Last Friday, the Wisconsin Department of Justice [sub. req.] filed a motion to quash a challenge brought by the Wisconsin State AFL-CIO to the state’s controversial right-to-work law. Known as Act 1 and signed into law on March 9 of this year, the state’s right-to-work law would bar mandatory dues contributions from union members.
In its motion, the Dep’t of Justice argues that the AFL-CIO lacks standing to sue because any injury resulting to the union from the law’s implementation is purely speculative:
“Plaintiffs claim that Act 1, in the future, will prevent them from signing collective bargaining agreements that may provide for certain services, and that if employees exercise their rights under Act 1, then plaintiffs will lose money,” the state Justice Department said, blasting the lawsuit as purely speculative. “This hypothetical concern is not the type of concrete, particularized injury required to establish standing.”
This is not the union’s first salvo against Act 1, either. Days after the bill was signed by Gov. Scott Walker, the union filed a preliminary injunction against its enactment. However, the request for an injunction was denied by the Dane County Circuit Court.
Stay tuned to @LRToday, where we will be following this litigation through its conclusion.