Wisconsin Statutes
Wis. Stat. § 111.04 (2026)
Rights of employees
✓ current as of July 2026
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111.04(1)(1) 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.
111.04(2)(2) Employees shall have the right to refrain from self-organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection.
111.04(3)(a)(a) No person may require, as a condition of obtaining or continuing employment, an individual to do any of the following:
111.04(3)(a)1.1. Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization.
111.04(3)(a)3.3. Pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization.
111.04(3)(a)4.4. Pay to any 3rd party an amount that is in place of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of, or employees represented by, a labor organization.
111.04(3)(b)(b) This subsection applies to the extent permitted under federal law. If a provision of a contract violates this subsection, that provision is void.
111.04 AnnotationCongress specifically reserved to the individual states the right to prohibit agreements that require employees to pay representative fees as a condition of employment. Passage of the right-to-work law in Wisconsin was within the province of the legislature. Sub. (3), as created by 2015 Wis. Act 1, does not appropriate, transfer, or encumber money. Act 1 does not require labor organizations to provide services to anyone. Act 1 merely prohibits employers from requiring union membership or the payment of fees as a condition of employment. Unions have no constitutional entitlement to the fees of non-member employees. Machinists Local Lodge 1061 v. Walker, 2017 WI App 66, 378 Wis. 2d 243, 903 N.W.2d 141, 16-0820.
111.04 AnnotationUnder the holding and reasoning of Sweeney, 767 F.3d 654 (2014), 2015 Wis. Act 1, and specifically sub. (3) (a) 3., is not preempted by the National Labor Relations Act and does not work an unconstitutional taking. International Union of Operating Engineers Local 139 v. Schimel, 210 F. Supp. 3d 1088 (2016).
111.04 AnnotationAffirmed. 863 F.3d 674 (2017).
Notes of Decisions
Cited in 27
cases (4 in the last 5 years), 1918–2025 · leading case: Int'l Union of Operating Engineers Local 139 v. Schimel, 210 F. Supp. 3d 1088 (E.D. Wis. 2016).
Int'l Union of Operating Engineers Local 139 v. Schimel, 210 F. Supp. 3d 1088 (E.D. Wis. 2016). “See Wis. Stat. § 111.04 (Supp. 2016) (enacted Mar.”
Vogt, Inc. v. Int'l Bhd. of Teamsters, Local 695, 74 N.W.2d 749 (Wis. 1956). “" Sec. 111.04, Stats., provides that: "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…”
Daniel Sarauer v. Int'l Ass'n of M, 966 F.3d 661 (7th Cir. 2020). “It alleged that plaintiffs had been unlawfully required to pay union fair‐ share fees as a condition of employment in violation of Wis. Stat. § 111.04 (3)(a). The complaint added a third claim for vi‐ olation of the state wage payment statute, alleging on behalf of those…”
Int'l Ass'n of Machinists Dist. Ten & Local Lodge 873 v. Allen, 904 F.3d 490 (7th Cir. 2018). “Act 1, § 5, codified at Wis. Stat. § 111.04 (3)(a). Act 1 provides in part: "No person may require, as a condition of obtaining or continuing employment, an individual to .”
Int'l Union of Operating Engineers Local 139 v. Schimel, 863 F.3d 674 (7th Cir. 2017). “Wis. Stat. § 111.04 (3)(a). IUOE—which had entered into several conditional union-security agreements with employers—filed suit against various Wisconsin officials (“Wisconsin”), seeking to void the provision of Act 1 that prohibits forming union-security agreements of any kind.”
Int'l Union of Operating Engineers Local 370 v. Wasden, 217 F. Supp. 3d 1209 (D. Idaho 2016). “§ 27-7-111 (1963); Wis. Stat. § 111.04 (Supp. 2016) (enacted Mar.”
Christoffel v. Wisconsin Emp. Relations Bd., 10 N.W.2d 197 (Wis. 1943). “(2) The provisions of sec. 111.04, Stats., declaring the right of employees to refrain from joining and assisting labor organizations is invalid.”
Retail Clerks' Union, Local No. 1403 v. Wisconsin Emp. Relations Bd., 6 N.W.2d 698 (Wis. 1942). “” Sec. 111.04, Stats. 1939, provides: “Employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain *33 collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the…”
Jt. Sch. Dist. No. 8 v. Wisconsin Emp. Relations Bd., 155 N.W.2d 78 (Wis. 1967). “Under the Employment Peace Act the employees by sec. 111.04, Stats., have the right “. . .”
Int'l Ass'n of Machinists Dist. 10 v. State, 2017 WI App 66 (Wis. Ct. App. 2017). “§ 157 ; Wis. Stat. § 111.04 (1). Representatives may be any person or group of persons, including a labor organization.”
United Auto., Aircraft & Agric. Implement Workers, Local 283 v. Scofield, 183 N.W.2d 103 (Wis. 1971). “7, that the enforcement of the union *128 fine endangers industrial peace would be near absurd in the face of the judgment of the Congress, the NLRB, and the United States Supreme Court that industrial peace is not thereby endangered.”
Robert L. Slamka v. Gen. Heating & Air Conditioning, 2022 WI 68 (Wis. 2022). “§ 111.04 (3)(a) (2017-18). After reviewing the record and the briefs, and after hearing oral arguments, we conclude that this matter should be dismissed as improvidently granted.”
— Wis. Stat. § 111.04(3)(a) — 1 case
Robert L. Slamka v. Gen. Heating & Air Conditioning (Wis. Ct. App. 2021).
— Wis. Stat. § 111.04(3)(a)(3) — 1 case
Int'l Union of Operating Engineers Local 139 v. Schimel, 210 F. Supp. 3d 1088 (E.D. Wis. 2016). “See Wis. Stat. § 111.04 (Supp. 2016) (enacted Mar.”
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