MIM:cjs&amn
2023 - 2024 LEGISLATURE
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.
AB539,1,4 1An Act to repeal 111.04 (3) and 947.20; to consolidate, renumber and amend
2111.04 (1) and (2); to amend 111.06 (1) (c), 111.06 (1) (e) and 111.06 (1) (i); and
3to create 111.01 of the statutes; relating to: eliminating the right-to-work
4law.
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

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:
AB539,1 1Section 1 . 111.01 of the statutes is created to read:
AB539,2,4 2111.01 Declaration of policy. The public policy of the state as to employment
3relations and collective bargaining, in the furtherance of which this subchapter is
4enacted, is declared to be as follows:
AB539,2,8 5(1) It recognizes that there are 3 major interests involved, namely: the public,
6the employee, and the employer. These 3 interests are to a considerable extent
7interrelated. It is the policy of the state to protect and promote each of these interests
8with due regard to the situation and to the rights of the others.
AB539,3,2 9(2) Industrial peace, regular and adequate income for the employee, and
10uninterrupted production of goods and services are promotive of all of these
11interests. They are largely dependent upon the maintenance of fair, friendly, and
12mutually satisfactory employment relations and the availability of suitable
13machinery for the peaceful adjustment of whatever controversies may arise. It is
14recognized that certain employers, including farmers, farmer cooperatives, and
15unincorporated farmer cooperative associations, in addition to their general
16employer problems, face special problems arising from perishable commodities and
17seasonal production that require adequate consideration. It is also recognized that
18whatever may be the rights of disputants with respect to each other in any
19controversy regarding employment relations, they should not be permitted, in the
20conduct of their controversy, to intrude directly into the primary rights of 3rd parties

1to earn a livelihood, transact business, and engage in the ordinary affairs of life by
2any lawful means and free from molestation, interference, restraint, or coercion.
AB539,3,7 3(3) Negotiations of terms and conditions of work should result from voluntary
4agreement between employer and employee. For the purpose of such negotiation an
5employee has the right, if the employee desires, to associate with others in organizing
6and bargaining collectively through representatives of the employee's own choosing,
7without intimidation or coercion from any source.
AB539,3,14 8(4) It is the policy of the state, in order to preserve and promote the interests
9of the public, the employee, and the employer alike, to establish standards of fair
10conduct in employment relations and to provide a convenient, expeditious, and
11impartial tribunal by which these interests may have their respective rights and
12obligations adjudicated. While limiting individual and group rights of aggression
13and defense, the state substitutes processes of justice for the more primitive methods
14of trial by combat.
AB539,2 15Section 2 . 111.04 (1) and (2) of the statutes are consolidated, renumbered
16111.04 and amended to read:
AB539,3,24 17111.04 Rights of employees. Employees shall have the right of
18self-organization and the right to form, join or assist labor organizations, to bargain
19collectively through representatives of their own choosing, and to engage in lawful,
20concerted activities for the purpose of collective bargaining or other mutual aid or
21protection. (2) Employees shall also have the right to refrain from self-organization;
22forming, joining, or assisting labor organizations; bargaining collectively through
23representatives; or engaging in activities for the purpose of collective bargaining or
24other mutual aid or protection
such activities.
AB539,3 25Section 3 . 111.04 (3) of the statutes is repealed.
AB539,4
1Section 4. 111.06 (1) (c) of the statutes is amended to read:
AB539,5,32 111.06 (1) (c) To encourage or discourage membership in any labor
3organization, employee agency, committee, association, or representation plan by
4discrimination in regard to hiring, tenure, or other terms or conditions of
5employment except in a collective bargaining unit where an all-union agreement is
6in effect. An employer may enter into an all-union agreement with the voluntarily
7recognized representative of the employees in a collective bargaining unit, where at
8least a majority of such employees voting have voted affirmatively, by secret ballot,
9in favor of the all-union agreement in a referendum conducted by the commission,
10except that where the bargaining representative has been certified by either the
11commission or the national labor relations board as the result of a representation
12election, no referendum is required to authorize the entry into an all-union
13agreement. An authorization of an all-union agreement continues, subject to the
14right of either party to the all-union agreement to petition the commission to conduct
15a new referendum on the subject. Upon receipt of the petition, if the commission
16determines there is reasonable ground to believe that the employees concerned have
17changed their attitude toward the all-union agreement, the commission shall
18conduct a referendum. If the continuance of the all-union agreement is supported
19on a referendum by a vote at least equal to that provided in this paragraph for its
20initial authorization, it may continue, subject to the right to petition for a further
21vote by the procedure under this paragraph. If the continuance of the all-union
22agreement is not supported on a referendum, it terminates at the expiration of the
23contract of which it is then a part or at the end of one year from the date of the
24announcement by the commission of the result of the referendum, whichever is
25earlier. The commission shall declare any all-union agreement terminated

1whenever it finds that the labor organization involved has unreasonably refused to
2receive as a member any employee of such employer. An interested person may, as
3provided in s. 111.07, request the commission to perform this duty
.
AB539,5 4Section 5 . 111.06 (1) (e) of the statutes is amended to read:
AB539,5,75 111.06 (1) (e) To bargain collectively with the representatives of less than a
6majority of the employer's employees in a collective bargaining unit, or to enter into
7an all-union agreement except in the manner provided in par. (c).
AB539,6 8Section 6 . 111.06 (1) (i) of the statutes is amended to read:
AB539,5,159 111.06 (1) (i) To deduct labor organization dues or assessments from an
10employee's earnings, unless the employer has been presented with an individual
11order therefor, signed by the employee personally, and terminable at the end of any
12year of its life
by the employee giving to the employer at least 30 days' written notice
13of the termination. This paragraph applies to the extent permitted under federal law
14unless there is an all-union agreement in effect. The employer shall give notice to
15the labor organization of receipt of a notice of termination
.
AB539,7 16Section 7 . 947.20 of the statutes is repealed.
AB539,5,1717 (End)
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