Wisconsin Appeals Court Restores 2011 Anti-Union Law

A Wisconsin appeals court has reinstated a 2011 anti-union law that revoked collective bargaining rights, marking a setback for unions and public employees. The unions plan to appeal, likely leading the case to the Wisconsin Supreme Court, dominated by liberal justices. The ruling does not alter the current situation as the law has been in effect for the past 15 years amidst ongoing legal battles.

Known as Act 10, the law curtailed public employees’ ability to negotiate for wage increases and other employment terms. It also mandated higher contributions for health insurance and retirement benefits from employees. Proponents argue it empowers local governments to manage workers and reduce expenses. They warn that repealing the law could financially strain schools and local governments.

Critics argue the law has negatively impacted schools and government bodies by removing employees’ rights to negotiate pay and working conditions. Christina Brey, representing the unions behind the lawsuit, expressed confidence in the case’s merits and emphasized the importance of collective bargaining for employees.

Former Republican Governor Scott Walker, who initiated the law, welcomed the decision as a victory for taxpayers. The law propelled Walker onto the national political scene and led to an unsuccessful recall attempt. He later pursued a brief presidential campaign.

The Republican majority passed the law amid extensive protests, with up to 100,000 individuals gathering at the state Capitol. Act 10 restricted collective bargaining to base wage increases no greater than inflation and enforced higher health insurance and retirement contributions. Union membership across Wisconsin dropped significantly as a result.

This legal challenge is the first since the Wisconsin Supreme Court gained a liberal majority in 2023. Opponents argue the law unfairly exempts certain public safety workers. Defenders maintain these exemptions are legal and have previously been upheld in court.

In court filings, the Legislature pointed out that similar arguments were dismissed by the state Supreme Court in 2014, stating the only change is the court’s composition. The appeals court sided with Republicans, suggesting the lawsuit’s timing was politically motivated.

The three-judge panel ruled 2-1 to overturn a December 2024 decision by Dane County Circuit Judge Jacob Frost, who had declared the law unconstitutional. The appeals court emphasized respect for precedent and the Legislature’s fiscal policy decisions.

Appeals Court Judge Shelley Grogan remarked on the suspicious timing of the lawsuit, filed shortly after the Supreme Court’s shift to a liberal majority. Judge Lisa Neubauer, the panel’s sole liberal judge, dissented, arguing the Legislature’s actions were arbitrary by selectively stripping bargaining rights from some employees.