National Right to Work Foundation defends Wisconsin Act 10 against union challenge

The National Right to Work Foundation has filed an amicus brief with the Wisconsin Court of Appeals in the case of Abbotsford Education Association v. Wisconsin Employment Relations Commission. This case, originating from the Dane County Circuit Court, challenges Act 10, a law enacted in 2011 that limits the power of public sector union officials in Wisconsin.

Act 10 includes provisions that prevent union leaders from enforcing contracts that dictate work and compensation terms for state government employees without their consent. It also mandates periodic re-certification votes for union officials to confirm they have majority support among employees. Although the Wisconsin Supreme Court upheld Act 10 as constitutional in 2014, unions believe changes in the court's composition could lead to its overturning.

The Foundation's brief argues that states like Wisconsin can define and limit exclusive representation parameters and that monopoly bargaining powers are not constitutionally required rights. The brief references Smith v. Arkansas State Highway Employees, asserting that the Dane County Circuit Court mistakenly deemed monopoly bargaining a right.