Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB539 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 539
5	5	October 18, 2023 - Introduced by Representatives SINICKI, SHANKLAND, OHNSTAD,
6	6	NEUBAUER, SUBECK, CONLEY, HONG, JOERS, EMERSON, CABRERA, STUBBS,
7	7	SNODGRASS, SHELTON, RATCLIFF, J. ANDERSON, CONSIDINE, C. ANDERSON, GOYKE,
8	8	PALMERI and DRAKE, cosponsored by Senators SPREITZER, L. JOHNSON, AGARD,
9	9	LARSON, HESSELBEIN, ROYS, CARPENTER and PFAFF. Referred to Committee on
10	10	Labor and Integrated Employment.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to repeal 111.04 (3) and 947.20; to consolidate, renumber and amend
13	13	111.04 (1) and (2); to amend 111.06 (1) (c), 111.06 (1) (e) and 111.06 (1) (i); and
14	14	to create 111.01 of the statutes; relating to: eliminating the right-to-work
15	15	law.
16	16	Analysis by the Legislative Reference Bureau
17	17	The current right-to-work law prohibits a person from requiring, as a
18	18	condition of obtaining or continuing employment, an individual to refrain or resign
19	19	from membership in a labor organization, to become or remain a member of a labor
20	20	organization, to pay dues or other charges to a labor organization, or to pay any other
21	21	person an amount that is in place of dues or charges required of members of a labor
22	22	organization. This bill repeals these prohibitions and the associated misdemeanor
23	23	offense for violating the right-to-work law.
24	24	The bill explicitly provides that, when an all-union agreement is in effect, it is
25	25	not an unfair labor practice to encourage or discourage membership in a labor
26	26	organization or to deduct labor organization dues or assessments from an employee's
27	27	earnings. The bill sets conditions under which an employer may enter into an
28	28	all-union agreement. The bill also sets conditions for the continuation or
29	29	termination of all-union agreements, including that, if the Wisconsin Employment
30	30	Relations Commission determines there is reasonable ground to believe employees
31	31	in an all-union agreement have changed their attitude about the agreement, WERC
32	32	is required to conduct a referendum to determine whether the employees wish to
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38	38	ASSEMBLY BILL 539
39	39	continue the agreement. WERC is required to terminate an all-union agreement if
40	40	it finds the union unreasonably refused to admit an employee into the union.
41	41	For further information see the state and local fiscal estimate, which will be
42	42	printed as an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 111.01 of the statutes is created to read:
46	46	111.01 Declaration of policy. The public policy of the state as to employment
47	47	relations and collective bargaining, in the furtherance of which this subchapter is
48	48	enacted, is declared to be as follows:
49	49	(1) It recognizes that there are 3 major interests involved, namely: the public,
50	50	the employee, and the employer. These 3 interests are to a considerable extent
51	51	interrelated. It is the policy of the state to protect and promote each of these interests
52	52	with due regard to the situation and to the rights of the others.
53	53	(2) Industrial peace, regular and adequate income for the employee, and
54	54	uninterrupted production of goods and services are promotive of all of these
55	55	interests. They are largely dependent upon the maintenance of fair, friendly, and
56	56	mutually satisfactory employment relations and the availability of suitable
57	57	machinery for the peaceful adjustment of whatever controversies may arise. It is
58	58	recognized that certain employers, including farmers, farmer cooperatives, and
59	59	unincorporated farmer cooperative associations, in addition to their general
60	60	employer problems, face special problems arising from perishable commodities and
61	61	seasonal production that require adequate consideration. It is also recognized that
62	62	whatever may be the rights of disputants with respect to each other in any
63	63	controversy regarding employment relations, they should not be permitted, in the
64	64	conduct of their controversy, to intrude directly into the primary rights of 3rd parties
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89	89	to earn a livelihood, transact business, and engage in the ordinary affairs of life by
90	90	any lawful means and free from molestation, interference, restraint, or coercion.
91	91	(3) Negotiations of terms and conditions of work should result from voluntary
92	92	agreement between employer and employee. For the purpose of such negotiation an
93	93	employee has the right, if the employee desires, to associate with others in organizing
94	94	and bargaining collectively through representatives of the employee's own choosing,
95	95	without intimidation or coercion from any source.
