2015 - 2016 LEGISLATURE
February 23, 2015 - Introduced by
Committee on Senate Organization. Referred
to Committee on Labor and Government Reform.
1An Act to repeal
111.01 and 111.06 (1) (c) 2., 3. and 4.; to renumber and amend
111.04 and 111.06 (1) (c) 1.; to amend
111.02 (3), 111.06 (1) (e), 111.06 (1) (i), 3
111.39 (6) and 175.05 (6); and to create
111.02 (9g), 111.04 (3) and 947.20 of the 4
statutes; relating to: prohibiting as a condition of employment membership in
5a labor organization or payments to a labor organization and providing a
Analysis by the Legislative Reference Bureau
This bill creates a state right to work law. This bill generally prohibits a person
from requiring, as a condition of obtaining or continuing employment, an individual
to refrain or resign from membership in a labor organization, to become or remain
a member of a labor organization, to pay dues or other charges to a labor
organization, or to pay any other person an amount that is in place of dues or charges
required of members of a labor organization. Any person who violates this
prohibition is guilty of a Class A misdemeanor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
111.01 of the statutes is repealed.
111.02 (3) of the statutes is amended to read:
"Collective bargaining unit" means all of the employees of one 3
employer, employed within the state, except that where a majority of the employees 4
engaged in a single craft, division, department or plant have voted by secret ballot 5
as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they 6
shall be so considered, but, in appropriate cases, and to aid in the more efficient 7
administration of ss. 111.01 to 111.19 this subchapter
, the commission may find, 8
where agreeable to all parties affected in any way thereby, an industry, trade or 9
business comprising more than one employer in an association in any geographical 10
area to be a "collective bargaining unit". A collective bargaining unit thus 11
established by the commission shall be subject to all rights by termination or 12
modification given by ss. 111.01 to 111.19 this subchapter
in reference to collective 13
bargaining units otherwise established under ss. 111.01 to 111.19 this subchapter
Two or more collective bargaining units may bargain collectively through the same 15
representative where a majority of the employees in each separate unit have voted 16
by secret ballot as provided in s. 111.05 (2) so to do.
111.02 (9g) of the statutes is created to read:
"Labor organization" means any employee organization in which 19
employees participate and that exists for the purpose, in whole or in part, of engaging 20
in collective bargaining with any employer concerning grievances, labor disputes, 21
wages, hours, benefits, or other terms or conditions of employment.
111.04 of the statutes is renumbered 111.04 (1) and amended to 23
Employees shall have the right of self-organization and the right to 25
form, join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in lawful, concerted activities 2
for the purpose of collective bargaining or other mutual aid or protection; and such
have the right to refrain from any or all of such
5activities self-organization; forming, joining, or assisting labor organizations;
6bargaining collectively through representatives; or engaging in activities for the
7purpose of collective bargaining or other mutual aid or protection
111.04 (3) of the statutes is created to read:
(a) No person may require, as a condition of obtaining or continuing 10
employment, an individual to do any of the following:
1. Refrain or resign from membership in, voluntary affiliation with, or 12
voluntary financial support of a labor organization.
2. Become or remain a member of a labor organization.
3. Pay any dues, fees, assessments, or other charges or expenses of any kind 15
or amount, or provide anything of value, to a labor organization.
4. Pay to any 3rd party an amount that is in place of, equivalent to, or any 17
portion of dues, fees, assessments, or other charges or expenses required of members 18
of, or employees represented by, a labor organization.
(b) This subsection applies to the extent permitted under federal law. If a 20
provision of a contract violates this subsection, that provision is void.
111.06 (1) (c) 1. of the statutes is renumbered 111.06 (1) (c) and 22
amended to read:
(c) To encourage or discourage membership in any labor 24
organization, employee agency, committee, association,
or representation plan by 25
discrimination in regard to hiring, tenure,
or other terms or conditions of
employment except in a collective bargaining unit where an all-union agreement is
2in effect. Any all-union agreement in effect on October 4, 1975, made in accordance
3with the law in effect at the time it is made is valid
111.06 (1) (c) 2., 3. and 4. of the statutes are repealed.
111.06 (1) (e) of the statutes is amended to read:
(e) To bargain collectively with the representatives of less than a 7
majority of the employer's employees in a collective bargaining unit, or to enter into 8
an all-union agreement except in the manner provided in par. (c)
111.06 (1) (i) of the statutes is amended to read:
(i) To deduct labor organization dues or assessments from an 11
employee's earnings, unless the employer has been presented with an individual 12
order therefor, signed by the employee personally, and terminable
at the end of any
13year of its life
by the employee giving to the employer
at least thirty 30
days' written 14
notice of such the
termination unless there is an all-union agreement in effect. The
15employer shall give notice to the labor organization of receipt of such notice of
16termination. This paragraph applies to the extent permitted under federal law
111.39 (6) of the statutes is amended to read:
If an order issued under sub. (4) is unenforceable against any labor 19
organization in which membership is a privilege, the
employer with whom the 20
labor organization has an enforceable
agreement shall not be held 21
accountable under this chapter when if
the employer is not responsible for the 22
discrimination, the unfair honesty testing,
or the unfair genetic testing.
175.05 (6) of the statutes is amended to read:
175.05 (6) Rights of labor.
Nothing in this section shall be construed to impair, 25
curtail or destroy the rights of employees and their representatives to
self-organization, to form, join or assist labor organization, to strike, to bargain 2
collectively through representatives of their own choosing, and to engage in 3
concerted activities, for the purpose of collective bargaining or other mutual aid or 4
protection, under either the federal labor relations act or ss. 111.01 to 111.19 subch.
5I of ch. 111
947.20 of the statutes is created to read:
7947.20 Right to work.
Anyone who violates s. 111.04 (3) (a) is guilty of a Class 8
(1) This act first applies to a collective bargaining agreement containing 11
provisions inconsistent with this act upon the renewal, modification, or extension of 12
the agreement occurring on or after the effective date of this subsection.