Impact of Overturning Act 10: A Message from our Director of Labor Relations Sam Froiland
While it will take some time for the challenge to Act 10 to work its way through the courts, it’s fair to ask what might happen if Act 10 is overturned? That takes some conjecture, so let’s start with, “What existed prior to Act 10?"
Public employees in Wisconsin had the right to bargain over much more than wages/salary prior to Act 10. Wisconsin’s Employment Relations statute mirrored federal legislation (Taft-Hartley) that allowed unions to bargain over a broad array of wage and working conditions. Anything economic related to employment was included under that umbrella, so health insurance, pensions, disability insurance, dental insurance and many other economic items were subject to negotiations between the employer and the union.
Importantly, non-economic issues were also subject to collective bargaining between the parties. A grievance procedure was clearly delineated and terms for resolving issues in the event of impasse were established. Typically, such matters were brought before a neutral third-party arbitrator. At one time, the Wisconsin Employment Relations Commission employed more than a dozen full-time staff for the purpose of providing that service to public employers statewide. The importance of the right to bargain a fair grievance procedure that has the potential muscle of a neutral third-party dispute resolution mechanism was a cornerstone of public employee unionism in Wisconsin from 1937 until 2011. We're hopeful that this most recent lawsuit will restore some if not all of what we had.
Here's some of what members said in response to last week's prompt about Collective Bargaining:
Collective bargaining is important because it allows our voice to be heard. It prevents employers from dictating what they view important. It gives the worker a chance to voice our opinion and concerns.
Local 212 did a great job for me and other members on exercising its power of collective bargaining to let us get better wages, benefits and good healthy/working conditions. It also provided me and other members to be among those who share a a sense of unity and solidarity. Because of the union, we all feel a greater sense of of stability in our employment.
Under Act 10, we have limited power to bargaining over base wages, benefits, and grievance procedures. Restoring collective bargaining is important because it will provided us with the missing thunder needed to shake the heavens and above.