Abbotsford et al v. WI Employment Relations Commission et al

No. 2023CV3152

In 2011, Gov. Scott Walker signed Act 10, which Act fundamentally changed the landscape of Wisconsin’s decades-old system of public-sector labor relations.

We, representing public worker and teacher unions, assert that Act 10’s division between public safety employees and general employees violates the Wisconsin Constitution’s equal protection guarantee.

The suit was brought by Abbotsford Education Association, American Federation of State, County and Municipal Employees, Local 47, American Federation of State, County and Municipal Employees, Local 1215, Ben Gruber, Beaver Dam Education Association, Matthew Ziebarth, SEIU Wisconsin, Teaching Assistants’ Association, Local 3220, American Federation of Teachers, and International Brotherhood of Teamsters Local No. 695, represented by Law Forward and Bredhoff & Kaiser.

Case Timeline


CASE CATEGORY:
Good Governance

JURISDICTION:
Dane County Circuit Court

CASE STAGE
Win

May 3, 2024

Brief filed.

July 5, 2024

Judge Frost’s decision held that Act 10 is unconstitutional based on the challenge brought by public worker and teacher unions who asserted that Act 10 breaches the Wisconsin Constitution’s guarantee of equal protection

Jeff Mandell said, “This decision is both long-awaited and long overdue. The ability to organize empowers workers to negotiate collectively for better wages, benefits, and working conditions—for better lives. It provides a unified voice to address critical workplace issues like safety, job security, and protection from discrimination. The right to join together to form a union is a fundamental American value, deeply rooted in our history and democratic principles. By negotiating collectively, unions of working people embody freedom of association and the pursuit of justice and equality. By coming together in a union, Americans have ensured fair labor practices and fought exploitation, upheld ideals of fairness, and showed that everyone has a chance to earn a good living and make a good life. This decision recognizes the “golden rule” of treating others like we want to be treated and opportunity for all, reflecting core American values of democracy and equality. As an organization dedicated to protecting and strengthening democracy, we are proud to have been a part of this important case. Today is a good day for freedom, democracy, and for Wisconsin’s constitution.”

August 30, 2024

Reply brief filed.

December 2, 2024

Dane County Circuit Court Judge Frost ruled that Act 10, which took away collective bargaining rights from Wisconsin’s public employees, is unconstitutional under the state’s equal protection clause. Judge Frost explained in his order why he had to strike down all restrictions Act 10 imposed on general employee unions. 

This historic decision means that teachers, nurses, librarians and other public-sector workers across the state will once again have a voice in the workplace. Every Wisconsin family deserves the chance to build a better future through democratic participation in a union. As an organization dedicated to protecting and strengthening democracy, we are proud to have been a part of this important case.

January 17, 2025

We filed a petition urging the Wisconsin Supreme Court to bypass the Court of Appeals and resolve the appeal this spring. Doing so is essential to gain clarity on the rights of hundreds of thousands of public employees and the framework for collective bargaining in Wisconsin.

February 12, 2025

Motion to bypass petition was denied.