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LRBs0033/1
CMH:all:kf
2015 - 2016 LEGISLATURE
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 1An Act to repeal 111.01; to renumber and amend 111.04; to amend 111.02
2(3), 111.39 (6) and 175.05 (6); and to create 111.02 (9g), 111.04 (3) and 947.20
3of the statutes; relating to: prohibiting as a condition of employment
4membership in a labor organization or payments to a labor organization,
5collection of nonchargeable expenses by private sector unions, and providing a
6penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB44-ASA1,1 7Section 1. 111.01 of the statutes is repealed.
SB44-ASA1,2 8Section 2. 111.02 (3) of the statutes is amended to read:
SB44-ASA1,2,129 111.02 (3) "Collective bargaining unit" means all of the employees of one
10employer, employed within the state, except that where a majority of the employees
11engaged in a single craft, division, department or plant have voted by secret ballot

1as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they
2shall be so considered, but, in appropriate cases, and to aid in the more efficient
3administration of ss. 111.01 to 111.19 this subchapter, the commission may find,
4where agreeable to all parties affected in any way thereby, an industry, trade or
5business comprising more than one employer in an association in any geographical
6area to be a "collective bargaining unit". A collective bargaining unit thus
7established by the commission shall be subject to all rights by termination or
8modification given by ss. 111.01 to 111.19 this subchapter in reference to collective
9bargaining units otherwise established under ss. 111.01 to 111.19 this subchapter.
10Two or more collective bargaining units may bargain collectively through the same
11representative where a majority of the employees in each separate unit have voted
12by secret ballot as provided in s. 111.05 (2) so to do.
SB44-ASA1,3 13Section 3. 111.02 (9g) of the statutes is created to read:
SB44-ASA1,2,1714 111.02 (9g) "Labor organization" means any employee organization in which
15employees participate and that exists for the purpose, in whole or in part, of engaging
16in collective bargaining with any employer concerning grievances, labor disputes,
17wages, hours, benefits, or other terms or conditions of employment.
SB44-ASA1,4 18Section 4. 111.04 of the statutes is renumbered 111.04 (1) and amended to
19read:
SB44-ASA1,2,2420 111.04 (1) Employees shall have the right of self-organization and the right to
21form, join or assist labor organizations, to bargain collectively through
22representatives of their own choosing, and to engage in lawful, concerted activities
23for the purpose of collective bargaining or other mutual aid or protection; and such
24employees
.
SB44-ASA1,3,4
1(2) Employees shall also have the right to refrain from any or all of such
2activities
self-organization; forming, joining, or assisting labor organizations;
3bargaining collectively through representatives; or engaging in activities for the
4purpose of collective bargaining or other mutual aid or protection
.
SB44-ASA1,5 5Section 5. 111.04 (3) of the statutes is created to read:
SB44-ASA1,3,96 111.04 (3) (a) In this subsection, "nonchargeable expenses" means expenses, for
7purposes other than a labor organization's normal duties of collective bargaining and
8union representation, that a labor organization is prohibited under federal law from
9requiring its members or other individuals to pay.
SB44-ASA1,3,1110 (am) No person may require, as a condition of obtaining or continuing
11employment, an individual to do any of the following:
SB44-ASA1,3,1312 1. Refrain or resign from membership in, voluntary affiliation with, or
13voluntary financial support of a labor organization.
SB44-ASA1,3,1414 2. Become or remain a member of a labor organization.
SB44-ASA1,3,1615 3. Pay to a labor organization any dues, fees, assessments, or provide anything
16of value, for nonchargeable expenses.
SB44-ASA1,3,1917 4. Pay to any 3rd party an amount that is in place of, equivalent to, or any
18portion of dues, fees, assessments for nonchargeable expenses required of members
19of, or employees represented by, a labor organization.
SB44-ASA1,3,2320 (b) This subsection applies to the extent permitted under federal law and shall
21be interpreted in accordance with federal case law concerning the collection of
22nonchargeable expenses by private sector labor organizations. If a provision of a
23contract violates this subsection, that provision is void.
SB44-ASA1,6 24Section 6. 111.39 (6) of the statutes is amended to read:
SB44-ASA1,4,5
1111.39 (6) If an order issued under sub. (4) is unenforceable against any labor
2organization in which membership is a privilege, the an employer with whom the
3labor organization has an enforceable all-union shop agreement shall not be held
4accountable under this chapter when if the employer is not responsible for the
5discrimination, the unfair honesty testing, or the unfair genetic testing.
SB44-ASA1,7 6Section 7. 175.05 (6) of the statutes is amended to read:
SB44-ASA1,4,137 175.05 (6) Rights of labor. Nothing in this section shall be construed to impair,
8curtail or destroy the rights of employees and their representatives to
9self-organization, to form, join or assist labor organization, to strike, to bargain
10collectively through representatives of their own choosing, and to engage in
11concerted activities, for the purpose of collective bargaining or other mutual aid or
12protection, under either the federal labor relations act or ss. 111.01 to 111.19 subch.
13I of ch. 111
.
SB44-ASA1,8 14Section 8. 947.20 of the statutes is created to read:
SB44-ASA1,4,16 15947.20 Right to work. Anyone who violates s. 111.04 (3) (am) is guilty of a
16Class A misdemeanor.
SB44-ASA1,9 17Section 9. Initial applicability.
SB44-ASA1,4,2018 (1) This act first applies to a collective bargaining agreement containing
19provisions inconsistent with this act upon the renewal, modification, or extension of
20the agreement occurring on or after the effective date of this subsection.
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