Wisconsin law governs public sector unions. Specifically, Chapter 111 governs Employment Relations. Subchapter I deals with keeping the peace, Subchapter IV deals with municipal employment relations, and Subchapter V deals with State employment relations.

Chapter 111.01 deals with the general goals of the law. One of the primary goals is to keep the peace between workers and employers, to the benefit of everyone else.

111.01(2)

Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. … It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

It’s pretty clear that one of the goals of allowing public employees to unionize was to ensure that disputes could be handled in an orderly way, without inconveniencing everyone who depends on the work that the state and municipal employees do.

As the law continues, Chapter 111.06 starts to lay out what “unfair labor practices” are, both for the employer (1) and for the employee (2). I’ll quote some of the unfair labor practices, for employees.

(c) To violate the terms of a collective bargaining agreement, including an agreement to accept an arbitration award.

I’d argue that, per the terms of the CBA for Madison’s teachers, calling in sick to attend a protest meet this definition of an unfair labor practice.

(e) To cooperate in engaging in, promoting or inducing picketing that does not constitute an exercise of constitutionally guaranteed free speech, boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are are primarily directed have voted by secret ballot to call a strike.

Given that no strike has been called, I think the teachers who — by their absence — forced schools to close have engaged in unfair labor practices towards their fellow teachers. The teachers are arguing that their actions are merely an exercise of constitutionally guaranteed free spech. I don’t know that I agree. Not when a large minority of teachers are acting collectively, with the approval and encouragement of the union, to shut down the schools.

Now, let’s move specifically to Subchapter IV, Municipal Employees. Section (1)(i) and (1)(j) make it clear that teachers are muncipal employees since they are employed by school districts. Section (1)(nm) defines a strike, for municipal employees.

“Strike” includes any strike or other concerted stoppage of work by municipal employees, and any concerted slowdown or other concerted interruption of operations or services by municipal employees, or any concerted refusal to work or perform their usual duties as municipal employees, for the purpose of enforcing demands upon a municipal employer. Such conduct by municipal employees which is not authorized or condoned by a labor organization constitutes a “strike”, but does not subject such labor organization to the penalties under this subchapter.

What we had in Madison last week was a concerted stoppage of work by municipal employees for the purpose of enforcing their demands that the Governor alter the Budget Repair Bill. Because the unions didn’t call a strike, the union itself isn’t subject to penalties but individual teachers could be. Because the teachers were demonstrating against the State, not the municipal employer, their actions do not directly meet the definition of a strike.

Section (3)(b)(4) repeats the general prohibition against violating the current CBA. Section (4)(L) bans strikes by municipal employees.

Except as authorized under par. (cm) 5. and 6. c., nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employee or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under sub. (7m).

Section 7m lays out the process for ending a strike.

Section (7m)(a)

At any time after the commencement of a strike which is prohibited under sub. (4) (L), the municipal employer or any citizen directly affected by such strike may petition the circuit court for an injunction to immediately terminate the strike. If the court determines that the strike is prohibited under sub. (4) (L), it shall issue an order immediately enjoining the strike, and in addition shall impose the penalties provided in par. (c).

Section (7m)(c)(2)

‘Individuals.’ Any individual who violates sub. (4) (L) after an injunction against a strike has been issued shall be fined $10. Each day of continued violation constitutes a separate offense. After the injunction has been issued, any municipal employee who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the municipal employer. The court shall order that any fine imposed under this subdivision be paid by means of a salary deduction at a rate to be determined by the court.

The Madison School District thought that these sections of law applied. They filed suit on Friday, in Dane County Circuit Court, to have the work stoppage declared a strike and to get an injunction against the strike. MTI, the local union, did argue that the stoppage wasn’t a strike.

In court, MTI lawyer Lester Pines argued it was not a strike because the union made no demands against the district, a requirement for a strike under state law.

Instead, he said, teachers were exercising their First Amendment right to express their feelings about Gov. Scott Walker’s plan to limit collective bargaining.

“To do so they may be subjecting themselves to discipline, to having their pay docked, but they are making that choice individually,” Pines argued.

A hearing was scheduled for Monday morning but it was canceled / postponed when the teachers indicated that they would return to work on Tuesday.

