release of the president of Wisconsin’s largest mosque, after finding that immigration officials probably detained him in retaliation against his public advocacy for Palestinian rights, suppressing his first amendment rights in the process.
The US district judge James Patrick Hanlon’s order on Thursday marked a sharp rebuke against Trump officials, including the secretary of state, Marco Rubio, who had tried to paint Salah Sarsour as a national security threat.
“Salah Sarsour, who has lived in this country for more than three decades and served as a core pillar in his community without any issues, should never have been detained in the first place,” his legal team wrote in a statement. “While we continue to fight these baseless claims in court, today is about celebrating a family being reunited. It is also a sober reminder that, if the government can target Mr Sarsour, everyone’s free speech rights are at risk.”
Sarsour describes himself as a stateless Palestinian, according to the order. Immigration and Customs Enforcement (ICE) says that he is a Jordanian citizen. He has lived in the United States for more than three decades, becoming a legal permanent resident in 1998. Immigration officials approved Sarsour’s citizenship application decades ago, though he did not naturalize.
Sarsour has garnered public attention as a champion for Palestinian rights, and serves as a board member of an advocacy group called American Muslims for Palestine.
But Rubio personally signed off on a memo to the DHS last year describing Sarsour as deportable despite his green card, because “his actions undermine US foreign policy to combat antisemitism around the world”. The memo, cited in Hanlon’s order, accuses Sarsour’s group of being “found to have been involved in activities providing funds to Hamas”.
A group of plainclothes ICE officers from at least 10 unmarked vehicles swarmed Sarsour on 30 March of this year, arresting him and putting him in deportation proceedings. ICE ultimately detained him in Clay county jail in Indiana.
Sarsour lost 30lb while detained, the order says. His lawyers told the court that he was “at constant risk of developing serious complications from diabetes given that the medical staff only checks his blood-sugar levels once a month”. Tightly controlling diabetes typically requires multiple glucose checks daily.
Hanlon’s order says that homeland security officials and Rubio probably trampled on Sarsour’s first amendment right to free speech and appeared to have arrested him in retaliation for his Palestinian rights advocacy.
The order cited a New York Times story and the website for the Heritage Foundation, the conservative thinktank that dreamed up Project 2025,
The Heritage Foundation presented the White House with the idea to present prominent foreign-born Muslims and Palestinian rights leaders as terrorists in order to sue them, deport them or pressure employers to fire them, the order says, citing reporting from the Times and Heritage’s own website. Sarsour was probably among the targets of that campaign, the order says.
The federal government, through its lawyers, contended that Sarsour should be deported based on two convictions from more than three decades ago in Israel – one for throwing a molotov cocktail and the other for attempting to store weapons and ammunition.
Sarsour denies having committed those crimes.
But Hanlon viewed those crimes as a non-issue for justifying his incarceration, noting that the federal government knew about them since the 1990s and approved his legal permanent residency and his citizenship application anyway.
Sarsour’s speech on Palestinian rights “is core political speech and squarely within the scope of the First Amendment”, the order says. “Mr Sarsour has submitted evidence allowing a reasonable inference that his protected speech was ‘at least a motivating factor’ in Respondents’ decision to detain him.”
A spokesperson for homeland security described Sarsour as a “terrorist”, citing the convictions from his youth in Israel.
Government lawyers had argued that Sarsour did not have the same first amendment rights as US citizens. If he were released, they said, he should have to pay a $25,000 bond, wear an ankle monitor, check in routinely with ICE and remain confined to his house.
Instead, Hanlon ordered his release on personal recognizance, meaning that Sarsour does not have to pay a cash bond to compel him to show up in court again. The order, however, requires him to remain in the state of Wisconsin.
Wisconsin
Couple asks Wisconsin Supreme Court to hear Brewers 50-50 raffle prize dispute
(WLUK) – A couple challenging the decision not to award them a 50-50 raffle prize at a Milwaukee Brewers game asked the Wisconsin Supreme Court to take the case, calling it one of “statewide importance.”
Matthew and Annette Flynn purchased ten raffle tickets at the July 7, 2023, game, and held the winning number which was originally selected for $13,000. According to court records, the raffle rules in effect at the time required the winning ticket holder to claim the prize at a designated 50-50 table by the end of the top of the seventh inning. Flynn said she did not see the winning number displayed or hear it announced and was directed by stadium personnel to another location before making her way to the claim table. Officials determined she did not arrive before the deadline and selected a new winning ticket.
The Flynns sued, but the circuit and appeals courts ruled the raffle’s rules gave the foundation sole discretion to determine the official winner and that the rules clearly stated a participant who failed to claim the prize within the specified time would be disqualified.
In a petition to the Wisconsin Supreme Court filed Wednesday, the Flynn’s asked the high court to take the case, saying the decision “affects not only the parties to this action but potentially every Wisconsin resident who participates in charitable raffles and similar gaming activities.”
“This case presents significant questions concerning contractual discretion, discovery, judicial review of charitable gaming decisions, and the treatment of digital evidence within Wisconsin’s appellate system. For these reasons, Petitioners respectfully request that this Court grant review of the decision of the Court of Appeals,” the petition states.
The high court does not have to take the case. At some point, it will vote on if to take it. If it does, a months-long process to review the issues will begin. If it does not, the appeals court ruling would stand.
According to the rules posted on the Milwaukee Brewers’ website, the deadline to claim the prize is no longer during the game the tickets were purchased.
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“The Participant in possession of the Raffle ticket with the potential winning number may claim the Prize at the 50/50 Table located on the Loge (2nd) level concourse behind Sections 216/217 until such time as the Ballpark officially closes to fans after the end of the game. If the Participant in possession of the Raffle ticket with the potential winning number does not claim the Prize by the time the Ballpark closes to fans after the end of the game, that Participant may still claim the Prize within thirty (30) days after the conclusion of the Raffle Period for the respective baseball game by contacting the Raffle hotline (414-902-4334). A Prize that is not claimed within thirty (30) days after the conclusion of the Raffle Period will be awarded in compliance with applicable regulations,” the site states.
Wisconsin
Wisconsin DOJ probes fatal shooting by Oneida County officer
ONEIDA COUNTY, Wis. (WFRV) — The Wisconsin DOJ is investigating an officer-involved death that occurred on the morning of June 17 in the town of Lake Tomahawk.
According to a press release, around 10:30 a.m., two Oneida officers arrived at Lumen Lake Drive to arrest a subject in a felony investigation.
Upon contact with the officers, the subject brandished and shot a firearm. One officer shot the subject in return.
EMS pronounced the subject dead on the scene. No members of law enforcement or the public were injured.
Both officers will be placed on administrative assignment, per the agency’s policy.
WFRV will update this story as needed.
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