Legislating from the Bench: Court Strikes Down Wisconsin Right-to-Work Law 

judge-my-cuz-vinny

Right-to-work laws prohibit businesses and unions from reaching agreements that require all workers, not just union members, to pay union dues. Twenty-four other states have such laws.

Wisconsin’s right-to-work law, championed by Republican Gov. Scott Walker as he was mounting his run for president, was struck down Friday as violating the state constitution.

Wisconsin Attorney General Brad Schimel, also a Republican, promised to appeal the decision and said he was confident it would not stand. Schimel has not made a decision on whether to seek an immediate suspension of the ruling while the appeal is pending, spokesman Johnny Koremenos said.

Wisconsin Gov. Scott Walker Associated Press

“We are confident Wisconsin’s freedom-to-work law is constitutional and will ultimately be upheld.”

Governor Scott Walker, on Twitter

Three unions filed the lawsuit last year shortly after Walker signed the bill into law. Right-to-work laws prohibit businesses and unions from reaching agreements that require all workers, not just union members, to pay union dues. Twenty-four other states have such laws.

The unions argued that Wisconsin’s law was an unconstitutional seizure of union property since unions now must extend benefits to workers who don’t pay dues. Dane County Circuit Judge William Foust agreed.

“Once again, a liberal Dane County judge is trying to legislate from the bench. No one should be forced to join a union or pay union dues as a condition of employment.”

— Assembly Speaker Robin Vos, R-Rochester

He said the law amounts to an unconstitutional governmental taking of union funds without compensation since under the law unions must represent people who don’t pay dues. That presents an existential threat to unions, Foust wrote.

“While (union) losses today could be characterized by some as minor, they are not isolated and the impact of (the law) over time is threatening to the unions’ very economic viability,” he wrote.

Foust noted that no other state court had struck down a right-to-work law on those grounds, but said he wasn’t obligated to follow other states…(read more)

Source: ABC News



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