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AB11,78,215 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; other
16personnel
general municipal employees. 1. `Notice of commencement of contract
17negotiations.' For the purpose of advising the commission of the commencement of
18contract negotiations involving a collective bargaining unit containing general
19municipal employees
, whenever either party requests the other to reopen
20negotiations under a binding collective bargaining agreement, or the parties
21otherwise commence negotiations if no such agreement exists, the party requesting
22negotiations shall immediately notify the commission in writing. Upon failure of the
23requesting party to provide such notice, the other party may so notify the
24commission. The notice shall specify the expiration date of the existing collective

1bargaining agreement, if any, and shall set forth any additional information the
2commission may require on a form provided by the commission.
AB11,78,103 2. `Presentation of initial proposals; open meetings.' The meetings between
4parties to a collective bargaining agreement or proposed collective bargaining
5agreement under this subchapter which that involve a collective bargaining unit
6containing a general municipal employee and that
are held for the purpose of
7presenting initial bargaining proposals, along with supporting rationale, shall be
8open to the public. Each party shall submit its initial bargaining proposals to the
9other party in writing. Failure to comply with this subdivision is not cause to
10invalidate a collective bargaining agreement under this subchapter.
AB11,78,1511 3. `Mediation.' The commission or its designee shall function as mediator in
12labor disputes involving general municipal employees upon request of one or both of
13the parties, or upon initiation of the commission. The function of the mediator shall
14be to encourage voluntary settlement by the parties. No mediator has the power of
15compulsion.
AB11,78,2116 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
17application of the terms of a written collective bargaining agreement involving a
18collective bargaining unit containing a general municipal employee
may agree in
19writing to have the commission or any other appropriate agency serve as arbitrator
20or may designate any other competent, impartial and disinterested person to so
21serve.
AB11, s. 215 22Section 215. 111.70 (4) (cm) 5., 6., 7., 7g., 7r. and 8. of the statutes are repealed.
AB11, s. 216 23Section 216. 111.70 (4) (cm) 8m. of the statutes is amended to read:
AB11,79,1524 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
25the initial collective bargaining agreement between the parties and except as the

1parties otherwise agree, every collective bargaining agreement covering general
2municipal employees subject to this paragraph shall be for a term of 2 years, but in
3no case may a collective bargaining agreement for any collective bargaining unit
4consisting of municipal employees subject to this paragraph other than school
5district employees be for a term exceeding 3 years nor may a collective bargaining
6agreement for any collective bargaining unit consisting of school district employees
7subject to this paragraph be for a term exceeding 4 years
one year and may not be
8extended
. No arbitration award may contain a provision for reopening of
9negotiations during the term of a
collective bargaining agreement , covering general
10municipal employees may be reopened for negotiations
unless both parties agree to
11such a provision reopen the collective bargaining agreement. The requirement for
12agreement by both parties does not apply to a provision for reopening of negotiations
13with respect to any portion of an agreement that is declared invalid by a court or
14administrative agency or rendered invalid by the enactment of a law or promulgation
15of a federal regulation.
AB11, s. 217 16Section 217. 111.70 (4) (cm) 9. of the statutes is repealed.
AB11, s. 218 17Section 218. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB11,81,218 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
19bargaining unit for the purpose of collective bargaining and shall whenever possible,
20unless otherwise required under this subchapter,
avoid fragmentation by
21maintaining as few collective bargaining units as practicable in keeping with the size
22of the total municipal workforce. In making such a determination, the The
23commission may decide whether, in a particular case, the municipal employees in the
24same or several departments, divisions, institutions, crafts, professions, or other
25occupational groupings constitute a collective bargaining unit. Before making its

1determination, the commission may provide an opportunity for the municipal
2employees concerned to determine, by secret ballot, whether they desire to be
3established as a separate collective bargaining unit. The commission shall may not
4decide, however, that any group of municipal employees constitutes an appropriate
5collective bargaining unit if the group includes both professional employees and
6nonprofessional employees, unless a majority of the professional employees vote for
7inclusion in the unit. The commission may not decide that any group of municipal
8employees constitutes an appropriate collective bargaining unit if the group includes
9both school district employees and general municipal employees who are not school
10district employees. The commission may not decide that any group of municipal
11employees constitutes an appropriate collective bargaining unit if the group includes
12both public safety employees and general municipal employees.
The commission
13shall may not decide that any group of municipal employees constitutes an
14appropriate collective bargaining unit if the group includes both craft employees and
15noncraft employees unless a majority of the craft employees vote for inclusion in the
16unit. The commission shall place the professional employees who are assigned to
17perform any services at a charter school, as defined in s. 115.001 (1), in a separate
18collective bargaining unit from a unit that includes any other professional employees
19whenever at least 30% of those professional employees request an election to be held
20to determine that issue and a majority of the professional employees at the charter
21school who cast votes in the election decide to be represented in a separate collective
22bargaining unit. Upon the expiration of any collective bargaining agreement in
23force, the commission shall combine into a single collective bargaining unit 2 or more
24collective bargaining units consisting of school district employees if a majority of the

