Van Hollen asks for stay of contempt ruling - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

Van Hollen asks for stay of contempt ruling

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MADISON (WKOW) -- Attorney General J.B. Van Hollen is asking for an emergency stay on orders relating to the Madison Teachers Inc. lawsuit against Act 10, the collective bargaining law.

On Monday, Dane County Circuit Judge Juan Colas found officials with the Wisconsin Employment Relations Commission (WERC) in contempt of court for continuing to enforce portions of the collective bargaining law despite a ruling they are unconstitutional.

Colas ruled last year the provisions were unconstitutional as applied to unions representing Madison teachers and Milwaukee public workers. WERC continued preparing for annual certification elections for more than 400 other unions next month. On Monday, Colas said his decision applied statewide.

Colas also issued an order Friday telling the WERC to cease enforcement of the provisions declared unconstitutional.

On Friday, the Department of Justice asked the state Supreme Court and the Court of Appeals to stay Colas' orders.

The DOJ says if either of the emergency motions are granted by October 29, school district collective bargaining agent certification elections will be allowed to occur as scheduled on November 1. If either motion is granted by November 4, the elections will be allowed to occur this year. 

The state Supreme Court will hear an appeal on Colas' initial ruling on Monday, November 11.

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