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Unanimous Wisconsin Supreme Court blocks UW Health nurses’ unionization, backing Act 10

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Unanimous Wisconsin Supreme Court blocks UW Health nurses’ unionization, backing Act 10


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  • The Wisconsin Supreme Court ruled that UW Health is not legally obligated to recognize its nurses’ union or bargain collectively.
  • Act 10, a 2011 law, effectively ended collective bargaining for most public employees in Wisconsin, including UW Health nurses.
  • The ruling upholds previous decisions by lower courts and the Wisconsin Employment Relations Commission.
  • UW Health nurses argued the hospital operates like a private entity and should be subject to collective bargaining laws, but the court disagreed.

MADISON – UW Health is not legally required to recognize its nurses’ union or engage in collective bargaining, a unanimous state Supreme Court ruled.

“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 (University of Wisconsin Hospitals and Clinics) Authority,” wrote Justice Brian Hagedorn in an opinion released June 27.

The court’s ruling upholds previous decisions by the Wisconsin Employment Relations Commission and a Dane County Circuit Court judge.

It also brings to the fore the lasting impact of Act 10, the 2011 state law engineered by Republican former Gov. Scott Walker that effectively ended collective bargaining for public employees in Wisconsin. Hagedorn, the author of the court’s unanimous opinion, provided legal counsel in the creation and defense of the law, and Jacob Frost, the Dane County judge who previously ruled in UW Health’s favor, appeared to have signed a petition to recall Walker over the law

The Wisconsin Employment Relations Commission ruled in November 2022 that UW Health is not required by law to recognize UW Health nurses’ union or to engage in collective bargaining. The union had been formed a few months prior to the commisssion’s ruling, with help from SEIU Healthcare Wisconsin.

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UW Health nurses’ last union contract expired in 2014. At the time, UW Health said Act 10 — a 2011 state law that eliminated most collective bargaining rights for public employee unions — barred it from negotiating a new contract. Nurses countered that hospital management — acting as an independent body — could choose to recognize the union and bargain with it.

Fueled in part by the effects of the COVID-19 pandemic, nurses’ efforts to unionize also followed cost-cutting measures that raised concerns about staffing and patient care. While UW Health administrators agreed problems existed, they said Act 10 prevented unionization as part of the solution.

UW Health and SEIU petitioned the state’s employment relations commission in 2022 as part of an agreement brokered by Gov. Tony Evers, asking the commission to determine whether the Wisconsin Employment Peace Act applies to the hospital. If the Peace Act — a chapter of state law governing collective bargaining — were determined to apply, UW Health would have to bargain with the union.

Both the commission and a Dane County Circuit Court judge ruled UW Health was not covered under the Peace Act and, as such, not required to work with the nurses’ union.

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Attorneys for the nurses argued to the Supreme Court in February that the hospital functions like a private employer, and therefore should be governed by the Peace Act. UW Health attorneys countered that the legislative intent of Act 10 was clearly understood to dismantle unions and, despite the fact UW Hospitals and Clinics Authority was created in the mid-1990s as a quasi-government entity, lawmakers in passing Act 10 made clear it was included and considered a public entity.

“Taken together, the effect of the legislature’s changes in Act 10 are no mystery. When it created the Authority, the legislature added the Authority as an employer under the Peace Act and imposed numerous other collective bargaining provisions,” Hagedorn wrote. “In Act 10, the legislature eliminated the Authority as a covered employer along with other collective bargaining requirements. We therefore hold that the Authority is no longer covered by the Peace Act and is not required to collectively bargain under the Peace Act.”

Jessica Van Egeren of the Milwaukee Journal Sentinel contributed.

Jessie Opoien can be reached at jessie.opoien@jrn.com.

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(This story has been updated to add new information.)



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Wisconsin Loses Second Bid to Block Tax Exemption in Spat With Catholic Charity

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Wisconsin Loses Second Bid to Block Tax Exemption in Spat With Catholic Charity


The Wisconsin state government lost decisively a second time in what has become a convoluted effort to block a Catholic charity from receiving a long-running state tax exemption.

The Wisconsin Supreme Court on Dec. 15 blocked state Attorney General Josh Kaul’s attempt to fully eliminate an unemployment tax exemption after the U.S. Supreme Court ruled that the Diocese of Superior’s Catholic Charities Bureau was entitled to the tax break.

The U.S. Supreme Court in June had ruled that Wisconsin violated the First Amendment when it denied the tax exemption to the Catholic group on the grounds that the group’s charitable undertakings were not “primarily” religious.

The state responded in October by moving to eliminate the exemption entirely, arguing that the tax break is “discriminatory” and that ending the policy would “avoid collateral damage to Wisconsin workers.”

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In a brief order on Dec. 15, the state’s high court affirmed that the U.S. Supreme Court ruling allows the Catholic charity to access the tax break. The court directed the state Labor and Industry Review Commission to declare the charity eligible for the exemption. 

