111.02(9m)
(9m) "Maintenance of membership agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employes of that authority which requires that all of the employes whose dues are being deducted from earnings under
s. 20.921 (1) or
111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employes who are hired on or after the effective date of the agreement.
111.02(10)
(10) The term "person" includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees or receivers.
111.02(10m)
(10m) ``Referendum" means a proceeding conducted by the commission in which employes of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.
Effective date note
NOTE: Sub. (10m) is created eff. 7-1-97 by
1995 Wis. Act 27.
111.02(11)
(11) The term "representative" includes any person chosen by an employe to represent the employe.
111.02(12)
(12) The term "secondary boycott" shall include combining or conspiring to cause or threaten to cause injury to a person with whom no labor dispute exists in order to bring that person, against that person's will, into a concerted plan to coerce or inflict damage upon another, whether by:
111.02(12)(a)
(a) Withholding patronage, labor or other beneficial business intercourse;
111.02(12)(c)
(c) Refusing to handle, install, use or work on particular materials, equipment or supplies; or
111.02(13)
(13) The term "unfair labor practice" means any unfair labor practice as defined in
s. 111.06.
111.04
111.04
Rights of employes. Employes shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection; and such employes shall also have the right to refrain from any or all of such activities.
111.05
111.05
Representatives and elections. 111.05(1)
(1) Representatives chosen for the purposes of collective bargaining by a majority of the employes voting in a collective bargaining unit shall be the exclusive representatives of all of the employes in such unit for the purposes of collective bargaining, provided that any individual employe or any minority group of employes in any collective bargaining unit shall have the right at any time to present grievances to their employer in person or through representatives of their own choosing, and the employer shall confer with them in relation thereto.
111.05(2)
(2) Whenever a question arises concerning the determination of a collective bargaining unit as defined in
s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employes in any craft, division, department or plant as to the determination of the collective bargaining unit.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(2) Except as provided in sub. (5), whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employes in any craft, division, department or plant as to the determination of the collective bargaining unit.
111.05(3)
(3) Whenever a question arises concerning the representation of employes in a collective bargaining unit the commission shall determine the representatives thereof by taking a secret ballot of employes and certifying in writing the results thereof to the interested parties and to their employer or employers. There shall be included on any ballot for the election of representatives the names of all persons submitted by an employe or group of employes participating in the election, except that the commission may, in its discretion, exclude from the ballot a person who, at the time of the election, stands deprived of the person's rights under this subchapter by reason of a prior adjudication of the person's having engaged in an unfair labor practice. The ballot shall be so prepared as to permit of a vote against representation by anyone named on the ballot. The commission's certification of the results of any election shall be conclusive as to the findings included therein unless reviewed in the same manner as provided by
s. 111.07 (8) for review of orders of the commission.
111.05(3g)
(3g) Notwithstanding
subs. (3) and
(4), if on June 30, 1997, there is a representative recognized or certified to represent any of the units specified in
s. 111.825 (1) (f) 1.,
5. or
9., that representative shall become the representative of the employes in the corresponding collective bargaining units specified in
sub. (5) (a) 1. to
3., without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section on or after October 1, 1998.
111.05(3m)
(3m) Whenever an election has been conducted pursuant to
sub. (3) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, in its discretion, if requested by any party to the proceeding within 30 days from the date of the certification of the results of such election, conduct a runoff election. In such runoff election, the commission may drop from the ballot the name of the representative that received the least number of votes at the original election, or the privilege of voting against any representative when the least number of votes cast at the first election was against representation by any named representative.
111.05(4)
(4) Questions concerning the determination of collective bargaining units or representation of employes may be raised by petition of any employe or the employe's employer (or the representative of either of them). Where it appears by the petition that any emergency exists requiring prompt action, the commission shall act upon said petition forthwith and hold the election requested within such time as will meet the requirements of the emergency presented. The fact that one election has been held shall not prevent the holding of another election among the same group of employes, provided that it appears to the commission that sufficient reason therefor exists.
