Friday, April 8, 2016

Judge Slaps Down Walker's Right to Work Law

By Published:   Updated: 
Wisconsin state capitol
A Dane County judge sided with unions and struck down Wisconsin’s right-to-work law.
The unions, including the Wisconsin AFL-CIO, United Steelworkers and International Association of Machinists, argued the law amounts to an unconstitutional seizure of their property because it allows workers who don’t pay union dues to still receive union benefits.
State attorneys argued the law is constitutional since it technically doesn’t take any money out of union coffers.
Judge William Foust agreed the law amounts to taking the unions’ property without just compensation, and that it violates the state constitution. Laws require that unions provide collective bargaining for the employees, but the state law let employees choose whether they wanted to pay union dues. Foust wrote in his ruling, “Plaintiffs will be obligated to spend treasury — their property — on services for which they cannot legally request compensation. This is enough to establish that unions do have a legally protectable property interest at stake.”
He said while unions are seeing a small drop off in dues now right now, “they are not isolated, and the impact of Act 1 over time is threatening to the unions’ very economic viability.”
Attorney General Brad Schimel and Assembly Speaker Robin Vos (R-Rochester) said the state will appeal:
We are extremely disappointed that the Dane County Circuit Court struck down Wisconsin’s right-to-work law, but we are confident the law will be upheld on appeal.” – Attorney General Brad Schimel
“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.  I’m confident that this decision will be reversed in a higher court and worker freedom will prevail.” – Rep. Robin Vos
Federal courts ruled in favor of similar laws in Michigan and Indiana.
The judge allowed Wisconsin’s law to remain in effect while he considered the arguments.
After Friday’s ruling the Wisconsin AFL-CIO issued a statement reading in part:
Today, the courts put a needed check on Scott Walker’s attacks on working families by ruling that Wisconsin’s Right to Work law is in violation of our state constitution… Right to Work goes against the Wisconsin principles of fairness and democracy and hurts all of Wisconsin by eroding the strength of our middle class. Right to Work has always been unjust, now it’s proven unconstitutional.” — Phil Neuenfeldt, Wisconsin AFL-CIO president
Wisconsin Manufacturers & Commerce, which represents businesses, called the decision a “loss for workers who will be forced to pay dues to a union against their will.”
The judge’s ruling is an act of blatant judicial activism that will not withstand appellate review. Judge Foust came to the absurd and legally untenable conclusion that labor unions have a property right to the wages of workers.”
The Democratic leaders in the Senate and Assembly, accused the majority party of doing little to help workers or improve the state’s economy:
This ruling is a victory for workers’ rights and middle class families… Middle class Wisconsin workers are in crisis and so-called ‘Right to Work’ laws have been shown to drive down wages and economic growth.” – Assembly Minority Leader Peter Barca (D-Kenosha)
“Everyone knew that ‘Right to Work’ laws would drive down family wages and interfere in private business contracts. Now we also know that this special interest attack on working families and locally-owned businesses is unconstitutional… Rather than wasting taxpayer dollars to defend the wishes of out-of-state special interest groups, the Department of Justice should side with Wisconsin families and allow this ruling to stand.” – Senate Minority Leader Jennifer Shilling (D-La Crosse)

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