HUGE VICTORY FOR WISCONSIN WORKERS, MILWAUKEEANS RALLY

State Legislature Seeking to Overturn Paid Sick Day Ordinance Approved by Voters, Courts

MILWAUKEE—Following this morning’s historic Wisconsin Court of Appeals decision to uphold the Milwaukee’s paid sick day ordinance, a broad coalition of Milwaukee Alders, working people, health care advocates and good governance groups rallied at City Hall. The group gathered to call on the State Legislature to halt efforts to preempt the city’s law and to respect the court’s decision and the votes of nearly 70% of the Milwaukee electorate who approved the groundbreaking law. The court’s historic ruling lifts a two-year injunction that has halted implementation of the paid sick day law.

“Milwaukeeans have made their decision on paid sick days, and now the courts have upheld their vote,” said Dana Schultz, Lead Organizer for 9to5, the National Association of Working Women. “The State Legislature should not be trying to rob voters in Milwaukee and cities across the state of their basic right to local decision-making on sick days or any other laws.”

“Wisconsin courts are making decisions to protect working families and voters,” said Schultz. “It’s time for the State Legislature to stop its attacks on hard-working families and get to work on policies that will help create jobs and grow our economy.”

The group called on state Assembly Members to vote against the bill that would strip local municipalities of some of their legislative power. The Sick Days Scam (AB41) would preempt local governments and voters from enacting the Milwaukee paid sick day legislation, and in doing so, open the door for the State Legislature to overturn a range of legislation passed in towns and cities throughout Wisconsin. The state Senate already passed the bill with no debate when the Democratic senators were still absent in early March.

“This bill is inconsistent with Wisconsin’s tradition of local municipalities having discretion, whether through direct legislation or their own power, to shape these matters,” said Kathleen Dolan, Professor of Political Science at the University of Wisconsin-Milwaukee. “It is also inconsistent with the Republican ideology that says, ‘Leave the states alone, one size does not fit all, top down is not always the best thing.’ Here they are trying to impose a position on localities who may want to determine their own needs.”

Wisconsin has a rich history of local governance, in which municipalities enact legislation that best meets the needs of their communities. In 2008, nearly 70% of Milwaukee voters approved a law to provide paid sick days for workers in the city. The law would provide 120,000 Milwaukee families who do not have paid sick days of the freedom to take care of ill family members without fear of losing their jobs or a paycheck.

“The voters spoke in 2008. The court has now spoken,” said James H. Hall, Jr., President of the NAACP Milwaukee Branch. “From the beginning, NAACP Milwaukee Branch has supported this measure which clearly benefits working people and citizens of Milwaukee. NAACP will continue to support workers’ rights and vigorously oppose other measures that undercut the rights of all citizens of Milwaukee.”

New research on paid sick day laws in other cities shows significant benefits for workers and minimal impact on businesses. A study last month of San Francisco’s paid sick days law shows business concerns about job loss were unfounded, with six in seven employers saying that paid sick days have had no negative effect on profitability and two-thirds of employers surveyed supporting the law. Other studies have shown that employees are healthier and more productive when they have access to paid sick days.

“Providing paid sick days helps workers keep their jobs,” said Amy L. Kirkland, RN and President of Nurses & Medical Staffing, Inc. “That’s good for business owners, saves us money in turnover and health care costs, and boosts productivity.”

The Court of Appeal’s decision lifts a two-year injunction that has halted implementation of the paid sick day law. Before the law could be implemented, the Metropolitan Milwaukee Association of Commerce (MMAC) had filed suit against the City of Milwaukee challenging the constitutionality of the ordinance. 9to5, National Association of Working Women intervened in the case and continued to defend the ordinance through the state court system.

During the rally, a number of working people spoke about the need for paid sick days. Rhonda Willette, an organizer at 9to5 Wisconsin, shared her daughter’s story. “At eight months pregnant, my daughter had an asthma attack. When she returned to work three days later with a medical statement, she was fired. She hadn’t been there long enough to qualify for FMLA. No one would hire her at eight months pregnant, and she became homeless.”

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9to5 Milwaukee is a diverse, membership-based grassroots organization that strengthens the ability of low wage women to win economic justice. It has been the lead group in the broad-based Milwaukee Paid Sick Days Coalition. For more information, visit www.9to5milwaukee.org.

9to5 Colorado Disappointed by Judge's Decision on Paid Sick Days

Last November, 70% of voters in Milwaukee voted "YES" to a binding referendum, which would guarantee paid sick days for every worker in the city. But today, Judge Thomas Cooper ruled that because of a single provision, the paid sick days ordinance cannot be implemented.

But Amy Stear, Wisconsin Director of 9to5, said the judge's ruling will not stop paid sick days from becoming the law of the land.

“While we are disappointed that Judge Cooper did not uphold the ordinance, we think higher courts will strike down the narrow grounds on which he based his ruling. We are deeply concerned about the 122,000 Milwaukeeans without paid sick days and their children. For them, justice delayed could have serious economic and health consequences. This delay is especially harmful given the current H1N1 pandemic, the potential that the flu will be even worse in the fall, and the continuing increase in instances of domestic violence.”

Stear pointed out that Judge Cooper agreed with almost all of the legal arguments made by the City and by attorneys for 9to5, which was granted intervenor status in the case. “Corporate lobbyists lost in the voting booth and tried to undermine democracy by blocking implementation of this ordinance,” she said. “Ultimately, they will not be able to stop the will of the people.”

What is the one provision Jude Cooper ruled unacceptable? He found that the ordinance exceeded the City’s police powers with regard to providing use of sick time for relocation and legal action for victims of domestic violence. What is most troubling about this decision is that he could have simply severed this one provision and upheld the ordinance without it. Though important, the ordinance stands on its own without that provision, and the will of the people would've been upheld.

Stear said 9to5 will appeal the decision. “We trust that the City will join us in the appeal, given that they have taken a strong position on the particular legal grounds Judge Cooper has ruled on here.”

The Paid Sick Days Ordinance in Milwaukee created a basic labor standard for workers and their families. Given these tough economic times, and the many public health challenges that face this nation, now is the time for paid sick days. We MUST fight to uphold the will of the people and do what is right for the citizens of Milwaukee, which, not coincidentally, has the highest number of documented cases of H1N1 swine flu in the country.

Click here to show your support for Milwaukee paid sick days by voting "NO" in the poll.