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Updated: Wisconsin's Right to Work Law Invalidated


Readers might remember that in March of 2015, Wisconsin became the 25th Right to Work state.  For those not familiar with Right to Work laws, these laws outlaw mandatory union dues as a condition of employment.  It goes without saying that Wisconsin becoming the 25th Right to Work state was was a monumental development, particularly in a state where Republican Governor Scott Walker had long fought the unions (and survived a recall effort, based in part of his anti-union approach).

After it was announced that Governor Walker signed the Right to Work bill into law, the Wisconsin AFL-CIO, Machinists Local Lodge 1061 and United Steelworkers District 2 brought a suit to challenge it.  

On April 8 of this year,  Judge C. William Foust of the Dane County Circuit Court held that the recently enacted Right to Work law in the state was invalid.  Foust based his holding on the fact that under the Right to Work law, "a free-rider problem is born - the ability of nonmembers [of a union] to refuse to pay for services unions are compelled to provide by law [such as collective bargaining]."  In the Judge's opinion, he wrote that a violation of the Wisconsin Constitution occurred since unions are required to represent all workers, prohibiting them from charging non-members for bargaining expenses amounted to a government mandated "taking" of union services without just compensation. 

Not to be outdone, Wisconsin Attorney General Brad Schimel has announced that he will seek a stay and the decision will be appealed.  At this point, I would expect the case to end up before the Wisconsin Supreme Court.  This one is far from over but one that I would certainly suggest readers keep a close eye on.


A copy of Judge Foust's opinion can be found here:  www.will-law.org/wp-content/uploads/2016/04/RTW-SJ-Dec.pdf

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