Updated October 26, 2023
Bill to Repair WERC Decision in Racine Signed by Gov. Evers!
2023 Senate Bill 120
2023 Wisconsin Act 34
On July 6, 2022, the Wisconsin Employment Relations Commission (WERC) issued a decision dealing with retiree health insurance in Racine that impacts the rights and benefits afforded to law enforcement officers and firefighters throughout the state. Not only did the WERC declare that retiree health insurance is a prohibited subject of bargaining, it concluded the same for contractual provisions dealing with dependent and survivor health care as well. Most disturbingly, the Commission reached that conclusion by ruling that a public employer has no duty to bargain over the existence of a health insurance plan. In other words, according to the WERC, since employers have the unilateral authority to determine the design of health insurance plans under statutory changes made a decade ago by Gov. Walker and the legislature, they can freely decide not to provide insurance at all. The WERC further reasoned that if an employer decides to provide health insurance, only then do they have a legal obligation to bargain over the employees’ share of the costs of the premiums of that health insurance.
The day after the WERC issued its ruling, the WPPA immediately filed an appeal of the decision with the circuit court in Dane County, along with a request that the court issue an order to prevent the WERC decision from being enforced until such time as our appeal can be decided. After nearly a year of oral arguments and briefs on the matter, the Dane County Circuit Court granted our request to stay the WERC’s decision until the court rendered a determination on its legality. On October 30, 2023, the circuit court formally vacated the WERC’s ill-founded decisions. This was a momentous victory for law enforcement officers throughout the state, as it not only protects those officers working under contracts that provide retiree health insurance, but it safeguards every officer’s general right to health insurance benefits. The importance of this issue to officers and their families cannot be understated.
Simultaneous with our efforts to wage a legal challenge to the WERC decision, the WPPA worked with lawmakers and other interested stakeholders to get legislation proposed to correct and overrule the WERC decision. On March 8, 2023, that bill was formally introduced. Specifically, this bill clarifies the existing statute regarding health care plans for public safety employees by specifying that the existence of health care coverage, and who is covered by that coverage, is subject to bargaining between a municipality and public safety employees.
The legislature formally approved that measure, which was signed by Gov. Tony Evers October 25. The law officially takes effect October 26, but the “legislative intent” provision of the law indicates that it is meant to clarify 2011 Wisconsin Acts 10 and 32.
This entire ordeal is an outstanding example of the WPPA’s ability to act swiftly and decisively to protect its members’ interests in multiple fronts. While the horrendous decision arising out of Racine stemmed from the strategic bungling of the law firm that represents the local fire fighters in Racine, the WPPA led both the legal challenge and the legislative action needed to correct it.
This is a proud day for our organization and our collective ability to represent Wisconsin’s law enforcement community.
To the extent that anyone has any questions regarding this outstanding development, please do not hesitate to .
Thank you.
Jim Palmer
Executive Director