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Judge Andrew Napolitano discusses the legal ramifications of the Wisconsin and California election results. The Judge says the Unions will not give up...
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So yeah -- -- distorting and Wear cotton about the recall of course Governor Walker that failed and not only that but also the the fact that the unions picked a fight.
With Governor Walker in Wisconsin and in California the people picked a fight with the pension costs for the public employees in the city of San Jose and also the city of San Diego two different measures.
But in both cases the unions lost big time and judge judge judge in Apollo Apollo.
Is is a -- is now because the union said they're going to sue which I would.
Certainly find no surprise do they have any merit.
Well in California they do depending upon how the the new legislation.
This is gonna apply.
As you know great native Californian that you are it's one of the few states in the union where the people on and -- election.
Can legislate.
And they -- -- but they get turned with a lot of those propositions that judges say we're not gonna rule on the constitutionality before the people have a chance to to save what they wanna say.
And then afterwards how many times -- -- people were overturned.
Because who will of the people cannot interfere with certain fundamental rights and we can of the material that journey in the majority -- if for example.
Can we talk with the peace in the San Jose because that's the one that I've studied it's about twenty stages and it's much more or.
A dramatic -- and it doesn't San Diego yes it is it does not affect people currently on pensions except to.
Remove their colas the cost of living increase is now the courts have ruled that cost of living increases and not a part of the pension.
But they are an additional benefit given to you by Euro -- government or or the pension fund.
So under fell under the federal law that prohibits interfering with a pension wants the money has started even after OJ Simpson.
In jail for our armed kidnapping -- -- that your pension from the NFL.
A pension can't be interfered with but a cola can.
-- to the extent that this legislation stops the cost of living increases it ought to be found.
Constitutional by the courts that's an easy one are -- the more complicated one.
City of San Jose is entered into collective bargaining unit.
With -- it's a unionized employees.
Police fire sanitation and EMS.
School employees teachers janitors -- and etc.
right.
The people at an election and cannot interfere with that contract.
They can direct the government what to do the next time it negotiates a contract.
But the contract currently in existence.
Must stay in existence until it expires at its own term other by its own terms otherwise.
Either -- The contracts clause of the constitution.
Which prohibits state governments and those government's -- to the states from interfering with contracts or beat.
The city itself would breach its own contract by suddenly not complying.
We went around a little bit about this with the city of Stockton which by the way has already there they're just a couple weeks now way they've they've put everything in motion to file for bankruptcy.
That lead -- biggest municipal bankruptcy in the country for it but.
Because -- that Alabama county as well that's right -- in -- Right that's because every city in California is bigger than in -- and Alabama and I'm saying that -- deference and respect to my friends and -- Of course but but you're right but but here you have in the city of Stockton.
They got into a tiff with their police union music story about that and in the fact that.
The union won because of again contracts.
Right but the city was saying wait a minute we what we're we're -- -- a fiscal emergency.
Which means we -- -- up contracts and they lost in court.
What the city should lose in court let me take you to my home state.
What Governor Christie did.
Two forests.
In the state employees unionize the non unionized to pay a substantial portion of the -- Health insurance and pensions -- was at the end of a contract period he didn't interfere with a contract already existing.
He got legislation to change the next and -- contract we -- -- California followed the Governor Christie model.
They remove the litigation they removed the basis for the union challenge of this.
Which four people -- familiar with the New Jersey situation Governor Christie and Jim Sweeney is it's -- anyway the -- that of the head of out of a labor usually sweaty Rex gives the president of the state senate.
And and the head of -- I forget it but it doesn't major rain delay -- -- -- -- -- in the in New Jersey got it together and agree that this they came to an agreement that's where there were some leadership correct however in California one of the things about the San Jose proposition.
Was you know the employee of San Jose.
You -- can keep your pension we're not gonna mess with that we're gonna stay with the -- but you have to pay a whole bunch more of your portion.
Which Europe.
My question then is does that change the country.
Yes it does if you take money away from people in voluntarily.
Unless the contract -- authorizes you to make this change which could be a bizarre contract and candidly -- I haven't read it.
Then you're you're changing the terms of the contract the other if if if you -- -- a simple contract.
And one of -- breaches the other one can go to court either for the financial worth of the breach or four specific performance.
He gets a little -- here doesn't it because they said or ball UPMR.
Employee you -- Whether -- not to keep your current -- to keep the current pension but pay more.
Or have.
Not so great pension and but it won't cost you want anymore.
If if the right of the government to do that is in the contract and I highly doubt that it is.
Because it's just too much leeway for one side to give to the other but if -- were in there than this would be lawful if it's if the government wants to do it now.
Because of the referendum that passed yesterday it violates the contract clause of the constitution.
And a -- and -- -- the contract basic California.
Contra.
You know so in many contracts.
There's always the last paragraph has put in that says if any part of this contract is still to be invalid the rest of it shall stay in force.
Is that typical in.
Labor contracts forum -- -- The whole apart you're talking about could be could be added that I held by the courts to be 08 but the rest of this proposition.
Not all right.
Surety answer your question is yes it is typical of labor contracts because remember these contracts govern many many things but it in addition to compensation.
The governor a lot of of work -- and things like that aren't so that tinkering with the compensation portion.
I'm sure you've seen a collective bargaining contract.
They give them out to members of the labor union looks like a paperback book.
You know if it's -- and -- a lot of it certainly hundreds of patrons that's why there's a clause in there because of the entire contract were invalidated.
Because of a breach of one clause.
It would it would it would deny the people of the state the services that those employees are supposed to provide some of which are life -- While then.
Let's assume then they go to court they're successful insane way to make you've changed our contract -- Then the only thing that you'll mr.
mayor would be able to do is.
Renegotiate the contract with -- lot more leverage knowing that the people the taxpayers are not happy and or start handing out peninsula.
-- renegotiate the contract when the present one has expired.
And renegotiated shortly before it does but you can't change the present -- correct or give out pink slips.
In which case.
It is probably the voters themselves -- will suffer.
Because a pink slip equals.
For every pink -- given out there's one fewer person to perform governmental services which William yeah welfare state in which we live have grown accustomed to.
I got an email from a from an old friend of mine Bob in the media he sends me these notes every hour or so off I don't get a chance respond -- -- -- -- police and don't forget about -- and about the air traffic controllers in the fact that everybody's thought we couldn't do without air traffic controllers and President Reagan fired the -- well.
That is it is an excellent observation but it's apples and oranges.
Because that is.
It is against the law to strike the federal -- yes Ronald Reagan had every lawful authority to fire.
Did but the but the bottom line is the fact that there were no airplanes -- crashed.
Correct people had a little inconvenience for awhile but but the system was operating with of -- And doing away with public servants in other words is something that I don't find that it.
We'll have going to be with you and that I mean will.
What entity.
Is less efficient in the delivery of goods and the government I can think of one and -- And that's not because of -- hard working public servants really it's because of bureaucracy and idiotic rules and collective bargaining agreements and that really prevent public servants from operating the way they would if they -- for profit making business.
It's gonna be the -- and watch the San Jose case particularly because of New Hampshire going to -- soon you'll be the expert on a mystery than the resident California.
At fox and I don't know if you live I'm not sure that's good or not you are mr.
California that's clever web Barney's not allowed us to -- that's right I might surf board in here I got my hot double over in the corner again hundred Apollo Donald always great to see you thank you so I'm sure that -- -- --
