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Act 10 challenge raises new arguments
A new lawsuit is challenging Wisconsin's Act 10 which has been law for more than 12 years.
MADISON, Wis. - A new lawsuit is challenging Wisconsin's Act 10, which has been law for more than 12 years. It places limits on state and local government worker unions, like teachers' unions.
Act 10 survived previous challenges in both state and federal courts; the Wisconsin Supreme Court ruled in 2014 that it was constitutional. However, in August, the Wisconsin Supreme Court flipped to liberal control. This new lawsuit was filed in lower courts, but could end up at the state's high court.
Justice Janet Protasiewicz, during her spring campaign, said she thought the law was unconstitutional.
Seven unions for teachers and government workers are trying to have the law tossed, again. The new case raises different arguments from previous challenges.
Act 10 put major limits on government workers' collective bargaining – they could negotiate pay raises up to the rate of inflation. The law exempted police and fire unions from that restriction. The new lawsuit says the distinction between groups violates the state constitution's equal protection clause.
It is the latest in a 12-year battle. Back in 2011, protesters packed the state capitol – fighting Act 10. At one point, Wisconsin Democratic senators fled the state to block a quorum needed to vote. Despite the calls to "kill the bill," then-Gov. Scott Walker in 2011 signed Act 10 into law, which has had a lasting impact on Wisconsin.
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"Many of the state and local unions that were institutional players in 2010 no longer are. All the unions no longer have the same revenue stream, because they do not have automatic deductions for dues as a matter of course; it’s something people enter into voluntarily," said Jason Stein of The Wisconsin Policy Forum.
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Stein wrote a book on Act 10.
"Act 10 also imposed much more stringent and difficult to meet conditions on what it takes to remain certified as a union. And you have to remain certified to bargain over anything," Stein said. " They retain the power to bargain over base wages, increase in base wages, up to the rate of inflation. So they can still bargain over that. Typically, that isn’t a big range. But when we’ve hit this world in which inflation hit as high as 8%, for some contracts, that’s turned out to be more meaningful."
Jason Stein
The law also made cuts to state and local government workers' take-home pay. That is because it required them to pay more for their pensions and health care.
Assembly Speaker Robin Vos said Act 10 saved taxpayers $16.8 billion. Union members say the law is taking a toll – creating low pay and staffing shortages.
Reaction
Wisconsin AFL-CIO President Stephanie Bloomingdale:
"Wisconsin union members stand together in solidarity as a coalition of public sector employees bring forth a legal challenge to the constitutionality of Scott Walker’s union-busting Act 10," said Wisconsin AFL-CIO President Stephanie Bloomingdale. "All Wisconsin workers have the right to collectively bargain with their employer over issues such as wages, workplace safety, benefits and more. Banning some workers from the full freedom to negotiate in union is a violation of the Wisconsin Constitution. Act 10 has done great harm to working people in our state and has done great damage to the public services our families depend on every day. It has lowered wages and led to staff shortages and long-term vacancies in key public service positions. Working families in Wisconsin will stand together to restore the full freedom of collective bargaining to every worker in our state."
Wisconsin Assembly Speaker Robin Vos (R-Burlington):
"Since 2012, Act 10 has saved Wisconsin taxpayers $16.8 billion. Now that the Wisconsin Supreme Court flipped to liberal control, special interest groups filed a lawsuit to repeal Act 10. If overturned, it would bankrupt schools and local governments right after we gave them a historic funding increase. In 2014, the Wisconsin Supreme Court upheld the law as constitutional, and in 2019, a federal judge rejected a lawsuit. Liberals looking to please their donors continue to file lawsuits with the intention of overturning settled law. Justice Protasiewicz said during her campaign that she believes Act 10 is unconstitutional. She also told the media that she would consider recusing herself from any case challenging the law. Justice Protasiewicz participated in protests against the law and signed the petition to recall Walker."