111.70 Annotation
Managerial employes are those who participate in the formulation, determination and implementation of management policy or possess effective authority to commit employer's resources. Milwaukee v. WERC, 71 W (2d) 709, 239 NW (2d) 63.
111.70 Annotation
WERC order under (4) (d) 2. a. determining the voting unit and directing an election be held is not reviewable under ch. 227. West Allis v. WERC, 72 W (2d) 268, 240 NW (2d) 416.
111.70 Annotation
Mandatory subjects of collective bargaining under sub. (1) (d), 1981 stats. [now sub. (1) (a)] between teachers' association and school board discussed. Beloit Education Asso. v. WERC, 73 W (2d) 43, 242 NW (2d) 231.
111.70 Annotation
See note to 788.10, citing Jt. School Dist. No. 10 v. Jefferson Ed. Asso. 78 W (2d) 94, 253 NW (2d) 536.
111.70 Annotation
Collective bargaining is required regarding decisions primarily related to wages, hours and conditions of employment; it is not mandatory where decision is primarily related to formulation or management of public policy. Unified S.D. No. 1 of Racine County v. WERC, 81 W (2d) 89, 259 NW (2d) 724.
111.70 Annotation
See note to 62.13, citing Glendale Prof. Policemen's Asso. v. Glendale, 83 W (2d) 90, 264 NW (2d) 594 (1978).
111.70 Annotation
In applying doctrine of primary jurisdiction, trial court did not abuse discretion by transferring case involving prohibited practice under (3) (a) 1. to the commission after all constitutional issues had been resolved. Browne v. Milwaukee Bd. of School Directors, 83 W (2d) 316, 265 NW (2d) 559 (1978).
111.70 Annotation
Under (3) (a) 6., municipal employer may deduct union dues from paycheck of minority union member. Milw. Fed. of Teachers, Local No. 252 v. WERC, 83 W (2d) 588, 266 NW (2d) 314 (1978).
111.70 Annotation
See note to 788.10, citing Madison Metropolitan School Dist. v. WERC, 86 W (2d) 249, 272 NW (2d) 314 (Ct. App. 1978).
111.70 Annotation
Lay off of public employes due to budget cut was not a mandatory subject of bargaining. City of Brookfield v. WERC, 87 W (2d) 819, 275 NW (2d) 723 (1979).
111.70 Annotation
Primary jurisdiction rule discussed. McEwen v. Pierce County, 90 W (2d) 256, 279 NW (2d) 469 (1979).
111.70 Annotation
Under (3) (a) 6, a fair-share provision of successor collective bargaining agreement was applied retroactively to hiatus between agreements. Berns v. Wisconsin Employment Relations Comm. 94 W (2d) 214, 287 NW (2d) 829 (Ct. App. 1979); aff'd. 99 W (2d) 252, 299 NW (2d) 248 (1980).
111.70 Annotation
Arbitrators appointed pursuant to grievance procedure contained in collective bargaining agreement properly held de novo factual hearing to determine whether just cause existed for school board to terminate teacher. Arbitration Between West Salem & Fortney, 108 W (2d) 167, 321 NW (2d) 255 (1982).
111.70 Annotation
See note to Art. IV, sec. 1, citing Milwaukee County v. District Council 48, 109 W (2d) 14, 325 NW (2d) 350 (Ct. App. 1982).
111.70 Annotation
Contract provision stating that teacher speaking or writing as citizen shall be free from administrative and school censorship and discipline, was primarily related to employment conditions, and as such was mandatory subject of collective bargaining. Blackhawk Teachers' Federation v. WERC, 109 W (2d) 415, 326 NW (2d) 247 (Ct. App. 1982).
111.70 Annotation
Sub. (4) (jm) is constitutional. Brennan v. Employment Relations Commission, 112 W (2d) 38, 331 NW (2d) 667 (Ct. App. 1983).
111.70 Annotation
See note to 227.57, citing Arrowhead United Teachers v. ERC, 116 W (2d) 580, 342 NW (2d) 709 (1984).
111.70 Annotation
Board's anti-nepotism policy was mandatory subject of collective bargaining. School Dist. of Drummond v. ERC, 121 W (2d) 126, 358 NW (2d) 285 (1984).
111.70 Annotation
Because school supervisors are not subject to this section, fair-share deduction from paychecks of nonunion supervisors was not authorized. Perry v. Milwaukee School Board, 131 W (2d) 380, 388 NW (2d) 638 (Ct. App. 1986).
