LRB-0956/1
CMH:all:wj
2015 - 2016 LEGISLATURE
February 23, 2015 - Introduced by
Committee on Senate Organization. Referred
to Committee on Labor and Government Reform.
SB44,1,6
1An Act to repeal 111.01 and 111.06 (1) (c) 2., 3. and 4.;
to renumber and amend
2111.04 and 111.06 (1) (c) 1.;
to amend 111.02 (3), 111.06 (1) (e), 111.06 (1) (i),
3111.39 (6) and 175.05 (6); and
to create 111.02 (9g), 111.04 (3) and 947.20 of the
4statutes;
relating to: prohibiting as a condition of employment membership in
5a labor organization or payments to a labor organization and providing a
6penalty.
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:
SB44,1
7Section
1. 111.01 of the statutes is repealed.
SB44,2
1Section
2. 111.02 (3) of the statutes is amended to read:
SB44,2,162
111.02
(3) "Collective bargaining unit" means all of the employees of one
3employer, employed within the state, except that where a majority of the employees
4engaged in a single craft, division, department or plant have voted by secret ballot
5as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they
6shall be so considered, but, in appropriate cases, and to aid in the more efficient
7administration of
ss. 111.01 to 111.19 this subchapter, the commission may find,
8where agreeable to all parties affected in any way thereby, an industry, trade or
9business comprising more than one employer in an association in any geographical
10area to be a "collective bargaining unit". A collective bargaining unit thus
11established by the commission shall be subject to all rights by termination or
12modification given by
ss. 111.01 to 111.19 this subchapter in reference to collective
13bargaining units otherwise established under
ss. 111.01 to 111.19 this subchapter.
14Two or more collective bargaining units may bargain collectively through the same
15representative where a majority of the employees in each separate unit have voted
16by secret ballot as provided in s. 111.05 (2) so to do.
SB44,3
17Section
3. 111.02 (9g) of the statutes is created to read:
SB44,2,2118
111.02
(9g) "Labor organization" means any employee organization in which
19employees participate and that exists for the purpose, in whole or in part, of engaging
20in collective bargaining with any employer concerning grievances, labor disputes,
21wages, hours, benefits, or other terms or conditions of employment.
SB44,4
22Section
4. 111.04 of the statutes is renumbered 111.04 (1) and amended to
23read:
SB44,3,324
111.04
(1) Employees shall have the right of self-organization and the right to
25form, join or assist labor organizations, to bargain collectively through
1representatives of their own choosing, and to engage in lawful, concerted activities
2for the purpose of collective bargaining or other mutual aid or protection
; and such
3employees.
SB44,3,7
4(2) Employees shall
also 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.
SB44,5
8Section
5. 111.04 (3) of the statutes is created to read:
SB44,3,109
111.04
(3) (a) No person may require, as a condition of obtaining or continuing
10employment, an individual to do any of the following:
SB44,3,1211
1. Refrain or resign from membership in, voluntary affiliation with, or
12voluntary financial support of a labor organization.
SB44,3,1313
2. Become or remain a member of a labor organization.
SB44,3,1514
3. Pay any dues, fees, assessments, or other charges or expenses of any kind
15or amount, or provide anything of value, to a labor organization.
SB44,3,1816
4. Pay to any 3rd party an amount that is in place of, equivalent to, or any
17portion of dues, fees, assessments, or other charges or expenses required of members
18of, or employees represented by, a labor organization.
SB44,3,2019
(b) This subsection applies to the extent permitted under federal law. If a
20provision of a contract violates this subsection, that provision is void.
SB44,6
21Section
6. 111.06 (1) (c) 1. of the statutes is renumbered 111.06 (1) (c) and
22amended to read:
SB44,4,323
111.06
(1) (c) To encourage or discourage membership in any labor
24organization, employee agency, committee, association
, or representation plan by
25discrimination in regard to hiring, tenure
, or other terms or conditions of
1employment
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.
SB44,7
4Section
7. 111.06 (1) (c) 2., 3. and 4. of the statutes are repealed.
SB44,8
5Section
8. 111.06 (1) (e) of the statutes is amended to read:
SB44,4,86
111.06
(1) (e) To bargain collectively with the representatives of less than a
7majority of the employer's employees in a collective bargaining unit, or to enter into
8an all-union agreement
except in the manner provided in par. (c).
SB44,9
9Section
9. 111.06 (1) (i) of the statutes is amended to read:
SB44,4,1610
111.06
(1) (i) To deduct labor organization dues or assessments from an
11employee's earnings, unless the employer has been presented with an individual
12order 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
14notice 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.
SB44,10
17Section
10. 111.39 (6) of the statutes is amended to read:
SB44,4,2218
111.39
(6) If an order issued under sub. (4) is unenforceable against any labor
19organization in which membership is a privilege,
the
an employer with whom the
20labor organization has an
enforceable all-union
shop agreement shall not be held
21accountable under this chapter
when if the employer is not responsible for the
22discrimination, the unfair honesty testing
, or the unfair genetic testing.
SB44,11
23Section
11. 175.05 (6) of the statutes is amended to read:
SB44,5,524
175.05
(6) Rights of labor. Nothing in this section shall be construed to impair,
25curtail or destroy the rights of employees and their representatives to
1self-organization, to form, join or assist labor organization, to strike, to bargain
2collectively through representatives of their own choosing, and to engage in
3concerted activities, for the purpose of collective bargaining or other mutual aid or
4protection, under either the federal labor relations act or
ss. 111.01 to 111.19 subch.
5I of ch. 111.
SB44,12
6Section
12. 947.20 of the statutes is created to read:
SB44,5,8
7947.20 Right to work. Anyone who violates s. 111.04 (3) (a) is guilty of a Class
8A misdemeanor.
SB44,13
9Section
13.
Initial applicability.
SB44,5,1210
(1) This act first applies to a collective bargaining agreement containing
11provisions inconsistent with this act upon the renewal, modification, or extension of
12the agreement occurring on or after the effective date of this subsection.