In the waning days of the 2009-10 legislative session, the Wisconsin Legislature enacted SB 585 (2009 WI Act 290), which limited employers’ ability to meet with employees to discuss unions. Specifically, the law amended the Wisconsin Fair Employment Act to prohibit an employer from discharging or otherwise discriminating against an employee, or threatening to discharge an employee, because the employee declines to attend an employer-sponsored meeting.

The Wisconsin Manufacturers & Commerce and Metropolitan Milwaukee Association of Commerce sued the state arguing that the new law is preempted by the National Labor Relations Act (NLRA) under the Supremacy Clause of the United States Constitution.

The state entered into to a stipulation declaring that the NLRA in fact preempts the amended law, thereby enjoining the Wisconsin Department of Workforce Development or any other state agency from enforcing the law.

Click here to view the stipulation entered into by WMC, MMAC and the state.