The Wisconsin appeals court reinstated a 2011 anti-union law on Wednesday, revoking previously accorded collective bargaining rights. This serves as a significant blow to unions and public workers.
Unions are anticipated to contest this decision, elevating the case to the Wisconsin Supreme Court, now under liberal control. An earlier ruling from 2024 deemed the law unconstitutional but was delayed pending an appeal. Therefore, this latest decision leaves the status quo unchanged. The law has been active for the last 15 years amid ongoing legal challenges.
The enactment of the 2011 law, endorsed by Republicans, spurred extensive protests, placing Wisconsin at the heart of national debates on union rights. Known as Act 10, this law severely curtailed public employees’ capabilities to negotiate wage increments and mandated higher contributions towards health and retirement benefits.
Arguments For and Against the Law
Proponents of Act 10 maintain that it grants local governments greater control over employees, promoting cost efficiency. They contend that revoking this law would financially strain schools and local government entities, who can collect additional funds through increased employee contributions toward benefits.
Conversely, opponents argue that the law’s impact has been detrimental to schools and government bodies by eliminating collective bargaining rights concerning pay and work conditions. Christina Brey, a spokesperson for the unions involved in the lawsuit, expressed confidence in their legal stance and highlighted the unions’ ongoing efforts towards reinstating full collective bargaining rights for public employees.
“Wisconsin is better when all employees have a say in our workplaces,” Brey remarked, emphasizing areas like class sizes, workplace safety, and working hours.
Former Governor Scott Walker, a strong advocate of the law, lauded the court’s decision: “This ruling is a major win for the hard-working taxpayers of Wisconsin and the people they elect to run our schools, state, and local governments,” Walker conveyed through a text.
In the political realm, all Democratic gubernatorial candidates pledge to rescind the law if elected. Wisconsin’s gubernatorial primary is scheduled for August 11.
Historical Context and Legal Challenges
The introduction of Act 10 was marked by large-scale protests, drawing crowds of up to 100,000 people to the state Capitol. The law restricted collective bargaining to base wage increases not surpassing inflation rates and ended automatic union dues withdrawals. It also necessitated annual union recertification votes and increased employee contributions for insurance and retirement benefits, which led to a sharp decline in union membership across the state.
Despite facing multiple legal obstacles over the years, this recent case marks the first litigation following the shift to a liberal-majority Wisconsin Supreme Court in 2023. The lawsuit, initiated by seven unions and three union leaders, claimed Act 10 introduced unconstitutional exemptions for specific public safety workers. Meanwhile, attorneys representing the Legislature and state agencies contended that these exemptions were legal and previously upheld, urging the case’s dismissal.
The Legislature noted that similar arguments were dismissed by the state Supreme Court in 2014, with the only change since being the court’s altered composition.
Appeals Court Decision and Opinions
The appeals court’s three-judge panel overturned a December 2024 decision by Dane County Circuit Judge Jacob Frost. They argued that the contested aspects of the law did not breach Wisconsin’s constitutional equal protection guarantees. The lower court lacked a legal premise to invalidate the law, according to the appeals court.
Judges emphasized the importance of respecting both judicial precedents and legislative fiscal policy decisions. Appeals Court Judge Shelley Grogan, in a concurring opinion, criticized the lawsuit’s timing, filed shortly after the Wisconsin Supreme Court’s ideological shift.
“A law’s constitutionality does not ebb and flow with a court’s composition, and the judicial branch must not be used to advance political agendas on either side of the political spectrum,”she stated.
Liberal Appeals Court Judge Lisa Neubauer dissented, asserting that the Legislature’s approach unfairly withdrew bargaining rights from some public employees, making “arbitrary and irrational distinctions.”
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