Wisconsin's Collective Bargaining Law: A Comprehensive Overview
Tuesday, Dec 3, 2024 11:54 am ET
Wisconsin's collective bargaining law for public workers, known as Act 10, has been a contentious issue since its enactment in 2011. This legislation, proposed by then-Governor Scott Walker, significantly altered the bargaining rights of public unions. This article delves into the key aspects of Wisconsin's collective bargaining law, its impact on public workers, and the recent legal developments surrounding it.
Act 10, passed in 2011, effectively ended the ability of most public employees to bargain for wage increases and other issues. Instead, they could only negotiate base wage increases no greater than inflation. This law also required unions to hold annual recertification votes, with at least 51% of all employees participating, not just the ones involved in the vote. In contrast, police, firefighters, and other public safety unions were exempted from these restrictions.
The law's implementation sparked massive protests and debates, with opponents arguing that it weakened workers' rights and hurt schools and government agencies. Supporters maintained that Act 10 provided local governments with more control over workers and the powers needed to cut costs. The law has withstood numerous legal challenges over the years, but a recent ruling by Dane County Circuit Judge Jacob Frost has revitalized the debate.
In 2023, seven unions and three union leaders filed a lawsuit challenging Act 10's distinction between general and public safety workers. They argued that the law violated equal protection guarantees and was unconstitutional. In July 2024, Judge Frost ruled in favor of the unions, stating that the law violated public employees' equal protection rights by dividing them into "general" and "public safety" categories.
On December 4, 2024, Judge Frost issued a final judgment, striking down more than 85 sections of Act 10 that mentioned the distinction between general and public safety workers. This ruling reinstated collective bargaining rights for public workers, allowing them to negotiate wages, working conditions, and benefits. The judge also struck down certain provisions of the 2015 Act 55, which related to Act 10's special treatment of public safety employees.
Following the ruling, Republicans vowed to appeal, and the case may ultimately go before the Wisconsin Supreme Court. Union leaders celebrated the decision, stating that it would help address workforce crises in sectors like education and conservation. Meanwhile, Republican lawmakers and business lobbying organizations decried the ruling, citing the potential fiscal impact and the need to maintain local government control.

The restoration of collective bargaining rights for Wisconsin public workers has significant implications for their compensation, recruitment, and retention. With enhanced bargaining power, unions can negotiate better wages, benefits, and working conditions, attracting and retaining more skilled workers. This could potentially alleviate staffing challenges and reduce turnover costs in Wisconsin's public sector.
However, the reversal of Act 10 also has economic implications for local governments and school districts. An increase in public worker compensation and benefits could result in higher budgetary costs. According to the Wisconsin State Journal, the average public worker's compensation and benefits in Wisconsin were approximately $70,000 in 2021. An increase in these amounts could strain local budgets and require adjustments to maintain fiscal stability.
In conclusion, Wisconsin's collective bargaining law for public workers has been a contentious issue since its enactment in 2011. The recent ruling by Judge Jacob Frost has reinstated collective bargaining rights for public workers, potentially impacting their compensation, recruitment, and retention. While this change could address staffing challenges and improve job satisfaction, it may also present economic challenges for local governments. As the case progresses through the appeals process, the future of Wisconsin's collective bargaining law remains uncertain.