MADISON, Wis. — A right turns around of Wisconsin’s 13-year-old law, which effectively ended collective bargaining for teachers and most state government employees, has reignited the fight for labor rights in a state that saw the first public-sector unions form 65 years ago were founded.
But before unions return to the bargaining table, more legal battles await. Here are five things you need to know about the law, the current challenge and what happens next:
At its core, the fight is over whether tens of thousands of teachers, nurses, prison guards and other state government employees can negotiate their workplace conditions and pay.
The law, known as Act 10, was enacted in 2011 and limits negotiations to wage increases that do not exceed the rate of inflation. This means that other matters, such as benefits, safety and working conditions and holidays, are non-negotiable.
The law also requires each public sector union to vote annually on whether to maintain its own certification. To pass, at least 51% of each union’s members must vote yes, not just 51% of those who vote.
Union members also had to pay more for their benefits, reducing their take-home pay and essentially taking a pay cut.
Supporters say the law has saved school districts and local governments billions of dollars. Opponents say the law has stifled unions that traditionally support Democrats and hurt worker morale and income.
The passage of the law caused the legislature to pass a so-called law in 2015 right to work That limited the power of private sector unions.
Than- Gov. Scott Walker introduced the proposal shortly after he took office in 2011. That led to weeks of unrest massive protestsA strike by Democratic senators in a failed attempt to block the bill’s passage and recall elections aimed at Walker and Republicans who voted for it.
The battle put Wisconsin at the center of the fight for union rights in the US. Walker turned heads, survived the 2012 recall attempt and mounted a campaign for president a few years later. However, he quit in the fall of 2015 as support for Donald Trump grew.
The battle lines then and now are largely the same. The law is opposed by Democrats and labor unions. It is backed by Republicans, conservative groups and powerful organizations such as Wisconsin Manufacturers and Commerce, the largest business lobbying group in Wisconsin.
Numerous legal challenges have been filed in state and federal courts challenging the law. None of them have succeeded so far.
The latest challenge was filed last year by seven unions representing teachers and other public sector workers, and three individuals.
This lawsuit alleges that Act 10’s exemption of certain police officers, firefighters, and other public safety workers from bargaining restrictions violates the Wisconsin Constitution’s equal protection guarantee.
A similar argument was made in a federal lawsuit alleging that Act 10 violated the U.S. Constitution’s guarantee of equal protection. But a federal appeals court in 2013 said the state was free to draw a line between public safety and other unions, and again the following year ruled that the law was constitutional.
So did the Wisconsin Supreme Court in 2014 has regarded the law as constitutional, dismissing a lawsuit filed by Milwaukee teachers and officials. That case produced different arguments than the current lawsuit. And in 2019, a federal judge dismissed a lawsuit filed by two branches of the International Union of Operating Engineers, which argued the law violates free speech and free association under the First Amendment.
Walker, whose legacy is largely defined by his battles with unions, called the prevailing “brazen political activism.”
The judge who struck down the law, Dane County Circuit Judge Jacob Frost, was appointed by the current governor of Wisconsin, Democrat Tony Evers. That also appears Monarch signed the petition to recall Walker.
Republican leaders in the Legislature echoed Walker’s comments, condemning the ruling and calling Frost an “activist.”
Calling the decision “great news,” Evers said, “I have always believed that employees should have a seat at the table in decisions that affect their daily lives and livelihoods.”
Unions cheered the ruling, while conservative groups warned that overturning the law would dramatically increase costs for local governments, leading to service cuts and tax increases.
The legislature has appealed the case. That would typically send it to the state appeals court unless the unions ask the Wisconsin Supreme Court to hear the case directly.
Opponents of the law would like the state Supreme Court to hear the case, which is controlled by a 4-3 vote by liberal justices. A election in April will determine whether the liberals retain control or whether the court returns to the conservatives, who held sway there from before the passage of Law 10 until 2023. The newly elected judge will begin his work in August next year.
Even if the current court takes up the case, it is unclear which judges will hear the case.
Judge Janet Protasiewicz, whose win last year gave liberals the majority, said during her campaign that she believes Act 10 is unconstitutional. She also said she would consider recusing herself from any case challenging the law. Protasiewicz participated in protests against the law and signed the petition to recall Walker.
Conservative Judge Brian Hagedorn was Walker’s chief legal adviser and played a role in drafting Law 10. But during his successful bid to appear in court in 2015, Hagedorn would not promise to recuse himself if there was a case would come to court challenging Act 10.