State Judge Strikes Wisconsin’s Right to Work Law

Machinists v. Wisconsin, Case No. 2015CV000628 (Dane Co. April 8, 2016) Download Wisc Order is an important case.  A state trial judge struck down 2015 Wisconsin Act 1 which was known as the right to work law. This statute prohibits labor organizations from assessing dues on non-union members and negotiating union security clauses in collective bargaining agreements. This case is important because it is the only decision which has struck down a right to work statute. Slip op. at 13. 

Applying the Wisconsin Constitution, the court held that this statute resulted in a taking of property without just compensation. The court engaged in an extensive analysis of property rights and concluded that the union had a property interest in the services they perform  for both members and non-members because labor is a commodity that can be bought and sold. 

No doubt this decision will be appealed. Law review commentary would be welcomed. I am stunned that this decision is not reported.

Mitchell H. Rubinstein