Judge Rules State Collective Bargaining Restrictions Unconstitutional

Union experts are sorting out what a ruling today by a Dane County judge means for the future of collective bargaining in Wisconsin, but the bottom line is the 2011 law has been ruled unconstitutional. WEAC and four other unions filed suit to challenge the law.

“Today’s news is a win and, while there will likely be more legal legwork coming, WEAC and our allies will not stop until free, fair and full collective bargaining rights are restored,” said WEAC President Peggy Wirtz-Olsen.

WEAC and other labor unions representing public employees filed a lawsuit in November 2023 challenging the constitutionality of Wisconsin’s anti-union Act 10 law, citing the dire situation in schools and other workplaces where low pay, staffing shortages and poor working conditions caused by the law are causing staffing shortages. WEAC leaders were also in the courtroom in May when Dane County Circuit Judge Jacob Frost considered a motion from the Republican majority in the state Legislature to dismiss the case, which Judge Frost denied.

The lawsuit against Act 10 argues the 2011 law violates equal protection guarantees in the state Constitution by dividing public employees into two classes: “general” and “public safety” employees. Public safety employees are exempt from the collective bargaining limitations imposed on “general” public employees.

In announcing his decision not to dismiss the unions’ case in July 2024, Judge Frost ruled that sections of Act 10 were unconstitutional because the statute treated some public safety employees differently, such as municipal police officers, others in law enforcement, and wardens working for the Department of Natural Resources.

In today’s developments, Judge Frost clarified that some sections of Act 10 will no longer be enforceable.

WEAC has issued a news release and will keep WEAC members posted on analysis and developments in the coming days.