1997 Wisconsin Act 253

(d) Any picketing is maintained; or publication.

(e) Publication is being made of the existence of such a strike or lockout.

Note: Renumbers the provision and replaces language for greater readability and conformity with current style.

253,74 Section 74 . 103.43 (2) of the statutes is amended to read:

103.43 (2) Any person who, by himself or herself, or by a servant or agent, or as the servant or agent of any other person, or as an officer, director, servant or agent of any firm, corporation, association or organization of any kind, violates sub. (1) (a) shall upon conviction thereof be punished by a fine of be fined not more than $2,000 or by imprisonment imprisoned in the county jail for not more than one year or by both such fine and imprisonment.

Note: Replaces language and deletes redundant language for greater readability and conformity with current style.

253,75 Section 75 . 103.43 (3) of the statutes is amended to read:

103.43 (3) Any person worker who shall be is influenced, induced or persuaded to engage with any persons mentioned person specified in sub. (1) (a), through or by means of any of the things therein acts prohibited in sub. (1) (a), shall have a right of action for recovery of all damages that the person shall have sustained worker sustains in consequence of the false or deceptive representation, false advertising or false pretenses used to induce the person worker to change his or her place of employment in this state or to accept such employment in this state, against any person or persons, corporations or companies or associations, corporation, company or association, directly or indirectly, causing such the damage; and in. In addition to all such actual damages such workman that the worker may have sustained, sustain, the worker shall be entitled to recover such reasonable attorney fees as determined by the court shall fix, to be taxed as costs in any judgment recovered.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,76 Section 76 . 103.45 of the statutes is amended to read:

103.45 Time checks; penalty. All persons paying wages in time checks or other paper, other than legal money, shall make such those time checks or that paper payable in some designated place of business in the county in which the work was performed or at the office of the person paying the wages if within this state, or at any bank within this state. Any person failing to comply with this section shall be fined not to exceed $100 nor less than $10 nor more than $100.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,77 Section 77 . 103.455 of the statutes is amended to read:

103.455 Deductions for faulty workmanship, loss, theft or damage. No employer shall may make any deduction from the wages due or earned by any employe, who is not an independent contractor, for defective or faulty workmanship, lost or stolen property or damage to property, unless the employe authorizes the employer in writing to make such that deduction or unless the employer and a representative designated by the employe shall determine that such the defective or faulty work workmanship, loss or, theft, or damage is due to worker's the employe's negligence, carelessness, or wilful and intentional conduct on the part of such employe, or unless the employe is found guilty or held liable in a court of competent jurisdiction by reason thereof of that negligence, carelessness, or wilful and intentional conduct. If any such deduction is made or credit taken by any employer, that is not in accordance with this section, the employer shall be liable for twice the amount of the deduction or credit taken in a civil action brought by said the employe. Any agreement entered into between an employer and employe that is contrary to this section shall be void and of no force and effect. In case of a disagreement between the 2 parties, the department shall be the 3rd determining party, subject to any appeal to the court. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding to recover a deduction under this section.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,78 Section 78 . 103.46 (intro.) of the statutes is amended to read:

103.46 Contracts; promises to withdraw from or not to join labor, employers' or cooperative organizations are void. (intro.) Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in either any of the following is declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of any legal or equitable relief by any court:

Note: Deletes redundant language and reorganizes provision for greater readability and conformity with current style. See also the Notes following the next 2 Sections.

253,79 Section 79 . 103.46 (1) of the statutes is amended to read:

103.46 (1) A contract or agreement of hiring or employment between any employer and any employe or prospective employe, whereby in which either party to such the contract or agreement undertakes or promises not to join, become or remain, a member of any labor organization or of any organization of employers, or in which either party to such the contract or agreement undertakes or promises to withdraw from the employment relation in the event that he or she if the party joins, becomes or remains, a member of any labor organization or of any organization of employers; or.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,80 Section 80 . 103.46 (2) of the statutes is amended to read:

103.46 (2) In a A contract or agreement for the sale of agricultural, horticultural or dairy products between a producer of such those products and a distributor or purchaser thereof, whereby of those products, in which either party to such the contract or agreement undertakes or promises not to join, become or remain a member of any cooperative association organized under ch. 185 or of any trade association of the producers, distributors or purchasers of such those products , is hereby declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of legal or equitable relief by any court.

Note: Reorganizes provision and replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,81 Section 81 . 103.465 of the statutes is amended to read:

103.465 Restrictive covenants in employment contracts. A covenant by an assistant, servant or agent not to compete with his or her employer or principal during the term of the employment or agency, or thereafter after the termination of that employment or agency, within a specified territory and during a specified time is lawful and enforceable only if the restrictions imposed are reasonably necessary for the protection of the employer or principal. Any such restrictive covenant, described in this subsection, imposing an unreasonable restraint is illegal, void and unenforceable even as to so much any part of the covenant or performance as that would be a reasonable restraint.

