Unanimous ruling says state law doesn’t require UW Health to bargain with labor unions
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Wisconsin Supreme Court rules UW Health doesn’t have to bargain with nurses union
UW Health does not have to collectively bargain with a Madison nurses union, the Wisconsin Supreme Court says. The ruling deals a blow to the Service International Employees Union, or SEIU. The nurses argued that Act 10, the 2011 law that drastically limited the powers of public employee unions in the state, did not apply to their union. A separate lawsuit challenging the constitutionality of Act 10 is all but certain to eventually reach the Supreme Court. The union said the ruling was disappointing but that “we are not deterred.’ “Our fight to restore collective bargaining rights doesn’t end in the courtroom,” the union said. “We will continue to explore all possible pathways to restoring our full collective bargaining Rights,’ the union added.
The legal challenge from the union claimed a strict reading of 1995 law called the Wisconsin Employment Peace Act required the public authority overseeing UW Health to negotiate with nurses. The nurses argued that Act 10, the 2011 law that drastically limited the powers of public employee unions in the state, did not apply to their union. Writing for the majority, conservative Justice Brian Hagedorn said that argument “strains credulity.”
“These statutory changes tell a straightforward story,” Hagedorn said. “The Legislature ended mandatory collective bargaining for the Authority under the Peace Act by removing the collective bargaining obligations it created in 1995.”
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The ruling deals a blow to the Service International Employees Union, or SEIU, and stems from a 2022 agreement with the University of Wisconsin Hospitals and Clinics Authority that recognized the union in order to avoid a strike. That same year, the Wisconsin Employment Relations Commission declared the Peace Act does not apply to the UW Health authority.
The union had been phased out in 2014 following the passage of Act 10. But nurses with UW Health revived the union in 2019 and demanded it be recognized by the UW authority.
In a statement following the court’s order, the union said the ruling was disappointing but that “we are not deterred.”
“Our fight to restore collective bargaining rights doesn’t end in the courtroom,” the union said. “We will continue to explore all possible pathways to restoring our full collective bargaining rights, including seeking voluntary recognition and passing legislation, to ensure that all of us, no matter who we are or where we work, have a seat at the table and a voice in our workplace.”
A statement from UW Health said the 2022 agreement to avoid the strike was aimed at jointly pursuing “an answer to whether nurses at UW Health can legally collectively bargain with the health system.”
“Today, the Wisconsin Supreme Court upheld the decisions of WERC [Wisconsin Employment Relations Commission] and the Dane County Circuit Court, ruling that the Wisconsin Peace Act does not apply to UW Health,” the statement said. “UW Health appreciates the court’s deliberate, diligent and final review.”
During oral arguments before the Supreme Court in February, SEIU attorney Tamara Packard asked justices for a strict reading of the Peace Act, which she argued shows the “state’s public policy is to encourage collective bargaining.” Hagedorn and fellow conservative Justice Rebecca Bradley bristled at the suggestion the court ignore the impact of Act 10.
A separate lawsuit challenging the constitutionality of Act 10 is all but certain to eventually reach the Supreme Court. In December, a Dane County Circuit Court judge struck down several sections of the law. That decision was appealed by the Republican-controlled Wisconsin Legislature, but attorneys representing the teachers’ union behind the lawsuit asked the Supreme Court to take it up directly in order to skip the state court of appeals. Supreme court justices denied the request.
Friday’s rejection of the nurses’ union lawsuit is the third unanimous decision from the court on high-profile issues this year. Earlier this month, justices united and upheld Wisconsin Attorney General Josh Kaul’s authority to settle some lawsuits on behalf of the state. In February, a unanimous court ruled against Republican lawmakers who were trying to fire Wisconsin Elections Commission Administrator Meagan Wolfe.
Wisconsin Supreme Court rules UW Health not required to recognize nurses’ union
In a unanimous decision Friday, the Wisconsin Supreme Court ruled UW Health is not required to recognize a nurses’ union or engage in collective bargaining. In June, Justice Brian Hagedorn said that Act 10, a 2011 law passed under former Republican Gov. Scott Walker, ended those requirements. It’s backed by previous rulings in 2022 and 2024 from the Wisconsin Employment Relations Commission and the Dane County Circuit Court. The hospital system is part of the University of Wisconsin-Madison and employs 21,000 people.
What You Need To Know In a unanimous decision Friday, the Wisconsin Supreme Court ruled UW Health is not required to recognize a nurses’ union or engage in collective bargaining
In the opinion released June 27, Justice Brian Hagedorn said that Act 10, a 2011 law passed under former Republican Gov. Scott Walker, ended those requirements
It’s backed by previous rulings in 2022 and 2024 from the Wisconsin Employment Relations Commission and the Dane County Circuit Court, respectively
In the opinion released June 27, Justice Brian Hagedorn said that Act 10, a 2011 law passed under former Republican Gov. Scott Walker, ended those requirements.
It comes after the Wisconsin Employment Relations Commission made the same ruling in 2022, that said Act 10 eliminated UW Health coverage under the Wisconsin Peace Act. In March 2024, the Dane County Circuit Court upheld that decision.
After the WERC decision, UW Health vowed it would bring a petition to the state’s highest court for an opinion, which came down Friday.
“UW Health appreciates the court’s deliberate, diligent and final review,” UW Health officials said in a statement.
UW Nurses United said in a statement that it was “disappointed” by the decision, but that it’s “not deterred.”
“Working people across Wisconsin have been fighting to rewrite the rules that have prioritized corporations and billionaires over working people for decades, and while the fight has not been easy, we continue to make progress. Our fight at UW is no exception,” it said in a statement.
“Our fight to restore collective bargaining rights doesn’t end in the courtroom. We will continue to explore all possible pathways to restoring our full collective bargaining rights, including seeking voluntary recognition and passing legislation, to ensure that all of us, no matter who we are or where we work, have a seat at the table and a voice in our workplace,” the statement continued.
The hospital system is part of the University of Wisconsin-Madison and employs 21,000 people at seven hospitals and more than 80 clinics.
Read the full decision below:
The Associated Press contributed to this report.