A Wisconsin court ruling on Monday marked a major victory for public sector unions by restoring collective bargaining rights that were stripped away by a controversial 2011 law known as Act 10.
Dane County Circuit Judge Jacob Frost ruled that the law created unconstitutional distinctions between public safety workers who kept their bargaining rights and other public employees who lost them. The decision would restore collective bargaining powers for tens of thousands of teachers, state workers and other public employees to pre-2011 levels.
Act 10, championed by then-Governor Scott Walker, severely limited most public unions' ability to negotiate wages and working conditions while requiring increased employee contributions for benefits. The law sparked massive protests drawing up to 100,000 people to the state capitol when it was passed.
Union leaders celebrated the ruling while acknowledging likely appeals ahead. "We're ready to keep fighting until we all have a seat at the table again," said Ben Gruber, president of AFSCME Local 1215.
Republican lawmakers immediately vowed to appeal, with Assembly Speaker Robin Vos criticizing the timing of the lawsuit more than a decade after Act 10's passage. The case is expected to ultimately reach the Wisconsin Supreme Court, highlighting the stakes of an upcoming April election that could shift the court's current 4-3 liberal majority.
The law's supporters argue it gave local governments needed fiscal controls, while opponents say it harmed workers' rights by removing workers' collective bargaining rights. Since Act 10's passage, Wisconsin has seen the nation's steepest decline in union membership according to policy researchers.
The ruling affects multiple provisions of Act 10, potentially restoring unions' ability to negotiate over issues beyond base wages, ending required annual recertification votes, and allowing automatic union dues collection.
Seven public sector unions brought the successful legal challenge, including education associations and municipal employee unions. While previous courts had upheld Act 10, this was the first major challenge since liberals gained control of the state Supreme Court in 2023.