Posted on 04/08/2016 5:39:37 PM PDT by Olog-hai
Wisconsin’s right-to-work law, championed by Republican Gov. Scott Walker as he was mounting his run for president, was struck down Friday as violating the state constitution.
Attorney General Brad Schimel, also a Republican, promised to appeal the decision and said he was confident it would not stand, noting that no similar law has been struck down in any other state. […]
Three unions filed the lawsuit last year shortly after Walker signed the bill into law. […]
The unions argued that Wisconsin’s law was an unconstitutional seizure of union property since unions now must extend benefits to workers who don’t pay dues. Dane County Circuit Judge William Foust agreed.
He said the law amounts to the government taking union funds without compensation since under the law unions must represent people who don’t pay dues. That presents an existential threat to unions, Foust wrote. …
(Excerpt) Read more at hosted.ap.org ...
And the problem is ... ?
So this judge is forcing non-union members to be represented by a union and worse yet, they MUST pay that union money to get a service they don’t want??
The left’s “fundamental transformation” proceeds apace.
Dane county judge.
Madison is in Dane County. Not a surprise all the courts in dane county are run by totally liberal socialist judges.
It will be overturned. If it makes it to state scotus it will be declared constitutional. Just reaffirmed our 5-2 conservative hold on the state scotus.
A Dane County judge.
A real constitutional expert.
I think the problem has been identified.
How idiotic is that. Walker was dead on target on this issue.
Easy solution: remove that requirement so the union doesn't have anything to do with non-union employees.
Most laws have separability clauses so the offending section can be removed without striking down the entire law. Is that the case with this law?
“The unions don’t have to represent the non union workers. The companies they work for pay their benefits not the unions.”
The union do represent all members of the bargaining unit whether they are members of the union or not. The collective bargaining agreement covers all members of the bargaining unit. Non-union members covered by a collective bargaining agreement are subject to the terms of the agreement as are the union members. Non-union members cannot for example go to management and negotiate their own terms of employment if they are covered by a contract.
The right-to-work law, Article 14-B of the Taft-Hartley Act is part of federal labor law. This should go right to the federal courts and should be over-turned immediately.
Yawn. This is SOP with the liberals on everything passed by Walker.
So far, the score is 17,634,218 to 0.
“The union do represent all members of the bargaining unit whether they are members of the union or not.”
Why? Who imposed that restriction? Was it the unions themselves to prevent non union members from making their own deal with the company?
“Non-union members cannot for example go to management and negotiate their own terms of employment if they are covered by a contract.”
If this is a rule imposed by the union, then it’s really the non union members that should be complaining, since it restricts their freedom to negotiate their own deal with the employer.
Dane County, land of liberal judges who rule by their bias and not by the Constitution. Kruschev landed in Madison once and after an hour said, “Get me outta here, there are too many Commies around here.”
Two obvious non-sequiturs, just from the summary of the judge’s opinion:
The government doesn’t get any money. So there is no taking.
Also, unless there is a law requiring unions to represent or act on behalf of all workers (and I don’t believe there is), the unions are not being required to provide services to all workers.
This is the kind of thing that should cause the judge issuing this decision to lose his license.
But it’s OK for unions to take money from workers who don’t want to be in the union.
Walker has been fighting against the liberal Nazis on all fronts. The thanks that he got from the GOP-e was to destroy his efforts to turn the fight in Wisconsin into a nation war against the Left.
I am not a labor lawyer but the National Labor Relations Act of 1935 also known as the Wagner Act set up the labor laws of the US; that act also created the National Labor Relations Board, the NLRB. Federal statues gave the right to a union to represent all members of the bargaining unit whether a member of the union or not. If a non-union member who is covered by a collective bargaining agreement attempted to negotiate on his or her own behalf, wages, hours, or working conditions, the union could file an unfair labor practice with the NLRB or
equivalent state labor board and would most certainly win.
So I need permission to get a job from a union boss?
A better performing employee should be able to strike a better individual deal. The terms and conditions of that deal are privately held and no business of the union.
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