96	96	(4) It is the policy of the state, in order to preserve and promote the interests
97	97	of the public, the employee, and the employer alike, to establish standards of fair
98	98	conduct in employment relations and to provide a convenient, expeditious, and
99	99	impartial tribunal by which these interests may have their respective rights and
100	100	obligations adjudicated. While limiting individual and group rights of aggression
101	101	and defense, the state substitutes processes of justice for the more primitive methods
102	102	of trial by combat.
103	103	SECTION 2. 111.04 (1) and (2) of the statutes are consolidated, renumbered
104	104	111.04 and amended to read:
105	105	111.04 Rights of employees. Employees shall have the right of
106	106	self-organization and the right to form, join or assist labor organizations, to bargain
107	107	collectively through representatives of their own choosing, and to engage in lawful,
108	108	concerted activities for the purpose of collective bargaining or other mutual aid or
109	109	protection. (2) Employees shall also have the right to refrain from self-organization;
110	110	forming, joining, or assisting labor organizations; bargaining collectively through
111	111	representatives; or engaging in activities for the purpose of collective bargaining or
112	112	other mutual aid or protection such activities.
113	113	SECTION 3. 111.04 (3) of the statutes is repealed.
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140	140	SECTION 4 ASSEMBLY BILL 539
141	141	SECTION 4. 111.06 (1) (c) of the statutes is amended to read:
142	142	111.06 (1) (c) To encourage or discourage membership in any labor
143	143	organization, employee agency, committee, association, or representation plan by
144	144	discrimination in regard to hiring, tenure, or other terms or conditions of
145	145	employment except in a collective bargaining unit where an all-union agreement is
146	146	in effect. An employer may enter into an all-union agreement with the voluntarily
147	147	recognized representative of the employees in a collective bargaining unit, where at
148	148	least a majority of such employees voting have voted affirmatively, by secret ballot,
149	149	in favor of the all-union agreement in a referendum conducted by the commission,
150	150	except that where the bargaining representative has been certified by either the
151	151	commission or the national labor relations board as the result of a representation
152	152	election, no referendum is required to authorize the entry into an all-union
153	153	agreement. An authorization of an all-union agreement continues, subject to the
154	154	right of either party to the all-union agreement to petition the commission to conduct
155	155	a new referendum on the subject. Upon receipt of the petition, if the commission
156	156	determines there is reasonable ground to believe that the employees concerned have
157	157	changed their attitude toward the all-union agreement, the commission shall
158	158	conduct a referendum. If the continuance of the all-union agreement is supported
159	159	on a referendum by a vote at least equal to that provided in this paragraph for its
160	160	initial authorization, it may continue, subject to the right to petition for a further
161	161	vote by the procedure under this paragraph. If the continuance of the all-union
162	162	agreement is not supported on a referendum, it terminates at the expiration of the
163	163	contract of which it is then a part or at the end of one year from the date of the
164	164	announcement by the commission of the result of the referendum, whichever is
165	165	earlier. The commission shall declare any all-union agreement terminated
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193	193	SECTION 4
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195	195	whenever it finds that the labor organization involved has unreasonably refused to
196	196	receive as a member any employee of such employer. An interested person may, as
197	197	provided in s. 111.07, request the commission to perform this duty.
198	198	SECTION 5. 111.06 (1) (e) of the statutes is amended to read:
199	199	111.06 (1) (e) To bargain collectively with the representatives of less than a
200	200	majority of the employer's employees in a collective bargaining unit, or to enter into
201	201	an all-union agreement except in the manner provided in par. (c).
202	202	SECTION 6. 111.06 (1) (i) of the statutes is amended to read:
203	203	111.06 (1) (i) To deduct labor organization dues or assessments from an
204	204	employee's earnings, unless the employer has been presented with an individual
205	205	order therefor, signed by the employee personally, and terminable at the end of any
206	206	year of its life by the employee giving to the employer at least 30 days' written notice
207	207	of the termination. This paragraph applies to the extent permitted under federal law
208	208	unless there is an all-union agreement in effect. The employer shall give notice to
209	209	the labor organization of receipt of a notice of termination.
210	210	SECTION 7. 947.20 of the statutes is repealed.
211	211	(END)
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