Huebsch [Walker-WI] to act as though anti-union law official

[iwishiwas]

Source: Chippewa Herald Telegram



Huebsch to act as though anti-union law official

By THE ASSOCIATED PRESS Chippewa.com | Posted: Saturday, March 26, 2011 8:43 pm


MADISON — Until it’s told otherwise, Wisconsin’s Department of Administration says it will move forward as though an unsettled law that takes away certain collective bargaining rights has become official.

Department Secretary Mike Huebsch said Saturday that his legal counsel has advised him to begin implementing the law as required after a bill is lawfully published.

The bill in question was published Friday by the nonpartisan Legislative Reference Bureau. Publication typically means a law takes effect, but there’s uncertainty in this case.

The Reference Bureau head says the law only takes effect after Secretary of State Doug La Follette acts. But a judge’s temporary restraining order prevented La Follette from doing so..........



Read more: http://chippewa.com/news/state-and-regional/article_bdc36c24-5813-11e0-8a6a-001cc4c03286.html

---

Once again, Scott Fitzgerald, one of Walkers main Repug poodles in the WI Senate is declaring that the bill is official.

[rpannier]

1. So the question becomes what are people prepared to do if they enforce the law?

If people do nothing then "Yes, it's official."

[tcaudilllg]

2. It's time for a strike.

[HereSince1628]

9. I don't think you'll see a general strike in Wisconsin...

the furor has turned into determination to recall and litigate.

The lawsuits will come now. There is not only the question of due process re Open Meetings, there are also questions about whether the state has the power to dictate employee compensation rules to cities and towns. Moreover, the exclusion of the firefighters and police from policies affecting all other state workers is clearly a quid pro quo for Milwaukee safety union support of Walker's camapaign. The way they have become a special class of unionized employees is arguably unconstitutional under the Equal Protections clause.

However, fury could rise up again as the budget still needs to be written by the end of June. The cities and towns are beginning to realize just how awful the austerity pogrom against the workers is going to be. If you are looking for a general strike, don't expect one until June. And before that I would think there would be demonstration events, like coordinated half-hour work stoppages.

[elocs]

15. It's so easy for those in other states to call for a general strike here in Wisconsin

without understanding our situation here or the ramifications of such a strike. However, they are more than welcome to do as they please in their own states because if it's good enough to advise Wisconsin to do it then it should be good enough there as well.

[idrahaje]

31. think thats what the repukes wanted

but what they got is a hot fork up their backside

[eowyn_of_rohan]

32. Wisconsin GOP Bill Allows State to Fire Employees for Strikes, Walk-Outs

http://motherjones.com/mojo/2011/03/wisconsin-walker-union-republican-senate-budget-bill

"But there's another explosive provision in the bill that's received little attention: The bill authorizes state officials to fire any state employee who joins a strike, walk-out, sit-in, or coordinated effort to call in sick.

...the legislation gives state officials the power to fire workers during a "state of emergency" declared by the governor under several conditions. If a state employee misses three working days without an approved leave of absence, that's grounds for being fired.

State workers can also be dumped if (they) participate in a "strike, work stoppage, sit-down, stay-in, slowdown, or other concerted activities to interrupt the operations or services of state government, including mass resignations or sick calls."

[Thor_MN]

40. Is there any doubt what would happen if the teachers were fired and replaced?

The study of jebus horses and supply side economics would become standard fare.

[eowyn_of_rohan]

42. That's a scary prospect.

I think demonstrations will become a bit more unruly if they pull something like that...

[Sonicwall]

45. And a massive lawsuit is just waiting for the GOP fuckers

They will not be able to pull a Reagan once it reaches the WI Supreme Court after April 5th, and it will be null and void, ordered the arrest of the entire Walker maladministration and thrown into prison pending arraignment that will be held, oh in a few months.

[Snoutport]

33. i think i agree with you! nt

[iwishiwas]

7. We will see if the Administration takes the first step or if one of Walker's

poodles does act. Right now they have only made declarative statements (like bullies do).


