Judge Refuses To Stay Right-To-Work Ruling

Dane County Judge Says There's No Evidence State Will Suffer Under Right To Work Repeal

Cathy Stanley-Erickson (CC-BY-ND)

A Dane County Judge has refused to suspend his ruling that overturned parts of Wisconsin’s right-to-work law for private-sector unions.

Judge William Foust overturned Wisconsin’s right-to-work law earlier this month, calling it an unconstitutional “taking” of unions’ property. Right-to-work laws ban mandatory union dues in the private sector — something that Foust said creates a free-rider problem, where unions are forced to provide services for employees who don’t pay. He said his decision boils down to something as simple as, “there is no free lunch.”

Attorney General Brad Schimel asked Foust to stay his ruling, which would have kept right to work on the books while this case is appealed. After Foust said no, Schimel said he’d make the same request of the Court of Appeals, saying he was confident the law would be upheld.

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Right-to-work laws have survived challenges in other states, including recently in federal court.

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