Seventh Circuit Court of Appeals Upholds Act 10

In September, we reported that the U.S. District Court for the Western District of Wisconsin upheld Wisconsin Act 10, also known as the Budget Repair Bill. The plaintiffs failed to prove that Act 10 improperly restricts collective bargaining rights, and that Act 10 violates the Equal Protection Clause by treating individuals represented by a collective bargaining unit different than unrepresented individuals.

The Seventh Circuit Court of Appeals upheld the ruling for Wisconsin Act 10, earlier this month. The opinion of the court stated:

“At the risk of repeating ourselves, we stress that Act 10 does not mandate any form of unfavorable treatment for union members. These employees still possess every right, and are given every opportunity, that the state grants to their colleagues who elect not to join a union. It’s just that Wisconsin has refused to participate in an activity that the represented employees want the state to engage in. Wisconsin has chosen to recognize individual employees as the appropriate bargaining powers for municipal employers, but not union representatives.”

There is still litigation pending regarding Wisconsin Act 10, including Madison Teachers Inc. v. Walker and Wisconsin Law Employment Association v. Walker.

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