On the other hand--if someone in the state--say a school board, local municipality or county staff takes the law to be in effect, we know they are listening and obeying the Dictator.

[sybylla]

22. Schools and Municipalities are in a tough position and may not have a choice.

If they do as the DOA says, and courts decide against the state, the municipalities end up paying back, reimbursing, and possibly with interest and penalties, all that they took away from their staff.

One thing's for certain, the state will take away tax dollars from schools and municipalities as if it is in effect. At the same time, they will tie the hands of these local government entities in regards to raising more revenue. The end result is that local governments will be forced to make steep cuts elsewhere if they don't take it out of the hide of their employees as the state dictates. The state will drag this on, saying that the law is in effect and pass their budget accordingly.

Then, after July 1, when the fiscal year starts, everyone will be screwed no matter what the court decision is.

[Doctor_J]

17. Sign petitions and post rants

that's our pushback these days

[HereSince1628]

21. The April 5 election will tell

whether this is all on-line ranting.

I don't think it is, but the election will provide a measure of what badgers are willing to commit to the fight.

on edit: And remember it wouldn't be a fight unless there were TWO sides. Don't expect the teahadists to stay at home, victory in the April 5 elections may only be a 5% swing.

[HereSince1628]

3. Once the Walker admin acts it will make possible law suits...

For example, the monthly paychecks are about to go out...if they don't include deductions for union dues then the Walker admin has violated a court order.

What is becoming more and more apparent to the citizens of Wisconsin is that Walker and the Fitzgeralds are in the midst of a putsch that empowers corporations to control a weakened state.

If you ever wondered how classical democracy collapsed and was replaced by feudalism, take note of these times.

[nebenaube]

10. Admit it... they've already changed the payroll software...

We are definitely going to sue until someone can explain to me how the government can take deferred compensation without compensating us...

[iwishiwas]

12. Interesting. I had not thought of that but it is very possible.

[LiberalFighter]

29. Exactly. Either they pay the comp later or now.

[ewagner]

14. I think you're right

the court order forbids "implementation" of the law...the language is very clear...there is no mistake. Any attempt to "implement" the law is contempt of court.

[Doctor_J]

18. Do you think law suits are going to stop these people?

Wake up and smell the fascism.

[neoralme]

23. Not in a million years. By this time in London or France, buildings

would be coming down. The corporatists are viewing this as mere distractions and inconveniences.

[HereSince1628]

24. Well, those buildings are OURS, paid for by TAXPAYERS

It doesn't make a whole lot of sense to inflict self-injury, or does it?

We are pretty practical people here in Wisconsin. You can call us provincial and all that, but we aren't going to go against what is the prevailing social culture. We're going to do all those things we should do, in a non-violent manner.

There is no surrender in the air. To the contrary, it seems there is that unmistakable pheromone wafting around. The one that comes from knowing that we are on the right side of history, and being on what will be the winning side.

[neoralme]

27. Good luck with that...

[Doctor_J]

44. Coming to a gun fight with a knife

Or maybe with a rubber band gun. Best of luck.

[freshwest]

34. I never did.

[coalition_unwilling]

39. "Feudalism"? Do you mean rather "Fascism"? Or am I missing

something here?

[fasttense]

4. Until it’s told otherwise????

But they were told otherwise in a court order by a lawful judge of the United States. Maybe they are waiting to be told again, and then again, and then again. This is was happens when a country fails to prosecute criminals in the highest office. But wait there I go again looking backward.

I guess laws don't matter to RepubliCONS, so laws should not matter to the rest of us either. The Unions should just ignore what the RepubliCONS claim is lawful.

[iwishiwas]

6. The Dictator and his Repug poodles clain that the judge's order was not

specific to the Bureau but only to the Secretary of State.

[htuttle]

5. WI is about to become the lawyer's paradise

I can only imagine how many law suits are going to be filed against the state over this. Hundreds? Thousands?

