January 19, 2021

Volume XI, Number 19

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January 18, 2021

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Wisconsin Right to Work Law: Reinstated while appeal proceeds

The Wisconsin Court of Appeals has reinstituted the “Right-to-Work” law previously held invalid by Dane County Circuit Court Judge William Faust. The court’s decision can be found here.

Judge Faust refused to issue a stay of his own ruling that held the law unconstitutional because it took property from unions without compensation. The state asked the appellate court to stay the ruling.

The appellate ruling was issued by Judge Lisa Stark, presiding judge for District III Court of Appeals in Wausau. In her five page order, Judge Stark found Judge Faust had overstepped his bounds in not putting his ruling on hold. According to Judge Stark, the record did not indicate unions would “suffer substantial harm” if the law remained in effect while on appeal. Judge Stark also found there was a sufficient likelihood the law would eventually be upheld.

This decision reinstates the “Right-to-Work” law while the appeal of Judge Faust’s decision progresses through the appellate process. The case is not over and will likely wind its way up to the Wisconsin Supreme Court. We believe the law will be upheld when it gets there based on the legal issues involved and the current makeup of the Wisconsin Supreme Court.

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Copyright © 2020 Godfrey & Kahn S.C.National Law Review, Volume VI, Number 155
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About this Author

Jon Anderson Labor & Employment Attorney
Chair, Labor & Employment Practice Group

Jon Anderson is the Madison office managing partner and a shareholder in the Labor & Employment Practice Group, a team he led for over ten years. He represents management in all aspects of human resource, labor, and employment law matters. In addition, Jon is a member of the firm’s Health Care Practice Group, representing health care institutions and hospital systems in their employment and collective bargaining matters. Jon also has a robust practice representing business cooperatives.

Jon brings years of experience and a practical no-nonsense approach to advising employers in...

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