MADISON, Wis. (AP) — A Wisconsin appeals court on Wednesday overturned a ruling that had restored abolished collective bargaining rights, in a setback for unions and public workers in the state. Unions are expected to appeal, sending the case to the Wisconsin Supreme Court, which is controlled by liberal justices.
The enactment of a 2011 anti-union state law, championed by Republicans, sparked weeks of protests and made Wisconsin the center of a national battle over union rights.
That law, known as Act 10, effectively ended most public employees′ ability to bargain for wage increases and other issues, and forced them to pay more for health insurance and retirement benefits.
Wisconsin court overturns ruling that struck down anti-union law
The state Court of Appeals on Wednesday overturned a December 2024 ruling from Dane County Circuit Judge Jacob Frost striking down the law, which had been on hold pending the appeal.
Supporters of the law say it gives local governments more control over workers and the powers needed to cut costs. They argue that repealing the law, which allowed schools and local governments to raise money through higher employee contributions for benefits, would bankrupt those entities.
Democratic argue the law has hurt schools and government agencies by stripping employees of the right to collectively bargain over pay and working conditions.
All five of the Democratic candidates for governor this year have vowed to repeal the law if elected. The primary is Aug. 11.
Tens of thousands protested the anti-union law at the state Capitol
The law was former Gov. Scott Walker’s signature legislative achievement, catapulting him onto the national political stage and spurring an unsuccessful attempt to recall him from office. Walker used his fights with the unions to mount an ill-fated run for president that ended in 2015, months after it began.
The Republican-controlled Legislature approved the law despite the massive protests that went on for weeks and drew as many as 100,000 people to the state Capitol. The law has withstood numerous legal challenges over the years, but this is the first since the Wisconsin Supreme Court flipped to liberal control in 2023.
The latest lawsuit filed by seven unions and three union leaders argued Act 10 should be struck down because it creates unconstitutional exemptions for firefighters and other public safety workers. Attorneys for the Legislature and state agencies countered that the exemptions are legal, have already been upheld by other courts, and that the case should be dismissed.
The Legislature said in court filings that arguments made in the current case were rejected in 2014 by the state Supreme Court. The only change since that ruling is the makeup of the Wisconsin Supreme Court, attorneys for the Legislature said.
Appeals court agrees with Republicans, questions timing of lawsuit
The three-judge appeals court panel ruled in a 2-1 decision that the challenged provisions of the law did not violate equal protection guarantees of the Wisconsin Constitution.
A lower court was wrong in declaring the law unconstitutional “as it had no legal basis upon which to do so,” the appeals court said.
The Wisconsin Legislature had a “rational basis” for only placing certain public safety workers under the law, the appeals court said.
“Courts must respect both precedent and our role in deferring to the Legislature’s fiscal policy decisions,” the appeals court said.
Appeals Court Judge Shelley Grogan said in a concurring opinion that the timing of the lawsuit was “to say the least, suspect.” The lawsuit was filed in November 2023, three months after the Wisconsin Supreme Court switched from majority conservative control to a majority of liberal justices.
“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.”
Liberal justices control the Supreme Court 4-3, but that will increase to 5-2 next week when Chris Taylor, who won election in April, joins the court.
Attorneys for the Legislature, as well as the unions who brought the case, did not immediately return messages seeking comment.
Anti-union law kneecapped powerful public sector unions
The Act 10 law effectively ended collective bargaining for most public unions by allowing them to bargain solely over base wage increases no greater than inflation. It also disallowed the automatic withdrawal of union dues, required annual recertification votes for unions, and forced public workers to pay more for health insurance and retirement benefits.
It led to a dramatic decrease in union membership across the state. The nonpartisan Wisconsin Policy Forum said in a 2022 analysis that since 2000, Wisconsin had the largest decline in the proportion of its workforce that is unionized.
In 2015, the GOP-controlled Wisconsin Legislature approved a right-to-work law that limited the power of private-sector unions.
Public sector unions that brought the lawsuit are the Abbotsford Education Association; the American Federation of State, County and Municipal Employees Locals 47 and 1215; the Beaver Dam Education Association; SEIU Wisconsin; the Teaching Assistants’ Association Local 3220 and the International Brotherhood of Teamsters Local 695.
