Our union is a legally recognized entity within the Village. Wisconsin state Statues 111.70 Municipal Employment Relations recognizes the union and the right to be apart of or the right to refrain from becoming a member, "Municipal employees shall have the right of self-organization, and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and such employees shall have the right to refrain from any and all such activities except that employees may be required to pay dues in the manner provided in a fair-share agreement" 111.70(2).
MER (Municipal Employment Relations) or 111.70 understands the relationship between collective bargaining units/employers and gives rules defining "prohibited practices" that violate this statue. These "prohibited practices" refer to both the employee and employer activities:
111.70(3)(a)
(a) It is a prohibited practice for a municipal employer individually or in concert with others:
111.70(3)(a)1.
1. To interfere with, restrain or coerce municipal employees in the exercise of their rights guaranteed in sub. (2).
111.70(3)(a)2.
2. To initiate, create, dominate or interfere with the formation or administration of any labor organization or contribute financial support to it, but the municipal employer is not prohibited from reimbursing its employees at their prevailing wage rate for the time spent conferring with the employees, officers or agents.
111.70(3)(a)3.
3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement.
111.70(3)(a)4.
4. To refuse to bargain collectively with a representative of a majority of its employees in an appropriate collective bargaining unit. Such refusal shall include action by the employer to issue or seek to obtain contracts, including those provided for by statute, with individuals in the collective bargaining unit while collective bargaining, mediation or fact-finding concerning the terms and conditions of a new collective bargaining agreement is in progress, unless such individual contracts contain express language providing that the contract is subject to amendment by a subsequent collective bargaining agreement. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate bargaining unit does in fact have that support, it may file with the commission a petition requesting an election to that claim. An employer shall not be deemed to have refused to bargain until an election has been held and the results thereof certified to the employer by the commission. The violation shall include, though not be limited thereby, to the refusal to execute a collective bargaining agreement previously agreed upon. The term of any collective bargaining agreement shall not exceed 3 years.
111.70(3)(a)5.
5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting municipal employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them.
111.70(3)(a)6.
6. To deduct labor organization dues from an employee's or supervisor's earnings, unless the municipal employer has been presented with an individual order therefor, signed by the municipal employee personally, and terminable by at least the end of any year of its life or earlier by the municipal employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except where there is a fair-share agreement in effect.
111.70(3)(a)7.
7. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).
111.70(3)(b)
(b) It is a prohibited practice for a municipal employee, individually or in concert with others:
111.70(3)(b)1.
1. To coerce or intimidate a municipal employee in the enjoyment of the employee's legal rights, including those guaranteed in sub. (2).
111.70(3)(b)2.
2. To coerce, intimidate or induce any officer or agent of a municipal employer to interfere with any of its employees in the enjoyment of their legal rights, including those guaranteed in sub. (2), or to engage in any practice with regard to its employees which would constitute a prohibited practice if undertaken by the officer or agent on the officer's or agent's own initiative.
111.70(3)(b)3.
3. To refuse to bargain collectively with the duly authorized officer or agent of a municipal employer, provided it is the recognized or certified exclusive collective bargaining representative of employees in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously agreed upon.
111.70(3)(b)4.
4. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting municipal employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such awards as final and binding upon them.
111.70(3)(b)5.
5. To coerce or intimidate an independent contractor, supervisor, confidential, managerial or executive employee, officer or agent of the municipal employer, to induce the person to become a member of the labor organization of which employees are members.
111.70(3)(b)6.
6. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).
111.70(3)(c)
(c) It is a prohibited practice for any person to do or cause to be done on behalf of or in the interest of municipal employers or municipal employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by par. (a) or (b).
In addition to the above 111.70 outlines issues such as disputes, arbitrations, and subjects of collective bargaining. These "base rules" are subject to interpretation by either party and result in case law when a dispute is resolved. If you go on the WERC website and read a few "prohibited practices" or arbitration rulings you'll see how thorough these things can get and why you want an attorney that specializes in labor laws to handle it.
Below are a couple I read:
Download:
holidays mia19566.pdf
1999 abritration desicion.pdf
Sturtevant 30378-A.pdf
sturtevant 31139-A.pdf
Stat0111.pdf