Congratulations to the Wisconsin Manufacturers and Commerce (WMC) for the group’s successful challenge to a state law that attempted to restrict employers’ rights to communicate with their employees during union organizing campaigns. From WMC’s “Insight: Union Organizing Statute Found Unconstitutional“:
Earlier this year, Governor Jim Doyle signed Act 290, making Wisconsin the second state in the nation to attempt to strip employers of their right to hold “captive-audience” talks with their workforce. Act 290 amended the Wisconsin Fair Employment Act (WFEA) to prohibit employers from disciplining employees who refuse to attend “employer-sponsored meetings” or “participate in any communication with the employer or agent, representative, or designee of the employer” where the “primary purpose” of the meeting or communication is to express the employer’s “opinion” about an employee’s decision to join or support a union….
WMC and the Milwaukee Metropolitan Association of Commerce had urged Gov. Doyle to veto the bill and thus subsequently filed suit, challenging the state law as a violation of the National Labor Relations Act. More from WMC:
The suit asserted that the WFEA amendments were preempted by the NLRA and violated the free speech rights Wisconsin employers enjoy under the First and Fourteenth Amendments of the United States Constitution. (continue reading…)