Parts of Scott Walker-era Act 10, union law struck down by judge

Parts of Wisconsin’s Act 10 law have been ruled unconstitutional, according to a Dane County judge, who also denied a motion by the Republican-controlled state Legislature to dismiss a case challenging the Scott Walker-era law that slashed unions’ power.

The lawsuit, filed in November of 2023 by several unions, argues the 2011 law violates equal protection guarantees in the Wisconsin Constitution by dividing public employees into two classes: “general” and “public safety” employees.

What this means for unions in Wisconsin at this time is still unknown.

The law sparked huge protests and recall elections across the state, including of Walker and state Sen. Dan Kapanke (R-La Crosse). Walker won his recall, while Kapane lost by 10 points to Jennifer Shilling.

Act 10 stopped public-sector unions from being able to negotiate over any issues other than raises. Those raises, too, were capped at the rate of inflation. Those unions were also required to hold annual elections in order to continue to negotiate raises. Within those elections, a majority of all eligible members was needed to win, not just those who cast votes.

Public safety employees, like police and fire, are exempt from the collective bargaining limitations imposed on “general” public employees, such as teachers.

In his ruling, Dane County Circuit Judge Jacob Frost wrote: “Rational basis review provides a simple premise. Can you explain a law’s differing treatment of different groups in a way that makes sense and supports a public policy? If not, the different treatment is irrational and violates the right to equal protection of the laws. Because nobody could provide this Court an explanation that reasonably showed why municipal police and fire and State Troopers are considered public safety employees, but Capitol Police, UW Police and conservation wardens, who have the same authority and do the same work, are not.

“Thus, Capitol Police, UW Police, and conservation wardens are treated unequally with no rational basis for that difference. Act 10 therefore violates their rights to equal protection under the law and I declare those provisions of the Act relating to collective bargaining modifications unconstitutional and void.”

Republicans called out the ruling and its timing.

“Act 10 has been found legal and constitutional against multiple state and federal court actions for close to 15 years. This is yet another example of courts legislating from the bench,” state Senate Majority Leader Devin LeMahieu, R-Oostburg, said in a prepared statement. “Once again, the only way the Democrats can get their way is through activist judges dropping decisions on a holiday weekend when no one is watching. Unfortunately, if this decision stands, it will cost Wisconsin’s hard-working families millions of dollars.”