111.70 Annotation
Provision in union's constitution which required local to forfeit treasury upon vote of disaffiliation was void as against public policy. Wells v. Waukesha Marine Bank, 135 W (2d) 519, 401 NW (2d) 18 (Ct. App. 1986).
111.70 Annotation
See note to 109.11, citing Employees Local 1901 v. Brown County, 146 W (2d) 728, 432 NW (2d) 571 (1988).
111.70 Annotation
Three-year limitation on term of agreement under (3) (a) 4. does not limit scope of deferred compensation proposals. City of Brookfield v. WERC, 153 W (2d) 238, 450 NW (2d) 495 (Ct. App. 1989).
111.70 Annotation
Interest arbitration provisions in (4) (cm) 6. apply during negotiation of wages, hours and conditions of employment for positions newly accreted to bargaining unit. Wausau Sch. Dist. Maintenance Union v. WERC, 157 W (2d) 315, 459 NW (2d) 861 (Ct. App 1990).
111.70 Annotation
County's decision to sell health care center was not mandatory subject of bargaining. Local 2236, AFSCME, AFL-CIO v. WERC, 157 W (2d) 708, 461 NW (2d) 286 (Ct. App. 1990).
111.70 Annotation
Whether subject is mandatory, permissive or prohibited subject of bargaining, including finding particular contract provision constitutionally prohibited, is for determination of WERC. Milw. Board of School Directors v. WERC, 163 W (2d) 739, 472 W (2d) 553 (Ct. App. 1991).
111.70 Annotation
"Arbitration decision" as used in (3) (a) 7, encompasses all items incorporated into resultant collective bargaining agreement, including those not in dispute. Sauk County v. WERC, 165 W (2d) 406, 477 NW (2d) 267 (1991).
111.70 Annotation
Failure to implement an "arbitration decision" under (3) (a) 7., arises when employer fails to incorporate specific terms of award into resultant agreement or to give retroactive effect to economic items in retroactive contract. Sauk County v. WERC, 165 W (2d) 406, 477 NW (2d) 267 (1991).
111.70 Annotation
Whether payments under arbitration award are due from the entry of the award depends on the overall circumstances. Kenosha Fire Fighters v. City of Kenosha, 168 W (2d) 658, 484 NW (2d) 152 (1992).
111.70 Annotation
Discussion of chargeability to nonunion municipal employes of union activities under fair share agreement and procedural safeguards necessary for collection. Browne v. WERC, 169 W (2d) 79, 485 NW (2d) 376 (1992).
111.70 Annotation
No bright-line test exists for determining whether a register in probate, probate register or probate commissioner is subject to s. 111.70 and eligible for union membership; factors considered include budget and administrative duties assigned to that person. Manitowoc County v. Local 986A, 170 W (2d) 692, 489 NW (2d) 722 (Ct. App. 1992). See also Iowa County v. Iowa County Courthouse, 166 W (2d) 614, 480 NW (2d) 499 (1992).
111.70 Annotation
Where a collective bargaining agreement could cover a dispute, and there is no provision which specifically excludes the dispute, the agreement's grievance and arbitration provisions apply. Racine Education Ass'n. v. Racine Unified School Dist. 176 W (2d) 273, NW (2d) (Ct. App. 1993).
111.70 Annotation
A union request that the county make pension contributions for jailers equal in amount to those for its "protective occupation participants" under s. 40.02 (48) did not require reclassification of the jailers as "POPS", is allowed under s. 40.05 (2) (g) 1. and is a mandatory subject of bargaining under sub. (1) (a). County of LaCrosse v. WERC, 180 W (2d) 100, 508 NW (2d) 9 (1993).
111.70 Annotation
School board's unilateral change in rules governing the use of sick leave after the expiration of a collective bargaining agreement changed the status quo and was impermissible. "Zipper" clause in the expired agreement providing that the agreement superceded all previous agreements did not prevent the examination of past practice in determining the status quo. St. Croix Falls School Dist. v. WERC, 186 W (2d) 671, 522 NW (2d) 507 (Ct. App. 1994).
111.70 Annotation
The status quo to be maintained during negotiations is dynamic. Where history shows changes in compensation upon employe attainment of specified experience levels, the employer is required to continue the practice during negotiations. Jefferson County v. WERC, 187 W (2d) 646, 523 NW (2d) 172 (Ct. App. 1994).
