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Letter to the Editor: New collective bargaining legislation in Iowa is Constitutional

Posted: Mon, Feb 20, 2017 10:48 AM

(Thomas Hansen of Decorah has submitted the following Letter to the Editor):

I would like to take this opportunity to address some discrepancies presented by Mr. McCargar in his recent letter
(http://www.decorahnews.com/news-stories/2017/02/15764.html) concerning the constitutionality of the collective bargaining legislation recently passed into law in Des Moines.  Mr. McCargar presents the argument that somehow separating public sector employees into two groups for the purpose of legislation governing them is a violation of the "equal protection" clause of the Iowa Constitution. Nothing could be farther from the truth.

Individuals are classified into groups all the time for the purpose of legislation or to exempt them from it. What determines if these laws are constitutional is not some argument put forth based on emotion but by actual established law. That law states that people may be classified into group so long as those classification are not arbitrary which is defined as a distinction with a difference.

My profession falls under the category of skilled trade which covers a wide range of classifications including electricians, plumbers, carpenters, HVAC  and refrigeration techs, etc. The rules governing us are just as varied. Some require national certification, some State certification, some both and some none. This is because our classifications are non arbitrary the same as the public workers being divided into public safety and non public safety workers.

There is nothing "cynical or shameful" about this"two-tiered" system of public employees anymore than there is about the skilled trades classifications and the legislation enacted under it. It is just the law and as Republicans we are all for following it as well as getting back to a government that operates more in the confines of the Constitution.

As far as Michael Bergan being a "lap dog of the far right fringes of his party," at the recent town hall meeting in Decorah, Kristi Hager mentioned that she had heard from a lot of her constituents on the collective bargaining bill including the "silent majority." This drew laughter from the crowd and a comment of "where are they?"  Well, they showed up at the voting booth last November 8th and gave Michael Bergan and many other Republicans the authority to start changing the system that they were tired of and no longer worked for the citizens of America. Michael Bergan is not a lapdog of the far right, he is our duly elective State Representative and I am glad that he, and others, are finally listening to us."