A Wisconsin appeals court on Wednesday restored a 2011 anti-union law that abolished collective bargaining rights, in a setback for unions and public workers. Unions are expected to appeal, sending the case to the Wisconsin Supreme Court, which is controlled by liberal justices.
The 2024 ruling striking down the law as unconstitutional had been on hold pending appeal, so Wednesday’s reversal does not change the status quo. The law remains in effect, as it has been the past 15 years, as the legal fight continues.
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 beyond base pay and other conditions of employment, and forced them to pay more for health insurance and retirement benefits. Public school teachers, at the time among the most heavily unionized professions in the state, were particularly impacted.
Wisconsin court overturns ruling that struck down anti-union law
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.
Opponents argue the law has hurt schools and government agencies by stripping employees of the right to collectively bargain over pay and working conditions.
Christina Brey, a spokesperson for the unions that brought the lawsuit, said they remain confident on the merits of the case and that they are considering 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 Gov. Scott Walker, who introduced and championed the law, praised the 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 in a text message.
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 Walker’s signature legislative achievement, catapulting him onto the national political stage and spurring an unsuccessful attempt to recall him from office. Walker used the furor to mount a brief, ill-fated run for president that ended in 2015.
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 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 Wisconsin.
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 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 to overturn a December 2024 ruling from Dane County Circuit Judge Jacob Frost, saying the challenged provisions of the law did not violate equal protection guarantees of the Wisconsin Constitution.
The lower court “had no legal basis” to declare the law unconstitutional, 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.”
Appeals Court Judge Lisa Neubauer, the lone liberal on the three-judge panel, dissented, saying the lower court was correct. She said the Legislature made “arbitrary and irrational distinctions” by taking away collective bargaining rights from some public employees but not others.
