County Judge Strikes Down Parts of Walker-Era Collective Bargaining Reforms

Dane County Circuit Court Judge Jacob Frost has struck down key provisions of a 2011 law, including provisions barring general employees from negotiating for anything other than base wage increases capped for inflation and prohibiting public employee unions from forcing employees to pay dues. The reform has saved state and local units of government $17 billion since its enactment. Judge Frost found the law improperly treats general employees differently from those who fall under the definition of “public safety” workers, who were excluded from the reforms. The latter group includes municipal police, deputy sheriffs, firefighters, and some members of the State Patrol. GOP lawmakers have already filed notice of an appeal with the Waukesha-based 2nd District Court of Appeals. The four-member 2nd District Court of Appeals has three judicial conservatives on the bench. Read a Wall Street Journal editorial and more. In addition, an April 1st Wisconsin Supreme Court election will determine whether judicial activists or conservatives have a majority, with the Court likely ultimately deciding whether Judge Frost’s ruling stands. Adding interest to the case, prior to being a judge, Judge Frost appears to have signed a 2011 petition to recall then-Gov. Scott Walker from office because of public employee union opposition to the reforms.