Act 10 Overturned

Big news out of Wisconsin, as a judge overturns Scott Walker’s unionbusting legacy

A Dane County judge on Monday sent ripples through Wisconsin’s political landscape, overturning a 13-year-old law that banned most collective bargaining among public employees, consequently decimating the size and power of employee unions and turning then-Republican Gov. Scott Walker into a nationally known political figure.

The effort to overturn Act 10 began in November 2023 when several unions representing public employees filed the lawsuit, citing a “dire situation” in workplaces with issues including low pay, staffing shortages and poor working conditions. 

In July,  Dane County Circuit Judge Jacob Frost ruled provisions of Act 10 unconstitutional and denied a motion filed by the Republican-controlled Legislature to dismiss the case.

The lawsuit argued the 2011 law violated equal protection guarantees in the Wisconsin Constitution by dividing public employees into two classes: “general” and “public safety” employees. Public safety employees are exempt from the collective bargaining limitations imposed on “general” public employees.

Frost agreed.

“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,” wrote Frost in Monday’s ruling.

This was central to Scott Walker’s evil agenda:

The effort to curb these rights shortly after Walker was first elected in November 2010 triggered weeks-long protests that drew tens of thousands teachers, health care workers and other professionals to the Capitol on a daily basis.

The law, which came to be known as Act. 10, took effect in June 2011.

It ended the ability of public-sector unions to negotiate over any issues other than raises, and those raises were capped at the rate of inflation. In addition, unions were required to hold annual elections to maintain their ability to negotiate for those raises. For those elections, they must win a majority of all eligible members, not just those who cast votes.

After Act 10 became law, recall efforts began against 13 lawmakers and Walker. Walker survived the recall.

Frost, who was appointed to the Dane County Circuit Court in 2020 by Democratic Gov. Tony Evers, appears to have signed a petition to recall Walker over the law. His signature appears on the petition next to an address he lived at in 2011 before Frost was a judge, according to property records. 

Act 10 ended the ability of public-sector unions to negotiate over any issues other than raises, and those raises were capped at the rate of inflation. In addition, unions were required to hold annual elections to maintain their ability to negotiate for those raises. For those elections, they must win a majority of all eligible members, not just those who cast votes.

Public workers earning $50,000 a year saw their take-home pay shrink by about 8.5% because they had to pay more for their benefits, according to an analysis by the nonpartisan Legislative Fiscal Bureau at the time. 

As we know, democracy in Wisconsin generally hangs by a thread, depending if Democrats can win a judiciary election here or there. It’s the future of the nation and these are fights we have to keep having, even if, as we are dealing with right now with Trump’s victory, it looks like we are losing. Giving up is for chumps. Keep up the fight!