A state appeals court has upheld a circuit court ruling against a Wisconsin Employment Relations Commission decision to deny two public employee unions an election to recertify their standing.

The Wisconsin Association of State Prosecutors, representing assistant district attorneys, and the Service Employees International Union Local 150, representing food service and custodians in Milwaukee Public Schools and the St. Francis School District, sought to recertify their unions in September 2014.

The Act 10 state law requires annual recertification elections for state and municipal employees. The commission's rules require filing for recertification by the end of business on Sept. 15. The two unions missed the deadline in 2014 by about an hour and the commission denied their recertification.

A Milwaukee County Circuit Court judge reversed the commission's decision in July 2015.