Wisconsin’s 2011 law that sharply limited collective bargaining for most public employees, known as Act 10, is poised for a decisive showdown as the November 3 election approaches and the state’s liberal‑leaning Supreme Court prepares to hear a key case.
Election stakes
Republican U.S. Rep. Tom Tiffany, the GOP candidate for governor, has defended Act 10, arguing that repealing it would shift a larger financial burden onto taxpayers. Tiffany voted for the law while serving in the state Legislature. His Democratic opponent, Milwaukee County Executive David Crowley, is calling for a full repeal.
Because a governor cannot overturn Act 10 unilaterally, the outcome also hinges on which party controls the Wisconsin Senate and Assembly. Democrats are aiming to regain both chambers for the first time since 2010, adding another layer of importance to the upcoming legislative races.
Legislative perspective
Democratic Senate leader Sen. Dianne Hesselbein (D‑Middleton) said Senate Democrats support restoring collective bargaining rights. The caucus is still debating how to address public‑employee health‑insurance and pension contributions that increased under Act 10.
“Collective bargaining works for the state of Wisconsin,” Hesselbein said, citing examples from Dane County and expressing optimism about seeing the practice return statewide.
Court challenge
A lawsuit heading to the Wisconsin Supreme Court could further reshape the law. If the court upholds a 2024 Dane County Circuit Court decision that struck down portions of Act 10, some restrictions on public‑sector collective bargaining could be overturned. The Court of Appeals reversed that ruling in July, setting the stage for a Supreme Court showdown.
Public opinion
According to an Aug. 26 Marquette Law School poll conducted after the Aug. 11 primary, 54 % of registered Wisconsin voters want collective bargaining restored to pre‑Act 10 levels, while 43 % prefer to keep the law as is. The split is stark along party lines: 84 % of Democrats favor restoration, compared with 65 % of Republicans who oppose repeal. Independents are nearly evenly divided, with 50 % supporting repeal and 46 % favoring restoration.
Impact of the law
Act 10 eliminated most collective bargaining for public employees, required higher contributions to pensions and health insurance, and imposed stricter union certification rules. Exceptions remain for public‑safety unions representing police and firefighters.
Policy analyst Jason Stein of the Wisconsin Policy Forum explained that before Act 10, local governments, state agencies, and school districts were required to negotiate with unions over wages, benefits, and working conditions, with disputes resolved through arbitration or mediation. The law now allows many public employers to unilaterally adjust benefits, giving them an “upper hand” in negotiations.
Act 10 also mandated annual union recertification elections, counting non‑voters as “no” votes. Stein noted this made it difficult for unions to retain certification, leading many to disband.
Union membership decline
Public‑sector union membership in Wisconsin fell by nearly 29 percentage points between 1985 and 2025, the steepest decline of any state, according to the Center for Economics and Policy Research. Membership dropped from 46.6 % in 2010 to 18.5 % in 2025, a trend that coincided with the passage of Act 10.
Potential consequences of repeal
University of Wisconsin‑Madison professor Michael Childers warned that even if Act 10 were repealed, certified unions could resume bargaining immediately, but many organizations that lost certification would need to reorganize and rebuild bargaining expertise after more than a decade of inactivity.
Republican officials, including Rep. Tiffany, caution that a full repeal could raise costs for taxpayers. Tiffany cited a study by the conservative law firm Wisconsin Institute for Law and Liberty estimating a $2 billion annual increase in taxes to cover higher health‑care and pension contributions and to avoid “devastating cuts” to local services.
Looking ahead
As Wisconsin voters head to the polls on Nov. 3, the combined forces of electoral outcomes, legislative control, and the Supreme Court’s decision will determine whether Act 10 remains in place or is rolled back, reshaping the state’s public‑employee landscape for years to come.
Original reporting: Wisconsin Watch — read the source article.
