On March 30, 2012, a Western District of Wisconsin federal judge issued a decision in the case of Wisconsin Education Association Council v. Walker which involved a lawsuit filed by several unions representing public employees who sought to overturn 2011 Wisconsin Act 10 (Act 10 or BRB) on constitutional grounds.
The opinion and order upholds Act 10s core provisions limiting collecting bargaining for general municipal employees, but overturns the provisions of Act 10 requiring annual recertification of general municipal employee unions and preventing municipal employers from deducting union dues from the earnings of general municipal employees. The court eliminated the requirement of annual mandatory recertification of general municipal employee unions effective immediately. The court entered an injunction requiring a return to automatic dues deductions for all members of public unions no later than May 31, 2012 in anticipation of an appeal on this issue.
As Wisconsin Counties Association General Counsel, we have put together an executive summary of this decision, as well as comprehensive analysis of the decision. Read memo here.
If you have any questions regarding this decision, please do not hesitate to contact Phillips Borowski at info@phillipsborowski.com or at 262.241.7788.