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All in a Day's Work® - Insights on Labor & Employment Law

Wisconsin Right to Work Law: Reinstated while appeal proceeds

The Wisconsin Court of Appeals has reinstituted the "Right-to-Work" law previously held invalid by Dane County Circuit Court Judge William Foust. The court's decision can be found here.

Judge Foust refused to issue a stay of his own ruling that held the law unconstitutional because it took property from unions without compensation. The state asked the appellate court to stay the ruling.

The appellate ruling was issued by Judge Lisa Stark, presiding judge for District III Court of Appeals in Wausau. In her five page order, Judge Stark found Judge Foust had overstepped his bounds in not putting his ruling on hold. According to Judge Stark, the record did not indicate unions would "suffer substantial harm" if the law remained in effect while on appeal. Judge Stark also found there was a sufficient likelihood the law would eventually be upheld.

This decision reinstates the "Right-to-Work" law while the appeal of Judge Foust's decision progresses through the appellate process. The case is not over and will likely wind its way up to the Wisconsin Supreme Court. We believe the law will be upheld when it gets there based on the legal issues involved and the current makeup of the Wisconsin Supreme Court.

For more information concerning the "Right to Work" law, please see blog posts Dane County Judge: Wisconsin's "Right to Work" law unconstitutional and Fast Tracking "Right to Work" Bill Advances.

June 03, 2016


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