Article Summary –
Wisconsin’s Act 10, which limited collective bargaining rights for public workers since 2011, was deemed unconstitutional by a Dane County judge, restoring those rights and sparking cautious optimism among unions and public workers. The law previously restricted the ability of public unions to negotiate over issues beyond cost-of-living wage increases, impacting staffing, wages, and working conditions, particularly in education. Though the ruling is celebrated, its immediate impact is uncertain as an appeal is expected, with unions and public employers preparing for potential changes amid ongoing financial and political challenges, including an upcoming state Supreme Court election.
Thirteen years ago, Wisconsin lawmakers enacted Act 10, a legislation removing most public workers’ rights to collectively bargain. Originally signed by former Republican Gov. Scott Walker in 2011, a Dane County Judge overturned this law on Dec. 2, igniting cautious optimism among public workers and unions statewide.
In 2023, public unions filed a lawsuit claiming Act 10 was unconstitutional as it excluded certain public safety workers like some police and firefighters. Dane County Circuit Judge Jacob Frost agreed, ruling these provisions unconstitutional, thus restoring collective bargaining rights for all public employees.
Act 10 limited public unions to bargaining only for cost-of-living wage increases, excluding negotiations over working conditions, benefits, or raises above inflation. This restriction significantly impacted the public sector, contributing to staffing shortages, low wages, and burnout among educators.
Angelina Cruz, Racine Educators United president, expressed, “It’s about time.” She noted veteran teachers’ enthusiasm, while younger educators under Act 10 seek to understand its implications for them. “This is a step towards restoring public service workers’ freedom to negotiate workplace conditions,” she said.
Wisconsin Republicans have already appealed Frost’s decision, with the case likely heading to the Wisconsin Supreme Court. Due to this uncertainty, Cruz mentioned that no immediate changes would occur until the appeal is resolved.
“Today’s news is a win,” said Wisconsin Education Association Council President Peggy Wirtz-Olsen, emphasizing their ongoing commitment to restoring collective bargaining rights.
Jeff Knight, executive director of Madison Teachers, Inc., stated they are reviewing the ruling with legal experts. “We will work with our members and the Madison Metropolitan School District to implement the law as declared by Judge Frost,” he explained.
While optimistic, Cruz noted potential impacts on public employers like municipalities and school districts struggling with funding. She highlighted Wisconsin’s $4.6 billion surplus, suggesting it could address financial gaps.
“Two things need to happen,” Cruz said. Public unions and employers should prepare for collective bargaining’s return, and advocacy for state financial responsibility must continue to support Wisconsin workers.
This legal development unfolds just months before a crucial state Supreme Court election in April, which may alter the current 4-3 liberal majority.
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