Act 10 upheld; court quashes notion of ‘unfettered right’ to collectively bargain

By M.D. Kittle | Wisconsin Reporter

MADISON – Another court, another constitutional win for Wisconsin’s controversial collective bargaining reform law.

The U.S. District Court for the Western District of Wisconsin on Wednesday dismissed claims brought by public employee unions, upholding the constitutionality of Act 10.

The decision, issued by Judge William M. Conley, takes aim at the plaintiffs’ contention that provisions of Act 10, particularly the law’s requirement that public unions annually obtain a majority to recertify, are unconstitutional.

“The implicit assumption in this argument — that the First Amendment gives employees an unfettered right to bargain collectively — is, at best, questionable,” the ruling states.

“Even now, over 22 states have continued to prohibit collective bargaining under rights reserved to them by the 1947 Taft Hartley Act without running afoul of the First Amendment.”