111.05(5)(a)(a) Collective bargaining units for representation of the employes of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employes engaged in each of the following functions:
111.05(5)(b)
(b) Collective bargaining units for representation of the employes of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in
par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for such employes is subject to approval of the commission. The commission shall not permit fragmentation of such collective bargaining units or creation of any such collective bargaining unit that is too small to provide adequate representation of employes. In approving such collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.
111.05(6)
(6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in
sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employes in any of the collective bargaining units that were combined to petition for an election under
subs. (3) and
(3g). Any agreement under this subsection is effective upon written notice of the agreement by the parties to the commission and terminates upon written notice of termination by the parties to the commission or upon decertification of the representative entering into the agreement as representative of one of the combined collective bargaining units, whichever occurs first.
111.06
111.06
What are unfair labor practices. 111.06(1)
(1) It shall be an unfair labor practice for an employer individually or in concert with others:
111.06(1)(a)
(a) To interfere with, restrain or coerce the employer's employes in the exercise of the rights guaranteed in
s. 111.04.
111.06(1)(b)
(b) To initiate, create, dominate or interfere with the formation or administration of any labor organization or contribute financial support to it, provided that an employer shall not be prohibited from reimbursing employes at their prevailing wage rate for the time spent conferring with the employer, nor from cooperating with representatives of at least a majority of the employer's employes in a collective bargaining unit, at their request, by permitting employe organizational activities on company premises or the use of company property facilities where such activities or use create no additional expense to the company, provided, however, that it shall not be an unfair labor practice for an employer to become a member of the same labor organization of which the employer's employes are members, when the employer and the employer's employes work at the same trade.
111.06(1)(c)1.1. To encourage or discourage membership in any labor organization, employe agency, committee, association or representation plan by discrimination in regard to hiring, tenure or other terms or conditions of employment. An employer is not prohibited from entering into an all-union agreement with the voluntarily recognized representative of the employes in a collective bargaining unit, where at least a majority of such employes voting have voted affirmatively, by secret ballot, in favor of such all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into such an all-union agreement. Such authorization of an all-union agreement shall be deemed to continue thereafter, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of such petition, the commission shall determine whether there is reasonable ground to believe that the employes concerned have changed their attitude toward the all-union agreement and upon so finding the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on any such referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may be continued in force thereafter, subject to the right to petition for a further vote by the procedure set forth in this subdivision. If the continuance of the all-union agreement is not thus supported on any such referendum, it is deemed terminated at the termination of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employe of such employer, and each such all-union agreement shall be made subject to this duty of the commission. Any person interested may come before the commission as provided in
s. 111.07 and ask the performance of this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.
Effective date note
NOTE: Subd. 1. is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
1. To encourage or discourage membership in any labor organization, employe agency, committee, association or representation plan by discrimination in regard to hiring, tenure or other terms or conditions of employment except in a collective bargaining unit where an all-union, fair-share or maintenance of membership agreement is in effect. An employer is not prohibited from entering into an all-union agreement with the voluntarily recognized representative of the employes in a collective bargaining unit, where at least a majority of such employes voting have voted affirmatively, by secret ballot, in favor of such all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into such an all-union agreement. Such authorization of an all-union agreement shall be deemed to continue thereafter, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of such petition, the commission shall determine whether there is reasonable ground to believe that the employes concerned have changed their attitude toward the all-union agreement and upon so finding the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on any such referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may be continued in force thereafter, subject to the right to petition for a further vote by the procedure set forth in this subdivision. If the continuance of the all-union agreement is not thus supported on any such referendum, it is deemed terminated at the termination of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employe of such employer, and each such all-union agreement shall be made subject to this duty of the commission. Any person interested may come before the commission as provided in s. 111.07 and ask the performance of this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.
111.06(1)(c)2.
2. It is not a violation of this subchapter for an employer engaged primarily in the building and construction industry where the employes of such employer in a collective bargaining unit usually perform their duties on building and construction sites, to negotiate, execute and enforce an all-union agreement with a labor organization which has not been subjected to a referendum vote as provided in this subchapter.
