Wisconsin Court Strikes Down Major Portions of Act 10 Affecting Public Sector Employees’ Collective Bargaining Rights

Update 12/20/24: The decision to overturn portions of Act 10 has been temporarily stayed, with the stay expected to be in place until at least January 24, 2025.

On December 2, 2024, a Dane County, Wisconsin Circuit Court issued a landmark decision striking down portions of 2011 Wisconsin Act 10 (“Act 10”) and thus affecting the collective bargaining rights of public sector employees in Wisconsin and potentially reshaping public sector bargaining in the State once again.

The decision stems from a finding by the Wisconsin Circuit Court on July 3, 2024, that provisions in Act 10 violated the State Constitution’s equal protection clause because there was no rational basis for its different treatment of “public safety employees” and “general employees.” The December 2, 2024 decision identifies which specific parts of Act 10, as well as 2015 Wisconsin Act 55 (“Act 55”), are unconstitutional.

While the Wisconsin Legislature intervened in the case and argued that the Court should only strike two provisions of Act 10 which relate to the definition of a “public safety employee,” the Court declined to do so and ultimately struck many of Act 10’s provisions, and certain provisions in Act 55. The provisions the Court struck include:

• Act 10’s provisions which limited bargaining for municipal employees represented by unions to wages only.
• Act 10’s provisions which limited the amount of wage increases that could be bargained.
• Act 10’s provisions which required annual recertification elections.
• Act 55’s provisions requiring that in order for a Union to be certified as the representative of a unit of state or municipal employees at least 51% of the employees in the unit (instead of just those voting) vote for the union.

The Wisconsin State Legislature has already appealed the decision to the Wisconsin Court of Appeals. It is also expected that the Legislature will seek to stay enforcement of the decision pending its appeal. As a result, it remains to be seen how this decision will impact public sector bargaining in Wisconsin. However, absent a stay of the decision being granted or a reversal of the decision by the Court of Appeals, at this time various provisions of Acts 10 and 55, including those identified above, are no longer in effect. 

As such, municipal and state employers should work closely with legal counsel, including regarding how they will respond to any demands for union recognition or to bargain over issues other than wages. If you have any questions regarding the information of this update, please contact your Quarles attorney or:

• Judi Williams-Killackey: (414) 277-5439 / judi.williams@quarles.com
• Tyler Roth: (414) 277-5765 / tyler.roth@quarles.com