I’m forced to agree that the teachers weren’t technically striking, since they were protesting the actions of the State not the actions of the Madison School District. Morally, I believe the unions did engage in a strike. It didn’t, quite, meet the legal definition of a strike but it came right up to the boundary. The State doesn’t directly employ teachers but it does set the overall policy and rules for how school districts employ teachers. Thus, I think of the State as a related employer (a grandparent employer?). The arguments presented during the last 6 days of protest certainly sound like the arguments that striking employees would make against an employer. These demonstrations were done for the purpose of demonstrating the unions’ power and attempting to force the government — at all levels — to agree to their demands.

I do believe the individual teachers are guilty of violating 111.70(3)(b)4. They’re only innocent of violations to 111.06(2)(e) because their demonstrations were against the State instead of the municipal government.

So, I was wrong. Legally, the unions are clear. The individual teachers are guilty only of violating their own collective bargaining agreement.

It’s an arrangement that gives State and local lawmakers the thrill of spending without the pain of actually, themselves, being responsible for taxing that much out of their residents.

It’s an arrangement that does have some downsides. The biggest is the complete lack of local control. Remember the golden rule: he who has the gold makes the rules. A local Madison neighborhood is finding that out the hard way.

The pedestrian walkway under University Avenue at Spring Harbor Drive may be old and spooky. But school and neighborhood officials say it’s necessary to keep kids and residents safe when they cross that roadway, where drivers routinely exceed the posted 35 mph speed limit.

Now they’re worried that plans for a $7 million reconstruction of 1.9 miles of the avenue — from North Segoe Road in Madison to Allen Boulevard in Middleton — next year don’t include re-building the tunnel.

… Madison officials say it would cost $1 million just to build a new tunnel because federal laws would require it to be accessible for people with physical handicaps — unlike the current walkway — and so far the money isn’t available.

City officials say they’d love to make the passage’s users happy, and staff engineer Christy Bachmann said the city has applied several times for federal money to redo the tunnel, but the project always ranks low and loses out on the grants. Ald. Mark Clear, whose 19th District includes the underpass, said the city has to do something with the passage come next spring.

“Because the reconstruction project is federally funded, they require that the pedestrian underpass at University Avenue and Spring Harbor Drive be brought into ADA compliance or removed,” Clear said, referring to the federal Americans with Disabilities Act.

Glen Yoerger, an engineer for the city of Madison, said the reconstruction of the street, 80 percent of which will be paid for with federal funds with the remainder coming from local funds, will install curb and gutters and medians where needed along University Avenue, among other improvements.

Well, better luck next time kids. Your Aldermen, County Board members, state Assemblymen, state Senators, and Governor long ago gave up the right to actually govern this state. As a result, they’re powerless to help you now.

Speaking personally, I’d love to see a State legislature and a State governor stand up to the Feds and fight to keep tax dollars. Then, take responsibility for collecting the money for local needs and spending the money in a way that will best serve local needs. The Feds are never going to be as good at knowing what your State needs as you. Quit dodging responsibility and start doing your jobs.

The primary reason it’s so hard to find care for infants is because of a state mandated caregiver-child ratio that requires one provider for every four babies or toddlers under age 2. Ratios increase according to the age of the child. For example, the ratio is 1 caregiver for every 13 children for 4- and 5-year-olds. So, the staffing costs for infants can be more than triple what they are for older children.

Most child care centers don’t offer infant care, in part because of financial reasons. “Not to sound cold, but they don’t make money on infants because the ratio is so small,” says Jody Bartnick, the executive director of Community Coordinated Child Care, a children’s advocacy organization commonly referred to as 4-C. Stricter regulations add costs, she said. Infant rooms require their own sink, their own refrigerator and other equipment.

And when those costs are passed on to consumers, they are significant for most household budgets.

4-C numbers show that the average weekly cost of infant care in Dane County as of March 2008 was $245 in a family child care center and $275 at a group center. For preschool care, the number drops to about $220 at both types of centers. At those rates, child care can cost between $11,000 and $14,000 a year — compared with about $7,300 for in-state tuition at UW-Madison.

In the name of making day care safer, they’ve actually made day care nearly impossible to get. And, when you can get it, it’s astronomically expensive. For an area that prides itself on its progressivism, this sounds pretty regressive to me.

Of course, they’ll redeem themselves by attempting to raise my taxes so they can turn around and subsidize child care for someone else. The obvious solution — deregulate the market — would never occur to them.

You’re doing a heckuva job, Jimmy Doyle.

