Wisconsin Appeals Court Reinstates Act 10, Blocking Public Workers' Bargaining Rights
A Wisconsin appeals court reversed a ruling restoring public workers' collective bargaining rights.
Why it matters: This ruling impacts labor law practitioners and public employers navigating union relations and compliance. It highlights ongoing legal and political battles over public sector labor rights in Wisconsin.
- On July 29, 2026, a Wisconsin appeals court upheld Act 10, reversing a 2024 lower court ruling.
- The 2-1 decision ruled Act 10 does not violate equal protection under Wisconsin's Constitution.
- Act 10 limits collective bargaining and requires higher contributions from public employees for benefits, cutting union influence.
- Unions plan to appeal to the Wisconsin Supreme Court, which has a liberal majority since 2023.
On July 29, 2026, a Wisconsin appeals court reinstated the controversial 2011 anti-union law known as Act 10, overturning a lower court ruling from 2024 that had declared the law unconstitutional. The 2-1 decision held that Act 10 does not violate the equal protection clause of the Wisconsin Constitution and upheld the Legislature's exemption of public safety workers from the restrictions.
Act 10, introduced by then-Governor Scott Walker in 2011, curtailed collective bargaining rights for most public employees, forcing them to contribute more toward health care and retirement benefits. It also precipitated a significant decline in public employee union membership and sparked weeks of protests, making Wisconsin a national flashpoint in the debate over public sector union power.
The 2024 lower court ruling that struck down Act 10 had been stayed pending appeal, so the law remained in effect during the prolonged legal process. Judge Shelley Grogan, concurring with the appeals court majority, suggested the lawsuit's timing was politically motivated by the 2023 shift to a liberal majority on the Wisconsin Supreme Court. Meanwhile, dissenting Judge Lisa Neubauer argued the law unfairly discriminates among public employees.
Unions have announced plans to appeal the appellate court's ruling to the Wisconsin Supreme Court, where the current liberal majority may reconsider the case. Meanwhile, all Democratic candidates for governor have pledged to repeal Act 10 if elected.
This latest ruling maintains the legal restrictions on public workers' ability to negotiate wages and benefits, intensifying the contentious political and legal battles surrounding labor rights in Wisconsin's public sector.
By the numbers:
- 2-1 — Appeals court decision on July 29, 2026, reinstating Act 10
- 2011 — Year Act 10 was introduced by Governor Scott Walker
- 2023 — Year Wisconsin Supreme Court gained liberal majority
Yes, but: The appeals court ruling could be overturned by the Wisconsin Supreme Court, which has a liberal majority that may be more favorable to unions.
What's next: Unions plan to appeal to the Wisconsin Supreme Court; timing for review is currently unknown.