Posts tagged Act 10
Commentary: Are Unions Rising from the Political Grave?
September 21, 2026 // Here again, however, there may be less than meets the eye. Despite its surprising bipartisan support, the FLCA would raise significant constitutional questions if enacted. By relying on a government-mandated arbitration panel to resolve labor disputes, the law effectively empowers the state to impose contractual terms on private parties—a form of what constitutional lawyers call “state action.” As attorneys Alex MacDonald and Vinnie Vernuccio observe: “[S]tate action opens the door to a slew of constitutional requirements and restrictions, notably to protect rights of free speech and association.”
Unions ask Supreme Court to affirm judge who found Act 10 unconstitutional
August 19, 2026 // The plaintiffs filed their state Supreme Court appeal Monday. They include unions affiliated with the Wisconsin Education Association Council, the American Federation of Teachers, the American Federation of State, County and Municipal Employees, the Service Employees International Union and the Teamsters. Act 10, one of the signature laws passed early in former Gov. Scott Walker’s two terms, ended collective bargaining rights for most state and local employees, making an exception for certain public safety employees. The law survived a series of court challenges in the years immediately after its passage.
Court of Appeals Sides with WILL in Act 10 Case
August 2, 2026 // The Wisconsin Institute for Law & Liberty (WILL) secured a significant victory at the Wisconsin Court of Appeals after they upheld Act 10 in Abbotsford Education Association v. WERC. WILL represented a teacher who supported and benefited from the law signed by Governor Scott Walker in 2011. The Quote: Lucas Vebber, WILL Deputy Counsel, stated, “WILL has fought to protect Act 10 since its enactment because of the substantial benefits provided to taxpayers and local governments. For 15 years, various legal challenges have been unsuccessful, because ultimately this is a law signed by the Governor and passed by a duly elected legislature which meets all constitutional requirements. As this case likely heads to the Wisconsin Supreme Court, we stand ready to make the case once again.”
Appeals court overturns ruling declaring Act 10 unconstitutional
July 30, 2026 // The Wisconsin Supreme Court is weeks away from the investiture of Appeals Court Judge Chris Taylor as its newest member. Taylor joining the Court gives liberals a 5-2 majority on the panel. However, Justice Brian Hagedorn has already recused himself from previous procedural decisions involving this case because he served as Walker’s legal counsel and played a major role in writing Act 10. If the Supreme Court were to take up the case, it’s likely a final decision wouldn’t be reached until after November’s elections and the inauguration of a new governor and start of a new legislative session in January. With Democrats hopeful they’ll be able to win trifecta control of state government, the actions of the other two branches of government could render the lawsuit moot.
Report: The diminishing power of teacher unions
May 29, 2026 // The result is A Crowded Table: Teacher Union Strength in 2026. Building on our original study, the authors set out to gauge teacher union strength in each of the 50 states and the District of Columbia (D.C.). Collectively, the 59 measures—which include 29 new measures that were not in the original report—seek to quantify union strength in five key areas: Resources and Membership; Involvement in Politics; Labor and Bargaining Policies; Policy Wins and Losses; and Perceived Influence, which draws from an original survey examining how stakeholders in each of the 50 states and D.C. perceive teacher union strength today. The states with the strongest teacher unions are Vermont, California, Massachusetts, New Jersey, and Hawaii. The states with the weakest teacher unions are Arkansas, Oklahoma, Tennessee, North Carolina, and Mississippi. (See our interactive table on the report website for the overall rankings alongside the rankings for each of the five areas.)
Wisconsin Reined in Public Sector Unions. Now Those Reforms Are in Jeopardy.
April 12, 2026 // According to a recent analysis by the Center for Economic Policy and Research (CEPR), Wisconsin has seen the sharpest decline in union membership rates of any state in the country over the past 40 years. While the number of union members has declined nationwide in recent decades as America has transitioned to a more service-based economy, Wisconsin's decrease has been particularly notable, especially since it historically had been one of America's most unionized states. Act 10 played a large role in the drop. Wisconsin's public sector union membership rates saw "by far" the largest decline—at close to 29 percent—of any state, according to CEPR's report. "Wisconsin's steepest losses," the report notes, "coincided with the 2011 passage of Wisconsin Act 10."
Opinion: Unions are on a comeback. Americans are paying the price.
April 2, 2026 // So far, the union comeback has mostly been confined to courthouses and state legislatures. Membership hardly budged last year, rising from 9.9 percent of U.S. workers in 2024 to 10 percent in 2025. Yet if more states continue to mandate collective bargaining for public-sector workers — or decide to repeal right-to-work statutes for the private sector — rates can be expected to rise in those jurisdictions. If workers at a unionized shop are forced to pay dues regardless of their membership status, more will opt in as the financial incentive to remain unorganized slips away.
Wisconsin saw steepest decline in union membership over 40-year period, report finds
March 30, 2026 // . “The only thing they could bargain on was their pay, and that was limited by law to never exceed the rate of inflation.” All of that, paired with a new requirement for every union to hold a recertification vote every year, means “many, many public-sector unions simply vanished,” Heywood said.
Op-ed: Ohio needs to wrest control of public schools from the teachers’ un
August 25, 2025 // Bureaucratic schools where merit doesn’t matter. Unions have used their clout, including their ability to elect pro-union school boards, to secure lengthy, incredibly detailed employment contracts that advance their interests while tying up school leaders with red tape. These contracts include job protections (even for incompetent teachers), onerous procedural hoops that schools must follow to evaluate or discipline an employee, and benefits that exceed what many private sector employees enjoy (e.g., generous healthcare, even for retirees, and paid leave). Moreover, following a union-supported state law, these contracts require Ohio teachers to be paid according to rigid salary schedules that reward seniority and degrees instead of classroom effectiveness and individual talent—a merit-based approach to compensation that has proven to benefit students in the (few) places where it has been tried. Escalating spending.
National Right to Work Foundation Files Legal Brief Defending Wisconsin Act 10 as Union Bosses Seek to Regain Coercive Powers
July 10, 2025 // The Foundation’s amicus brief also states that the Dane County Circuit Court failed to consider whether, instead of striking down Act 10 as a whole, it could have expanded the statute’s pro-employee liberty provisions to cover all public departments to correct the alleged imbalances the court perceives in the law. “[T]he Circuit Court could have expanded the protection of Act 10’s re-certification requirements to all public employees in the State,” the brief says. In addition to Act 10’s benefits for independent-minded public workers, public spending analyses indicate that the law has relieved Wisconsin taxpayers from the enormous financial weight of wasteful union contracts. Some estimates show that Act 10 has saved the state roughly $35 billion since it was enacted.