Wisconsin Judge Rules Parts of Act 10 Unconstitutional in Key Decision

Wisconsin Judge Challenges Act 10, Sparking Hope for Public Workers


Photo: Greg Dixon

In a significant legal development, a Wisconsin judge has declared certain provisions of Act 10, which had stripped collective bargaining rights from numerous public sector employees, unconstitutional. This ruling, however, is yet to be enforced as it awaits potential appeals.

The decision by the Dane County Circuit Court mandates that all public sector employees in Wisconsin should have their collective bargaining rights reinstated in full. This judgment follows a lawsuit initiated by public service workers who argued that Act 10 contravened the equal protection clause enshrined in the state constitution by creating unequal categories among public employees.

Public service unions, including AFSCME Locals 47 and 1215 under Council 32, SEIU Wisconsin, and various educational associations, have been fighting for this outcome. This ruling brings them closer to attaining their objective of restoring workers' abilities to negotiate effectively with their employers.

Ben Gruber, president of AFSCME Local 1215 and one of the plaintiffs, expressed the personal impact of the ruling: "Today's decision is personal for me and my co-workers. As a conservation warden, having full collective bargaining rights means we will again have a voice on the job to improve our workplace and make sure that Wisconsin is a safe place for everyone. 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."

The determination to continue challenging the law underscores a broader commitment by union members across Wisconsin to ensure all public sector workers regain their collective rights. Preparations are underway to educate and mobilize for the eventual restoration of these rights.