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Judge Rules Wisconsin's Right To Work Statute Illegal -- Now What?
Forbes ^ | April 20, 2016 | George Leef

Posted on 04/20/2016 12:10:35 PM PDT by reaganaut1

Just over a year ago, Wisconsin became the 25th state to adopt a “right to work” law, as states are allowed to do under Section 14(b) of the Taft-Hartley Act of 1947.

Many people misunderstand what the phrase “right to work” (RTW) means. A RTW law does not guarantee anyone a job. Nor does it damage or prohibit unions, as Big Labor advocates often suggest. All that a RTW law does is to deny the validity of collective bargaining contract clauses that require the company to fire a worker because he or she refuses to pay the union dues.

But allowing any worker in the bargaining unit to opt out of paying is intolerable to unions, which are every bit as interested in revenue maximization as any business. Just because they are nominally non-profit doesn’t mean that union officials don’t want to pull in every dollar they can. That is why they fight tooth and nail against RTW in any state and would dearly love to repeal Section 14(b) if they could, coming very close in 1966 and 1978.

Once a state has enacted RTW, the unions will try almost anything to reverse that, with litigation being a preferred tactic — which brings us back to the Badger State. Opponents of RTW there (i.e., advocates of compulsory unionism) filed a lawsuit in which they argued that the law violates the state’s constitution. Of course, they were savvy enough to file in a friendly court and on April 8, Dane County judge William Foust ruled that the law was invalid.

So, why is RTW illegal in Wisconsin?

Judge Foust states that under RTW, “a free-rider problem is born – the ability of nonmembers to refuse to pay for services unions are compelled to provide by law.”

(Excerpt) Read more at forbes.com ...


TOPICS: Editorial; Government
KEYWORDS: righttowork; unions; wisconsin
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1 posted on 04/20/2016 12:10:35 PM PDT by reaganaut1
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To: reaganaut1

This country is so irreversibly f***ed up, it’s beyond hope.


2 posted on 04/20/2016 12:12:29 PM PDT by ScottinVA (Orange is the new black.. apparently.)
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To: reaganaut1

Many unions do nothing. When I was a printer in Kalifornia many years ago I was forced to join the union and pay dues. I asked the union rep what the union could do to protect me from firing and such. He said, “Nothing.” Seriously. The union had no ability to protect an employee or negotiate pay. A complete criminal fraud.


3 posted on 04/20/2016 12:15:10 PM PDT by Seruzawa (If you agree with the French raise your hand. If you are French raise both hands)
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To: reaganaut1

Appeal.

The courts seem to be a mess these days.


4 posted on 04/20/2016 12:17:03 PM PDT by DoughtyOne (Hey Ted, why are you taking one for the RNC/GOPe team, and not ours? Not that we don't know.)
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To: reaganaut1

So some Democrat Judge has bought the union line of swill about “free riders” hook, line and sinker. Not a surprise.


5 posted on 04/20/2016 12:17:04 PM PDT by Buckeye McFrog
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To: reaganaut1

From page 2 of the article:
“...
The same argument has been tried before and rejected by other courts.
After Indiana passed RTW in 2012, the unions ran the same litigation.
That case, Sweeney v. Daniels, was dismissed by the federal district court that heard it
and that ruling was upheld by the Seventh Circuit.
...”


6 posted on 04/20/2016 12:19:21 PM PDT by Repeal The 17th (I was conceived in liberty, how about you?)
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To: ScottinVA

This will be overturned in the Circuit Court. Plenty of precedent to strike this down. They are hoping to add another log to the SCOTUS fire.


7 posted on 04/20/2016 12:21:06 PM PDT by jessduntno (The mind of a liberal...deceit, desire for control, greed, contradiction and fueled by hate.)
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To: Buckeye McFrog

You have to remember, this is NOT the Wisconsin State Supreme Court, but a district level court, of which the decision may be appealed.

Most union organizers are also protection racket (”community”) organizers as their weekend job as well.

When confronted, they will deny that is what they are doing, or course.


8 posted on 04/20/2016 12:21:56 PM PDT by alloysteel (If I considered the consequences of my actions, I would rarely do anything.)
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To: reaganaut1

How could a right, so inalienable that the founders did not think it needed to be enumerated, as work be illegal?


9 posted on 04/20/2016 12:23:21 PM PDT by fella ("As it was before Noah so shall it be again,")
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To: reaganaut1

Bah, it was only “overturned” by some peon local judge, they are a dime a dozen, it will be easily overturned on appeal (considering the Wisconsin Supreme Court has a 7-2 conservative majority).


10 posted on 04/20/2016 12:24:30 PM PDT by apillar
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To: apillar
Bah, it was only “overturned” by some peon local judge, they are a dime a dozen

These cases always start in Dane County, where they are routinely shot down at the State Supreme Court, a federal court or both. You could wallpaper a four bedroom house with the decision that have been overturned at this level.
11 posted on 04/20/2016 12:28:17 PM PDT by Dr. Sivana ("There is no limit to the amount of good you can do if you don't care who gets the credit."-R.Reagan)
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To: reaganaut1

County judge? Get real..................


12 posted on 04/20/2016 12:35:01 PM PDT by Red Badger (WE DON'T NEED NO STEENKING TAGLINES!...........................)
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To: Seruzawa

Yes, unions in theory may seem like a sensible thing, but in practice, they are usually just legalized extortion rings.


13 posted on 04/20/2016 12:54:58 PM PDT by Boogieman
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To: alloysteel

My understanding is that the Wisconsin Supreme Court has turned to the right recently, so hopefully this will be overturned.

Not so here in PA. The unions worked triple-overtime in the last election to elect a bunch of their stooges to our Supreme Court.


14 posted on 04/20/2016 12:56:22 PM PDT by Buckeye McFrog
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To: apillar

I am waiting for a governor in one of these states to instruct authorities to simply ignore these little bought and paid for judges. Executive orders ya know?


15 posted on 04/20/2016 1:04:04 PM PDT by biff
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To: jessduntno
They are hoping to add another log to the SCOTUS fire.

Winner Winner Chicken Dinner!!

They're hoping to get a favorable ruling somewhere, anywhere to cause this to be heard by the USSC and (potentially) be overturned by a Liberal USSC if Hitlery gets elected.

Gotta give the Democrats credit on this one: they understand they're playing a long game here and are laying the groundwork to meet their goals. Something the Stupid Party (aka "Republicans") never seem to understand how to do.

16 posted on 04/20/2016 1:14:49 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: reaganaut1; All

Wisconsin AG filed a stay until the state appeals court hears the case, and passes it on to the state supremes where it will get tossed.


17 posted on 04/20/2016 1:30:01 PM PDT by mosesdapoet (My best insights get lost in FR's becaus e of meaningless venting no one reads.)
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To: reaganaut1
Face it folks if it is legal for the Gub'ment to force you to buy Health Insurance then it is legal for the Gub'ment to force you to buy anything including Union Membership.
18 posted on 04/20/2016 1:31:08 PM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: AuH2ORepublican; Diana in Wisconsin; fieldmarshaldj; BillyBoy; stephenjohnbanker; sickoflibs; ...
Dane County Circuit Judge C. William Foust

God damn tyrant. TP his house. And get him off the bench.

What to do but appeal. I guess the State Supreme Court (on our side) will ultimately decide.

19 posted on 04/20/2016 2:37:26 PM PDT by Impy (Did you know "Hillary" spelled backwards is "Bitch"?)
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20 posted on 04/20/2016 3:56:12 PM PDT by DoughtyOne (Hey Ted, why are you taking one for the RNC/GOPe team, and not ours? Not that we don't know.)
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