White Paper

Wisconsin’s Right-to-Work Law Held Unconstitutional ... For Now

 
Wisconsin became the 25th Right-to-Work state last March when Governor Walker signed 2015 Wisconsin Act 1 ("Act 1") into law. The "Right-to-Work" law dramatically modified Chapter 111 of the Wisconsin Statutes by prohibiting employers and labor organizations from requiring employees to join, remain a member of or financially support (pay dues) a labor organization as a condition of employment. Three unions ---- Machinists Local Lodge 1061 in Milwaukee, the Wisconsin AFL-CIO Chapter and the United Steelworkers District 2 in Menasha ---- quickly filed an appeal of Act 1 arguing that the law constituted an unconstitutional "taking" of union property since it forced unions to extend benefits to workers who choose not to pay union dues.

Friday, April 8, 2016, soon-to-retire Dane County Circuit Court Judge William Foust held that Act 1 was unconstitutional. In the 15-page decision, Judge Foust found that Right-to-Work legislation takes the property of unions for a public purpose without just compensation, in violation of the state constitution's prohibition of state confiscation of private property. He reasoned that unions that become exclusive bargaining agents for a group of workers must represent all of the employees covered by the agreement, including those who do not want to be represented by the union and choose to withhold dues. Allowing such "free riders" to benefit from the union's representation without compensating the union for its services, according to Judge Foust, deprives the union of payment for its services and constitutes a "taking" of the union's "property."

Download this white paper and continue reading …

Faculty

Robert J. Simandl

Robert J. Simandl

von Briesen & Roper, s.c.

Agenda

Faculty

Robert J. Simandl

Robert J. Simandl

von Briesen & Roper, s.c.

  • Founding member and principal at Simandl Law Group, S.C.
  • More than 25 years of experience advising clients on a wide range of employee benefit, labor and employment law issues
  • Counsels employers on all aspects of workplace compliance responsibilities
  • Served as an advisor to several legislators in drafting the federal Family and Medical Leave Act and served on the Wisconsin Family and Medical Leave Task Force
  • Frequent speaker and has written numerous pubilcations
  • J.D. degree, cum laude, Marquette University Law School; Undergraduate degree, with honors, Univeristy of Wisconsin-Milwaukee
  • Can be contacted at 262-923-8651 or [email protected]

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today

Access to all training products $699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.