The Wisconsin Supreme Court’s unanimous decision that UW Health will not be required to collective bargain with its nurses is a landmark ruling for a variety of reasons, but not necessarily the way opponents may desire.

Justice Brian Hagedorn delivered the ruling, affirming a post-Act 10 life for public sector workers facing major obstacles in regards to forming unions and navigating contract negotiations, according to WKOW. Even though legal options have been minimized by the ruling, health care workers are doing their part to create more political avenues, redefining what labor looks like in Wisconsin since collective bargaining rights have been decimated.

The court’s interpretation of Act 10 severs UW Health from actions under the Wisconsin Employment Peace Act, but doesn’t do anything to suppress the voices of labor activists who are protesting for issues surrounding staffing, quality of patient care and general worker treatment, according to WKOW.

According to the Milwaukee Journal Sentinel, the Wisconsin Employment Relations Commission and a circuit court had previously concluded that former Gov. Scott Walker’s 2011 law — now Act 10 — had removed bargaining rights from public workers and removed UW Health from the Peace Act. For health care workers across Wisconsin, however, legal definitions become moot when lives are at stake.

In 2022, UW nurses were on the edge of striking, dealing with major concerns surrounding safe staffing and how workplaces were retaining workers. According to WKOW, Gov. Tony Evers supported them through the process and they reached an agreement with UW Health leadership to allow union members to meet with administrators, a deal that extended into 2027.

While this workaround may seem promising, it doesn’t negate the impact of the Supreme Court’s recent ruling. What it does do, though, is represent the power of what happens when laborers organize outside of the traditional system. Nurses are focused on legislative change, recognition and electoral power — a mission that aligns with a broader rise in labor activism across the U.S.

Across the country, union membership is on the rise, especially with younger workers and in sectors that haven’t seen much structured organizations in the past, according to the Center for American Progress. Employees everywhere from Starbucks and Amazon to hospitals are energizing, frustrated with subpar working conditions and poor wages.

For health care workers, specifically, this battle has life and death implications. Low staffing burns out employees, and frequent turnover directly correlates to patient outcomes. When health care workers are over worked and under paid, patients pay the price, according to the National Institutes of Health. Even from the hospital’s perspective, constant turnover costs money and lowers the reputation of the hospital. It isn’t only about unionizing or higher pay, it’s about the safety of the health care sector as a whole.

UW Nurses United and the Service Employees International Union are prioritizing community building and putting pressure on political powers, according to WKOW. They are moving outside of the hospitals and into political offices and ballot boxes to try and create tangible change for Wisconsin health care workers.

Simultaneously, this ruling raises questions about the future of Act 10 and whether or not Wisconsin lawmakers will ever revisit or edit it. According to the Wisconsin Independent, after a decade of its passage, it is still a controversial law with many arguing it has fueled injustice and weakened the public sector. If the rise in labor power and union support is any indication, this political controversy may shift the outcome once again.

Until then or if that day comes, Wisconsin nurses are bringing about a new model of activism born out of necessity and creativity. They aren’t given a seat at the table, so they are standing up and taking one for themselves. The Supreme Court ruled against them, but it didn’t deter their mission. In fact, it only strengthened their message that they will continue to mobilize, and no ruling will damper their fight.