Schimel to seek stay of right-to-work ruling

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Wisconsin Attorney General Brad Schimel has objected to a proposed order from three unions asking a judge to declare Wisconsin’s Right-to-Work law unconstitutional and plans to seek a stay of any ruling pending appeal.


Dane County Judge William Foust last week granted a motion for summary judgment and found the law violated Wisconsin’s constitution in a case brought by the Wisconsin AFL-CIO, United Steelworkers District 2 and International Association of Machinists District 10 Lodge 1061.

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The law prohibits businesses and unions from requiring employees to pay union dues as a condition of employment. Foust agreed with the unions’ argument that the law amounts to the taking of private property.

Foust is yet to issue a final ruling and asked the unions to submit their proposed order, which they did on Tuesday. The unions have asked him to declare the law unconstitutional and null and void and to enjoin Gov. Scott Walker, Schimel and two members of the Wisconsin Employment Relations Commission from enforcing the law against employers and unions in Wisconsin.

In objecting to the unions’ proposed order, Schimel argued the factors needed for an injunction have not been demonstrated or briefed. Among other elements, he also contends that the court could only declare two sections of the law at issue in the case unconstitutional, not the entire law.

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Schimel’s filing says the proposed order lacks language to stay the effect of any ruling pending appeal and noted he planned to seek a stay in a separate filing.

Schimel said he is confident the law would be upheld on appeal and noted in a press release that it remains in effect at least until Foust enters a final order.

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