Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB519 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 SENATE BILL 519
5	5	October 16, 2023 - Introduced by Senators SPREITZER, L. JOHNSON, AGARD, LARSON,
6	6	HESSELBEIN, ROYS, CARPENTER and PFAFF, cosponsored by Representatives
7	7	SINICKI, OHNSTAD, SHANKLAND, NEUBAUER, SUBECK, GOYKE, CONLEY, HONG,
8	8	JOERS, EMERSON, CABRERA, STUBBS, SNODGRASS, SHELTON, RATCLIFF, J.
9	9	ANDERSON, CONSIDINE, C. ANDERSON, PALMERI and DRAKE. Referred to
10	10	Committee on Labor, Regulatory Reform, Veterans and Military Affairs.
11	11	AN ACT to repeal 111.04 (3) and 947.20; to consolidate, renumber and amend
12	12	111.04 (1) and (2); to amend 111.06 (1) (c), 111.06 (1) (e) and 111.06 (1) (i); and
13	13	to create 111.01 of the statutes; relating to: eliminating the right-to-work
14	14	law.
15	15	Analysis by the Legislative Reference Bureau
16	16	The current right-to-work law prohibits a person from requiring, as a
17	17	condition of obtaining or continuing employment, an individual to refrain or resign
18	18	from membership in a labor organization, to become or remain a member of a labor
19	19	organization, to pay dues or other charges to a labor organization, or to pay any other
20	20	person an amount that is in place of dues or charges required of members of a labor
21	21	organization. This bill repeals these prohibitions and the associated misdemeanor
22	22	offense for violating the right-to-work law.
23	23	The bill explicitly provides that, when an all-union agreement is in effect, it is
24	24	not an unfair labor practice to encourage or discourage membership in a labor
25	25	organization or to deduct labor organization dues or assessments from an employee's
26	26	earnings. The bill sets conditions under which an employer may enter into an
27	27	all-union agreement. The bill also sets conditions for the continuation or
28	28	termination of all-union agreements, including that, if the Wisconsin Employment
29	29	Relations Commission determines there is reasonable ground to believe employees
30	30	in an all-union agreement have changed their attitude about the agreement, WERC
31	31	is required to conduct a referendum to determine whether the employees wish to
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37	37	SENATE BILL 519
38	38	continue the agreement. WERC is required to terminate an all-union agreement if
39	39	it finds the union unreasonably refused to admit an employee into the union.
40	40	For further information see the state and local fiscal estimate, which will be
41	41	printed as an appendix to this bill.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 111.01 of the statutes is created to read:
45	45	111.01 Declaration of policy. The public policy of the state as to employment
46	46	relations and collective bargaining, in the furtherance of which this subchapter is
47	47	enacted, is declared to be as follows:
48	48	(1) It recognizes that there are 3 major interests involved, namely: the public,
49	49	the employee, and the employer. These 3 interests are to a considerable extent
50	50	interrelated. It is the policy of the state to protect and promote each of these interests
51	51	with due regard to the situation and to the rights of the others.
52	52	(2) Industrial peace, regular and adequate income for the employee, and
53	53	uninterrupted production of goods and services are promotive of all of these
54	54	interests. They are largely dependent upon the maintenance of fair, friendly, and
55	55	mutually satisfactory employment relations and the availability of suitable
56	56	machinery for the peaceful adjustment of whatever controversies may arise. It is
57	57	recognized that certain employers, including farmers, farmer cooperatives, and
58	58	unincorporated farmer cooperative associations, in addition to their general
59	59	employer problems, face special problems arising from perishable commodities and
60	60	seasonal production that require adequate consideration. It is also recognized that
61	61	whatever may be the rights of disputants with respect to each other in any
62	62	controversy regarding employment relations, they should not be permitted, in the
63	63	conduct of their controversy, to intrude directly into the primary rights of 3rd parties
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86	86	SECTION 1
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88	88	to earn a livelihood, transact business, and engage in the ordinary affairs of life by
89	89	any lawful means and free from molestation, interference, restraint, or coercion.
90	90	(3) Negotiations of terms and conditions of work should result from voluntary
91	91	agreement between employer and employee. For the purpose of such negotiation an
92	92	employee has the right, if the employee desires, to associate with others in organizing
93	93	and bargaining collectively through representatives of the employee's own choosing,
94	94	without intimidation or coercion from any source.
