Wisconsin Supreme Court Rules Against UW Health Nurses’ Union Bargaining Rights

MADISON, Wis. — The Wisconsin Supreme Court ruled on Friday that UW Health is not legally required to engage in collective bargaining with its nurses’ union, the Service Employees International Union (SEIU). This unanimous decision follows closely from the state’s Act 10, passed in 2011, which severely limited collective bargaining rights for public employees in Wisconsin.

Justice Brian Hagedorn delivered the court’s opinion, stating that the legislative changes introduced by Act 10 conclusively removed UW Health from obligations under the Wisconsin Employment 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.

The conflict began when SEIU sought to preserve its bargaining rights under the Wisconsin Employment Peace Act, arguing that UW Health, as a public authority, should still be subject to the law. However, both the Wisconsin Employment Relations Commission (WERC) and a Dane County Circuit Court judge ruled similarly to the Supreme Court that Act 10 exempted UW Health from collective bargaining obligations.

Mary Jorgensen, a veteran nurse at UW Health, expressed disappointment at the ruling but affirmed the union’s commitment to pursuing collective bargaining rights. “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,” Jorgensen stated.

In a statement, UW Nurses United of SEIU Wisconsin highlighted their resolve, saying, “We are fiercely determined and confident that we will win concrete positive change to ensure the highest standards for jobs and patient care for Wisconsin.” Conversely, UW Health remarked that they appreciate the court’s thorough review of the matter.

The 2022 decision to involve WERC stemmed from an agreement designed to avoid a strike by the nurses, though the union was not formally recognized in that agreement. Nurses previously secured an agreement that facilitated discussions with management on various issues, including staffing and pay, despite the lack of collective bargaining rights.

As the ruling marks a significant legal determination on this contentious issue, it continues to highlight the broader implications of Act 10 on public employee unions in Wisconsin. The SEIU remains undeterred in its quest, indicating plans for further advocacy to secure their rights.