103.50(5)
(5) Appeals to governor. If the department of transportation considers any determination of the department of workforce development as to the prevailing wage rates and the prevailing hours of labor in an area to have been incorrect, it may appeal to the governor, whose determination shall be final.
103.50(6)
(6) Contents of contracts. A reference to the prevailing wage rates and the prevailing hours of labor determined under
sub. (3) shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates and prevailing hours of labor determined under
sub. (3) shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department of workforce development, that department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department and the provisions of
subs. (2) and
(7) shall be kept posted by the department of transportation in at least one conspicuous and easily accessible place on the site of the project.
103.50(7)(a)(a) Except as provided in
pars. (b),
(d) and
(f), any contractor, subcontractor or agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such violation continues shall be considered a separate offense.
103.50(7)(b)
(b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under
s. 946.15 (1).
103.50(7)(c)
(c) Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under
s. 946.15 (2).
103.50(7)(d)
(d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such project to be deducted from the individual's pay is guilty of an offense under
s. 946.15 (3), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from an individual who is working on a project that is subject to
40 USC 276c.
103.50(7)(e)
(e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such project to be deducted from his or her pay is guilty of an offense under
s. 946.15 (4), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from an individual who is working on a project that is subject to
40 USC 276c.
103.50(7)(f)
(f) Paragraph (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under
sub. (3) or
(4).
103.50(8)
(8) Enforcement and prosecution. The department of transportation shall require adherence to
subs. (2) and
(6). The department of transportation may demand and examine, and it shall be the duty of every contractor, subcontractor and agent thereof to keep and furnish to the department of transportation, copies of payrolls and other records and information relating to the wages paid to persons described in
sub. (2m) for work to which this section applies. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall make such investigation as necessary and prosecute violations in a court of competent jurisdiction.
Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.
103.50 Cross-reference
Cross-reference: See s.
227.01 (13) (t) for provision that determinations of hours, wages and truck rentals need not be filed as rules but are subject to review under Chapter
227.
103.50 Annotation
The WERC has no jurisdiction to enforce wage rates on a highway project as an unfair labor practice if the rates are violated, where the complaining union had no members among the employes affected and was not seeking to represent them. Chauffeurs, Teamsters & Helpers v. WERC, 51 W (2d) 391, 187 NW (2d) 364.
103.50 Annotation
The department may not make more than one annual certification of the prevailing hours of labor or prevailing wage rates to apply to state highway project contracts. 59 Atty. Gen. 23.
103.505
103.505
Collective bargaining; definitions. When used in
ss. 103.505 to
103.61, and for the purposes of those sections:
103.505(1)
(1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employes of one employer; or who are members of the same or an affiliated organization of employers or employes; whether such dispute is any of the following:
103.505(1)(a)
(a) Between one or more employers or associations of employers and one or more employes or associations of employes.
103.505(1)(b)
(b) Between one or more employers or associations of employers and one or more employers or associations of employers.
103.505(1)(c)
(c) Between one or more employes or associations of employes and one or more employes or associations of employes.
103.505(1)(d)
(d) Between any conflicting or competing interests in a labor dispute of persons participating or interested in the labor dispute.
103.505(2)
(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against the person or association and if the person or association is engaged in the industry, trade, craft, or occupation in which the labor dispute occurs, or is a member, officer, or agent of any association of employers or employes engaged in that industry, trade, craft, or occupation.
103.505(3)
(3) ``Labor dispute" means any controversy between an employer and the majority of the employer's employes in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. Any organization with which either the employer or the majority of the employer's employes is affiliated may be considered a party to the labor dispute.
103.505 History
History: 1993 a. 492;
1995 a. 225;
1997 a. 35;
1997 a. 253 ss.
104,
105; Stats. 1997 s. 103.505.
103.51
103.51
Public policy as to collective bargaining. In the interpretation and application of
ss. 103.505 to
103.61, the public policy of this state is declared as follows:
103.51(1)
(1) Negotiation of terms and conditions of labor should result from voluntary agreement between employer and employes. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers, the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual worker have full freedom of association, self-organization, and the designation of representatives of the worker's own choosing, to negotiate the terms and conditions of the worker's employment, and that the worker shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
103.51 History
History: 1995 a. 225;
1997 a. 253.