95	95	(4) It is the policy of the state, in order to preserve and promote the interests
96	96	of the public, the employee, and the employer alike, to establish standards of fair
97	97	conduct in employment relations and to provide a convenient, expeditious, and
98	98	impartial tribunal by which these interests may have their respective rights and
99	99	obligations adjudicated. While limiting individual and group rights of aggression
100	100	and defense, the state substitutes processes of justice for the more primitive methods
101	101	of trial by combat.
102	102	SECTION 2. 111.04 (1) and (2) of the statutes are consolidated, renumbered
103	103	111.04 and amended to read:
104	104	111.04 Rights of employees. Employees shall have the right of
105	105	self-organization and the right to form, join or assist labor organizations, to bargain
106	106	collectively through representatives of their own choosing, and to engage in lawful,
107	107	concerted activities for the purpose of collective bargaining or other mutual aid or
108	108	protection. (2) Employees shall also have the right to refrain from self-organization;
109	109	forming, joining, or assisting labor organizations; bargaining collectively through
110	110	representatives; or engaging in activities for the purpose of collective bargaining or
111	111	other mutual aid or protection such activities.
112	112	SECTION 3. 111.04 (3) of the statutes is repealed.
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139	139	SECTION 4 SENATE BILL 519
140	140	SECTION 4. 111.06 (1) (c) of the statutes is amended to read:
141	141	111.06 (1) (c) To encourage or discourage membership in any labor
142	142	organization, employee agency, committee, association, or representation plan by
143	143	discrimination in regard to hiring, tenure, or other terms or conditions of
144	144	employment except in a collective bargaining unit where an all-union agreement is
145	145	in effect. An employer may enter into an all-union agreement with the voluntarily
146	146	recognized representative of the employees in a collective bargaining unit, where at
147	147	least a majority of such employees voting have voted affirmatively, by secret ballot,
148	148	in favor of the all-union agreement in a referendum conducted by the commission,
149	149	except that where the bargaining representative has been certified by either the
150	150	commission or the national labor relations board as the result of a representation
151	151	election, no referendum is required to authorize the entry into an all-union
152	152	agreement. An authorization of an all-union agreement continues, subject to the
153	153	right of either party to the all-union agreement to petition the commission to conduct
154	154	a new referendum on the subject. Upon receipt of the petition, if the commission
155	155	determines there is reasonable ground to believe that the employees concerned have
156	156	changed their attitude toward the all-union agreement, the commission shall
157	157	conduct a referendum. If the continuance of the all-union agreement is supported
158	158	on a referendum by a vote at least equal to that provided in this paragraph for its
159	159	initial authorization, it may continue, subject to the right to petition for a further
160	160	vote by the procedure under this paragraph. If the continuance of the all-union
161	161	agreement is not supported on a referendum, it terminates at the expiration of the
162	162	contract of which it is then a part or at the end of one year from the date of the
163	163	announcement by the commission of the result of the referendum, whichever is
164	164	earlier. The commission shall declare any all-union agreement terminated
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190	190	LRB-4342/1
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192	192	SECTION 4
193	193	SENATE BILL 519
194	194	whenever it finds that the labor organization involved has unreasonably refused to
195	195	receive as a member any employee of such employer. An interested person may, as
196	196	provided in s. 111.07, request the commission to perform this duty.
197	197	SECTION 5. 111.06 (1) (e) of the statutes is amended to read:
198	198	111.06 (1) (e) To bargain collectively with the representatives of less than a
199	199	majority of the employer's employees in a collective bargaining unit, or to enter into
200	200	an all-union agreement except in the manner provided in par. (c).
201	201	SECTION 6. 111.06 (1) (i) of the statutes is amended to read:
202	202	111.06 (1) (i) To deduct labor organization dues or assessments from an
203	203	employee's earnings, unless the employer has been presented with an individual
204	204	order therefor, signed by the employee personally, and terminable at the end of any
205	205	year of its life by the employee giving to the employer at least 30 days' written notice
206	206	of the termination. This paragraph applies to the extent permitted under federal law
207	207	unless there is an all-union agreement in effect. The employer shall give notice to
208	208	the labor organization of receipt of a notice of termination.
209	209	SECTION 7. 947.20 of the statutes is repealed.
210	210	(END)
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