MADISON — Dane County Circuit Court Judge William Foust has denied a motion for a temporary injunction against the state’s right-to-work law.
Union attorney Frederick Perillo argued that the state requires unions represent all employees and under the law will unconstitutionally have to do so without compensation. He argued if contracts were negotiated without “fair share” payments unions would not be able to recoup payments not made by non-members of the law is overturned.
The state argued right-to-work has been upheld in other states and has never been successfully challenged on grounds it was an unconstitutional taking of property. Assistant AG David Meany said the unions have failed to show they are likely to win the case on the merits nor would suffer irreparable harm, and therefore an injunction is not appropriate.
Foust said that while there is a chance the case could succeed, he said he was not convinced there would be irreparable harm if the law was allowed to go into effect.