Case Name: Act 10; First Amendment; Equal Protection

Court: W.D. Wisconsin District Court; Seventh Circuit Court of Appeals

Case Number: 2012-CV-462; 13-3193

Filed On: July 6, 2011

Current Status: Seventh Circuit held Act 10 constitutional

Governor Scott Walker’s 2011 reforms turned the realm of public sector employment relations upside down. 2011 Wisconsin Act 10 removed most collective bargaining privileges from the vast majority of state, county, and local employees. Specifically, for all government employees except those in an expressly defined “public safety” class, Act 10 did four major things: it (1) prohibited collective bargaining on all topics except base wage increases not to exceed the rate of inflation; (2) prohibited so-called “fair share” agreements which force unwilling employees to pay union dues; (3) required bargaining representatives to stand for re-certification elections every year and earn a majority of votes from all represented employees; and (4) prohibited employees from paying their union dues through payroll deductions.

Various unions filed four lawsuits, asserting numerous constitutional challenges to those changes. In each, WILL has partnered with the National Right to Work Legal Defense Foundation to represent government employees who object to union representation, helping to defend Act 10. Because these government employees have interests and rights that are not adequately represented either by the State or the unions, we have filed amicus briefs or sought to intervene as full-fledged parties in each case.

The judge in the Laborers case, in September, 2013, granted the State’s motion to dismiss the case, finding that Act 10 did not violate union members’ freedom of association and did not unconstitutionally discriminate between represented and non-represented employees. The unions appealed, and Seventh Circuit Court of Appeals affirmed the lower court, reject all of the unions’ arguments and upholding Act 10.

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