111.06(1)(c)3.
3. It is not a violation of this subchapter for an employer engaged in the truck transportation of freight in the motor freight industry as a common or contract carrier of property as defined in
s. 194.01 (1) and
(2) to negotiate, execute and enforce an all-union agreement with a labor organization representing employes in a multi-state bargaining unit which has not been subjected to a referendum vote as provided in this subchapter; except that an election shall be held if a petition requesting such election is signed by 30% of the employes affected.
111.06(1)(c)4.
4. It is not a violation of this subchapter for an orchestra or band leader engaged to provide live musical entertainment to enter into or comply with a policy, practice or contract in which all of the musicians must be members of a labor organization as a condition of hire or employment without such policy, practice or contract being subject to a referendum vote as provided in this subchapter.
111.06(1)(d)
(d) To refuse to bargain collectively with the representative of a majority of the employer's employes in any collective bargaining unit; provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.
Effective date note
NOTE: Par. (d) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(d) To refuse to bargain collectively with the representative of a majority of the employer's employes in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.
111.06(1)(e)
(e) To bargain collectively with the representatives of less than a majority of the employer's employes in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in
par. (c).
111.06(1)(f)
(f) To violate the terms of a collective bargaining agreement (including an agreement to accept an arbitration award).
111.06(1)(g)
(g) To refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations the final determination, after appeal, if any, of any tribunal having competent jurisdiction of the same or whose jurisdiction the employer accepted.
111.06(1)(h)
(h) To discharge or otherwise discriminate against an employe because the employe has filed charges or given information or testimony in good faith under the provisions of this subchapter.
111.06(1)(i)
(i) To deduct labor organization dues or assessments from an employe's earnings, unless the employer has been presented with an individual order therefor, signed by the employe personally, and terminable at the end of any year of its life by the employe giving at least thirty days' written notice of such termination.
Effective date note
NOTE: Par. (i) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(i) To deduct labor organization dues or assessments from an employe's earnings, unless the employer has been presented with an individual order therefor, signed by the employe personally, and terminable at the end of any year of its life by the employe giving at least thirty days' written notice of such termination unless there is an all-union, fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.
111.06(1)(j)
(j) To employ any person to spy upon employes or their representatives respecting their exercise of any right created or approved by this subchapter.
111.06(1)(k)
(k) To make, circulate or cause to be circulated a blacklist as described in
s. 134.02.
111.06(1)(L)
(L) To commit any crime or misdemeanor in connection with any controversy as to employment relations.
111.06(2)
(2) It shall be an unfair labor practice for an employe individually or in concert with others:
111.06(2)(a)
(a) To coerce or intimidate an employe in the enjoyment of the employe's legal rights, including those guaranteed in
s. 111.04, or to intimidate the employe's family, picket the employe's domicile, or injure the person or property of the employe or the employe's family.
111.06(2)(b)
(b) To coerce, intimidate or induce any employer to interfere with any of the employer's employes in the enjoyment of their legal rights, including those guaranteed in
s. 111.04, or to engage in any practice with regard to the employer's employes which would constitute an unfair labor practice if undertaken by the employer on the employer's own initiative.
111.06(2)(c)
(c) To violate the terms of a collective bargaining agreement, including an agreement to accept an arbitration award.
111.06(2)(d)
(d) To refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations the final determination, after appeal, if any, of any tribunal having competent jurisdiction of the same or whose jurisdiction the employes or their representatives accepted.
111.06(2)(e)
(e) To cooperate in engaging in, promoting or inducing picketing (not constituting an exercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employes of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike.
111.06(2)(f)
(f) To hinder or prevent, by mass picketing, threats, intimidation, force or coercion of any kind the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance.
