MADISON, Wis. — UW Health does not have to recognize a union that nurses have fought to restore, according to a ruling from the state's labor commission released Friday.

The decision is a setback for the health care workers who have spent the last few years pushing for recognition. However, the effort is far from over.


What You Need To Know

  • As part of an agreement in September between UW Health and the Service Employees International Union (SEIU) to avoid a work stoppage by nurses, both parties asked the state's labor commission to determine if the hospital can recognize a union and collectively bargain with employees

  • The Wisconsin Employment Relations Commission (WERC) ruled Friday that UW Health does not have to recognize a union according to state law due to changes from Act 10 passed in 2011

  • UW Health plans to petition the state Supreme Court for further legal clarification, as well as to determine if voluntary recognition is allowed

  • Nurses plan to appeal WERC's ruling through the courts and petition the National Labor Relations Board (NLRB)

In September, UW Health and the Service Employees International Union (SEIU) reached an agreement, with the help of Gov. Tony Evers, to avoid a then looming multi-day strike.

Part of the deal included asking the Wisconsin Employment Relations Commission (WERC) to weigh in on whether or not nurses at the hospital can legally have mandatory union recognition.

A ruling from the state agency determined UW Health is excluded from state labor law, commonly referred to as the Peace Act.

SEIU-UWHCA Declaratory Ruling by Anthony DaBruzzi on Scribd

Act 10, which passed in 2011 under former Republican Gov. Scott Walker, removed references to the hospital as part of the Peace Act, thereby eliminating any requirement on the part of UW Health to recognize a union and collectively bargain, according to WERC.

“While we respect WERC, we do not agree with its opinion that UW Health nurses are excluded from the Employment Peace Act,” UW Health registered nurses Mary Jorgensen, Colin Gillis and Sarah Langland said in a statement. “As the Wisconsin Attorney General and labor law experts have asserted, UW Health clearly meets the definition of ‘employer’ under the Act and is therefore covered.”

Regardless of Friday's ruling, UW Health and the nurses who work there acknowledge the decision is merely the first step in a lengthy process. 

Nurses at UW Health hold a February rally near the hospital in Madison, Wis. (Spectrum News 1/Mandy Hague)

The nurses plan to appeal WERC's decision through the courts and petition the National Labor Relations Board (NLRB). They believe their collective bargaining rights can be restored in one of three ways: through the courts, the NLRB, or voluntary recognition from UW Health.

An ability for UW Health to voluntarily engage in collective bargaining was not addressed in the latest decision and will likely need to be sorted out by the courts.

“WERC’s decision is an important first step toward obtaining definitive answers from the Wisconsin legal system on both the question WERC addressed and whether UW Health could voluntarily recognize a union and bargain collectively,” Emily Kumlien, UW Health press secretary, said in a statement. “We believe that an expedited decision on these important legal issues will best allow us to move forward, which is why we are petitioning the Wisconsin Supreme Court for an opinion on these questions.”

The last union contract UW nurses had expired in 2014, after which the hospital administration opted not to negotiate a new agreement and instead cited Wisconsin's prohibition on collective bargaining for most public workers.

Despite the outcome Friday, nurses at UW Health have agreed not to strike until the legal proceedings are finished. Union organization and so-called “meet and discuss” improvements with hospital administrators will continue in the meantime.