Act 10 ruling could increase stakes of Wisconsin Supreme Court election

MADISON, Wis. (Public News Service) – A Wisconsin Circuit Court’s ruling involving public sector bargaining rights has intensified the stakes for the state’s Supreme Court election in 2025.

The judge ruled Act 10 is unconstitutional because it treats different groups of public employees unequally.

The controversial 13-year-old law strictly limits public sector bargaining rights in Wisconsin.

Michael Childers is a professor of labor education at the University of Wisconsin-Madison.

He said the law also took the state back more than fifty years, as Wisconsin was a pioneer in the fight for workers’ legal rights.

“It was the first state in the nation that formerly allowed for public sector bargaining,” said Childers, “and then became the first to basically greatly curtail bargaining rights for all but police and fire in the state.”

Act 10 could be struck down pending a final decision by the Wisconsin Supreme Court, which currently has a liberal majority.

The Republican-controlled legislature that appealed the recent decision is hoping to drag out the case, but the public workers who challenged the law hope the court rules before a new justice is seated next year.

Wisconsin’s public sector laws of 1959 and 1962 are regarded as turning points in American politics and the legal rights of workers.

Childers said Wisconsin’s union participation was always higher than the national average until the passage of Act 10 in 2011, which fundamentally changed the ability of public sector workers in Wisconsin to have influence over their workplace.

“They had rights similar to what most workers in the private sector in the United States enjoyed, which is the ability to bargain over hours, wages, and all other conditions of work,” said Childers, “so this would be reinstated pending this decision.”

Childers said Wisconsin experienced the largest decline of union membership in the U.S. over the past decade.

If Act 10 is struck down, it could open the door for a resurgence of union engagement across the state.

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This article originally appeared on Public News Service.