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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 539
October 18, 2023 - Introduced by Representatives SINICKI, SHANKLAND, OHNSTAD,
NEUBAUER, SUBECK, CONLEY, HONG, JOERS, EMERSON, CABRERA, STUBBS,
SNODGRASS, SHELTON, RATCLIFF, J. ANDERSON, CONSIDINE, C. ANDERSON, GOYKE,
PALMERI and DRAKE, cosponsored by Senators SPREITZER, L. JOHNSON, AGARD,
LARSON, HESSELBEIN, ROYS, CARPENTER and PFAFF. Referred to Committee on
Labor and Integrated Employment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 111.04 (3) and 947.20; to consolidate, renumber and amend
111.04 (1) and (2); to amend 111.06 (1) (c), 111.06 (1) (e) and 111.06 (1) (i); and
to create 111.01 of the statutes; relating to: eliminating the right-to-work
law.
Analysis by the Legislative Reference Bureau
The current right-to-work law 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. This bill repeals these prohibitions and the associated misdemeanor
offense for violating the right-to-work law.
The bill explicitly provides that, when an all-union agreement is in effect, it is
not an unfair labor practice to encourage or discourage membership in a labor
organization or to deduct labor organization dues or assessments from an employee's
earnings. The bill sets conditions under which an employer may enter into an
all-union agreement. The bill also sets conditions for the continuation or
termination of all-union agreements, including that, if the Wisconsin Employment
Relations Commission determines there is reasonable ground to believe employees
in an all-union agreement have changed their attitude about the agreement, WERC
is required to conduct a referendum to determine whether the employees wish to
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continue the agreement. WERC is required to terminate an all-union agreement if
it finds the union unreasonably refused to admit an employee into the union.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 111.01 of the statutes is created to read:
111.01 Declaration of policy. The public policy of the state as to employment
relations and collective bargaining, in the furtherance of which this subchapter is
enacted, is declared to be as follows:
(1) It recognizes that there are 3 major interests involved, namely: the public,
the employee, and the employer. These 3 interests are to a considerable extent
interrelated. It is the policy of the state to protect and promote each of these interests
with due regard to the situation and to the rights of the others.
(2) Industrial peace, regular and adequate income for the employee, and
uninterrupted production of goods and services are promotive of all of these
interests. They are largely dependent upon the maintenance of fair, friendly, and
mutually satisfactory employment relations and the availability of suitable
machinery for the peaceful adjustment of whatever controversies may arise. It is
recognized that certain employers, including farmers, farmer cooperatives, and
unincorporated farmer cooperative associations, in addition to their general
employer problems, face special problems arising from perishable commodities and
seasonal production that require adequate consideration. It is also recognized that
whatever may be the rights of disputants with respect to each other in any
controversy regarding employment relations, they should not be permitted, in the
conduct of their controversy, to intrude directly into the primary rights of 3rd parties
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to earn a livelihood, transact business, and engage in the ordinary affairs of life by
any lawful means and free from molestation, interference, restraint, or coercion.
(3) Negotiations of terms and conditions of work should result from voluntary
agreement between employer and employee. For the purpose of such negotiation an
employee has the right, if the employee desires, to associate with others in organizing
and bargaining collectively through representatives of the employee's own choosing,
without intimidation or coercion from any source.
(4) It is the policy of the state, in order to preserve and promote the interests
of the public, the employee, and the employer alike, to establish standards of fair
conduct in employment relations and to provide a convenient, expeditious, and
impartial tribunal by which these interests may have their respective rights and
obligations adjudicated. While limiting individual and group rights of aggression
and defense, the state substitutes processes of justice for the more primitive methods
of trial by combat.
SECTION 2. 111.04 (1) and (2) of the statutes are consolidated, renumbered
111.04 and amended to read:
111.04 Rights of employees. 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. (2) Employees shall also have the right to refrain from 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 such activities.
SECTION 3. 111.04 (3) of the statutes is repealed.
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SECTION 4 ASSEMBLY BILL 539
SECTION 4. 111.06 (1) (c) of the statutes is amended to read:
111.06 (1) (c) To encourage or discourage membership in any labor
organization, employee agency, committee, association, or representation plan by
discrimination in regard to hiring, tenure, or other terms or conditions of
employment except in a collective bargaining unit where an all-union agreement is
in effect. An employer may enter into an all-union agreement with the voluntarily
recognized representative of the employees in a collective bargaining unit, where at
least a majority of such employees voting have voted affirmatively, by secret ballot,
in favor of the all-union agreement in a referendum conducted by the commission,
except that where the bargaining representative has been certified by either the
commission or the national labor relations board as the result of a representation
election, no referendum is required to authorize the entry into an all-union
agreement. An authorization of an all-union agreement continues, subject to the
right of either party to the all-union agreement to petition the commission to conduct
a new referendum on the subject. Upon receipt of the petition, if the commission
determines there is reasonable ground to believe that the employees concerned have
changed their attitude toward the all-union agreement, the commission shall
conduct a referendum. If the continuance of the all-union agreement is supported
on a referendum by a vote at least equal to that provided in this paragraph for its
initial authorization, it may continue, subject to the right to petition for a further
vote by the procedure under this paragraph. If the continuance of the all-union
agreement is not supported on a referendum, it terminates at the expiration of the
contract of which it is then a part or at the end of one year from the date of the
announcement by the commission of the result of the referendum, whichever is
earlier. The commission shall declare any all-union agreement terminated
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whenever it finds that the labor organization involved has unreasonably refused to
receive as a member any employee of such employer. An interested person may, as
provided in s. 111.07, request the commission to perform this duty.
SECTION 5. 111.06 (1) (e) of the statutes is amended to read:
111.06 (1) (e) To bargain collectively with the representatives of less than a
majority of the employer's employees in a collective bargaining unit, or to enter into
an all-union agreement except in the manner provided in par. (c).
SECTION 6. 111.06 (1) (i) of the statutes is amended to read:
111.06 (1) (i) To deduct labor organization dues or assessments from an
employee's earnings, unless the employer has been presented with an individual
order therefor, signed by the employee personally, and terminable at the end of any
year of its life by the employee giving to the employer at least 30 days' written notice
of the termination. This paragraph applies to the extent permitted under federal law
unless there is an all-union agreement in effect. The employer shall give notice to
the labor organization of receipt of a notice of termination.
SECTION 7. 947.20 of the statutes is repealed.
(END)
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