Appeals Court Asks Wisconsin Supreme Court To Take Act 10 Lawsuit

A state appeals court is urging the Wisconsin State Supreme Court to take on an Act 10 lawsuit filed by two unions, which challenged the constitutionality of the collective bargaining limitations Gov. Scot Walker imposed on almost all public unions in 2010.

The Supreme Court could take the case without waiting for an Appeals Court decision, but whether is does so is at the high court's discretion. If the Supreme Court doesn’t take the case, then the Appeals Court would need to take it.

A certification filed by a panel of three judges from the 4^th District Court of Appeals, asked the Wisconsin Supreme Court to take the case because “a number of public unions have filed suits against municipalities over Act 10 provisions, which have left them ‘in limbo.’”

Walker imposed limitations on most public unions as part of his budget repair bill proposal in 2010 to save the state, schools and municipalities money, but the unions maintained that they have a constitutional right to collectively bargain whereas the state has maintained that they do not.

Unions representing Madison Public School teachers and city of Milwaukee workers filed a lawsuit in 2011 over provisions contained in Act 10 and Act 32 saying that they were unconstitutional.

Dane County Circuit Court Judge Juan B. Colas declared that the provisions in Acts 10 and 32 were unconstitutional in 2012. But it wasn’t clear whether the decision only applied to Madison and Milwaukee public unions, and the law is still in effect.

Meanwhile, the state maintains that the union members don’t have a constitutional right to collectively bargain and that they are treated equally with respect to constitutionally protected associated rights like freedom speech.

Attorney General J.B. Van Hollen, who maintains that Act 10 is constitutional, called the appeals court move “a positive development” and that “any remaining issues concerning Act 10 need to be resolved as soon as possible.”

Mary Bell, president of the Wisconsin Education Association Council, the state's largest teachers union, made the following statement:

“This step in the legal process affirms the statewide significance of the Colas decision. As it stands, school districts should be following the law and bargain in good faith with local associations in the best interest of students.”