Attorney General Appeals Ruling on Right to Work

Friday, April 8, Dane County Circuit Court Judge C. William Foust struck down 2015 Wisconsin Act 1, Wisconsin’s right-to-work law, concluding that labor unions have a property right to a portion of a worker’s wages. Under 2015 Wisconsin Act 1,

No person may require, as a condition of obtaining or continuing employment, an individual to do any of the following:
  1. Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization.

  2. Become or remain a member of a labor organization.

  3. Pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization.

  4. Pay to any 3rd party an amount that is in place of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of, or employees represented by, a labor organization.”

    Wis. Stat. s.  111.04 (3).

Attorney General Brad Schimel has filed an appeal with the Wisconsin Court of Appeals, District III, and is seeking a stay of Judge Foust’s decision.  A stay, if granted, would allow Act 1 to remain in effect during the appeal.

In his filing, because the State has made a strong showing that it is likely to succeed on appeal, Attorney General Schimel asked for expedited consideration of his motion seeking a stay. He noted 26 states have enacted right-to-work laws and, similar to these other states, Wisconsin’s law will ultimately be upheld as constitutional. 

Read Attorney General Schimel’s memorandum in support of his motion to stay Judge Foust’s judgment.