WI Judge Strikes Down Law Blocking Collective Bargaining for Government Workers

A law in Wisconsin that was passed more than a decade ago has been overturned.

The law, ACT 10, was signed by then-Governor Scott Walker, a Republican.

The law blocked collective bargaining for most government employees in the state.

Overruled

Walker signed the legislation into law in 2011.

I can vaguely remember when this law was passed and there being pushback regarding the constitutionality of the law even then.

Walker justified the law at the time as a way to trim costs from the state budget.

Well, it was finally challenged, and the courts decided that stripping these rights from state workers was, in fact, unconstitutional.

Dane County Circuit Judge Jacob Frost ruled, “I cannot solve Act 10’s constitutional problems by striking the definition of ‘public safety employee,’ leaving the term undefined and leaving the remainder of the law in place.”

He continued, “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.”

The GOP plans to appeal the ruling, and this case is expected to soon be before the Wisconsin Supreme Court, then possibly the Supreme Court of the United States.

Ben Gruber, a conservation warden and president of AFSCME Local 1215, responded to the ruling, stating, “We realize there may still be a fight ahead of us in the courts, but make no mistake, we’re ready to keep fighting until we all have a seat at the table again.”

If the ruling holds up, it could have severe repercussions on some entities, with some being forced to file for bankruptcy, so this battle is far from over.

We will keep an eye out for updates as this works its way through the gauntlet of higher courts in the state as well as the Supreme Court.