Jodi and Brian Bubenzer describe themselves as “homesteaders” who try to produce all their own food, even though nothing in their suburban childhoods prepared them for this existence. They knew nothing about farming until five years ago, when they bought a farm outside New Glarus. And while adapting to their new Green Acres lifestyle, they’ve both maintained jobs in Madison and home-schooled their four sons.

My main exposure to farming is the “Little House” series of books. Technology has a come a long way since then and farming doesn’t require quite as much manual labor as it used to. But, still, isn’t it a full time job?

How does one home school, farm, and work two “regular” jobs? That sounds like working four full time jobs.

The signs say “Immigrants Welcome” printed in English, Hmong and Spanish. The word “Welcome” also is handwritten in six languages: English, Hmong, Spanish, Norwegian, German and Arabic, by members of immigrant families in Wisconsin.

“We’ve heard a lot of angry anti-immigrant sentiment. We’re glad to be giving people an opportunity to express welcome and love to immigrants,” said Janet Parker, co-chairwoman of Wisconsin Network for Peace and Justice.

Well, they sound like hippies, but at least I can agree with the message. I like immigrants and I’m glad that they see the United States as a good place to live and work. We must be doing something right.

Then I read down a bit further:

Parker said her group supports the work of immigrant rights groups like the Workers’ Rights Center and Immigrant Workers’ Union in Madison and Voces de la Frontera in Milwaukee.

“We see the war in Iraq as intrinsically tied to the war against immigrants,” Parker said. “At the core, they are both about racism.”

Ah, no. No, no, no. The war in Iraq has nothing to do with racism. Anyone who sincerely holds that opinion has tapioca between their ears. Also, Voces de la Frontera is a bit of an unsavory group.

As reported earlier members of Voces de la Frontera violated the home of State Senator Cathy Stepp last night shouting and attempting to intimidate her into signing driver license legislation for illegal immigrants.

I took the following from their website:

Description of Agency/Activities: Voces de la Frontera is a low-wage and immigrant worker’s center that opened in Nov. 2001. The center was created to respond to the immediate problems low-wage immigrant workers face. The center provides a legal clinic where workers can obtain free legal advice about labor and civil rights, as well as ongoing English language and citizenship classes. The agency provides classes to train workers and other immigrants about discrimination, OSHA regulations, labor laws, worker’s compensation, legalization and work visas, and more day-to-day topics such as how to obtain a driver’s license, how to buy a house, and how to fill out taxes and open bank accounts. Ongoing campaigns include legalization and access to higher education for immigrant students.

Notice any trend there? All kinds of training on how to get government cash and sue people, nothing on job training or English language courses or fitting into society.

Don’t expect to find one of those yard signs in my lawn. Not if buying the sign means supporting groups like Voces de la Frontera.

Eventually, Olson said he put up $2 million and got financing from Anchor Bank and First Business Bank, spending an average $250,000 per property and about $130,000 in each to convert them. The project, he said, was a good use of his compensation money while making a profit.

The condo units got new carpets, doors, Italian tile floors, stainless steel appliances, bathroom fixtures, new or refurbished cabinets and more. The building mechanicals and plumbing got updated. Those on Carling Drive also received new windows, siding, gutters and decks.

“We didn ‘t just paint the walls and clean them up and call them condos,” Malin said.

“It’s something anybody would be proud to live in,” Olson said.

Condos sell at $59,900 for a one bedroom, $69,900 to 74,900 for two bedrooms, and $89,000 to $99,900 for three bedrooms.

Olson spent an average of $380,000 per condo, to put them on the market. The most expensive one sells for $99,900. Where’s the other $281,100? Is Olson taking a loss on these or is the city of Madison?

Including today’s snow, it is the 37th time in the last 67 days — since Dec. 1 — Madison has seen measurable snowfall, according to weather service data.

Madison’s normal winter snow total is about 49 inches, Kuhlman said, but the city is already well above that average with about 60 inches of snow through midnight. The storm could push Madison to within inches of the snowfall record of 76.1 inches set in 1978-79.

You know, snow stopped being fun somewhere around December 5th. I move that we move immediately to Spring. I further move that we proceed immediately to global warming. The world’s climate is obviously not warm enough yet. Can I get a second?

16:30 – Leave the office for my car.

16:40 – Finish digging my car out of its parking spot and leave the office building.

