UPDATE - WILL files amicus brief in Act 10 Litigation
Posted March 07, 2012
With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, a Wisconsin public school teacher has filed an amicus curiae brief in state court supporting Governor Walker's public sector union reform bill. The recently-enacted legislation ensures that most Wisconsin public employees do not have to join or pay dues to a union as a condition of employment and bans automatic union dues deductions from public employees' paychecks.
Eli Grajkowski, a veteran Wisconsin educator, filed the brief yesterday in Dane County Circuit Court in response to a union legal challenge by the Public Employees Local 61 union and Madison Teachers, Inc., a local affiliate of the National Education Association (NEA) union.
In this brief, Grajkowski asks the judge to uphold the legislation as constitutional and deny the unions' request to suspend the law. His arguments rely on the Foundation-won Supreme Court precedent Davenport v. WEA, in which the Court unanimously held that union bosses enjoy an "extraordinary power" to force workers to pay union dues or fees as a condition of employment, but have no constitutional right to use government resources to deduct union dues or fees from workers' paychecks.
A copy of the brief is available here.