International Union of Operating Engineers Local 139 v. Schimel

Federal 7th Circuit Court
Civil Court
Labor Law
Citation
Case Number: 
Nos. 16-3736 & 16-3834 Cons.
Decision Date: 
July 12, 2017
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in entering judgment on pleadings in defendant’s favor in plaintiffs-unions’ action alleging that Wisconsin’s right-to-work law, that prohibited individuals from requiring, as condition of employment, employees to become members of union or to pay any dues to labor organizations, was preempted by National Labor Relations Act and violated plaintiffs’ 5th Amendment rights by taking plaintiffs’ property without just compensation. All of plaintiffs’ argument were rejected in Sweeney, 767 F.3d 654, which addressed similar Indiana right-to-work statute, and Ct. rejected plaintiffs’ argument that Sweeney was wrongly decided.