November/December 2024 Issue

Also in this issue: Fluoridation of Public Drinking Water in Question     |     EEOC Files its First Pregnant Workers Fairness Act Lawsuit     |     Federal Court Strikes Down 2024 Salary Level Rules

Wait and See After Dane County Judge Issues Decision on Act 10

Brian P. Goodman , Steve Zach | 12.11.24

In 2011, the Wisconsin legislature enacted, and Governor Walker signed into law, Act 10 (later amended by 2015 Act 55). These laws severely limited collective bargaining for municipal bargaining units other than public safety employees (police and fire). Since that time, municipal bargaining for public employees other than police and fire personnel has somewhat disappeared.

On December 2, 2024, a Dane County judge issued a final decision striking down portions of Act 10 and Act 55 because they violated the equal protection guarantees in the Wisconsin Constitution. While Acts 10 and 55 limited the collective bargaining rights of most public employees, the collective bargaining rights of ​“general” employees were restricted more significantly than ​“public safety” employees. Back in July, this same judge ruled that there was no rational basis for how the laws classified certain groups of employees as ​“general” employees rather than ​“public safety” employees.

Many public entities are wondering what this means now. Our suggested approach is to wait and see if there are further legal developments regarding this decision. An appeal has already been filed by the defendants. As of December 6, 2024, it is likely that the defendants will request a stay of the judge’s decision pending appeal. If granted, a stay would maintain the status quo of limited public collective bargaining until the Wisconsin Court of Appeals and/​or the Wisconsin Supreme Court issues a final decision. It might be several months, or possibly in excess of a year, before the appeals process is completed.

This decision raises a host of significant issues regarding the impact and consequences of restoring public bargaining after 14 years. Many questions do not have answers at the present time, particularly since the appeal process is still underway.

So, our advice is to hold tight until we get some clarity. It is possible that former bargaining units might reach out to re-engage their status. Similarly, it is possible that municipalities that are currently engaged in bargaining may be asked to bargain outside the restrictions of Acts 10 and 55. Should a municipality receive such a request, you should promptly contact the municipality’s labor and employment counsel to help fashion the proper response.