Judge Overturns Wisconsin Union Restrictions, Reinstates Collective Bargaining Rights
Judge Jacob Frost stated that significant portions of a law from 2011 were deemed unconstitutional.
On December 2, public workers and teachers unions in Wisconsin achieved a pivotal legal victory with a ruling that reinstates collective bargaining rights, which had been stripped away by a 2011 state law that ignited weeks of protests and positioned the state at the center of the national debate on union rights.
The legislation, known as Act 10, effectively eliminated the rights of most public employees to negotiate for wage increases and other matters, while also mandating higher contributions for health insurance and retirement benefits.
With Frost’s ruling, all public sector employees who previously lost their collective bargaining rights will have them reinstated under the conditions that existed prior to 2011. They will receive the same treatment as police, firefighters, and other public safety unions that were exempted from the law.
The unions celebrated this development.
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Democrats expressed their support for the ruling.
Unions and their allies noted that the case is far from over.
Republicans pledged to swiftly appeal the ruling, which will likely end up before the Wisconsin Supreme Court.
The law was proposed by former Wisconsin Governor Scott Walker and enacted by a Republican-majority Legislature amidst weeks of protests at the state Capitol. It had previously survived multiple legal challenges.
The lawsuit, brought by seven unions and three union leaders, argued that the law should be invalidated due to unconstitutional exemptions created for firefighters and other public safety employees. Attorneys representing the Legislature and state agencies contended that these exemptions are legitimate, have been upheld in earlier court decisions, and that the case should be dismissed.
In July, Judge Frost sided with the unions, asserting that the law violates equal protection guarantees outlined in the Wisconsin Constitution by categorizing public employees into “general” and “public safety” employees. He determined that unions representing general employees, such as teachers, should not be treated differently than public safety unions that were exempt under the law.
His latest ruling specified the numerous provisions within the law that must be revoked.
“We strive for a state where lawmakers and the Governor establish laws, rather than the courts!” he expressed.
The current composition of the Wisconsin Supreme Court includes three Republican justices and four Democratic justices.
“I firmly believe that workers deserve a voice in matters affecting their daily lives and livelihoods. It’s about treating every worker with respect and dignity and ensuring that no worker is unjustly treated because of their profession.
The Associated Press contributed to this report.
