2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 44
March 5, 2015 - Offered by Representatives Genrich,
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.
1An Act to repeal
111.01; to renumber and amend
111.04; to amend
(3), 111.39 (6) and 175.05 (6); and to create
111.02 (9g), 111.04 (3) and 947.20 3
of 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
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
111.01 of the statutes is repealed.
111.02 (3) of the statutes is amended to read:
"Collective bargaining unit" means all of the employees of one 10
employer, employed within the state, except that where a majority of the employees 11
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 2
shall be so considered, but, in appropriate cases, and to aid in the more efficient 3
administration of ss. 111.01 to 111.19 this subchapter
, the commission may find, 4
where agreeable to all parties affected in any way thereby, an industry, trade or 5
business comprising more than one employer in an association in any geographical 6
area to be a "collective bargaining unit". A collective bargaining unit thus 7
established by the commission shall be subject to all rights by termination or 8
modification given by ss. 111.01 to 111.19 this subchapter
in reference to collective 9
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 11
representative where a majority of the employees in each separate unit have voted 12
by secret ballot as provided in s. 111.05 (2) so to do.
111.02 (9g) of the statutes is created to read:
"Labor organization" means any employee organization in which 15
employees participate and that exists for the purpose, in whole or in part, of engaging 16
in collective bargaining with any employer concerning grievances, labor disputes, 17
wages, hours, benefits, or other terms or conditions of employment.
111.04 of the statutes is renumbered 111.04 (1) and amended to 19
Employees shall have the right of self-organization and the right to 21
form, join or assist labor organizations, to bargain collectively through 22
representatives of their own choosing, and to engage in lawful, concerted activities 23
for the purpose of collective bargaining or other mutual aid or protection; and such
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
111.04 (3) of the statutes is created to read:
(a) In this subsection, "nonchargeable expenses" means expenses, for 7
purposes other than a labor organization's normal duties of collective bargaining and 8
union representation, that a labor organization is prohibited under federal law from 9
requiring its members or other individuals to pay.
(am) No person may require, as a condition of obtaining or continuing 11
employment, an individual to do any of the following:
1. Refrain or resign from membership in, voluntary affiliation with, or 13
voluntary financial support of a labor organization.
2. Become or remain a member of a labor organization.
3. Pay to a labor organization any dues, fees, assessments, or provide anything 16
of value, for nonchargeable expenses.
4. Pay to any 3rd party an amount that is in place of, equivalent to, or any 18
portion of dues, fees, assessments for nonchargeable expenses required of members 19
of, or employees represented by, a labor organization.
(b) This subsection applies to the extent permitted under federal law and shall 21
be interpreted in accordance with federal case law concerning the collection of 22
nonchargeable expenses by private sector labor organizations. If a provision of a 23
contract violates this subsection, that provision is void.
111.39 (6) of the statutes is amended to read:
If an order issued under sub. (4) is unenforceable against any labor 2
organization in which membership is a privilege, the
employer with whom the 3
labor organization has an enforceable
agreement shall not be held 4
accountable under this chapter when if
the employer is not responsible for the 5
discrimination, the unfair honesty testing,
or the unfair genetic testing.
175.05 (6) of the statutes is amended to read:
175.05 (6) Rights of labor.
Nothing in this section shall be construed to impair, 8
curtail or destroy the rights of employees and their representatives to 9
self-organization, to form, join or assist labor organization, to strike, to bargain 10
collectively through representatives of their own choosing, and to engage in 11
concerted activities, for the purpose of collective bargaining or other mutual aid or 12
protection, under either the federal labor relations act or ss. 111.01 to 111.19 subch.
13I of ch. 111
947.20 of the statutes is created to read:
15947.20 Right to work.
Anyone who violates s. 111.04 (3) (am) is guilty of a 16
Class A misdemeanor.
(1) This act first applies to a collective bargaining agreement containing 19
provisions inconsistent with this act upon the renewal, modification, or extension of 20
the agreement occurring on or after the effective date of this subsection.