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Seventh Circuit Court of Appeals Upholds Wisconsin's Right to Work Law


Yesterday, the Seventh Circuit Court of Appeals upheld Wisconsin's right to work law, marking a major victory for Republican Governor Scott Walker and pro business groups in the state.  The law, originally approved in 2015, ended the ability for unions to establish labor contracts that required all employees in certain jobs to pay union fees even when those employees did not belong to the union.  

Two local affiliates of the International Union of Operating Engineers (IUOE) sued over the legality of the law on the grounds that it violated federal labor laws and a portion of the Fifth Amendment (arguing that the right to work law prevented unions from collecting payment for services they were legally required to provide to non-union employees).

In September of 2016, U.S. District Judge J.P. Stadtmueller upheld Wisconsin's law on the grounds that it was similar to Indiana's lawful right to work law and therefore not in violation of federal labor law or the Constitution.  Judge Stadtmueller subsequently dismissed the lawsuit and the two IUOE affiliates appealed.  In its decision yesterday, Seventh Circuit Court of Appeals Judge Joel Flaum wrote that no compelling reason was given to revisit the ruling upholding Indiana's right to work law.  Consequently, there were insufficient grounds to contest Wisconsin's right to work law and the dismissal from the lower court had been proper.  Interesting to note that the Seventh Circuit's decision was unanimous with Judge Michael Kanne and Judge Frank Easterbrook joining the decision.

After the Seventh Circuit's decision was announced, the union's attorney Scott Kronland maintained that while he believed the Court's decision was improper, the union was still considering what to do next.  Although they might seek to have the United States Supreme Court rule on the case, I find it hard to see how the Supreme Court would take this up.  With as busy as the Court's docket is, and a possible upcoming conservative tilt to the Court's makeup, I do not think this case is likely to proceed further.


 

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