Evers' Challenge: Reversing Walker's Union Laws In Wisconsin

Wisconsin Governor Tony Evers has been a vocal opponent of his predecessor Scott Walker's anti-union policies. Evers has proposed to repeal Walker-era laws, including Act 10, which has been described as union-busting and has been blamed for the decline of labor unions in Wisconsin. Act 10, passed in 2011, effectively ended collective bargaining for most public unions and has been challenged in court multiple times. Evers' administration has been named as a defendant in lawsuits seeking to reverse Act 10 restrictions, and the governor has supported changes to Walker-era laws, including the restoration of prevailing-wage protections and the reversal of the right-to-work law. Evers' efforts to reverse Walker's anti-labor agenda and strengthen union rights in Wisconsin have been met with resistance from Republicans, who control the state legislature.

Wisconsin's right-to-work law

Unions have universally opposed right-to-work laws, while business interests have lobbied heavily in favor of them. Critics of right-to-work laws argue that they weaken unions by taking from dues-paying union members and giving to "free riders" who want the benefits of union representation without paying for them. They also argue that it is immoral to elevate the idea of getting the union's services for free to a constitutional claim.

In 2015, Wisconsin passed a right-to-work law under then-Governor Scott Walker, which was a key part of his anti-labor agenda. However, in 2019, Governor Tony Evers proposed a repeal of Wisconsin's right-to-work law, seeking to reverse the anti-union and anti-worker provisions enacted under the Walker administration. Evers' proposal was in line with his campaign promises and his commitment to renewing Wisconsin's historic dedication to worker rights.

Despite Evers' efforts, the right-to-work law in Wisconsin has faced legal challenges, with unions suing to reverse Act 10, which imposed restrictions on teachers and other public workers in the state. Act 10, enacted in 2011, effectively ended collective bargaining for most public unions and disallowed the automatic withdrawal of union dues. While the law has withstood multiple legal challenges, the latest lawsuit filed by seven unions in 2023 seeks to overturn it on the grounds that it violates the Wisconsin Constitution's equal protection guarantee.

Prevailing wage protections

Wisconsin Governor Tony Evers has been working to reverse his predecessor Scott Walker's anti-union and anti-worker policies. Walker's Act 10, which was passed in 2011, effectively ended collective bargaining for most public unions by limiting their ability to bargain solely over base wage increases to an amount not higher than inflation. Act 10 also disallowed the automatic withdrawal of union dues, required annual recertification votes for unions, and forced public workers to pay more for health insurance and retirement benefits.

Evers, who was elected on a "Worker Rights" agenda, has proposed a repeal of Wisconsin's right-to-work law and the restoration of prevailing wage protections. This includes a plan to overturn assaults on prevailing-wage protections that were a key part of Walker's second-term agenda. Evers' administration was named as a defendant in a lawsuit by seven unions representing teachers and other public workers, seeking to end the state's near-total ban on collective bargaining.

For the H-2B Temporary Labor Certification and Permanent Labor Certification applications, a valid prevailing wage determination issued by the National Prevailing Wage Center (NPWC) is required. The NPWC also accepts prevailing wage applications for the H-1B, H-1B1, and E-3 programs, where employers must pay the prevailing wage or the actual wage paid to workers with similar skills and qualifications, whichever is higher. The NPWC does not issue prevailing wage determinations for the H-2A Temporary Agriculture Program.

Collective bargaining rights

The National Labor Relations Act (NLRA) protects the right of most workers to engage in collective bargaining activities. The International Labour Organization (ILO) states that collective bargaining is a fundamental right available to all workers. This means that all employees are entitled to present their grievances to their employers and negotiate them. Collective bargaining normally takes place between management and labour union leaders, who are elected by workers to represent them and their interests.

Collective bargaining includes the right to form and join unions, the right to discuss pay and other grievances, and the right to strike. It also prohibits employees from being fired for protected activity. However, certain categories of workers are specifically excluded from the NLRA, including federal, state, and local government employees, and agricultural laborers.