Walker broke Milwaukee County's back by getting sued for stupid shit he did (and losing) -- looks like he's going to do the same thing statewide, now..

[SpiralHawk]

8. "Down America in a freaking bathtub. Smirk." - Republicons

[iwishiwas]

13. The media in WI did a piss poor job of highlighting Walkers Milwaukee

experience.

[Doctor_J]

19. Piss poor?

You make it sound as though they made a mistake. They did an excellent job of abetting the Koch Brothers putsch.

[iwishiwas]

20. Yes, the media abetted the Koch's and in doing so, they

neglected Walker's record as Executive of Milwaukee County.

[iwishiwas]

11. More---a Madison newspaper...........

http://host.madison.com/wsj/news/local/govt-and-politics/article_74859b5a-580d-11e0-9bee-001cc4c03286.html


Is it a law? Just a bill? Confusion reigns over collective bargaining legislation


By MARY SPICUZZA | [e-mail] | 608-252-6122 madison.com | (34) Comments | Posted: Saturday, March 26, 2011 7:45 pm

..........But Fitzgerald insisted Saturday that the law is now law.

"I still do believe this will bring a conclusion," he said. "As far as I'm concerned, the legislation is in effect today."

Fitzgerald said he got the idea for the LRB to publish the law after reading a Wisconsin State Journal article earlier this month, which said laws don't take effect until one day after they are published with the LRB. Fitzgerald and his staff researched the statutes before meeting with Steve Miller, LRB director, on Friday morning to discuss the issue.

"They all came to the conclusion that they had to take action and publish," Fitzgerald said.

But attorney Scott Grosz of the Wisconsin Legislative Council said Friday night in an email to Assembly Minority Leader Peter Barca, D-Kenosha, that "the LRB did not intend for its action to independently determine" the law going into effect and "further action by the Secretary of State is required" for that to happen.

Regardless, the Republican leader's actions have been slammed by Democratic lawmakers, protesters, unions and the Dane County District Attorney who filed one of the lawsuits over the legislation.

[Scuba]

16. "Until it’s told otherwise, Wisconsin’s Department of Administration says it will move forward ..."

They've been told otherwise, by a Court Order.

They have no respect for the Constitution of the State, their only intent is to plunder as much as possible as fast as possible.


Our first strike back: April 5th, vote JoAnne Kloppenburg State Supreme Court !!!!


(edited for grammar)

[iwishiwas]

25. Heubsch is the Walker POODLE who lied about Capitol 7 Million cleanup!!

Walker’s right-hand man, Mike Huebsch, is no stranger to being an obedient liar and one who disrespects the laws of Wisconsin with his latest stunt declaring that Act 10, the union-busting “law” that is going to be in court for a while (and thus not really be a law), is in fact “law” according to his standards.

Let’s flash back to where Mike Huebsch completely exaggerated the Capitol building cleanup costs by saying that it would cost $7.5 million to clean up, when estimates showed that it would be a fraction of the cost:

Department of Administration Secretary Mike Huebsch admitted Friday the $7.5 million quoted by DOA lawyer Cari Ann Renlund was “at the high end of the range” and that actual cleanup costs could be as low as $347,500.

Huebsch defended the discrepancy at an afternoon press conference, saying the estimate represented the “best information available at the time” based on a memo by state architect Daniel Stephans.

But in the memo, released to the media Friday, Stephans acknowledged his estimate “was nothing more than an educated guess.”

Source

http://scottwalkerwatch.com/

[rasputin1952]

26. I am not a Wisconsonite, so I will not sit here and tell the good people of WI...

to strike, or burn down the Capitol. I have followed this closely though and have been to, on several occasions, WI law sites, and I think the People have an excellent case in overturning this piece of trash Bill. I also think that there is a very good shot at the recall procedure to knock 3 or more out of their seats and with D's taking control, rescinding this should be a relative breeze.

