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International Union of Operating Engineers Local 139 v. Schimel

7th CircuitJuly 12, 2017No. 16-3736 & 16-3834Cited 14 times
Defendant Win
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Case Details

Judge(s)
Flaum, Easterbrook, Kanne
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Seventh Circuit affirmed dismissal of the unions' challenge to Wisconsin's right-to-work law (Act 1), holding that Sweeney v. Pence controlled and that the NLRA did not preempt the law and the Takings Clause was not violated.

What This Ruling Means

**What Happened** The International Union of Operating Engineers Local 139 and other unions sued Wisconsin over the state's "right-to-work" law. This law allows workers in unionized workplaces to choose whether or not to pay union fees, even if they benefit from union-negotiated contracts. The unions argued this law was illegal under federal law and violated their constitutional rights by forcing them to represent workers who don't pay dues. **What the Court Decided** The Seventh Circuit Court of Appeals ruled against the unions and upheld Wisconsin's right-to-work law. The court relied on a previous similar case (Sweeney v. Pence) and rejected the unions' arguments that federal labor law should override the state law. The court also dismissed claims that the law amounted to an unconstitutional "taking" of union resources. **What This Means for Workers** This ruling reinforces that states can pass right-to-work laws that give workers the choice of whether to pay union dues, even in unionized workplaces. Workers in Wisconsin and similar states can receive union representation and contract benefits without being required to financially support the union. However, this may weaken unions' funding and bargaining power over time.

This summary was generated to explain the ruling in plain English and is not legal advice.

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