Right-to-Work Laws in Wisconsin: What They Mean for Workers

The National Labor Relations Act (NLRA), 29 U.S.C. section 158, governs labor relations in the United States. However, Section 14(b) of the NLRA explicitly authorizes states to enact right-to-work laws that prohibit union security agreements. Under the NLRA, employers and unions can negotiate union security agreements (such as union shops or agency shops) that require employees to join the union or pay an equivalent fee as a condition of employment, provided the state allows such agreements.

Federally, the NLRA is enforced by the National Labor Relations Board (NLRB). The NLRB does not directly enforce right-to-work laws; instead, states enforce their own right-to-work statutes through their labor boards or civil courts. In states without right-to-work laws, union security agreements may be enforceable if authorized by state law. In right-to-work states like Wisconsin, such agreements are prohibited regardless of whether the parties attempt to negotiate them. The federal baseline provides the foundation, but state law determines whether union security is permissible.

Wisconsin is a right-to-work state under Wisconsin Statutes section 111.04(1), which states: 'It is unlawful for any employer or any agent, officer or representative of an employer to require or suggest the right to require as a condition of employment or continuation of employment, that any employe [sic] shall become or remain a member of any labor organization or shall pay any dues, initiation fees, service charges, or other fees or charges of any kind to any labor organization.'

Wisconsin's right-to-work law is stronger than the federal baseline in the sense that it absolutely prohibits union security agreements at the state level, whereas federal law (under the NLRA Section 14(b)) merely permits states to enact such prohibitions. Wisconsin employers are covered by both the NLRA (for purposes of federal labor relations) and Wisconsin Statutes section 111.04 (for purposes of state employment law). Wisconsin law applies to all employers in the state, including private employers, public sector employers, and government agencies.

Unique to Wisconsin is the explicit statutory prohibition on not just union membership requirements but also on employers 'suggesting' such requirements. This language is broader than comparable statutes in other states and provides additional protection against subtle coercion. Additionally, Wisconsin Statutes section 111.04(2) defines specific unfair labor practices related to union security, including discriminating against employees based on their union membership status or non-membership status.

Under Wisconsin law, employees have the right to work at a unionized workplace without joining the union or paying fees. Conversely, employees who do choose to join a union retain all union membership rights. The remedies available under Wisconsin law include complaints filed with the Wisconsin Employment Relations Board (WERB), which can issue cease-and-desist orders, order back pay, and award damages. Employees may also bring civil actions for violations of section 111.04.

Wisconsin's right-to-work law contains narrow exceptions. First, the prohibition does not apply to hiring halls or apprenticeship programs that operate under federal law (such as those in the maritime industry or certain construction trades), provided the federal law specifically authorizes union security agreements. Second, an employee may voluntarily authorize payroll deductions for union dues even if not required to do so; this is permitted because it reflects the employee's affirmative choice.

Third, the law does not prohibit unions from negotiating contracts that cover wages, benefits, and working conditions for union members who choose to join. It only prohibits making membership itself a condition of employment. Fourth, an employee at a unionized workplace who elects not to join the union may not be entitled to all union benefits or voting rights in union matters, as these are typically reserved for members; the right-to-work protection only prevents forced membership, not differing treatment of non-members in internal union affairs.

Fifth, public sector employees in Wisconsin retain their right-to-work protections, but Wisconsin Act 10 (2011) modified certain aspects of public sector collective bargaining. Sixth, employees covered by a union security agreement executed before Wisconsin's right-to-work law took effect may have limited remedies for retroactive payment of dues, though current payments are prohibited. Finally, an employer's right-to-work obligations are not eliminated by a bona fide occupational qualification (BFOQ) or other employment law exception; the right-to-work protection is independent of other employment law defenses.

Step 1: Document the violation. Keep written records of any communication (email, letter, conversation notes) in which your employer or union representative requires or suggests that you must join a union, pay union dues, or pay any fees or charges as a condition of employment. Document the date, time, location, individuals involved, and the exact words used. Preserve any written policies, handbooks, or collective bargaining agreement language that imposes such a requirement. Take screenshots of online communications and retain copies of pay stubs or other evidence that dues were withheld without authorization.

Step 2: Pursue internal complaint procedures if available. Some employers have internal grievance procedures or HR complaint mechanisms. File a written complaint with your employer's HR department or management, clearly stating that you believe your right-to-work rights have been violated. Request a written response and preserve all correspondence. If your workplace is unionized, you may also file a grievance through the union grievance process, though this may be less effective if the union is the party violating your rights. Document the employer's response (or lack thereof) and any retaliation or adverse action taken against you following your complaint.

Step 3: File a charge with the Wisconsin Employment Relations Board (WERB). WERB investigates unfair labor practice charges under Wisconsin Statutes section 111.04 and related provisions. File your charge using WERB's official complaint form, available at https://werc.wi.gov (the Wisconsin Employment Relations Commission, now part of WERB). You must file within one year of the violation. Include your name, contact information, employer name and address, union name (if applicable), a detailed description of what happened (dates, people involved, specific statements), how the violation harmed you, and copies of all supporting documentation.

You can file by mail, email, or in person. WERB's contact information: Wisconsin Employment Relations Board, 17 West Main Street, Madison, WI 53703; phone 608-266-1035. There is no filing fee. In your charge, clearly state that your employer violated Wisconsin Statutes section 111.04(1) by requiring or suggesting that you join a union or pay union dues as a condition of employment.

Step 4: Understand the investigation process. After you file, WERB will assign an investigator who will contact you for more details and may interview your employer and witnesses. The investigator will request relevant documents and may conduct an on-site inspection. This investigation typically takes 30–90 days. WERB will then issue a determination: either dismissing the charge, issuing a complaint for formal hearing, or (in some cases) seeking settlement. If WERB issues a complaint, your case proceeds to a hearing before an administrative law judge (ALJ). The hearing is quasi-judicial and you may present evidence and testimony. The ALJ will issue a decision, which can be appealed to the full Wisconsin Employment Relations Board. The entire process from filing to final decision may take 6–18 months.

Step 5: Consult an attorney if needed. Contact an employment law attorney licensed in Wisconsin if your employer retaliated against you for asserting your right-to-work rights, if the violation resulted in financial harm (unpaid wages, wrongful termination, etc.), or if the case is complex. An attorney can help you file your WERB charge, represent you at a hearing, and advise on whether a civil lawsuit is appropriate. Many employment law attorneys work on a contingency basis (payment only if you win) or offer free initial consultations. The State Bar of Wisconsin's Lawyer Referral Service can connect you with an employment law specialist.