Wisconsin Statutes 111.06 – What are unfair labor practices
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Terms Used In Wisconsin Statutes 111.06
- All-union agreement: means an agreement between an employer and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization. See Wisconsin Statutes 111.02
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Collective bargaining: means the negotiation by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, in a mutually genuine effort to reach an agreement with reference to the subject under negotiation. See Wisconsin Statutes 111.02
- Collective bargaining unit: means all of the employees of one employer, employed within the state, except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in…. See Wisconsin Statutes 111.02
- Commission: means the employment relations commission. See Wisconsin Statutes 111.02
- election: shall mean a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this subchapter and shall include elections conducted by the commission, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties. See Wisconsin Statutes 111.02
- Employee: shall include any person, other than an independent contractor, working for another for hire in the state of Wisconsin in a nonconfidential, nonmanagerial, nonexecutive and nonsupervisory capacity, and shall not be limited to the employees of a particular employer unless the context clearly indicates otherwise. See Wisconsin Statutes 111.02
- Employer: means a person who engages the services of an employee, and includes a person acting on behalf of an employer within the scope of his or her authority, express or implied. See Wisconsin Statutes 111.02
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- jurisdictional strike: shall mean a strike growing out of a dispute between 2 or more employees or representatives of employees as to the appropriate unit for collective bargaining, or as to which representative is entitled to act as collective bargaining representative, or as to whether employees represented by one or the other representative are entitled to perform particular work. See Wisconsin Statutes 111.02
- Labor organization: means any employee organization in which employees participate and that exists for the purpose, in whole or in part, of engaging in collective bargaining with any employer concerning grievances, labor disputes, wages, hours, benefits, or other terms or conditions of employment. See Wisconsin Statutes 111.02
- person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees or receivers. See Wisconsin Statutes 111.02
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- representative: includes any person chosen by an employee to represent the employee. See Wisconsin Statutes 111.02
- secondary boycott: shall include combining or conspiring to cause or threaten to cause injury to a person with whom no labor dispute exists in order to bring that person, against that person's will, into a concerted plan to coerce or inflict damage upon another, whether by:
(a) Withholding patronage, labor or other beneficial business intercourse;
(b) Picketing;
(c) Refusing to handle, install, use or work on particular materials, equipment or supplies; or
(d) Any other unlawful means. See Wisconsin Statutes 111.02Testimony: Evidence presented orally by witnesses during trials or before grand juries. unfair labor practice: means any unfair labor practice as defined in…. See Wisconsin Statutes 111.02
(1) It shall be an unfair labor practice for an employer individually or in concert with others:
(a) To interfere with, restrain or coerce the employer’s employees in the exercise of the rights guaranteed in s. 111.04.
(b) To initiate, create, dominate or interfere with the formation or administration of any labor organization or contribute financial support to it, provided that an employer shall not be prohibited from reimbursing employees at their prevailing wage rate for the time spent conferring with the employer, nor from cooperating with representatives of at least a majority of the employer’s employees in a collective bargaining unit, at their request, by permitting employee organizational activities on company premises or the use of company property facilities where such activities or use create no additional expense to the company, provided, however, that it shall not be an unfair labor practice for an employer to become a member of the same labor organization of which the employer’s employees are members, when the employer and the employer’s employees work at the same trade.
(c) To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment.
(d) To refuse to bargain collectively with the representative of a majority of the employer’s employees in any collective bargaining unit with respect to representation or terms and conditions of employment, provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.
(e) To bargain collectively with the representatives of less than a majority of the employer’s employees in a collective bargaining unit, or to enter into an all-union agreement.
(f) To violate the terms of a collective bargaining agreement, including an agreement to accept an arbitration award.
(g) To refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations the final determination, after appeal, if any, of any tribunal having competent jurisdiction of the same or whose jurisdiction the employer accepted.
(h) To discharge or otherwise discriminate against an employee because the employee has filed charges or given information or testimony in good faith under the provisions of this subchapter.
(i) To deduct labor organization dues or assessments from an employee’s earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable by the employee giving to the employer at least 30 days’ written notice of the termination. This paragraph applies to the extent permitted under federal law.
(j) To employ any person to spy upon employees or their representatives respecting their exercise of any right created or approved by this subchapter.
(k) To make, circulate or cause to be circulated a blacklist as described in s. 134.02.
(L) To commit any crime or misdemeanor in connection with any controversy as to employment relations.
(2) It shall be an unfair labor practice for an employee individually or in concert with others:
(a) To coerce or intimidate an employee in the enjoyment of the employee’s legal rights, including those guaranteed in s. 111.04, or to intimidate the employee’s family, picket the employee’s domicile, or injure the person or property of the employee or the employee’s family.
(b) To coerce, intimidate or induce any employer to interfere with any of the employer’s employees in the enjoyment of their legal rights, including those guaranteed in s. 111.04, or to engage in any practice with regard to the employer’s employees which would constitute an unfair labor practice if undertaken by the employer on the employer’s own initiative.
(c) To violate the terms of a collective bargaining agreement, including an agreement to accept an arbitration award.
(d) To refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations the final determination, after appeal, if any, of any tribunal having competent jurisdiction of the same or whose jurisdiction the employees or their representatives accepted.
(e) To cooperate in engaging in, promoting or inducing picketing that does not constitute an exercise of constitutionally guaranteed free speech, boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike.
(f) To hinder or prevent, by mass picketing, threats, intimidation, force or coercion of any kind the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance.
(g) To engage in a secondary boycott; or to hinder or prevent, by threats, intimidation, force, coercion or sabotage, the obtaining, use or disposition of materials, equipment or services; or to combine or conspire to hinder or prevent, by any means whatsoever, the obtaining, use or disposition of materials, equipment or services, provided, however, that nothing herein shall prevent sympathetic strikes in support of those in similar occupations working for other employers in the same craft.
(h) To take unauthorized possession of property of the employer or to engage in any concerted effort to interfere with production except by leaving the premises in an orderly manner for the purpose of going on strike.
(i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (3).
(j) To commit any crime or misdemeanor in connection with any controversy as to employment relations.
(L) To engage in, promote or induce a jurisdictional strike.
(m) To coerce or intimidate an employer working at the same trade of the employer’s employees to induce the employer to become a member of the labor organization of which they are members, permissible pursuant to sub. (1) (b).
(3) It shall be an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations any act prohibited by subs. (1) and (2).