1employees voting in each collective bargaining unit vote to combine. Any vote taken
2under this subsection shall be by secret ballot.
AB11, s. 219 3Section 219. 111.70 (4) (d) 3. of the statutes is amended to read:
AB11,81,74 111.70 (4) (d) 3. a. Whenever, in a particular case, a question arises concerning
5representation or appropriate unit, calling for a vote, the commission shall certify the
6results in writing to the municipal employer and the labor organization involved and
7to any other interested parties.
AB11,81,12 8c. Any ballot used in a representation proceeding under this subdivision shall
9include the names of all persons having an interest in representing or the results.
10The ballot should be so designed as to permit a vote against representation by any
11candidate named on the ballot. The findings of the commission, on which a
12certification is based, shall be conclusive unless reviewed as provided by s. 111.07 (8).
AB11, s. 220 13Section 220. 111.70 (4) (d) 3. b. of the statutes is created to read:
AB11,82,514 111.70 (4) (d) 3. b. Annually, the commission shall conduct an election to certify
15the representative of the collective bargaining unit that contains a general municipal
16employee. The election shall occur no later than December 1 for a collective
17bargaining unit containing school district employees and no later than May 1 for a
18collective bargaining unit containing general municipal employees who are not
19school district employees. The commission shall certify any representative that
20receives at least 51 percent of the votes of all of the general municipal employees in
21the collective bargaining unit. If no representative receives at least 51 percent of the
22votes of all of the general municipal employees in the collective bargaining unit, at
23the expiration of the collective bargaining agreement, the commission shall decertify
24the current representative and the general municipal employees shall be
25nonrepresented. Notwithstanding sub. (2), if a representative is decertified under

1this subd. 3. b., the affected general municipal employees may not be included in a
2substantially similar collective bargaining unit for 12 months from the date of
3decertification. The commission shall assess and collect a certification fee for each
4election conducted under this subd. 3. b. Fees collected under this subd. 3. b. shall
5be credited to the appropriation account under s. 20.425 (1) (i).
AB11, s. 221 6Section 221. 111.70 (4) (L) of the statutes is amended to read:
AB11,82,117 111.70 (4) (L) Strikes prohibited. Except as authorized under par. (cm) 5. and
86. c., nothing
Nothing contained in this subchapter constitutes a grant of the right
9to strike by any municipal employee or labor organization, and such strikes are
10hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an
11injunction has been issued against such strike under sub. (7m).
AB11, s. 222 12Section 222. 111.70 (4) (m) of the statutes is repealed.
AB11, s. 223 13Section 223. 111.70 (4) (mb) of the statutes is created to read:
AB11,82,1714 111.70 (4) (mb) Prohibited subjects of bargaining; general municipal employees.
15The municipal employer is prohibited from bargaining collectively with a collective
16bargaining unit containing a general municipal employee with respect to any of the
17following:
AB11,82,2118 1. Any factor or condition of employment except wages, which includes only
19total base wages and excludes any other compensation, which includes, but is not
20limited to, overtime, premium pay, merit pay, performance pay, supplemental
21compensation, pay schedules, and automatic pay progressions.
AB11,82,2322 2. Except as provided in s. 66.0506 or 118.245, whichever is applicable, any
23proposal that does any of the following:
AB11,83,324 a. If there is an increase in the consumer price index change, provides for total
25base wages for authorized positions in the proposed collective bargaining agreement

