Unions score a major win in Wisconsin with a court ruling restoring collective bargaining rights

MADISON, Wis. (AP) — Wisconsin public worker and teachers unions scored a major legal victory Monday with a ruling that restores collective bargaining rights they lost under a 2011 state law that sparked weeks of protests and made the state the center of the national battle over union rights.

That law, known as Act 10, effectively ended the ability of most public employees to bargain for wage increases and other issues, and forced them to pay more for health insurance and retirement benefits.

Under the ruling by Dane County Circuit Judge Jacob Frost, all public sector workers who lost their collective bargaining power would have it restored to what was in place prior to 2011. They would be treated the same as the police, firefighter and other public safety unions that were exempted under the law.

Republicans vowed to immediately appeal the ruling, which ultimately is likely to go before the Wisconsin Supreme Court. That only amplifies the importance of the April election that will determine whether the court remains controlled 4-3 by liberal justices.

Former Gov. Scott Walker, who proposed the law that catapulted him onto the national political stage, decried the ruling in a post on the social media platform X as “brazen political activism.” He said it makes the state Supreme Court election “that much more important.”

Supporters of the law have said it provided local governments more control over workers and the powers they needed to cut costs. Repealing the law, which allowed schools and local governments to raise money through higher employee contributions for benefits, would bankrupt those entities, backers of Act 10 have argued.

Democratic opponents argue that the law has hurt schools and other government agencies by taking away the ability of employees to collectively bargain for their pay and working conditions.

Union leaders were overjoyed with the ruling, which affects tens of thousands of public employees.

“We realize there may still be a fight ahead of us in the courts, but make no mistake, we’re ready to keep fighting until we all have a seat at the table again,” said Ben Gruber, a conservation warden and president of AFSCME Local 1215.

The law was proposed by Walker and enacted by the Republican-controlled Legislature in spite of massive protests that went on for weeks and drew as many as 100,000 people to the Capitol. The law has withstood numerous legal challenges over the years, but this was the first brought since the Wisconsin Supreme Court flipped to liberal control in 2023.

The seven unions and three union leaders that brought the lawsuit argued that the law 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.