America

September 21, 2017

Wisconsin’s Right-To-Work Law Does Not Violate Constitution


right-to-work law

On September 19, the Wisconsin Court of Appeals upheld the state's right-to-work law stating that the law does not violate the constitution. The law bars mandatory union membership and prohibits unions or employers from requiring non-members to pay dues as a condition of employment.

According to the court, for unconstitutional takings to have occurred, it must be shown that "(1) a property interest exists; (2) the property interest has been taken; (3) the taking was for public use; and (4) the taking was without just compensation."

The court found that the unions have property interest in the money in their treasuries and the services it provides. However, it found that no takings of property occurred through the Right-to-Work Law because no money is being taken from the treasuries and the law does not require the unions to provide services to anyone.

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