Wisconsin Appeals Court Upholds Anti-Union Law

An appeals court in Wisconsin has reinstated a 2011 law that eliminates collective bargaining rights for many public workers. This decision is a disappointment for unions and public employees in the state. Unions are anticipated to appeal to the Wisconsin Supreme Court, which currently has a liberal majority.

The initial 2024 ruling that described the law as unconstitutional was pending appeal, so the reversal does not alter the current status. The law, known as Act 10, remains effective as it has been for the past 15 years, while legal challenges continue.

Originally enacted in 2011, Act 10 led to significant protests throughout Wisconsin as it severely restricted the ability of public employees to negotiate for wage increases and other employment matters. It also required them to contribute more towards health insurance and retirement benefits. Supporters argue the law empowers local governments to manage costs effectively, whereas opponents claim it diminishes the rights of employees to negotiate fair pay and working conditions.

Christina Brey, a representative for the unions that filed the lawsuit, stated that they remain confident in their case and are evaluating all possible options. “Wisconsin is better when all employees have a say in our workplaces, whether about class sizes in our schools, safety on the job, hours or any other number of areas,” Brey mentioned. She emphasized that public service workers in Wisconsin will continue advocating for full collective bargaining rights.

Former Governor Scott Walker, a Republican who promoted the enactment of the law, praised the court’s decision. “This ruling is a significant victory for the hard-working taxpayers of Wisconsin and the officials they elect to manage schools and government entities,” Walker expressed in a message.

This issue continues to influence political campaigns. All five Democratic candidates for governor have pledged to repeal Act 10 if elected. The upcoming primary is slated for August 11.

The law had been a pivotal achievement for Walker, boosting his political profile nationally, although efforts to recall him failed. Subsequent attempts to challenge the law through legal avenues have persisted, despite its uneven effects on collective bargaining rights. The law has faced numerous legal contests but remained intact due to prior conservative judicial support.

The latest lawsuit, initiated by seven unions and three union leaders, claimed that Act 10 is unconstitutional as it exempts firefighters and some public safety officials. Lawyers for the Legislature argued these exemptions are lawful.

The appeals court observed that a similar argument was dismissed by the Wisconsin Supreme Court in 2014, suggesting that only the court’s composition has changed since.

The three-judge panel ruled 2-1 to overturn a previous decision by Dane County Circuit Judge Jacob Frost, stating the law does not clash with the Wisconsin Constitution’s equal protection clause. The court remarked that the Legislature had a logical basis for distinguishing specific public safety roles under the law.

Appeals Court Judge Shelley Grogan criticized the timing of the lawsuit, describing the effort to have the law re-evaluated due to the Supreme Court’s shifted liberal majority as dubious. Judge Lisa Neubauer, the panel’s single liberal member, dissented, claiming the Legislature made “arbitrary and irrational distinctions” regarding collective bargaining rights for various public employees.