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No Stay For Right-To-Work Law, Judge Rules

Unions Sought To Block Law's Implementation As Legal Proceedings Play Out

Signs at a right-to-work protest
Sarah Mittermaier (CC-BY-NC)

A Dane County Judge has decided not to block Wisconsin’s right-to-work law from taking effect while a lawsuit against it proceeds.

Unions wanted Dane County Judge William Foust to issue a preliminary injunction that would block Wisconsin’s right-to-work law immediately. The new legislation bans mandatory union dues at private sector employers.

Union attorney Frederick Perillo said it would force labor to represent workers even though they don’t pay for it.

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“We alone are being asked by the State of Wisconsin to work for others for free.”

But lawyers for the state argued that right-to-work laws had been upheld repeatedly in other courts. Judge Foust said unions might prevail in this lawsuit, but he wasn’t certain.

“And I’m not persuaded that there is irreparable harm in allowing Act 1 to go into effect as scheduled.”

Foust’s ruling means Wisconsin’s right-to-work law remains in effect but doesn’t affect the ability of unions to continue litigation against it.