It appears that what the LRB has done is not just illegal, but also in direct conflict with a court order. it will be tough for those who shoved this through to justify their actions before a court. This does not take into consideration something I find obvious...courts are not fond of bypassing due process, they are very careful in how they maintain their way of doing things; even when this is ruled upon by the initiating courts stay, or on appeal...these clowns will have to explain just why they ignored a judicial stay, and why it was so important that this legislation be propelled so quickly w/o judicial review that was legitimately asked for. Very few courts would deem what happened as any kind of "emergency" where the state was going to suffer irreparable damage in waiting for a judgment. No court I know of thinks that it is fine to breech a court order, that is, quite simply contempt of court.

Without imminent irreparable damage to the state, these clowns have really stepped into a ditch they are going to wish they didn't step into. At the very least, they should be subpoenaed and have to show just cause why they should not be held in contempt. We shall see what the ruling judge has to say, but this is just one more thing that these idiots have done that will enrage the good people of WI...they just do not know when to stop, and this, (as well as the other states contemplating such actions), will have very serious ramifications for the GOP in 2012. Even here in Bible Belt Nebraska, people with serious GOP credentials are wondering why these people don't hit the Stop button on their runaway descending elevator.

[socialist_n_TN]

28. The recalls won't rescind the legislation..........

because there's still the Republican Assembly to deal with and then Walker until HE'S recalled. All the CURRENT recalls will do is stop any FURTHER erosion of Wisconsinites rights.

If they enforce, I would say shut it down. A general strike and make it HURT. EVERYBODY strikes whether you want to or not BECAUSE YOU CAN'T GET INTO WORK. Try it for a week and see if it works. But I'm not a Wisconsinite and I don't think we could make a general strike work in TN., so my solidarity is with whatever the Wisconsin unions and people decide to do.

[rasputin1952]

35. The R Assembly may come around...

a recall can create havoc among them.

One thing is for sure, they would not be able to make the ridicualous "mandate" or "the people have spoken claim...for the next GE, in Nov 2012 they would be wiped right off the electoral map.

[LiberalFighter]

30. The judge needs to fine Huebsch, all of attorneys, Walker, and all Republican legislators

$500 a day.

[Sonicwall]

46. $500 a day?

With the a-holes firmly on Koch's tits, it's not enough.

$20 million a day. Payable to an union fund where it's split equally among the local registered unions.

[LiberalFighter]

48. I figured there would be a bunch of assholes that lose a major portion of their income.

Those attorneys in his department aren't likely to make that much.

[Judi Lynn]

36. Status of Wisconsin labor law disputed

Source: UPI

Status of Wisconsin labor law disputed
Published: March. 27, 2011 at 2:31 PM


MADISON, Wis., March 27 (UPI) -- Wisconsin's anti-union bill has not become law, the Democratic secretary of state says, but Gov. Scott Walker's administration disagrees.

Secretary of State Doug La Follette told the Milwaukee Journal Sentinel Saturday that the so-called budget-repair bill, which curtails public employees' collective bargaining rights, is "still an act of the Legislature that has not yet become law because I have not yet designated a publication date."

Dane County District Attorney Ismael Ozanne, a Democrat, has filed a complaint to block the law, charging the Republicans passed it in violation of the open meetings law.

On March 18, Dane County Circuit Judge Maryann Sumi issued a temporary restraining order to block La Follette from publishing the law. A hearing on the case is set for Tuesday.

Read more: http://www.upi.com/Top_News/US/2011/03/27/Status-of-Wisconsin-labor-law-disputed/UPI-70451301250716/

[Scuba]

37. Word is there's another hearing on Tuesday morning...

... be there !!!!

[Iliyah]

38. IT 'S NOT

LAW no matter what Heil Walker and his generals say. They broke the restraining order, what thugs (I have full respect for dogs). Again, these jerks refuse to following the law, but the last time I checked WI democracy, they have three branches not one. They need to go to jail for contempt.

[fascisthunter]

41. He Looks Like he was Dropped on His Head Several Times

kinda makes sense.

