Dues Checkoff Provisions of Wisconsin's "Right To Work" Law Permanently Enjoined by U.S. District Court

Nathan Eisenberg

Yesterday, Judge William Conley from the U.S. District Court for the Western District of Wisconsin entered an injunction permanently enjoining the Wisconsin Department of Workforce Development and the Wisconsin Employment Relations Commission from enforcing Section 9 of 2015 Wisconsin Act 1. That provision of Wisconsin’s “Right to Work” law prohibited “dues checkoff authorizations” unless revocable upon 30 day’s notice by an employee. Wis. Stat. §111.06(1)(i). It directly conflicted with Section 302(c)(4) of the Labor Management Relations Act which provides that unions may maintain dues checkoff authorizations, so long as the deductions are not “irrevocable [by the employee] for a period of more than one year. “ The court found that where Wisconsin law conflicted with the federal law, it is preempted and unconstitutional. A copy of the decision is available here. The case was litigated by Nathan Eisenberg and Jill Hartley from The Previant Law Firm.

The decision does not impact the other parts of Wisconsin’s “Right to Work” law. However, the other parts are being challenged in other, separate litigation.