Under state statutes, employers may not bargain with a minority union, meaning that all legal collective bargaining in the state must be done with a union that represents a majority of employees as an exclusive representative. Without right-to-work, in addition to the dues paid by members, nonmembers are charged a "fair share" fee for the benefits they may reap from union representation.

Unions say that creates a "free rider" problem, while right-to-work proponents say the law gives workers the freedom to work somewhere without being subjected to payments or pressured to join a union.

The unions argued that the law violates the takings clause of the state Constitution: "The property of no person shall be taken for public use without just compensation therefor."

Their argument is that the law transfers property from unions to nonmembers to a degree that will cause irreparable injury to the organizations.

The Wisconsin unions' argument is similar to one made by unions suing against Indiana's right-to-work law a few years ago. The Indiana Supreme Court ruled against that argument, upholding the law. Indiana's law was also upheld by a U.S. Appeals Court.

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