Impact of Overturning Act 10
Much of Act 10 was recently ruled unconstitutional. While we expect the ruling to be challenged in court and ultimately make its way to the Wisconsin Supreme Court (accentuating the importance of the upcoming WI Supreme Court even more), there are some key rulings that members need to be aware of. These key rulings are currently unconstitutional and Local 212 is working closely with AFT and AFT WI on how to proceed.
Key Rulings:
Wage increases no longer require a referendum to exceed the Consumer Price Index (CPI)
The exemption for public safety workers from collective bargaining prohibitions is removed
The prohibition on Fair Share is lifted, but Right to Work must also be overturned for Fair Share dues collection to resume
WERC's authority to mediate and arbitrate disputes, as well as fact findings, has been restored
The process of notifying WERC of contract expiration and commencing negotiations is restored
Contracts exceeding one year are allowed, and contract reopeners are permitted if agreements are invalidated
Annual recertification requirements are removed, but since these rulings will most likely be overturned, we will be following the state's recertification guidelines in 2025
The prohibition against bargaining over anything other than wages is removed
Employers dues deduction is allowed
The 51% standard for certification elections is removed
Why Recertification in 2025 Matters:
Although these rulings are currently in effect, the law is in flux and subject to change. It is crucial that Local 212 maintains its certified status to safeguard our rights and remain prepared for any legal reversals. By following the state’s recertification guidelines in 2025, we ensure our ability to continue representing members effectively, regardless of the final outcome in the courts.
Local 212 is working closely with AFT and AFT-WI to navigate these developments. Together, we will adapt to the evolving legal landscape and advocate for the best outcomes for our members. For questions please contact Local 212's Director of Labor Relations Sam Froiland sfroiland@local212.org
