The Wisconsin Supreme Court unanimously rejected UW Health nurses’ plea for union recognition in a decision released today.
Writing the majority opinion, Justice Brian Hagedorn said the court found Act 10 stripped any collective bargaining rights UW nurses had under the Peace Act.
“When we examine the statutory language along with the statutory history, we conclude that Act 10 ended the collective bargaining requirements formerly placed on the Authority,” Hagedorn wrote.
Attorneys representing Service Employees International Union, which had previously represented UW nurses, argued in February that the court shouldn’t consider statutory history when the Peace Act was clear enough in giving UW Health employees the right to collective bargaining.
The state Supreme Court rejected this notion in its decision today.
Hagedorn said this argument was “simply mistaken and inconsistent with decades of statutory interpretation cases from this court.”
In a statement today, UW Nurses United said this decision does not deter their fight for representation.
“Our fight to restore collective bargaining rights doesn’t end in the courtroom,” UW Nurses United said in a statement. “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.”
UW Nurses United had been represented by SEIU until Act 10, but asked again to be recognized by the UW Authority in 2019. The Wisconsin Employment Relations Commission ruled in 2022 the Peace Act no longer covered UW Health employees, and this decision was upheld by the Dane County Circuit Court last March.
UW Health celebrated the decision in a statement today.
“Today, the Wisconsin Supreme Court upheld the decisions of WERC and the Dane County Circuit Court, ruling that the Wisconsin Peace Act does not apply to UW Health,” UW Health said. “UW Health appreciates the court’s deliberate, diligent and final review.”
Justices Rebecca Dallet and Rebecca Bradley wrote concurring opinions.