[Doctor_J]

43. They didn't obey the first court order, what the fuck is another hearing going to do?

:banghead:

[gkhouston]

47. Judicial candidate Kloppenberg thanks you. n/t

[WhiteTara]

49. where is the judge in this case?

I can't believe that the court will just slither away.

[yurbud]

50. unions need to act as if it's NOT--in other words, fight like the days before unions had any legal

sanction.

[Newsjock]

51. Despite legal challenges, (Wisconsin) collective bargaining law now in effect

Source: Wisconsin State Journal

Thousands of state workers will soon feel the effects of Wisconsin's new collective bargaining law, despite serious questions over whether it is really in force.

Public employees will first see the changes on their April 21 paychecks, with increases in health insurance premiums and retirement contribution — as well as a stop to automatic collection of union dues, according to state Department of Administration Secretary Mike Huebsch.

The changes began Sunday, he said.

... When asked about the questions surrounding the new law, Huebsch said the legal advice he has received indicates that the Legislative Reference Bureau correctly published the law on March 25 when it posted it on the Legislature's website. Huebsch declined to name who had given him that advice, saying only it was the DOA's legal team. He also declined to release any legal memos or other findings supporting the administration's position.

Read more: http://host.madison.com/wsj/news/local/govt-and-politics/article_35da68f0-5979-11e0-a009-001cc4c002e0.html?mode=story

[aquart]

52. A proud day for Wisconsin voters. And non-voters.

[Fearless]

63. Excuse me? Would you be so kind as to elaborate on that position?

[Botany]

53. So it is legal because they say it is legal?

Even though a court had given a TRO on it and if the bill was legal it would have to undergo
some sort of review?

And all this is based on an unnamed lawyer(s) who said that what "they*" were doing was fine...

This is bill is gonna get tossed from any honest court w/ out a doubt. The Judaical branch,
the executive branch, and the legislative branch are co equal .... come on Wisconsin elect
JoAnne Kloppenburg to the State Supreme Court .... the bill is headed there w/out a doubt.


* the republicans

[Shiver]

54. So wait..

If I hack into the legislature's website and post a bill, then that becomes legal? Is it really that easy?

Alright then... new law! "Attempts to cut collective bargaining by elected officials will result in immediate impeachment, followed by an official tarring and feathering."

[Sonicwall]

69. and a mandatory 100,000 year sentence in a pillory in a public square

Thrown rotten tomatoes are to be the only sustenance for these a-holes.

[L. Coyote]

55. FELONY? This will be stopped by a court order until the status of the bill is resolved.

Is Department of Administration Secretary Mike Huebsch committing a felony?
Walker thinks they can do whatever he wants, but they will all will find they are subject to the laws and may someday share a prison cell.

Wisconsin Statutes: Violation of state statute 946.12 is a Class I felony.

http://law.justia.com/codes/wisconsin/2010/946/946.12.html

946.12
Misconduct in public office. Any public officer or public employee who does any of the following is guilty of a Class I felony:

946.12(1)
(1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law; or

946.12(2)
(2) In the officer's or employee's capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer's or employee's lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer's or employee's official capacity; or

946.12(3)
(3) Whether by act of commission or omission, in the officer's or employee's capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer's or employee's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another; or

946.12(4)
(4) In the officer's or employee's capacity as such officer or employee, makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employee intentionally falsifies; or

946.12(5)
(5) Under color of the officer's or employee's office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employee knows is greater or less than is fixed by law.

http://www.gjs.net/946-12ss.htm

[RKP5637]

56. All workers have lost, not just the unions. Any thinking they are immune are

not paying attention. This is just the beginning of the assault on workers.

[rzemanfl]

57. Who is paying for these changes and all the work that will

be required to change them back when the Court says they can't do this? Would it be Wisconsin taxpayers? Of course. This asshole would make me glad I no longer live in Wisconsin if Florida's Governor Twelve Boots wasn't even worse.

