111.04 Rights of employees.
(1) 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 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.
(3)
(a) No person may require, as a condition of obtaining or continuing employment, an individual to do any of the following:
1. Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization.
2. Become or remain a member of a labor organization.
3. Pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization.
4. Pay to any 3rd party an amount that is in place of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of, or employees represented by, a labor organization.
(b) This subsection applies to the extent permitted under federal law. If a provision of a contract violates this subsection, that provision is void.
History: 2015 a. 1.
Congress specifically reserved to the individual states the right to prohibit agreements that require employees to pay representative fees as a condition of employment. Passage of the right-to-work law in Wisconsin was within the province of the legislature. Sub. (3), as created by 2015 Wis. Act 1, does not appropriate, transfer, or encumber money. Act 1 does not require labor organizations to provide services to anyone. Act 1 merely prohibits employers from requiring union membership or the payment of fees as a condition of employment. Unions have no constitutional entitlement to the fees of non-member employees. Machinists Local Lodge 1061 v. Walker, 2017 WI App 66, 378 Wis. 2d 243, 903 N.W.2d 141, 16-0820.
Under the holding and reasoning of Sweeney, 767 F.3d 654 (2014), 2015 Wis. Act 1, and specifically sub. (3) (a) 3., is not preempted by the National Labor Relations Act and does not work an unconstitutional taking. International Union of Operating Engineers Local 139 v. Schimel, 210 F. Supp. 3d 1088 (2016).
Affirmed. 863 F.3d 674 (2017).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 111 - Employment relations.
111.05 - Representatives and elections.
111.06 - What are unfair labor practices.
111.07 - Prevention of unfair labor practices.
111.08 - Financial reports to employees.
111.09 - Rules, orders, transcripts, training programs and fees.
111.115 - Notice of certain proposed strikes.
111.12 - Duties of the attorney general and district attorneys.
111.15 - Construction of subchapter I.
111.17 - Conflict of provisions; effect.
111.18 - Limit on payment to health care institutions.
111.19 - Title of subchapter I.
111.31 - Declaration of policy.
111.3205 - Franchisors excluded.
111.321 - Prohibited bases of discrimination.
111.322 - Discriminatory actions prohibited.
111.325 - Unlawful to discriminate.
111.33 - Age; exceptions and special cases.
111.335 - Arrest or conviction record; exceptions and special cases.
111.337 - Creed; exceptions and special cases.
111.34 - Disability; exceptions and special cases.
111.345 - Marital status; exceptions and special cases.
111.35 - Use or nonuse of lawful products; exceptions and special cases.
111.355 - Military service; exceptions and special cases.
111.36 - Sex, sexual orientation; exceptions and special cases.
111.365 - Communication of opinions; exceptions and special cases.
111.37 - Use of honesty testing devices in employment situations.
111.371 - Local ordinance; collective bargaining agreements.
111.372 - Use of genetic testing in employment situations.
111.375 - Department to administer.
111.38 - Investigation and study of discrimination.
111.39 - Powers and duties of department.
111.50 - Declaration of policy.
111.52 - Settlement of labor disputes through collective bargaining and arbitration.
111.53 - Appointment of conciliators and arbitrators.
111.55 - Conciliator unable to effect settlement; appointment of arbitrators.
111.56 - Existing state of affairs to be maintained.
111.57 - Arbitrator to hold hearings.
111.58 - Standards for arbitration.
111.59 - Filing order with clerk of circuit court; period effective; retroactivity.
111.60 - Judicial review of order of arbitrator.
111.61 - Commission to establish rules.
111.62 - Strikes, work stoppages, slowdowns, lockouts, unlawful; penalty.
111.70 - Municipal employment.
111.77 - Settlement of disputes.
111.825 - Collective bargaining units.
111.83 - Representatives and elections.
111.84 - Unfair labor practices.
111.845 - Wage deduction prohibition.
111.85 - Fair-share and maintenance of membership agreements.
111.86 - Grievance arbitration.
111.91 - Subjects of bargaining.
111.93 - Effect of labor organization; status of existing benefits and rights.
111.935 - Representatives and elections for research assistants.