The religious liberty law group Becket, which has represented the Catholic charity in the legal fight, said in a press release that the Wisconsin Supreme Court had ended the state government’s “crusade” against the Catholic charity. 

“You’d think Wisconsin would take a 9-0 Supreme Court loss as a hint to stop digging,” Becket Vice President Eric Rassbach said. “But apparently Attorney General Kaul and his staff are gluttons for punishment.” 

“Thankfully, the Wisconsin Supreme Court put an end to the state’s tomfoolery and confirmed that Catholic Charities is entitled to the exemption it already won,” Rassbach said. 

The ruling “protects not just Catholic Charities, but every faith-based organization that relies on this exemption to serve the public,” he added. 

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In its June ruling, the U.S. Supreme Court said the First Amendment “mandates government neutrality between religions” and that Wisconsin had failed to adhere to this principle in refusing to issue the tax exemption to Catholic Charities. 

“It is fundamental to our constitutional order that the government maintain ‘neutrality between religion and religion,’” Justice Sonia Sotomayor wrote in the decision. “There may be hard calls to make in policing that rule, but this is not one.”

Justice Clarence Thomas, meanwhile, said that governments “may not use [entities such as a Catholic charity] as a means of regulating the internal governance of religious institutions.”

Following the ruling this week, David Earleywine — the associate director for education and religious liberty at the Wisconsin Catholic Conference — said the Catholic charity has been fighting for the exemption for “decades.”

“[T]rue Catholic charity is inherently religious and cannot be reduced to another secular social service,” he said.

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Insider: Wisconsin Man Charged With Possession Of Virtual Child Pornography

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Insider: Wisconsin Man Charged With Possession Of Virtual Child Pornography


POLK COUNTY (DrydenWire) – An investigation by the Wisconsin Department of Justice, Division of Criminal Investigation, into multiple cybertips from Google about suspected child sexual abuse materials has resulted in felony charges for a Wisconsin Man.

Cody Struemke, age 27, of Amery, WI, is facing nearly a dozen charges for possessing child pornography, including Felony Possession of Virtual Child Pornography.

The criminal complaint against him alleges that Struemke saved a photo from Facebook of juveniles known to him, and digitally edited the photo to make it appear they were nude.

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Wisconsin health professionals share tips to protect against respiratory illnesses

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Wisconsin health professionals share tips to protect against respiratory illnesses


MADISON, Wis. (WMTV) -Respiratory illness season has begun in Wisconsin, with health professionals reporting increased flu cases and higher demand for medications and vaccines.

Over-the-counter medicines are flying off the shelves at Forward Pharmacy in McFarland, according to manager Tony Peterangelo.

“We’ve had to increase like how much of some of that stuff we’ve kept on hand,” Peterangelo said. “We had to make some special orders to really bulk up on some of it too.”

Forward Pharmacy manager Tony Peterangelo filling prescriptions as the respiratory illness season begins.(WMTV/Camberyn Kelley)

Upland Hills physician Benjamin Hecht said the respiratory illness season typically begins after Thanksgiving.

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“As of right now, we are just starting in the last week or two to see some Influenza A. Last year was a pretty tough flu year for us, influenza in Wisconsin. It’s still to be seen how severe of a year this is going to be in 2025-26,” he said.

Respiratory viruses are hard to avoid according to the Upland Hills physician.

“You can wear masks and wash your hands a ton, but you’re going to get exposed to these viruses at some point,” Dr. Hecht said.

RSV poses concern for young children

Dr. Hecht said another concern this season is RSV, particularly for young children with developing immune systems.

“The kids that get this, especially the really young kids, that don’t have a mature immune system, they can get pretty sick from RSV. That’s a particularly scary one. If you’re in a position where you qualify to get that vaccination or perhaps your kids do, please consider that,” Dr. Hecht said.

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Forward Pharmacy is meeting demand for vaccines, which Peterangelo said can help protect against viruses.

“All of that stuff reduces the need to scramble on the back end to get antibiotics and cough suppressants. It doesn’t completely reduce your risk, but it reduces it enough that your likelihood of getting that is down,” Peterangelo said.

Forward Pharmacy is meeting demand for vaccines, which Peterangelo said can help protect...
Forward Pharmacy is meeting demand for vaccines, which Peterangelo said can help protect against viruses.(WMTV/Camberyn Kelley)

The pharmacy has given out dozens of flu and covid shots in a day.

“I would say maybe in the 60 to 80 range,” Peterangelo said.

Dr. Hecht said influenza B will come later in the season. He recommends people with severe respiratory symptoms like breathing troubles to see a doctor.

“The big thing is just living a healthy lifestyle, staying well hydrated, getting good sleep, doing what you can with physical activity and exercise to make sure your immune system is in tip top shape,” Dr. Hecht said.

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According to new CDC data, doctor visits for flu-like symptoms rose to more than 3% in the last two weeks. The majority of flu cases are caused by a mutated strain that causes more severe illness, particularly among older adults.

Click here to download the WMTV15 News app or our WMTV15 First Alert weather app.



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