A three-judge panel of the Wisconsin Court of Appeals issued a 2-1 decision on Wednesday to overturn a December 2024 ruling that had struck down Act 10, the state’s 2011 anti-union legislation. The appeals court determined that the law does not violate equal protection provisions of the Wisconsin Constitution and that the Legislature had a rational basis for the restrictions it imposed.
Act 10, enacted in 2011, substantially curtailed the collective bargaining rights of most public employees in Wisconsin. The law limited public sector unions to negotiating only base wage increases tied to inflation, eliminated automatic union dues collection, required annual recertification votes for unions, and mandated increased employee contributions toward health insurance and retirement benefits. Public school teachers were among the most significantly affected by the restrictions. The law’s implementation prompted extensive protests, including demonstrations that drew substantial crowds to the state Capitol.
Proponents of the legislation argue it provides local governments and school districts with necessary fiscal control and cost-management tools. Opponents contend that Act 10 has weakened schools and public agencies by removing workers’ ability to collectively negotiate over compensation and employment conditions. Union representatives indicated they intend to appeal the decision, which would direct the case to the Wisconsin Supreme Court, which currently holds a majority of justices appointed by Democrats.
The appeals court panel noted that the lawsuit challenging Act 10 was filed in November 2023, following the shift in the Supreme Court’s ideological composition earlier that year. One panel member raised concerns about the timing, stating that attempts to challenge the law on previously rejected grounds should not proceed simply because the court’s membership changed. The dissenting judge on the panel argued that the Legislature created arbitrary distinctions by restricting bargaining rights for some public employees while exempting others, including certain public safety workers.
The ruling maintains the status quo, as Act 10 has remained in effect throughout the legal proceedings. All five Democratic gubernatorial candidates have pledged to repeal the law if elected, with the primary scheduled for August 11.
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