Under each fair-share or maintenance of membership agreement, an employe or supervisor who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the employe or supervisor and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.
Once authorized, a fair-share or maintenance of membership agreement shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30% of the employes or supervisors in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting employes or supervisors required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.
The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any employe or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employe or supervisor covered thereby, may come before the commission, as provided in s. 111.07
, and petition the commission to make such a finding.
A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.
The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employes are entitled to vote in a referendum to conduct a referendum provided for herein.
Notwithstanding sub. (1)
, if on July 1, 1997, there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (a)
, that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.825 (1m) (a)
without the necessity of filing a petition or conducting a referendum, subject to the right of the employes in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a)
Grievance arbitration. 111.86(1)
Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency serve as arbitrator or may designate any other competent, impartial and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788
The department shall charge a state department or agency the employer's share of the cost related to grievance arbitration under sub. (1)
for any arbitration that involves one or more employes of the state department or agency. Each state department or agency so charged shall pay the amount that the department charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.512 (1) (km)
The commission may appoint any competent, impartial, disinterested person to act as mediator in any labor dispute either upon its own initiative or upon the request of one of the parties to the dispute. It is the function of such mediator to bring the parties together voluntarily under such favorable auspices as will tend to effectuate settlement of the dispute, but neither the mediator nor the commission shall have any power of compulsion in mediation proceedings.
History: 1971 c. 270
If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the representative which has been certified by the commission after an election, or, in the case of a representative of employes specified in s. 111.81 (7) (a)
, has been duly recognized by the employer, as the exclusive representative of employes in an appropriate collective bargaining unit, and the employer, its officers and agents, after a reasonable period of negotiation, are deadlocked with respect to any dispute between them arising in the collective bargaining process, the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.
Upon receipt of a petition to initiate fact-finding, the commission shall make an investigation with or without a formal hearing, to determine whether a deadlock in fact exists. After its investigation, the commission shall certify the results thereof. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or 3-member panel, when jointly requested by the parties, to function as a fact finder.
The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. In making findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy thereof to the commission at its Madison office.
Nothing herein shall be construed as prohibiting any fact finder from endeavoring to mediate the dispute at any time prior to the issuance of the fact finder's recommendations.
Within 30 days of the receipt of the fact finder's recommendations or within such time period mutually agreed upon by the parties, each party shall advise the other, in writing, as to the party's acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, send a copy of such notification to the commission at its Madison office. Failure to comply with this subsection, by the state employer or employe representative, constitutes a violation of s. 111.84 (1) (d)
or (2) (c)
Strike prohibited. 111.89(1)(1)
Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e)
or both. It is the responsibility of the department to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.
The occurrence of a strike and the participation therein by an employe do not affect the rights of the employer, in law or in equity, to deal with the strike, including:
The right to impose discipline, including discharge, or suspension without pay, of any employe participating therein;
The right to cancel the reinstatement eligibility of any employe engaging therein; and
The right of the employer to request the imposition of fines, either against the labor organization or the employe engaging therein, or to sue for damages because of such strike activity.
Nothing in this subchapter shall interfere with the right of the employer, in accordance with this subchapter to:
Carry out the statutory mandate and goals assigned to a state agency by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.
Subject to s. 111.91 (1) (am)
, manage the employes of a state agency; hire, promote, transfer, assign or retain employes in positions within the agency; and in that regard establish reasonable work rules.
Suspend, demote, discharge or take other appropriate disciplinary action against the employe for just cause; or to lay off employes in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and nonproductive.
History: 1971 c. 270
; 1995 a. 27
Subjects of bargaining. 111.91(1)(a)(a)
Except as provided in pars. (b)
, matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2)
, the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified employes to duties of a higher classification or downward reallocations of a classified employe's position; fringe benefits consistent with sub. (2)
; hours and conditions of employment.
In collective bargaining units specified in s. 111.825 (1m)
, the right of the employer to transfer employes from one position to another position and the right of employes to be transferred from one position to another position is a subject of bargaining.
The employer shall not be required to bargain on management rights under s. 111.90
, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3)
shall be a subject of bargaining.
The employer is prohibited from bargaining on matters contained in sub. (2)
Except as provided in sub. (2) (g)
and ss. 40.02 (22) (e)
and 40.23 (1) (f) 4.
, all laws governing the Wisconsin retirement system under ch. 40
and all actions of the employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated employes, unless otherwise specifically provided in a collective bargaining agreement that applies to those employes.
Demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.
The employer shall not be required to bargain on matters related to employe occupancy of houses or other lodging provided by the state.
The employer is prohibited from bargaining on:
The mission and goals of state agencies as set forth in the statutes.
Policies, practices and procedures of the civil service merit system relating to:
Original appointments and promotions specifically including recruitment, examinations, certification, policies with respect to probationary periods and appointments, but not including transfers between positions allocated to classifications that are assigned to the same pay range or an identical pay range in a different pay schedule, within the same collective bargaining unit or another collective bargaining unit represented by the same labor organization.
The job evaluation system specifically including position classification and reclassification, position qualification standards, establishment and abolition of classifications, and allocation and reallocation of positions to classifications; and the determination of an incumbent's status, other than pay status, resulting from position reallocations.
Family leave and medical leave rights below the minimum afforded under s. 103.10
. Nothing in this paragraph prohibits the employer from bargaining on rights to family leave or medical leave which are more generous to the employe than the rights provided under s. 103.10
The rights of employes to have retirement benefits computed under s. 40.30
Honesty testing requirements that provide fewer rights and remedies to employes than are provided under s. 111.37
The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85
The secretary of the department, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a)
, shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employes or supervisors of employes specified in s. 111.81 (7) (a)
and with each certified labor organization representing employes specified in s. 111.81 (7) (b)
which do not contain any provision for the payment to any employe of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employe has been employed by the state.
History: 1971 c. 270
; 1975 c. 39
; 1977 c. 196
; 1979 c. 221
; 1983 a. 27
; 1985 a. 42
; 1987 a. 27
; 1989 a. 13
; 1991 a. 269
; 1995 a. 27
; 1995 a. 302
; 1997 a. 27
Effective date of state employes' collective bargaining agreement was mandatory subject of collective bargaining agreement. Department of Administration v. WERC, 90 W (2d) 426, 280 NW (2d) 150 (1979).
Unfair labor practices and collective bargaining regarding pensions as to state employes discussed. 64 Atty. Gen. 18.
The secretary of the department shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employe benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.
History: 1977 c. 196
Any tentative agreement reached between the department, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1)
shall, after official ratification by the labor organization, be submitted by the department to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1)
, 13.50 (6) (a)
and 16.47 (2)
. The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.
Any tentative agreement reached between the University of Wisconsin Hospitals and Clinics Board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1m)
shall, after official ratification by the labor organization, be executed by the parties.
No portion of any tentative agreement shall become effective separately.
Agreements shall coincide with the fiscal year or biennium.
It is the declared intention under this subchapter that the negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.
Notwithstanding any other provision of the statutes, all compensation adjustments for employes shall be effective on the beginning date of the pay period nearest the statutory or administrative date.
Matters within the scope of bargaining under 111.91, agreed to by the department of administration and a state employe union, are not effective until submitted as tentative agreements to and approved by the Joint Committee on Employment Relations. 67 Atty. Gen 38.
Effect of labor organization; status of existing benefits and rights. 111.93(1)
If no collective bargaining agreement exists between the employer and a labor organization representing classified employes in a collective bargaining unit for which a representative is recognized or certified, employes in the unit shall retain the right of appeal under s. 230.44
All civil service and other applicable statutes concerning wages, fringe benefits, hours and conditions of employment apply to employes specified in s. 111.81 (7) (a)
who are not included in collective bargaining units for which a representative is recognized or certified and to employes specified in s. 111.81 (7) (b)
who are not included in a collective bargaining unit for which a representative is certified.
Except as provided in ss. 40.05
, 40.80 (3)
, 111.91 (1) (cm)
and 230.88 (2) (b)
, if a collective bargaining agreement exists between the employer and a labor organization representing employes in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the university of Wisconsin system, related to wages, fringe benefits, hours and conditions of employment whether or not the matters contained in those statutes, rules and policies are set forth in the collective bargaining agreement.
Rules, transcripts, training programs, fees. 111.94(1)(1)
The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i)
, except that fees collected in excess of the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be credited to the appropriation account under s. 20.425 (1) (g)
The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.84
. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.86
. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.88
. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.87
. For the performance of commission actions under s. 111.86
, the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.84
, the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i)
The commission may provide training programs to individuals and organizations on collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining, and may charge a reasonable fee for participation in the programs.