111.70 Annotation
A proposal to make the suspension of a police officer subject to arbitration rather than review under s. 62.13 is not a mandatory subject of bargaining and is in irreconcilable conflict with s. 62.13. City of Janesville V. WERC, 193 W (2d) 492, 535 NW (2d) 34 (Ct. App. 1995).
111.70 Annotation
The phrase "consisting of school district professional employes" in sub. (4) (cm) 5s. means consisting exclusively of that group. Madison Teachers, Inc. v. Madison Metropolitan School District, 197 W (2d) 731, 541 NW (2d) 786 (Ct. App. 1995).
111.70 Annotation
Sub. (4) (d) deals with the rights of an employe or minority group of employes to participate in collective bargaining and not with the rights of an employe to proceed directly against an employer for a breach of the collective bargaining agreement. Gray v. Marinette County, 200 W (2d) 426, 546 NW (2d) 553 (Ct. App. 1996).
111.70 Annotation
A school board's implementation of year-round school programs was primarily related to educational policy, not hours and wages, and was not a mandatory subject of bargaining. Racine Education Association v. WERC, 214 W (2d) 352, 571 NW (2d) 877 (Ct. App. 1997).
111.70 Annotation
The negotiation for wages, hours and terms of employment for a position created during the term of a collective bargaining agreement which will apply to the new position is a new agreement for that position within sub. (4) (cm) 6., subject to arbitration. Local 60 v. WERC, 217 W (2d) 602, 579 NW (2d) 59 (Ct. App. 1997).
111.70 Annotation
A municipal employer may agree to pay the employes' portion of retirement contributions to the state fund. 59 Atty. Gen. 186.
111.70 Annotation
A county ordinance implementing a collective bargaining agreement providing for the payment to county employes, upon their leaving government employment, compensation for accumulated sick leave, earned both before and after the effective date of the ordinance is valid. 59.07, 59.15, and 111.70 discussed. Applicability of 39 OAG 314 limited. 59 Atty. Gen. 209.
111.70 Annotation
See note to 118.21, citing 63 Atty. Gen. 16.
111.70 Annotation
Attorney general declines to render an opinion on what is subject to collective bargaining in view of a preferred legislative intent that under (4) (b) such questions be resolved through the declaratory judgment procedure before the Wisconsin employment relations commission subject to judicial review. 63 Atty. Gen. 590.
111.70 Annotation
Milwaukee school board is authorized by s. 111.70 to contract for a retirement system supplementary to the one under subch. II of ch. 42. 67 Atty. Gen. 153.
111.70 Annotation
Application of open meeting law to duties of WERC discussed. 68 Atty. Gen. 171.
111.70 Annotation
Board of education may not prevent non-union teacher from speaking of bargaining issue at open meeting. Madison School Dist. v. Wisconsin Emp. Comm. 429 US 167.
111.70 Annotation
See note to Art. I, sec. 1, citing Stevens v. Jt. School Dist. No. 1, Tony, Etc. 429 F Supp. 477.
111.70 Annotation
The crisis of the 70's—who will manage municipal government? Mulcahy, 54 MLR 315.
111.70 Annotation
Municipal personnel problems and solutions. Mulcahy, 56 MLR 529.
111.70 Annotation
Right to strike and compulsory arbitration: panacea or placebo? Coughlin, Rader, 58 MLR 205.
111.70 Annotation
Wisconsin's municipal labor law: A need for change. Mulcahy and Ruesch, 64 MLR 103 (1980).
111.70 Annotation
Final offer interest arbitration in Wisconsin: Legislative history, participant attitudes, future trends. Clune and Hyde, 64 MLR 455 (1981).
111.70 Annotation
Public sector collective bargaining. Anderson, 1973 WLR 986.
111.70 Annotation
Impartial decisionmaker—authority of school board to dismiss striking teachers. 1977 WLR 521.
111.70 Annotation
Final offer mediation-arbitration and the limited right to strike: Wisconsin's new municipal employment bargaining law. 1979 WLR 167.
111.70 Annotation
Union security in the public sector: Defining political expenditures related to collective bargaining. 1980 WLR 134.
111.70 Annotation
Fact-finding in public employment disputes. Marshall, 43 WBB, No. 6.
111.71
111.71
General provisions. 111.71(1)(1) The commission may adopt reasonable 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).
