Amendment ASA1-SB44

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 44

March 5, 2015 - Offered by Representatives Genrich, Barca, Shankland, Jorgensen, Zamarripa, Berceau, Billings, Bowen, Brostoff, Considine, Danou, Doyle, Goyke, Hebl, Hesselbein, Hintz, Johnson, Kahl, Kessler, Kolste, Mason, Meyers, Milroy, Ohnstad, Pope, Riemer, Sargent, Sinicki, Spreitzer, Stuck, Subeck, C. Taylor, Wachs, Young and Zepnick.

SB44-ASA1,1,6 An Act to repeal 111.01; to renumber and amend 111.04; to amend 111.02 (3), 111.39 (6) and 175.05 (6); and to create 111.02 (9g), 111.04 (3) and 947.20 of the statutes; relating to: prohibiting as a condition of employment membership in a labor organization or payments to a labor organization, collection of nonchargeable expenses by private sector unions, and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB44-ASA1,1 Section 1. 111.01 of the statutes is repealed.

SB44-ASA1,2 Section 2. 111.02 (3) of the statutes is amended to read:

SB44-ASA1,2,12 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19 this subchapter, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 this subchapter in reference to collective 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 representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

SB44-ASA1,3 Section 3. 111.02 (9g) of the statutes is created to read:

SB44-ASA1,2,17 111.02 (9g) "Labor organization" means any employee organization in which employees participate and that exists for the purpose, in whole or in part, of engaging in collective bargaining with any employer concerning grievances, labor disputes, wages, hours, benefits, or other terms or conditions of employment.

SB44-ASA1,4 Section 4. 111.04 of the statutes is renumbered 111.04 (1) and amended to read:

SB44-ASA1,2,24 111.04 (1) Employees 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 employees.

SB44-ASA1,3,4 (2) Employees shall also have the right to refrain from any or all of such activities self-organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection.

SB44-ASA1,5 Section 5. 111.04 (3) of the statutes is created to read:

SB44-ASA1,3,9 111.04 (3) (a) In this subsection, "nonchargeable expenses" means expenses, for purposes other than a labor organization's normal duties of collective bargaining and union representation, that a labor organization is prohibited under federal law from requiring its members or other individuals to pay.

SB44-ASA1,3,11 (am) No person may require, as a condition of obtaining or continuing employment, an individual to do any of the following:

SB44-ASA1,3,13 1. Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization.

SB44-ASA1,3,14 2. Become or remain a member of a labor organization.

SB44-ASA1,3,16 3. Pay to a labor organization any dues, fees, assessments, or provide anything of value, for nonchargeable expenses.

SB44-ASA1,3,19 4. Pay to any 3rd party an amount that is in place of, equivalent to, or any portion of dues, fees, assessments for nonchargeable expenses required of members of, or employees represented by, a labor organization.

SB44-ASA1,3,23 (b) This subsection applies to the extent permitted under federal law and shall be interpreted in accordance with federal case law concerning the collection of nonchargeable expenses by private sector labor organizations. If a provision of a contract violates this subsection, that provision is void.

SB44-ASA1,6 Section 6. 111.39 (6) of the statutes is amended to read:

SB44-ASA1,4,5 111.39 (6) If an order issued under sub. (4) is unenforceable against any labor organization in which membership is a privilege, the an employer with whom the labor organization has an enforceable all-union shop agreement shall not be held accountable under this chapter when if the employer is not responsible for the discrimination, the unfair honesty testing, or the unfair genetic testing.

SB44-ASA1,7 Section 7. 175.05 (6) of the statutes is amended to read:

SB44-ASA1,4,13 175.05 (6) Rights of labor. Nothing in this section shall be construed to impair, curtail or destroy the rights of employees and their representatives to self-organization, to form, join or assist labor organization, to strike, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, under either the federal labor relations act or ss. 111.01 to 111.19 subch. I of ch. 111.

SB44-ASA1,8 Section 8. 947.20 of the statutes is created to read:

SB44-ASA1,4,16 947.20 Right to work. Anyone who violates s. 111.04 (3) (am) is guilty of a Class A misdemeanor.

SB44-ASA1,9 Section 9. Initial applicability.

SB44-ASA1,4,20 (1) This act first applies to a collective bargaining agreement containing provisions inconsistent with this act upon the renewal, modification, or extension of the agreement occurring on or after the effective date of this subsection.

SB44-ASA1,4,21 (End)