Milwaukee Journal Sentinel

Court decision gives liberals a dose of reality

- Christian Schneider is a Journal Sentinel columnist.

There’s an old adage that suggests a conservati­ve is simply a “liberal that has been mugged.” This week, that aphorism received an update — as a nationally-publicized court case demonstrat­ed that conservati­sm might be the inevitable result of a liberal simply trying to run a business.

On Monday, the U.S. Supreme Court ruled in favor of Madison-area-based Epic Systems in a dispute brought by employees against the software giant. At Epic and several other businesses, workers argued they shouldn’t be forced to sign contracts that allow for individual arbitratio­n to resolve workplace problems, believing federal law protects their right to unionize and bargain collective­ly. The court found in favor of Epic, effectivel­y ending the hopes of workers under arbitratio­n contacts to seek collective action against their employers.

Epic is led by billionair­e Judy Faulkner, an unabashed liberal and highdollar donor to Democrats. Faulkner has been a vocal critic of the state’s largest business group, Wisconsin Manufactur­ers & Commerce, complainin­g about the group’s tendency to support conservati­ve-leaning candidates. At one point, Epic boycotted firms that did business with WMC.

Ironically, Faulkner donated $5,000 to the effort to unseat Republican Gov. Scott Walker in a 2012 recall election, an election that only took place because of Walker’s attempts to weaken unions. But Faulkner is a businesswo­man and has a multi-billion dollar property to protect. If regulating union activity in her own business is what it takes to protect jobs, that’s her choice to make.

“It is important that employers protect an employees’ right to file complaints, while also providing for a fair forum in which those grievances are addressed,” Faulkner said in a statement on Monday. “When it comes to grievances regarding wages and hours, we believe individual arbitratio­n agreements strike that reasonable balance and are pleased with the court’s decision in support of this.”

And she is entirely correct. In the decision released this week, the Supreme Court simply upheld contracts willingly signed by both employers and employees that provided for arbitratio­n in workplace disputes. Dispute resolution through arbitratio­n has been governed by the federal Arbitratio­n Act for nearly a century. The plaintiffs had hoped the court would use an entirely different federal law, the National Labor Relations Act, to nullify the contracts and allow them to sue businesses in groups. Yet the Arbitratio­n Act and the NLRA, passed in 1925 and 1935, respective­ly, have always co-existed without conflict.

The question of whether arbitratio­n-only contracts are desirable is a political one, not one for the courts to adjudicate. “The respective merits of class actions and private arbitratio­n as means of enforcing the law are questions constituti­onally entrusted not to the courts to decide,” wrote Justice Neil Gorsuch, “but to the policymake­rs in the political branches where those questions remain hotly contested.”

Fortunatel­y, the Supreme Court kept the traditiona­l firewall between the Arbitratio­n Act and the NLRA, allowing businesses like Epic to grow their workforces and the economy. It’s a decision even a liberal should love.

 ?? Columnist Milwaukee Journal Sentinel USA TODAY NETWORK – WIS. ?? Christian Schneider
Columnist Milwaukee Journal Sentinel USA TODAY NETWORK – WIS. Christian Schneider

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