A Wisconsin appeals court on Wednesday reinstated a 2011 anti-union law that abolished collective bargaining rights for most public employees, delivering a setback to unions that had seen a lower court strike down the legislation as unconstitutional. Unions are expected to appeal the decision to the Wisconsin Supreme Court, which now has a liberal majority.
The 2024 ruling that had declared the law unconstitutional had been placed on hold pending appeal. Wednesday's reversal means the law, known as Act 10, remains in effect as it has for the past 15 years while the legal battle continues.
Enactment of Act 10 in 2011, championed by Republicans, ignited weeks of protests and positioned Wisconsin at the center of a national debate over union rights. The law significantly limited the ability of public employees to negotiate for wage increases and other benefits, while also requiring them to contribute more toward health insurance and retirement.
Supporters of the law contend it provides local governments with greater control over workers and the necessary powers to reduce costs. They argue that repealing the law, which allowed for increased employee contributions to cover benefit costs, could lead to fiscal instability for public entities.
Opponents, however, maintain that the law has been detrimental to schools and government agencies by removing public employees' right to collectively bargain over pay and working conditions. Christina Brey, a spokesperson for the unions involved in the lawsuit, expressed confidence in the case's merits and stated that they are exploring all available 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 said. "Public service workers across the state won’t stop until we regain free, fair and full collective bargaining rights to negotiate with our employers."
Former Republican Governor Scott Walker, who introduced and advocated for Act 10, praised the appeals 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 said.
Act 10 was a signature legislative achievement for Walker, boosting his national political profile and leading to an unsuccessful recall attempt against him. He later made a brief presidential run, which concluded in 2015.
The Republican-controlled Legislature passed the law despite widespread protests that lasted for weeks and drew an estimated 100,000 people to the state Capitol.
The law effectively ended collective bargaining for most public unions, permitting negotiations only over base wage increases tied to inflation. It also prohibited the automatic deduction of union dues, mandated annual recertification votes for unions, and required public workers to increase their contributions to health insurance and retirement benefits, leading to a significant decline in union membership across Wisconsin.
While Act 10 has faced numerous legal challenges throughout the years, this is the first since the Wisconsin Supreme Court shifted to liberal control in 2023.
The lawsuit, filed by seven unions and three union leaders, argued that Act 10 should be invalidated due to what they claim are unconstitutional exemptions for firefighters and other public safety workers. Attorneys representing the Legislature and state agencies countered that these exemptions are lawful, have been previously upheld by courts, and that the case should be dismissed.
According to court filings by the Legislature, the arguments presented in the current case were rejected by the state Supreme Court in 2014. The only significant change since that ruling, the Legislature's attorneys argued, is the composition of the Wisconsin Supreme Court.
The three-judge appeals court panel, in a 2-1 decision, overturned a December 2024 ruling by Dane County Circuit Judge Jacob Frost. The majority opinion stated that the challenged provisions of Act 10 did not violate the equal protection clauses of the Wisconsin Constitution. The appeals court concluded that the lower court "had no legal basis" to declare the law unconstitutional.
The appeals court also found that the Wisconsin Legislature had a "rational basis" for applying the law differently to certain public safety workers. "Courts must respect both precedent and our role in deferring to the Legislature’s fiscal policy decisions," the appeals court stated.
Appeals Court Judge Shelley Grogan, in a concurring opinion, described the timing of the lawsuit as "suspect." The suit was filed in November 2023, three months after the Wisconsin Supreme Court's ideological balance shifted from conservative to liberal control. "Renewed attempts to attack Act 10 on already-rejected bases simply because the composition of our supreme court has changed must be rejected," Grogan wrote. "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."
Appeals Court Judge Lisa Neubauer, the sole liberal judge on the panel, dissented, asserting that the lower court's ruling was correct. She argued that the Legislature created "arbitrary and irrational distinctions" by removing collective bargaining rights from some public employees while not others.