17:23 – Arrive home. The roads are mostly empty. Apparently, the vast majority of Madison heeded the media warnings and stayed off of the roads. Driving down 14-South, to Oregon, a few jerks with four wheel drive pass me on the left. I am driving slowly, to avoid careening off the road into a snow drift. They are not satisfied with my 35 mph progress and pass with only 12 inches of clearance. I want to report them for reckless driving, but snow covers their license plates.

17:30 – Start moving the snow off of the driveway, so I can park my car. The snow-plow-provided drift at the end of the driveway is more than 2 feet deep. The snow thrower gives up in despair. I almost do too. But I won’t. I persevere and clear a space just wide enough for my car to slip through.

18:40 -Finish clearing the driveway, sidewalk, and path to the front door.

18:55 -Get dressed, after a warm shower. My lips no longer feel numb!

There you have. Two and a half hours to drive home and get into the driveway. This is just too much snow for this Southern boy. I’m getting more and more tempted to just move to Tennessee.

The city of Madison, enamored of bans on everything from smoking to phosphorus fertilizers, may be setting its regulatory sights on another target — plastic.

In coming months, the city’s Commission on the Environment is likely to begin discussing bans on the sale of bottled water at public events and the use of plastic grocery bags.

Jon Standridge, chairman of the commission, said members voted unanimously at the end of last year to place both items on upcoming agendas.

“Each year toward the end of the calendar year we sit down and talk about what people are interested in,” Standridge said. “We ask if something is an environmental problem and if it is worth taking up. And if it is worth taking up, is there something we can do?”

…

Regardless of what happens, Dreckmann said, discussion of the issue is important because it will make people more aware.

“Whether or not we actually do something about it, it’s just good to raise the consciousness of people, to have them think about the environmental consequences of drinking bottled water instead of just turning the tap.”

If water bottles are really, truly a problem let’s fix the problem. Calculate how much they add to the cost of the city’s garbage costs. Count how many of them are sold in the city. Put a city tax on each water bottle sold, equal to the disposal cost. In other words, put a price on the damage that the water bottles are doing. Then, let consumers decide whether or not they want to pay that price.

Maybe a per-bottle trash tax isn’t the best way to pass the cost along to the consumers. But it’s a better way than simply banning the bottles and leaving consumers no choice at all. Why is the Madison city government so opposed to choice and freedom?

Yawn. Give me a call when Madison high school students rally in support of free trade, in support of the rights of the unborn, in support of lower taxes and fewer government handouts, in opposition to “An Inconvenient Truth”, or anything else that might actually hurt their popularity.

Jai Kellum stands — stunned yet smiling — in front of a channel of dirty water, as she describes the catastrophe that destroyed Avalanche Organic farm, which she owns with her partner, Joel Kellum.

The smile, like the voice — sing-song, almost laughing — is deceptive, because the words she uses in this video are not happy ones. The nine-minute production, “Flooded Midwest Organic Farms,” by Madison filmmakers Gretta Wing Miller and Aarick Beher, is making the rounds on the Internet.

Miller, who made a much-admired documentary film on Wisconsin organic farms two years ago, made this short followup after the floods of August turned a season of plenty into a season of survival. The video is featured extensively in a large fundraising effort, Sow the Seeds Fund, which will be used to help organic farmers.

Miller, a Madison filmmaker since 1994, became familiar with the farmers in the Viroqua, Gays Mills and Soldier ‘s Grove area in southwestern Wisconsin from her earlier documentary, “Back to the Land … Again,” and because her brother, Jeff, lives in Viroqua.

“We got to know all those farms back then, and after the rains we heard everything was washed away, ” she said. “People couldn ‘t get out of their farm yards, driveways were gone.

“So a week ago we just grabbed our camera and went out there, just showed up at Avalanche Organics. We were horrified. Here was this beautiful farm we had spent months at shooting over and over again for two summers … “

Jai Kellum had, coincidentally, started filming activity on the farm earlier, so the video features some sad before-and-after views of the farm, which is not in Avalanche but in rural Viola along Highway 131, about 80 miles northwest of Madison.

Avalanche is a major supplier of salad greens to the Willy Street Co-op in Madison, and Miller wasn ‘t sure the co-op’s customers were aware of the scope of the flood damage. The disaster caused ruin in one of the nation ‘s biggest collections of certified organic farms.

Most also run fully subscribed Community Supported Agriculture (CSA) programs, a popular feature in the Madison area in which customers buy shares in a farmer ‘s harvest and get boxes of produce every week or two.