103.52
103.52
"Yellow-dog" contracts. 103.52(1)
(1) 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 to the undertaking or promise undertakes or promises any of the following:
103.52(1)(a)
(a) To join or to remain a member of some specific labor organization or to join or remain a member of some specific employer organization or any employer organization.
103.52(1)(b)
(b) Not to join or not to remain a member of some specific labor organization or any labor organization, or of some specific employer organization or any employer organization.
103.52(1)(c)
(c) To withdraw from an employment relation in the event that the party joins or remains a member of some specific labor organization or any labor organization, or of some specific employer organization or any employer organization.
103.52(2)
(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 the undertaking or promise, or against any other person, who may advise, urge or induce, without fraud, violence or threat of fraud or violence either party to the undertaking or promise to act in disregard of the undertaking or promise.
103.52 History
History: 1993 a. 492;
1997 a. 253.
103.53
103.53
Lawful conduct in labor disputes. 103.53(1)
(1) The following acts, whether performed singly or in concert, shall be considered legal:
103.53(1)(a)
(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.
103.53(1)(b)
(b) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any undertaking or promise as is described in
s. 103.52.
103.53(1)(c)
(c) Paying or giving to any person any strike or unemployment benefits or insurance or other moneys or things of value.
103.53(1)(d)
(d) Aiding, by lawful means, 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.
103.53(1)(e)
(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 may lawfully be, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat of fraud, violence or breach of the peace.
103.53(1)(f)
(f) Ceasing to patronize or to employ any person, except that nothing in this paragraph shall be construed to legalize a secondary boycott.
103.53(1)(g)
(g) Assembling peaceably to do or to organize to do any of the acts specified in
pars. (a) to
(f) or to promote lawful interests.
103.53(1)(h)
(h) Advising or notifying any person or persons of an intention to do any of the acts specified in
pars. (a) to
(g).
103.53(1)(i)
(i) Agreeing with other persons to do or not to do any of the acts specified in
pars. (a) to
(h).
103.53(1)(j)
(j) Advising, urging, or inducing without fraud, violence, or threat of fraud or violence, others to do the acts specified in
pars. (a) to
(i), regardless of any undertaking or promise as described in
s. 103.52.
103.53(2)
(2) No court shall have jurisdiction to issue any restraining order or temporary or permanent injunction which, in specific or general terms, prohibits any person from doing, whether singly or in concert, any of the acts specified in
sub. (1).
103.53 History
History: 1997 a. 253.
103.535
103.535
Unlawful conduct in labor controversies. No person may picket, or induce others to picket, the establishment, employes, supply or delivery vehicles, or customers of anyone engaged in business, or interfere with the person's business, or interfere with any person desiring to transact or transacting business with the person, when no labor dispute exists between the employer and the employer's employes or their representatives.
103.535 History
History: 1993 a. 492;
1997 a. 253.
103.54
103.54
Responsibility for unlawful acts. No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute 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 of all of the following:
103.54(1)
(1) That individual officers, members or agents of the association or organization committed those acts.
103.54(2)
(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 with actual knowledge of those acts.
103.54 History
History: 1997 a. 253.
103.545
103.545
Recruitment of strikebreakers. 103.545(1)(b)
(b) "Strikebreaker" means any person who at least twice during the previous 12-month period has accepted employment for the duration of a strike or a lockout in place of employes who are involved in a strike or lockout of a specific employer, but does not include any supervisory or other permanent employe of the employer who is temporarily assigned to perform the duties of an employe involved in a strike or lockout or other permanent or contractual employe whose services are necessary to ensure that the plant or other property of the employer involved in the strike or lockout is properly maintained and protected for the resumption of normal operations at any time.
103.545(2)
(2) No employer may knowingly employ or contract with another to employ any strikebreaker to replace employes who are on strike against the employer or locked out by it.
