Wisconsin Now a Right-to-Work State

Author: Marta Moakley, XpertHR Legal Editor

March 10, 2015

Governor Scott Walker has signed Special Session Senate Bill 44, or the Freedom to Work Act, into law. The Act eliminates any requirement that employees pay union dues as a condition of employment. The enactment of the Freedom to Work Act makes Wisconsin the nation's 25th right-to-work state. The new law takes effect March 11, 2015.

In a press release, Governor Walker stated that the "legislation puts power back in the hands of Wisconsin workers, by allowing the freedom to choose whether they want to join a union and pay union dues." The Act includes criminal penalties: violators will be guilty of a Class A misdemeanor.

The new law's provisions apply to any collective bargaining agreement containing provisions that are inconsistent upon renewal, modification or extension of the agreement occurring on or after March 11, 2015. Any collective bargaining agreements that are already in place would not be affected until the expiration of the agreement. Upon renewal, modification or extension of those agreements, the inconsistent provision would be unenforceable.

The Act does not prohibit an employee's voluntary choice to join a union. However, opponents of the legislation stress that right-to-work laws weaken unions and result in lower wages. Peter W. Barca, the Wisconsin State Assembly Minority Leader, stated in a press release denouncing the bill that "Wisconsin is already lagging behind most of the nation in jobs and wage growth and 'Right to Work' would only make things worse. In fact, the average worker in Right to Work states makes between $5,000 and $6,000 less than the average workers in other states."

The Act was passed in the span of about one week during a special session, largely along party lines. Pending bills in the Wisconsin legislature would address worker's compensation, prevailing wage laws and project labor agreements.

Wisconsin joins other Midwestern states Indiana and Michigan in enacting a right-to-work law. All three states had sweeping Republican victories during the 2010 election that gave control of both houses and the governor's office to the party.