(The Center Square) – Wisconsin’s Act 10, which restricted public employees’ collective bargaining rights, is unconstitutional under the state’s equal protection clause according to a ruling by Dane County Circuit Court Judge Jacob Frost.
Signed into law in 2011 by then-Gov. Scott Walker, Act 10 limited most public sector union contract negotiations to salaries only and capped those salary increases to the rate of inflation.
Frost ruled the two classes of employees created by Act 10, “general” and “public safety,” violated equal protection guarantees, and that all public service workers should have the same rights to negotiate with employers about subjects beyond wages, such as health care and retirement benefits.
Jeff Mandell, president and general counsel of Law Forward, which represented the public service plaintiffs along with Bredhoff & Kaiser, applauded the decision.
“This historic decision means that teachers, nurses, librarians and other public-sector workers across the state will once again have a voice in the workplace,” Mandell said. “Every Wisconsin family deserves the chance to build a better future through democratic participation in a union. As an organization dedicated to protecting and strengthening democracy, Law Forward is proud to have been a part of this important case.”
A Better Wisconsin Together Deputy Director Mike Browne called the decision a “win for workers’ rights” and accused Republicans of putting partisan interests ahead of Wisconsin families.
“Our state courts are here to protect our rights and freedoms as Wisconsinites, and that’s exactly what this ruling is about,” Browne said in a statement. “[T]he people who teach our kids, take care of us in hospitals and nursing homes, plow our streets, and protect our safety ought to have the freedom to have a say in their working conditions and negotiate fair wages and benefits.”
But supporters of Act 10 have called the ruling an unprecedented decision that subverts the normal legislative process.
“Today’s decision is based on reasoning that was rejected by the federal courts years ago and departs from the way in which Wisconsin courts have handled equal protection cases,” Wisconsin Institute for Law and Liberty President Rick Esenberg said. “[I]t opens the door to allow judges – whether they be liberal, conservative or otherwise – to undermine the legislative process.”
On a more practical level, Act 10 supporters have also pointed out that overturning the law will roll back the billions of dollars in savings that local taxpayers have seen since the law passed.
In multiple reports, WILL estimated that Act 10 has saved taxpayers in Wisconsin more than $17 billion in the decade-plus that it’s been a law, and that ending Act 10 could cost local governments nearly $500 million going forward.
Republican lawmakers have vowed to appeal the decision.
“For over a decade, liberal activists have attacked reforms that have saved Wisconsin taxpayers tens of billions of dollars,” state Senate Majority Leader Devin LeMahieu said. “Despite Act 10 being upheld repeatedly by state and federal courts, an activist Dane County judge decided to issue a ruling suddenly deciding Wisconsin’s law is unconstitutional. We will appeal this decision immediately.”
