Act 10 Redux

By: Attorneys Dean R. Dietrich and Nathan K. Miller

A Dane County Circuit Court has ruled that various provisions of Wisconsin Act 10 are
unconstitutional. Wisconsin Act 10, passed over 13 years ago by the Wisconsin
Legislature and approved after various court challenges, significantly modified the right
of most municipal employers to negotiate over wages, hours, and conditions of
employment. This law, the cornerstone of Governor Scott Walker’s time in office,
changed the way local governments managed their human resource functions for most
municipal employees.

The legal challenge to Wisconsin Act 10 has just begun. The Dane County Circuit Court
ruled that portions of the law are unconstitutional because they violate the Equal
Protection Clause of the Wisconsin Constitution. The Court will now consider what
provisions of the law are unconstitutional under this legal theory. The primary argument
is that the law differentiates between public safety employees of a local government and
state government and other employees of those same institutions. Based on the recent
ruling, this is considered a violation of the Equal Protection Clause.

There is still much to be discussed and decided before local governments need to take
action to address possible union organizing efforts by municipal employees. There are
also other events which may affect this decision such as the upcoming presidential
election and the Wisconsin Supreme Court election scheduled for April 2025. This being
said, local government leaders should be aware of this ruling and start thinking about
next steps.