Wisconsin Appeals Court Upholds Act 10 Collective Bargaining Limits

The Wisconsin Court of Appeals upheld Act 10 on July 30, 2026, in a 2-1 decision that restored a 2011 law restricting collective bargaining rights for most public employees. The ruling overturned a December 2024 decision by Dane County Circuit Judge Jacob Frost, who had declared the law unconstitutional. The appeals court determined that the law's exemptions for specific public safety workers did not violate the equal protection guarantees of the Wisconsin Constitution.

Writing for the majority, Judge Mark Gundrum stated that courts must defer to the legislature's fiscal policy decisions and respect existing precedents. Judge Lisa Neubauer dissented, arguing that the law created arbitrary distinctions between public safety and general employees. In a concurring opinion, Judge Shelley Grogan questioned the timing of the lawsuit, suggesting it was an attempt to advance a political agenda following changes in the court's composition.

Because the lower court's ruling had been stayed, Act 10 remains in effect, limiting bargaining to base wage increases tied to inflation and requiring annual recertification votes. Former Governor Scott Walker praised the decision as a victory for taxpayers. Unions, including SEIU Wisconsin and the International Brotherhood of Teamsters Local 695, expressed confidence in their case and are expected to appeal to the Wisconsin Supreme Court. That court currently maintains a liberal majority, which is set to increase to 5-2 in August with the addition of Justice-elect Chris Taylor.