111.06(2)(g)
(g) To engage in a secondary boycott; or to hinder or prevent, by threats, intimidation, force, coercion or sabotage, the obtaining, use or disposition of materials, equipment or services; or to combine or conspire to hinder or prevent, by any means whatsoever, the obtaining, use or disposition of materials, equipment or services, provided, however, that nothing herein shall prevent sympathetic strikes in support of those in similar occupations working for other employers in the same craft.
111.06(2)(h)
(h) To take unauthorized possession of property of the employer or to engage in any concerted effort to interfere with production except by leaving the premises in an orderly manner for the purpose of going on strike.
Effective date note
NOTE: Par. (i) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).
111.06(2)(j)
(j) To commit any crime or misdemeanor in connection with any controversy as to employment relations.
111.06(2)(L)
(L) To engage in, promote or induce a jurisdictional strike.
111.06(2)(m)
(m) To coerce or intimidate an employer working at the same trade of the employer's employes to induce the employer to become a member of the labor organization of which they are members, permissible pursuant to
s. 111.06 (1) (b).
111.06(3)
(3) It shall be an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employes, or in connection with or to influence the outcome of any controversy as to employment relations any act prohibited by
subs. (1) and
(2).
111.06 Annotation
A company is not required to bargain over a decision to use equipment which eliminates jobs, but it is required to bargain over the effects of the decision on the rights of the employes to severance pay, seniority, etc. Libby, McNeill & Libby v. Wisconsin E. R. Comm. 48 W (2d) 272, 179 NW (2d) 805.
111.06 Annotation
Federal law has preempted the question of whether a union rule imposing a fine for exceeding production ceilings constitutes an unfair labor practice. UAW, Local 283 v. Scofield, 50 W (2d) 117, 183 NW (2d) 103.
111.06 Annotation
The failure of an employe who was allegedly discharged in violation of the contract to exhaust the available procedure precludes recourse to the courts absent a wrongful refusal by the union to process the grievance. Mahnke v. WERC, 66 W (2d) 524, 225 NW (2d) 617.
111.06 Annotation
See note to Art. VII, sec. 2, citing Layton School of Art & Design v. WERC, 82 W (2d) 324, 262 NW (2d) 218.
111.06 Annotation
State jurisdiction was preempted where secondary boycott violated federal act. Clarkin v. Dingeldein, 107 W (2d) 373, 320 NW (2d) 40 (Ct. App. 1982).
111.06 Annotation
Federal preemption of labor relations discussed. Machinists v. WERC, 427 US 132.
111.06 Annotation
Duty to bargain over decision to mechanize operations. Boivin, 55 MLR 179.
111.06 Annotation
Duty to bargain basic business decisions prior to implementation. 1971 WLR 1250.
111.07
111.07
Prevention of unfair labor practices. 111.07(1)
(1) Any controversy concerning unfair labor practices may be submitted to the commission in the manner and with the effect provided in this subchapter, but nothing herein shall prevent the pursuit of legal or equitable relief in courts of competent jurisdiction.
111.07(2)(a)(a) Upon the filing with the commission by any party in interest of a complaint in writing, on a form provided by the commission, charging any person with having engaged in any specific unfair labor practice, it shall mail a copy of such complaint to all other parties in interest. Any other person claiming interest in the dispute or controversy, as an employer, an employe, or their representative, shall be made a party upon application. The commission may bring in additional parties by service of a copy of the complaint. Only one such complaint shall issue against a person with respect to a single controversy, but any such complaint may be amended in the discretion of the commission at any time prior to the issuance of a final order based thereon. The person or persons so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the notice of hearing. The commission shall fix a time for the hearing on such complaint, which will be not less than 10 nor more than 40 days after the filing of such complaint, and notice shall be given to each party interested by service on the party personally or by mailing a copy thereof to the party at the party's last-known post-office address at least 10 days before such hearing. In case a party in interest is located without the state and has no known post-office address within this state, a copy of the complaint and copies of all notices shall be filed with the department of financial institutions and shall also be sent by registered mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service with the same force and effect as if served upon the party located within this state. Such hearing may be adjourned from time to time in the discretion of the commission and hearings may be held at such places as the commission shall designate.
