Unions are
suing to block Wisconsin's newest anti-union law, reports the supposedly retired Steven Greenhouse. The so-called right to work law allows workers covered by union contracts to demand representation from the union without paying any fees whatsoever, and the state's AFL-CIO, as well as Steelworkers and Machinists locals, are arguing that it violates the state constitution:
The lawsuit argues that the new law is an unconstitutional taking of property without just compensation by, in effect, obligating unions to provide services to those who do not pay for them. The Wisconsin constitution states: “The property of no person shall be taken for public use without just compensation therefor.”
The lawsuit says the new law “deprives the unions of all methods of charging nonmembers for the services that they receive from the unions.” It adds: “In other words, it requires that unions either provide free services to nonmembers or go out of business entirely.”
Such challenges have tended to come down to the Wisconsin Supreme Court, which has not been friendly to unions on these questions. But it's at least a creative way to keep up the fight, and one that highlights the distance between Gov. Scott Walker and Wisconsin's founding ideals.