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National Right to Work Foundation defends Wisconsin Act 10 against union challenge

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National Right to Work Foundation defends Wisconsin Act 10 against union challenge
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

The National Right to Work Foundation has filed an amicus brief with the Wisconsin Court of Appeals in the case of Abbotsford Education Association v. Wisconsin Employment Relations Commission. This case, originating from the Dane County Circuit Court, challenges Act 10, a law enacted in 2011 that limits the power of public sector union officials in Wisconsin.

Act 10 includes provisions that prevent union leaders from enforcing contracts that dictate work and compensation terms for state government employees without their consent. It also mandates periodic re-certification votes for union officials to confirm they have majority support among employees. Although the Wisconsin Supreme Court upheld Act 10 as constitutional in 2014, unions believe changes in the court's composition could lead to its overturning.

The Foundation's brief argues that states like Wisconsin can define and limit exclusive representation parameters and that monopoly bargaining powers are not constitutionally required rights. The brief references Smith v. Arkansas State Highway Employees, asserting that the Dane County Circuit Court mistakenly deemed monopoly bargaining a right.

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In addition, the Foundation highlights past legal victories such as Davenport v. Washington Education Association and Janus v. AFSCME, which protect workers from mandatory union dues or fees.

The brief suggests expanding Act 10’s pro-employee provisions rather than striking it down entirely. According to analyses, Act 10 has saved Wisconsin taxpayers approximately $35 billion since its implementation.

Mark Mix, President of the National Right to Work Foundation, stated: “Act 10 is a simple recognition that voters and taxpayers – not unelected union bosses – should be in control of how the public services Wisconsinites fund are managed.” He added that efforts to overturn Act 10 would harm public workers by forcing them into unwanted representation by unions.

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