Boots & Sabers

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2221, 10 Mar 15

Unions Sue over Right to Work

Of course they did.

Machinists Local Lodge 1061, United Steelworkers District 2 and the Wisconsin AFL-CIO filed a lawsuit against the state of Wisconsin on Tuesday, the day after Gov. Scott Walker signed the contentious bill into law.

The unions argue that the law results in an unconstitutional taking of their property without just compensation and that enforcing the law would cause them irreparable harm.

A hearing is scheduled for March 19 before Dane County Circuit Judge C. William Foust. Unions are also asking the court to permanently prevent the implementation of the law.


The unions argue that the right-to-work law violates the takings clause of the state Constitution: “The property of no person shall be taken for public use without just compensation therefor.”

Their argument is that the law transfers property from unions to nonmembers to a degree that will cause irreparable injury to the organizations.

The argument is similar to one made by unions suing against Indiana’s right-to-work law a few years ago. The Indiana Supreme Court ruled against that argument, upholding the law. Indiana’s law was also upheld by a U.S. Appeals Court.

Let me ruin the surprise and tell you what’s going to happen… the Dane County judge will issue the injunction. It will be appealed and, eventually, Wisconsin’s right to work law will be upheld, but not before a lot of time and money is spent to prove the obvious. In the interim while the law is enjoined, unions will push hard for long term contracts. The unions know they will eventually lose, but this tactic will give them time to hang onto those dues as long as possible.

And….. scene.


2221, 10 March 2015


  1. Paul

    “The unions argue that the law results in an unconstitutional taking of their property without just compensation and that enforcing the law would cause them irreparable harm.”

    So union members = property

    Thought we fought a war over that…

  2. Kevin Scheunemann

    “…but judge you have to force everyone into the union…”

    Liberals are still about choice, right? Oh wait a minute. I forgot. Liberals are against choice on everything except for unborn children extermination.

    I do slightly disagree with Owen on this one…I think there is a small chance even a crazy liberal Dane county judge will NOT buy the union argument on this one.

  3. Wisconsinite

    The property here isn’t the worker, but the services rendered in representing the worker and securing him or her higher pay and benefits. That doesn’t come for free. That is what is being stolen by a free-loader who reaps the benefits (but not for long, now that Wisconsin is “open for business”) without paying a cent. But perhaps it is too much to expect ideological and logical consistency from folks who claim in one sentence that this gives workers freedom while claiming that the absence of right to work puts WI at a serious competitive disadvantage. And how is that? Because corporate bosses will only set up shop where workers have full freedom? And why deny cops and firefighters who rush into burning buildings to rescue babies, why deny them freedom and choice? Don’t they deserve it too? You guys are so full of hokum.

  4. Paul

    A service is property? Good God.

  5. Wisconsinite

    Yes, like a mechanic fixes your car and you don’t pay

  6. Paul

    Theft of services is not a property crime.

  7. Riff Rafferty

    Wisconsinlite, try going to any reputable automobile service shop without signing an agreement BEFORE the work is performed. Your responses only show you are a left wing stooge.

  8. Rick

    By that logic, any time the government bans anything, it violates the taking clause. Can CFC manufacturers sue? Lead paint manufacturers? Arsenic manufacturers?

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