State commission rules UW Health is not legally required to recognize nurses union, negotiate contract

The state commission that oversees employment relations ruled Friday that UW Health hospital is not required by law to negotiate a collective bargaining contract or recognize its recently created nurses union.

"The Wisconsin Employment Relations Commission just completed its review and concluded that Act 10 eliminated UW Health from coverage by the Wisconsin Peace Act," Emily Kumlien, a UW Health spokesperson, said in a statement. "In other words, it is their opinion that nurses at UW Health cannot obtain mandatory union recognition and collectively bargain a contract under Wisconsin law."

Act 10 was passed in 2011 under then Republican Gov. Scott Walker. The highly contentious bill, which eliminated most collective bargaining rights for public workers, drew thousands of people to the Capitol in protest. James Daley, the commission chairman, was appointed by Walker in 2015.

Despite the ruling, both sides said it was a "first step" in a multistep process that follows a renewed effort by UW nurses to regain union recognition and bargaining rights, post-Act 10.

UW Nurses United will appeal the commission's decision through the courts and petition for a union election with the National Labor Relations Board, according to a statement issued Friday.

UW Health will petition the Wisconsin Supreme Court to obtain legal clarity on whether it is required by law to recognize and collectively bargain with employee union and, if it is not required to, if the hospital can do so voluntarily.

Clarity on these two questions were at the root of an agreement brokered by Gov. Tony Evers in September that averted a three-day strike by the nurses union. The agreement stipulated that the hospital and the nurses union would jointly petition the state employment commission for an answer.

When Walker was defeated by Evers in 2018, the push to find clarity on the ability to unionize intensified.

In the opinion of the nurses, clarity came on June 2 when Wisconsin Attorney General Josh Kaul — at Evers' request after he met virtually with more than 400 nurses — issued a formal opinion that stated University of Wisconsin Hospitals and Clinics Authority, which includes UW Health, can voluntarily engage in the collective bargaining process with its nurses, but it is not required to do so.

And that is the legal rub still standing between the nurses and the hospital's top administrators.

Since a ruling by the commission is not the same as a ruling by the courts, neither side ever viewed a decision by WERC as the final answer.

The agreement brokered by Evers also stipulated the hospital would recognize the nurses union, allowing them to actively recruit members at the hospital and openly talk about union activities. The agreement also included regular "meet and discuss" meetings between the union members and top hospital administrators.

This is the first time any of these types of activities have occurred at the hospital since the passage of Act 10 and the nurses' union contract expiring in 2014.

“The groundbreaking agreement that nurses won in September empowers us with a union voice, and through a ‘meet and discuss’ process we are currently working on urgent improvements in patient care, staffing and retention," said UW Health nurses Mary Jorgensen, Colin Gillis and Sarah Langland in a joint statement Friday. "Hundreds of us have already signed up to become union members and we are meeting directly with the administration to raise critical issues and create real solutions."

The Friday ruling also does not impact existing union membership, the nurses said in the statement.

The agreement that averted the strike is legally binding until Sept. 1, 2025, or six months after all legal avenues have been exhausted to determine if UW Health is required to recognize and collectively bargain with employee unions and, if it is not required to, if the hospital can do so voluntarily.

"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," Kumlien said.

University of Wisconsin Hospitals and Clinics Authority includes UW Health, several clinics in the greater Madison area, East Madison Hospital and the American Family Children's Hospital. It employs 3,400 nurses, with the union estimated to include up to 2,600 nurses.

Jessica Van Egeren is the enterprise health reporter with the Milwaukee Journal Sentinel. She can be reached at jvanegeren@gannett.com.

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin employment commission says no to UW Health nurses union