In Wisconsin, Act 10, a 2011 law, effectively ended collective bargaining for most public unions by limiting bargaining to base wage increases no greater than inflation. It also required annual recertification votes for unions and forced public workers to pay more for health insurance and retirement benefits. This law was a signature legislative achievement of former Governor Scott Walker, who used it to mount a presidential run.

In 2024, a court ruling restored collective bargaining rights for Wisconsin public worker and teachers' unions, overturning the restrictions imposed by Act 10. This ruling was a major victory for unions in the state, and Republicans vowed to appeal the decision.

Governor Tony Evers, who replaced Walker in 2018, has proposed reversing Walker's anti-labor agenda, including the repeal of Wisconsin's right-to-work law and the restoration of prevailing wage protections. Evers' administration was named as a defendant in a lawsuit seeking to reverse Act 10, as he opposed the law when he was the state education secretary.

Union finances and bargaining power

Union membership has a well-known effect on the finances of workers, allowing them to earn more and achieve financial security for their families. Research shows that union members benefit from collective bargaining in many ways, including higher wages, better benefits, increased job stability, and safer workplaces. This is especially prominent for the working class, who make up the majority of America's workers.

Union density has declined since 1979, and as of 2022, only about 10% of the overall working-class population are union members. This decline is partly due to the weakening of labor laws that protect workers who want to form unions. If this decline had not occurred, the typical working-class worker would have earned 8% more per week or $3,016 more per year in 2013.

In Wisconsin, former Governor Scott Walker's Act 10 law placed severe restrictions on the collective bargaining abilities of teachers and other public workers, exempting only police and other public safety workers. This law has been challenged in court by seven unions, arguing that it violates the Wisconsin Constitution's equal protection guarantee. Governor Tony Evers, who replaced Walker, has proposed a repeal of the right-to-work law and a restoration of prevailing wage protections, aiming to reverse Walker's anti-labor agenda. Evers' administration was named as a defendant in the lawsuit against Act 10, as it is charged with implementing the law.

The role of finance officers in collective bargaining is crucial, especially in local governments where workforce costs represent a significant portion of their operating budget. Finance officers help quantify costs, determine the effects on different employee units, and evaluate the financial benefits and risks of potential agreements. They also work with other government team members to prioritize bargaining issues and address the short- and long-term financial implications of any proposals.

Worker benefits and workplace safety

In 2019, Wisconsin Governor Tony Evers proposed a repeal of the state's right-to-work law, reversing changes made under former Governor Scott Walker. Evers' platform featured a "Worker Rights" agenda, and he received endorsements from several labor groups. Evers aimed to renew Wisconsin's commitment to worker rights and planned to overturn the right-to-work legislation, which was a part of Walker's anti-labor agenda.

The right-to-work law, also known as Act 10, was a signature legislative achievement of former Governor Scott Walker. It imposed a near-total ban on collective bargaining for most public unions, allowing them to negotiate solely over base wage increases, which could not exceed inflation. Act 10 also required public workers to contribute more towards their health insurance and retirement benefits. Additionally, it disallowed the automatic withdrawal of union dues and mandated annual recertification votes for unions.

The Fair Labor Standards Act (FLSA) ensures that American workers receive a minimum wage for their work, which is currently $7.25 per hour, although some states may have set a higher amount. The FLSA also guarantees overtime pay for nonexempt workers and offers special protections for minors, including limiting work hours for children under 16 and prohibiting certain high-risk jobs for those under 18.

The Occupational Safety and Health Administration (OSHA) is responsible for enforcing workplace safety laws and minimizing risks in American workplaces. They administer the Whistleblower Protection program, ensuring employers cannot retaliate against workers who report injuries, safety concerns, or other protected activities. OSHA also enforces industry-specific guidelines for construction, maritime, and agricultural jobs to enhance workplace safety.

Additionally, the Affordable Care Act, passed in 2010, made health insurance a right for workers in medium- to large-sized businesses. This act requires companies with 50 or more full-time workers to offer a minimal level of health insurance or pay a penalty.

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