[blunderbuss]

58. so a tro is toothless? isnt ignoring a tro illegal?

where are the police?

[Iliyah]

59. It's not LEGAL

and the WI government will have to reimburse the union workers.

[iwishiwas]

60. Heubsch had the computers reprogrammed -pay will be deducted starting

April 25. WHOW. just plain WHOW!
Recall, this is same Heubsch who said that there was 7.5 MILLION dollars damage to the Capitol because of the blue painters tape.

Thousands of state workers will soon feel the effects of Wisconsin's new collective bargaining law, despite serious questions over whether it is really in force.

Public employees will first see the changes on their April 21 paychecks, with increases in health insurance premiums and retirement contribution — as well as a stop to automatic collection of union dues, according to state Department of Administration Secretary Mike Huebsch.

The changes began Sunday, he said.

"It is my requirement to follow the statute and implement the law," Huebsch said.

He said the state has reprogrammed its computers to change withholding levels from workers' paychecks and is currently testing those changes.

[Iliyah]

61. That is the main target

union dues, ie union busting. This shit is going to backfire on them big time!

[Sonicwall]

70. Hopefully Heubsch will be indicted and jailed before attempting

to pull of this shit.

So will Scott Walker.

So will all three Fitzgeralds.

They will be sentenced to prison for many, many years.

And will not get paid no more than a penny a day.

[elocs]

62. Who specifically did the TRO say could not publish the bill? La Follette, the Sec. of State,

or did the TRO say that nobody could publish it? That is an important distinction.

Do not underestimate how cunning the Republicans can and will be, how they will use or attempt to use any legality or subterfuge they can to get their way. Democrats had better pay close attention to the specific letter of things and make sure that every i is dotted and every t is crossed.

We have to be smarter and more cunning than the Republicans in all things and learn to anticipate and block their maneuvers. If not, we will learn the lessons the hard way.

[rzemanfl]

64. La Follette is the ONLY person who can direct publication of the

bill. The Repukes are not cunning or brilliant-they are just fucking ruthless. The idea that there was something lacking in the TRO is exactly what they want you to think, "Oh, the Democrats just aren't smart enough." Bullshit. This will be decided via the April 5th election and a 4-3 Wisconsin Supreme Court decision one way or the other.

On edit, be sure you vote April 5th.

[lonestarnot]

66. So why legitimize it in the first place. I never legitimized

bushitler :7

[Sonicwall]

71. It will be Kloppenburg by a landslide

Count on it.

The other Rethug judge is already exposed and every WI voters will know who this scumbag Prosser is.

[rzemanfl]

72. From your keyboard to the ballot box, let it be so. Welcome to

DU by the way.

[drm604]

65. Wisconsin

is now WalKochsin.

[LadyHawkAZ]

67. Is their legal counsel named Yoo?

Just sayin'...

[hollowdweller]

68. The should have gone on strike.

I hope they will be able to regain their rights but the legal process and the political process are controlled by the man and influenced by money.

The only way to stop Walker and the GOP would have been to strike but they didn't have the balls to do it.

[eowyn_of_rohan]

74. Wisconsin GOP Bill Allows State to Fire Employees for Strikes, Walk-Outs

They have a good reason for not striking. They're between a rock and a hard place.

http://motherjones.com/mojo/2011/03/wisconsin-walker-un...

"But there's another explosive provision in the bill that's received little attention: The bill authorizes state officials to fire any state employee who joins a strike, walk-out, sit-in, or coordinated effort to call in sick.

...the legislation gives state officials the power to fire workers during a "state of emergency" declared by the governor under several conditions. If a state employee misses three working days without an approved leave of absence, that's grounds for being fired.

State workers can also be dumped if (they) participate in a "strike, work stoppage, sit-down, stay-in, slowdown, or other concerted activities to interrupt the operations or services of state government, including mass resignations or sick calls."

[Kip Humphrey]

73. Is this the dawn of the unitary governancy where judicial rulings are simply ignored?