Wisconsin Will Become A Right-To-Work State This Week?

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February 23, 2015

Since the news broke last Friday, it is becoming very clear that Wisconsin will become a right-to-work state in the very near future.  A Ruder Ware alumni attorney and a colleague had a conversation about this proposed legislation recently which we have summarized here.
Ruder Atty: It looks like the Legislature is going to consider right-to-work legislation. What does that mean?
Colleague: The right-to-work legislation being proposed has several elements to it. A person can be found guilty of a Class A Misdemeanor if he requires an individual to become or remain a member of a labor organization or pay dues of any kind to a labor organization. The legislation also provides that any provision of a labor agreement that would require a person to become or remain a member of a labor organization or pay dues is considered a void provision. Ruder Atty: So does this mean that provisions of current labor agreements requiring union membership are no longer valid? Colleague: Not necessarily. This law will apply to any collective bargaining agreement that contains provisions that are inconsistent with the prohibitions but only becomes effective at the time of renewal or extension of the labor agreement after the date the law becomes effective. This means that existing labor agreements are not affected, but new labor agreements may not have provisions like a union security (shop) provision or a dues deduction provision. Ruder Atty: The law seems to change several state statutes and creates new statutes relating to collective bargaining. What do you think this will do to collective bargaining in Wisconsin? Colleague: This will not change the duty of an employer to negotiate with a union representing its employees. The law means that an employer may not agree to language that makes membership in a union a mandatory condition of being employed by the company nor can an employer agree to language that would require all employees to pay union dues. The payment of union dues would be completely voluntary and at the discretion of each employee. Ruder Atty: The law makes it clear that employees have the right to “refrain” from forming or joining a labor organization or bargain collectively through representatives. Does this mean that employees can force a union to stop representing them? Colleague: Again, the law does not make this an automatic happening. Employees have the right to decertify a union but only at certain times and by following certain procedures. The new language makes it clear that employees are not required to join a union and an employer cannot agree to language that would cause that to happen. The new statutory language does not, however, mean that employees can automatically stop having a union representing them in negotiations with an employer. Ruder Atty: It’s not very clear what will be the practical effect of this new legislation on unions. Any thoughts? Colleague: The design of the language is to prevent an employer from agreeing to a specific provision in a collective bargaining agreement that requires all employees to join a union. The new legislation may have the opposite effect of rallying union members and union officials to act more aggressively to show the value of belonging to a union. We will just have to see what the future brings. Ruder Atty: It is not clear whether this new legislation applies to those public sector unions that still have a right to bargain with public employers. Do you have any insights? Colleague: Apparently, the legislation will not apply to public employer situations. There were no changes to statutory language in the public sector labor relations law so it appears this law will not apply to public safety unions.
The Wisconsin Legislature will be considering this proposed new law during this week. Governor Walker has indicated that he would sign legislation if it is presented to him. 
Employers must be careful if they are negotiating with a union at this time because of the potential impact of this new legislation. The future impact of this legislation is unclear, so employers should be careful to make sure they are in full compliance with the law when it becomes effective.

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