Wisconsin judge strikes down law stripping government workers of collective bargaining rights
A Wisconsin judge overturned a state law that prevented public employees from collective bargaining on Monday. The legislation, known as Act 10 and passed in 2011 under former Gov. Scott Walker (R), was declared unconstitutional.
The law, which prompted weeks of protests when it was proposed, prohibited most public workers, including teachers, from bargaining for higher wages and lower insurance costs, according to the Associated Press.
"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," Dane County Circuit Judge Jacob Frost wrote in the ruling.
He noted that the two categories of employees cited as “public safety” and “general” designated under the law violate equal protection policies.
"Nobody could provide this Court an explanation that reasonably showed why municipal police and fire and State Troopers are considered public safety employees, but Capitol Police, UW Police and conservation wardens, who have the same authority and do the same work, are not," Frost said.
The ruling means those affected by the bargaining ban would now be treated the same as the unions that the law exempted, including police and firefighter unions.
Frost's comments echo a July ruling in which he referenced the same issue.
Union members are rejoicing over the decision but remain ready to engage in further legal battles, as Republicans plan to submit an appeal that may be reviewed by the Wisconsin Supreme Court.
“We realize there may still be a fight ahead of us in the courts, but make no mistake, we’re ready to keep fighting until we all have a seat at the table again,” Ben Gruber, a conservation warden and president of AFSCME Local 1215, told the Associated Press.
Walker and his supporters say the law gave local governments the power they needed to cut costs. The law previously allowed schools and local municipalities to raise money through higher employee contributions for benefits.
The recent decision to overturn the state regulation may bankrupt those entities, backers of Act 10 have argued, according to AP.
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