103.545(3)
(3) No person who is not directly involved in a strike or lockout may recruit any strikebreaker for employment or secure or offer to secure employment for any strikebreaker when the purpose thereof is to have the strikebreaker replace an employe in an industry or establishment where a strike or lockout exists.
103.545(4)
(4) No person, including a licensed employment agent, may transport or arrange to transport to this state any strikebreaker to be engaged in employment for the purpose of replacing employes in an industry or establishment where a strike or lockout exists.
103.545(5)
(5) Whoever violates this section or any order of the department issued under this section may be fined not more than $2,000 or imprisoned in the county jail for not more than one year or both.
103.545(6)
(6) Upon complaint of an affected employer, labor organization or employe, the department may investigate violations and issue orders to enforce this section. The investigations and orders shall be made as provided under
s. 103.005. Orders are subject to review as provided in
ch. 227. The department of justice may, upon request of the commission, prosecute violations of this section in any court of competent jurisdiction.
103.55
103.55
Public policy as to labor litigation. In the interpretation and application of
ss. 103.56 to
103.59, the public policy of this state is declared to be:
103.55(1)
(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 all of the following reasons:
103.55(1)(a)
(a) That the existing state of affairs cannot be maintained but is necessarily altered by the injunction.
103.55(1)(b)
(b) 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.
103.55(1)(c)
(c) That error in issuing the injunctive relief is usually irreparable to the opposing party.
103.55(1)(d)
(d) 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.
103.56
103.56
Injunctions: conditions of issuance; restraining orders. 103.56(1)(1) No court shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, 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 to the allegations of the complaint, if offered, and except after findings of all of the following facts by the court:
103.56(1)(a)
(a) That unlawful acts have been threatened or committed and will be executed or continued unless restrained.
103.56(1)(b)
(b) That substantial and irreparable injury to complainant's property will follow unless the relief requested is granted.
103.56(1)(c)
(c) That as to each item of relief granted greater injury will be inflicted upon the complainant by the denial of that relief than will be inflicted upon the defendants by the granting of that relief.
103.56(1)(e)
(e) That the complainant has no adequate remedy at law.
103.56(1)(f)
(f) That the public officers charged with the duty to protect complainant's property have failed or are unable to furnish adequate protection.
103.56(2)
(2) A hearing under
sub. (1) shall be held after due and personal notice of the hearing has been given, in the manner 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.
103.56(3)
(3) 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 the party or parties that are sought to be restrained and that are specified in the order. 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 provided for under this section.
103.56(4)
(4) A temporary restraining order issued under
sub. (3) shall be effective for no longer than 5 days and, at the expiration of the 5-day period, shall become void and not subject to renewal or extension, except that if the hearing for a temporary injunction s begins before the expiration of the the 5-day period the restraining order may in the court's discretion be continued until a decision is reached on the issuance of the temporary injunction.
103.56(5)
(5) No temporary restraining order or temporary injunction may be issued under this section except on condition that the complainant first files an undertaking with adequate security sufficient to compensate those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of the order or injunction, including all reasonable costs, reasonable attorney fees and expenses that will be incurred in opposing the order or the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.
103.56(6)
(6) The undertaking required under
sub. (5) shall represent an agreement between the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against the complainant and surety, the complainant and surety submitting themselves to the jurisdiction of the court for that purpose. However, nothing contained in this section deprives any party having a claim or cause of action under or upon an undertaking filed under
sub. (5) from electing to pursue an ordinary remedy by suit at law or in equity.
103.56 History
History: 1993 a. 492;
1997 a. 253.
103.56 Annotation
Sub. (1) and 103.62, relating to limitations upon the jurisdiction of a court to issue injunctions in cases arising from labor disputes, are inapplicable to actions brought by the state or its political subdivisions against public employes. Joint School v. Wisconsin Rapids Ed. Assoc. 70 W (2d) 292, 234 NW (2d) 289.
103.57
103.57
Clean hands doctrine. No restraining order or injunctive relief may be granted to any complainant who has failed to comply with any legal obligation which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle the dispute either by negotiation or with the aid of any available machinery of governmental mediation or voluntary arbitration, but nothing in this section requires a court to await the action of any such tribunal if irreparable injury is threatened.
