Related to: Unions

Janus v AFSCME

U.S. Supreme Court Decides Janus v. AFSCME Agency Fee Case

Today, the United States Supreme Court issued a decision in Janus v. American Federation, et al., concluding that public sector employees cannot be required to pay so-called “fair share” union fees. This decision is likely to cause a significant decrease in union revenue and may result in further decline of union membership. The petitioner in…

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School Law

State Budget Bill Includes Significant Changes for School Districts

Today, the Budget Bill (2011 Wisconsin Act 32) was published, which results in an effective date of July 1, 2011. Included in the Budget Bill are significant changes to the rights of public employees, including employees of school districts. This Legal Update will provide a summary of these changes, and how they impact the changes…

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Right to Work Gets Reinstated in WI

Right to Work Gets Reinstated in Wisconsin

Right to Work is back in Wisconsin, for now. On Tuesday, May 24, 2016, Wisconsin Court of Appeals Judge Lisa Stark granted the State’s request for a stay of a circuit court judge’s ruling, which overturned Wisconsin’s Right to Work law in April 2016. As outlined in our previous client alert on this matter, Dane…

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Dane County Judge Issues an Outlier Decision to Strike Down Wisconsin’s Right to Work Law

On Friday, April 8, 2016, a Dane County Circuit Court judge struck down Wisconsin’s Right to Work law, thirteen months after the law first took effect in the state. In his opinion, Judge William Foust held that Wisconsin’s Right to Work law is an unlawful taking that violates the Wisconsin Constitution because the law obligates…

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Right to Work Poised to Become the Law in Wisconsin

Last week, the State Senate passed its version of the Right to Work bill (2015 Senate Bill 44); and, today, the State Assembly passed an identical bill (2015 Assembly Bill 61). Governor Scott Walker is expected to sign the bill on Monday, making it law. Wisconsin’s Right to Work legislation provides freedom of choice to…

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NLRB Overturns 50 Years of Settled Law on Dues Checkoff

The National Labor Relations Board (“NLRB” or “Board”) recently issued a significant decision that overturned 50 years of settled law regarding an employer’s duty to honor a union dues checkoff provision contained in a collective bargaining agreement after that agreement has expired. In WKYC-TV Inc., 359 NLRB No. 30 (12/12/12), the Board overturned Bethlehem Steel,…

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Dane County (WI) Circuit Court Overturns Parts of Act 10 Already Upheld by Federal Court

In another unexpected twist in the continuing litigation over Act 10, Dane County Circuit Court Judge Juan Colas issued a decision on Friday holding parts of Act 10 in violation of both the Wisconsin and U.S Constitutions. Many of the provisions of Act 10 overturned by Judge Colas were already reviewed and found to be…

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Law Prohibiting Employers from Holding “Captive Audience” Meetings Declared Unconstitutional

For over a half-century, the National Labor Relations Act (NLRA) has protected the rights of employers to hold paid, mandatory meetings with their employees to discuss unions and unionization. These meetings, termed “captive-audience meetings,” have primarily been used by employers facing union organizing efforts in an attempt to combat the tactics used by unions to…

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“Bannering” Held Permissible Under NLRA’s Secondary Boycott Provisions

Last week the National Labor Relations Board (NLRB) released a decision that could lead to a significant increase in union activity related to secondary boycotts. In a 3-2 decision split along partisan lines, the Board’s Obama-appointed majority held that the display of a stationary banner outside the business of a secondary employer is not coercive,…

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