Public employee collective bargaining rights have been restored by a Dane County judge, who ruled that several sections of Wisconsin’s controversial law known as Act 10 are unconstitutional.
In a final decision issued Monday, Dane County Circuit Court Judge Jacob Frost struck down several sections of the 2011 law passed by Republican lawmakers and signed by former Gov. Scott Walker.
His decision built on a July ruling, which found the law violated the Wisconsin Constitution’s equal protection clause because it allowed unions representing police, firefighters and other public safety workers to collectively bargain with the state, while it removed those rights from other public employees like teachers.
The lawsuit was filed against the Wisconsin Employment Relations Commission and other state agencies more than a year ago by a group of unions representing public employees affected by Act 10.
In his Monday order, Frost chided Wisconsin’s Republican-controlled state Legislature, which intervened in the case and suggested he should not strike down any Act 10 provisions he found unconstitutional in July.
“In reality, the Legislature argues that the Court can only render an empty judgment declaring parts of Act 10 unconstitutional, but can provide no remedy to stop enforcement of those unconstitutional provisions,” Frost said.
With that, Frost said his judgement is effective against the state immediately and requires agencies not to enforce unconstitutional provisions of the...
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