‘It’s about time’: Wisconsin teachers celebrate judge’s Act 10 ruling

Thirteen years ago, Wisconsin lawmakers passed legislation known as Act 10 that stripped the rights of most public workers to collectively bargain with their employers. That law, signed by former Republican Gov. Scott Walker in 2011, was overturned by a Dane County Judge on Dec. 2, sparking a celebration of cautious optimism among public workers and unions across the state.

A group of public unions filed a lawsuit in 2023 arguing Act 10 was unconstitutional because it left out certain public safety workers, such as some police and firefighters. Dane County Circuit Judge Jacob Frost agreed with the unions, ruling that those provisions must be struck from the law, which essentially restored collective bargaining rights for all public workers.

Act 10 has stripped most powers from public unions over the last decade. The law limited collective bargaining to cost-of-living wage increases, preventing them from negotiating over other issues like working conditions, benefits, or raises higher than the rate of inflation.

This has had ripple effects on the public sector. Many teachers and educators say it has directly contributed to staffing shortages, low wages, burnout, and has caused more and more people to leave the profession.

“My reaction was: It’s about time,” Angelina Cruz, a longtime educator and president of Racine Educators United, told the Wisconsin Independent.

Veteran teachers have been enthusiastic about the ruling, she said, while younger educators who have only ever worked under Act 10 are trying to understand what it will mean for them.

“I think it’s an important step towards restoring the freedom of all public service workers to negotiate with our employers, and to have a say again in our workplace,” Cruz said. “For teachers, this has had to do with things like class sizes, caseloads, safety on the job, and just dozens of other areas. I think it’s energizing in terms of the progress. We’ve got the ball rolling in the right direction.”

Wisconsin Republican lawmakers have already appealed Frost’s ruling, and the case will likely end up in front of the Wisconsin Supreme Court. Because of this uncertainty, Cruz said the ruling won’t cause any immediate changes while unions wait for the appeal to be heard.

“Today’s news is a win and, while there will likely be more legal legwork coming, WEAC and our allies will not stop until free, fair and full collective bargaining rights are restored,” said Wisconsin Education Association Council President Peggy Wirtz-Olsen in a statement.

Jeff Knight, the executive director of Madison Teachers, Inc., the teachers’ union representing educators in the Madison School District, said they are carefully reviewing the ruling with their lawyers.

“We will be working with our members and the Madison Metropolitan School District to the extent possible, to follow and implement the collective bargaining law as it has been declared by Judge Frost,” he said in a statement shared with the Wisconsin Independent.

While they view the ruling as a win and hope that the state Supreme Court will uphold it, Cruz said unions are also heedful of the impact the ruling will have on public employers such as municipalities and school districts that have been struggling with funding in recent years. She pointed to the state’s $4.6 billion surplus, saying it could be used to help fill any gaps.

“There’s two things that need to happen,” she said. “Unions need to prepare for a return to collective bargaining, as do states, as do cities, so workers and the employers. But also, we all need to continue advocating for the state to be responsible with the money that they’re sitting on, and help do their part in sort-of making our communities whole again, and making the workers in Wisconsin whole again.”

This all comes just months before a critical state Supreme Court election in April. Liberal Justice Ann Walsh Bradley is set to retire, leaving a seat open that could change the ideological makeup of the 4-3 liberal majority court.