Attorney General Schimel files motion, seeking stay of final order on right-to-work law

MADISON -- Wisconsin Attorney General Brad Schimel on Monday, April 18th filed a motion with Dane County Circuit Court Judge William Foust -- seeking a stay of Judge Foust's final order on the state's right-to-work law.

Judge Foust on Friday, April 15th entered his final order -- declaring Wisconsin's right-to-work law unconstitutional.

Right-to-work laws prohibit businesses and unions from reaching agreements that require all workers, not just union members, to pay union dues.

Three unions alleged in a lawsuit that the law amounts to an unconstitutional taking of services since the statutes mean the unions must represent non-union workers who don't have to pay dues.

Foust agreed in a decision on April 8th. His order Friday formalized his ruling.

Schimel issued this statement to FOX6 News:

“I’ve asked Judge Foust to stay his order to ensure that the right-to-work law remains in effect on appeal,” said Schimel. “Given that 25 others states have right-to-work laws and none of those have been declared unconstitutional, I am confident Wisconsin’s law will be upheld. Therefore, it’s imperative that Wisconsin’s right-to-work law remain in effect while on appeal.”

On Friday, April 8th, Judge Foust issued a decision in which he declared that Wisconsin’s right-to-work law constituted an unlawful taking of the unions’ property without just compensation. A week later, Judge Foust issued a final order in which he enjoined certain parts of the law.

Below is a portion of Attorney General Schimel’s motion seeking a stay of Judge Foust’s decision:

“This Court’s decision permanently enjoining portions of Wisconsin’s right-to-work law will have significant, immediate impacts on the State and its citizens. This injunction will immediately undermine the policies that the People, through their elected representations, have determined are in the public interest, while generating substantial uncertainty… Due respect for the presumption of constitutionality and the public interest requires that the injunction should be stayed until the appellate courts can finally decide whether Wisconsin, alone among its sister States, is prohibited from enacting a right-to-work law.”

Phil Neuenfeldt, president of the Wisconsin AFL-CIO issued this statement:

“Gov. Scott Walker and Attorney General Brad Schimel are relentless in denying workers their rights on the job. The state should be focusing on creating jobs, raising wages and increasing economic opportunity for workers, not playing partisan politics with the freedom for workers to stick together and have each other’s backs in the workplace. If we want a strong economy, we should be strengthening unions so that workers can continue to collectively negotiate better workplaces for future generations.”

Stephanie Bloomingdale, secretary treasurer of the Wisconsin AFL-CIO issued this statement:

"We have always been prepared for a hard road ahead. Good things for working people never came easily and we're going to do all we can to do our part to make life better for working people in Wisconsin."