Note: Replaces nonspecific references with specific references for greater readability and conformity with current style.

253,82 Section 82 . 103.51 (intro.) of the statutes is amended to read:

103.51 Public policy as to collective bargaining. (intro.) In the interpretation and application of ss. 103.51 to 103.62 103.505 to 103.61, the public policy of this state is declared as follows:

Note: Reflects renumbering of s. 103.62 for greater readability and conformity with current style.

253,83 Section 83 . 103.52 (1) (intro.) of the statutes is amended to read:

103.52 (1) (intro.) Every undertaking or promise made after July 1, 1931, whether written or oral, express or implied, between any employe or prospective employe and that person's employer, prospective employer or any other individual, firm, company, association or corporation is declared to be against public policy if either party thereto to the undertaking or promise undertakes or promises any of the following:

Note: Replaces nonspecific reference with specific references for greater readability and conformity with current style.

253,84 Section 84 . 103.52 (2) of the statutes is amended to read:

103.52 (2) No undertaking or promise described in sub. (1) shall afford any basis for the granting of legal or equitable relief by any court against a party to such the undertaking or promise, or against any other persons person, who may advise, urge or induce, without fraud, violence, or threat thereof, of fraud or violence either party thereto to to the undertaking or promise to act in disregard of such the undertaking or promise.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,85 Section 85 . 103.53 (1) of the statutes is amended to read:

103.53 (1) The following acts, whether performed singly or in concert, shall be considered legal:

(a) Ceasing or refusing to perform any work or to remain in any relation of employment regardless of any promise, undertaking, contract or agreement in violation of the public policy declared in s. 103.52;.

(b) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in s. 103.52;.

(c) Paying or giving to, any person any strike or unemployment benefits or insurance or other moneys or things of value;.

(d) By all Aiding, by lawful means aiding, any person who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any state;.

(e) Giving publicity to and obtaining or communicating information regarding the existence of, or the facts involved in, any dispute, whether by advertising, speaking, patrolling any public street or any place where any person or persons may lawfully be, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat thereof; of fraud, violence or breach of the peace.

(f) Ceasing to patronize or to employ any person or persons, but, except that nothing herein in this paragraph shall be construed to legalize a secondary boycott; .

(g) Assembling peaceably to do or to organize to do any of the acts heretofore specified in pars. (a) to (f) or to promote lawful interests;.

(h) Advising or notifying any person or persons of an intention to do any of the acts heretofore specified ; in pars. (a) to (g).

(i) Agreeing with other persons to do or not to do any of the acts heretofore specified; specified in pars. (a) to (h).

(j) Advising, urging, or inducing without fraud, violence, or threat thereof of fraud or violence, others to do the acts heretofore specified in pars. (a) to (i), regardless of any such undertaking or promise as is described in s. 103.52; and.

(k) Doing in concert any or all of the acts heretofore specified shall not constitute an unlawful combination or conspiracy; in pars. (a) to (j).

(L) Peaceful picketing or patrolling, whether engaged in singly or in numbers, shall be legal.

Note: Replaces semicolons, deletes redundant language and replaces nonspecific references with specific references for greater readability and conformity with current style.

253,86 Section 86 . 103.53 (2) of the statutes is amended to read:

103.53 (2) No court, nor any judge or judges thereof, shall have jurisdiction to issue any restraining order or temporary or permanent injunction which, in specific or general terms, prohibits any person or persons from doing, whether singly or in concert, any of the foregoing acts specified in sub. (1).

Note: Replaces nonspecific reference with specific reference and deletes redundant language for greater readability and conformity with current style.

253,87 Section 87 . 103.535 of the statutes is amended to read:

103.535 Unlawful conduct in labor controversies. It shall be unlawful for anyone to No person may picket, or induce others to picket, the establishment, employes, supply or delivery vehicles, or customers of anyone engaged in business, or to interfere with the person's business, or interfere with any person or persons desiring to transact or transacting business with the person, when no labor dispute, as defined in s. 103.62 (3), exists between the employer and the employer's employes or their representatives.

Note: Replaces language and deletes redundant language for greater readability and conformity with current style.

