There are 3 lawsuits regarding Act 10 which gutted collective bargaining rights for most public employees. Below is a summary which is partially based on a Sept. 17, 2012 article in the Wisconsin State Journal.
1. Seven public unions, including AFT-W, AFSCME and WEAC vs. Walker – Judge Conley
- Filed in federal court in June 2011
- Organizations that filed the lawsuit include councils of the American Federation of State, County and Municipal Employees, the Wisconsin State AFL-CIO, the American Federation of Teachers, the Wisconsin Education Association Council, and the Service Employees International Union-Health Care Wisconsin.
- Alleged violation of constitution’s equal protection clause by exempting firefighters and police officers.
- U.S. District Judge William Conley overturned parts of ACT 10 including the requirement for some unions to hold certification elections every year and the prohibition against paycheck dues deduction.
- Both sides appealed decision
- The Walker administration asked for a stay until appeal decided, which was partially granted. No future recertification elections can be required but unions that didn’t seek recertification remain unrecognized.
- Oral arguments before the 7th Circuit Court of Appeals held Sept. 24, 2012.
2. Madison Teachers Inc. and Public Employees Local 61 vs. Walker – Judge Colas
- Filed in Dane County Circuit Court, Aug. 2011
- Argued Act 10 unconstitutional because it capped union workers’ raises but not those of their nonunion counterparts.
- Judge Juan Colas ruled in favor of the unions on Sept. 14, 2012.
- Applies to municipal workers, not state workers.
- Walker administration appealed and asked for a stay.
- Judge Colas still considering whether to stay.
3. AFL-CIO and AFSCME vs. Walker
- Filed in federal court in July 2011
- Alleges Act 10 violated that constitutional rights to freely assemble, free speech and equal protection of about 240 City of Madison workers and 2,440 Dane county workers/
- Alleges Act 10 violates right of equal protection because restrictions don’t apply to some public safety workers’ unions.
- Walker administration filed a motion to dismiss. Awaiting a decision.