111.71(2)
(2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under
s. 111.70 (3). 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. 111.70 (4) (c) 2. or
(cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under
s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under
s. 111.70 (4) (c) 1. or
(cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under
s. 111.70 (4) (cm) 6. or
(jm) or
111.77 (3). For the performance of commission actions under
ss. 111.70 (4) (c) 1.,
2. and
3.,
(cm) 3.,
4. and
6. and
(jm) and
111.77 (3), 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 a prohibited practice has been committed under
s. 111.70 (3), 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 dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions 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, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under
s. 111.70 (4) (cm) 6. or
(jm) or
111.77 (3) shall not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under
s. 20.425 (1) (i).
111.71(4)
(4) The commission shall collect on a systematic basis information on the operation of the arbitration law under
s. 111.70 (4) (cm). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
111.71(5)
(5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under
s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.
111.71(6)
(6) This subchapter may be cited as "Municipal Employment Relations Act".
111.77
111.77
Settlement of disputes in collective bargaining units composed of law enforcement personnel and fire fighters. In fire departments and city and county law enforcement agencies municipal employers and employes have the duty to bargain collectively in good faith including the duty to refrain from strikes or lockouts and to comply with the procedures set forth below:
111.77(1)
(1) If a contract is in effect, the duty to bargain collectively means that a party to such contract shall not terminate or modify such contract unless the party desiring such termination or modification:
111.77(1)(a)
(a) Serves written notice upon the other party to the contract of the proposed termination or modification 180 days prior to the expiration date thereof or, if the contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification. This paragraph shall not apply to negotiations initiated or occurring in 1971.
111.77(1)(b)
(b) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications.
111.77(1)(c)
(c) Notifies the commission within 90 days after the notice provided for in
par. (a) of the existence of a dispute.
111.77(1)(d)
(d) Continues in full force and effect without resorting to strike or lockout all terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of the contract, whichever occurs later.
111.77(1)(e)
(e) Participates in mediation sessions by the commission or its representatives if specifically requested to do so by the commission.
111.77(1)(f)
(f) Participates in procedures, including binding arbitration, agreed to between the parties.
111.77(2)
(2) If there has never been a contract in effect, the union shall notify the commission within 30 days after the first demand upon the employer of the existence of a dispute provided no agreement is reached by that time, and in such case
sub. (1) (b),
(e) and
(f) shall apply.
111.77(3)
(3) Where the parties have no procedures for disposition of a dispute and an impasse has been reached, either party may petition the commission to initiate compulsory, final and binding arbitration of the dispute. If in determining whether an impasse has been reached the commission finds that any of the procedures set forth in
sub. (1) have not been complied with and that compliance would tend to result in a settlement, it may require such compliance as a prerequisite to ordering arbitration. If after such procedures have been complied with or the commission has determined that compliance would not be productive of a settlement and the commission determines that an impasse has been reached, it shall issue an order requiring arbitration. The commission shall in connection with the order for arbitration submit a panel of 5 arbitrators from which the parties may alternately strike names until a single name is left, who shall be appointed by the commission as arbitrator, whose expenses shall be shared equally between the parties. Arbitration proceedings under this section shall not be interrupted or terminated by reason of any prohibited practice charge filed by either party at any time.
111.77(4)
(4) There shall be 2 alternative forms of arbitration:
111.77(4)(a)
(a) Form 1. The arbitrator shall have the power to determine all issues in dispute involving wages, hours and conditions of employment.
111.77(4)(b)
(b) Form 2. The commission shall appoint an investigator to determine the nature of the impasse. The commission's investigator shall advise the commission in writing, transmitting copies of such advice to the parties of each issue which is known to be in dispute. Such advice shall also set forth the final offer of each party as it is known to the investigator at the time that the investigation is closed. Neither party may amend its final offer thereafter, except with the written agreement of the other party. The arbitrator shall select the final offer of one of the parties and shall issue an award incorporating that offer without modification.
111.77(5)
(5) The proceedings shall be pursuant to form 2 unless the parties shall agree prior to the hearing that form 1 shall control.
111.77(6)
(6) In reaching a decision the arbitrator shall give weight to the following factors:
111.77(6)(c)
(c) The interests and welfare of the public and the financial ability of the unit of government to meet these costs.
111.77(6)(d)
(d) Comparison of the wages, hours and conditions of employment of the employes involved in the arbitration proceeding with the wages, hours and conditions of employment of other employes performing similar services and with other employes generally:
111.77(6)(e)
(e) The average consumer prices for goods and services, commonly known as the cost of living.
111.77(6)(f)
(f) The overall compensation presently received by the employes, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.
111.77(6)(g)
(g) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.
111.77(6)(h)
(h) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment.