253,88 Section 88 . 103.54 of the statutes is renumbered 103.54 (intro.) and amended to read:

103.54 Responsibility for unlawful acts. (intro.) No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute (as these terms are defined in s. 103.62) shall, may be held responsible or liable in any civil action at law or suit in equity, or in any criminal prosecution, for the unlawful acts of individual officers, members, or agents, except upon proof by a preponderance of the evidence and without the aid of any presumptions of law or fact, both of (a) the doing of such acts by persons who are of all of the following:

(1) That individual officers, members or agents of any such the association or organization, and (b) actual participation in, or actual authorization of, such acts, or ratification of such committed those acts.

(2) That the officer or member, or association or organization, sought to be held liable or responsible actually participated in or authorized those acts or ratified those acts after with actual knowledge thereof by such association or organization of those acts.

Note: Reorganizes provision, replaces language and nonspecific references with specific references and deletes redundant language for greater readability and conformity with current style.

253,89 Section 89 . 103.55 (1) of the statutes is amended to read:

103.55 (1) Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for the reasons that all of the following reasons:

(a) The That the existing state of affairs cannot be maintained but is necessarily altered by the injunction; .

(b) Determination That determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error; .

(c) Error That error in issuing the injunctive relief is usually irreparable to the opposing party; and.

(d) Delay That delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.

Note: Replaces language and semicolons with periods for greater readability and conformity with current style.

253,90 Section 90 . 103.56 (1) (intro.) and (a) to (e) of the statutes are amended to read:

103.56 (1) (intro.) No court nor any judge or judges thereof shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in s. 103.62, except after hearing the testimony of witnesses in open court ( ,with opportunity for cross-examination), in support of the allegations of a complaint made under oath, and testimony in opposition thereto to the allegations of the complaint, if offered, and except after findings of all of the following facts by the court or judge or judges thereof:

(a) That unlawful acts have been threatened or committed and will be executed or continued unless restrained;.

(b) That substantial and irreparable injury to complainant's property will follow unless the relief requested is granted;.

(c) That as to each item of relief granted greater injury will be inflicted upon the complainant by the denial thereof of that relief than will be inflicted upon the defendants by the granting thereof; of that relief.

(d) That the relief to be granted does not violate s. 103.53;.

(e) That the complainant has no adequate remedy at law; and.

Note: Replaces parentheses and semicolons, deletes redundant phrases and inserts specific references for greater readability and conformity with current style.

253,91 Section 91 . 103.56 (2) of the statutes is amended to read:

103.56 (2) Such A hearing under sub. (1) shall be held after due and personal notice thereof of the hearing has been given, in such the manner as that the court shall direct, to all known persons against whom relief is sought, and also to those public officers who are charged with the duty to protect the complainant's property. Provided, however, that if a complainant shall also allege that unless a temporary restraining order shall be issued before such hearing may be had, a substantial and irreparable injury to complainant's property will be unavoidable, such temporary restraining order may be granted upon the expiration of such reasonable notice of application therefor as the court may direct by order to show cause, but in no case less than forty-eight hours.

Note: Adds cross-reference and replaces word form of numbers with digits and other language for greater readability and conformity with current style. The 2nd sentence of this provision is stricken and added to sub. (3) for more logical placement. See the next section of this bill.

253,92 Section 92 . 103.56 (3) of the statutes is amended to read:

103.56 (3) Such If a complainant alleges that a substantial and irreparable injury to the complainant's property will be unavoidable unless a temporary restraining order is issued before a hearing under sub. (1) may be had, a temporary restraining order may be granted on reasonable notice of application for the temporary restraining order as the court may direct by order to show cause, but in no case less than 48 hour's notice. The order to show cause shall be served upon such the party or parties as that are sought to be restrained and as shall be that are specified in said the order , and then. The order shall be issued only upon testimony under oath, or , in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as herein provided for under this section.

Note: See the note to the previous section of this bill. Divides preexisting provision into 2 sentences and replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,93 Section 93 . 103.56 (4) of the statutes is amended to read:

103.56 (4) Such a A temporary restraining order issued under sub. (3) shall be effective for no longer than five 5 days, and, at the expiration of said five days the 5-day period, shall become void and not subject to renewal or extension, provided, however, except that if the hearing for a temporary injunction shall have been begun begins before the expiration of the said five days the 5-day period the restraining order may in the court's discretion be continued until a decision is reached upon on the issuance of the temporary injunction.

Note: Replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,94 Section 94 . 103.56 (5) of the statutes is amended to read:

103.56 (5) No temporary restraining order or temporary injunction shall may be issued under this section except on condition that the complainant shall first file files an undertaking with adequate security sufficient to recompense compensate those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such the order or injunction, including all reasonable costs (together with a, reasonable attorney's fee) attorney fees and expense against expenses that will be incurred in opposing the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.

Note: Inserts cross-reference, deletes parentheses and replaces word form of numbers with digits and other language for greater readability and conformity with current style.