1that exceeds the total base wages for authorized positions 180 days before the
2expiration of the previous collective bargaining agreement by a greater percentage
3than the consumer price index change.
AB11,83,94 b. If there is a decrease in the consumer price index change, provides for total
5base wages for authorized positions in the proposed collective bargaining agreement
6that exceeds the total base wages for authorized positions 180 days before the
7expiration of the previous collective bargaining agreement decreased by a
8percentage of that expenditure that is equal to the decrease in the consumer price
9index change.
AB11, s. 224 10Section 224. 111.70 (4) (mc) (intro.) of the statutes is amended to read:
AB11,83,1411 111.70 (4) (mc) Prohibited subjects of bargaining; public safety employees.
12(intro.) The municipal employer is prohibited from bargaining collectively with a
13collective bargaining unit containing a public safety employee
with respect to any of
14the following
:
AB11, s. 225 15Section 225. 111.70 (4) (mc) 4. of the statutes is repealed.
AB11, s. 226 16Section 226. 111.70 (4) (n) and (o) of the statutes are repealed.
AB11, s. 227 17Section 227. 111.70 (6) of the statutes is repealed.
AB11, s. 228 18Section 228. 111.70 (7) of the statutes is repealed.
AB11, s. 229 19Section 229. 111.70 (7m) (b) of the statutes is repealed.
AB11, s. 230 20Section 230. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
AB11,84,421 111.70 (7m) (c) 1. a. Any labor organization that represents public safety
22employees
which violates sub. (4) (L) shall be penalized by the suspension of may not
23collect
any dues check-off under a collective bargaining agreement and or under a
24fair-share agreement between the municipal employer and such labor organization
25from any public safety employee covered by either agreement for a period of one year.

1At the end of the period of suspension, any such agreement shall be reinstated unless
2the labor organization is no longer authorized to represent the municipal public
3safety
employees covered by such dues check-off the collective bargaining
4agreement
or fair-share agreement or the agreement is no longer in effect.
AB11, s. 231 5Section 231. 111.70 (7m) (c) 3. of the statutes is repealed.
AB11, s. 232 6Section 232. 111.70 (7m) (e) and (f) of the statutes are repealed.
AB11, s. 233 7Section 233. 111.70 (8) (a) of the statutes is amended to read:
AB11,84,138 111.70 (8) (a) This section, except subs. (1) (nm), sub. (4) (cm) and (7m), applies
9to law enforcement supervisors employed by a 1st class city. This section, except
10subs. (1) (nm), sub. (4) (cm) and (jm) and (7m), applies to law enforcement supervisors
11employed by a county having a population of 500,000 or more. For purposes of such
12application, the term terms "municipal employee" includes and "public safety
13employee" include
such a supervisor.
AB11, s. 234 14Section 234. 111.71 (2) of the statutes is amended to read:
AB11,85,2315 111.71 (2) The commission shall assess and collect a filing fee for filing a
16complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
17The commission shall assess and collect a filing fee for filing a request that the
18commission act as an arbitrator to resolve a dispute involving the interpretation or
19application of a collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4.
20The commission shall assess and collect a filing fee for filing a request that the
21commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
22assess and collect a filing fee for filing a request that the commission act as a
23mediator under s. 111.70 (4) (c) 1. or (cm) 3. The commission shall assess and collect
24a filing fee for filing a request that the commission initiate compulsory, final and
25binding arbitration under s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3). For the

1performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cm) 3., and
24. and 6., and (jm) and 111.77 (3), the commission shall require that the parties to the
3dispute equally share in the payment of the fee and, for the performance of
4commission actions involving a complaint alleging that a prohibited practice has
5been committed under s. 111.70 (3), the commission shall require that the party filing
6the complaint pay the entire fee. If any party has paid a filing fee requesting the
7commission to act as a mediator for a labor dispute and the parties do not enter into
8a voluntary settlement of the dispute, the commission may not subsequently assess
9or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor
10dispute. If any request for the performance of commission actions concerns issues
11arising as a result of more than one unrelated event or occurrence, each such
12separate event or occurrence shall be treated as a separate request. The commission
13shall promulgate rules establishing a schedule of filing fees to be paid under this
14subsection. Fees required to be paid under this subsection shall be paid at the time
15of filing the complaint or the request for fact-finding, mediation or arbitration. A
16complaint or request for fact-finding, mediation or arbitration is not filed until the
17date such fee or fees are paid, except that the failure of the respondent party to pay
18the filing fee for having the commission initiate compulsory, final and binding
19arbitration under s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3) shall may not prohibit the
20commission from initiating such arbitration. The commission may initiate collection
21proceedings against the respondent party for the payment of the filing fee. Fees
22collected under this subsection shall be credited to the appropriation account under
23s. 20.425 (1) (i).
AB11, s. 235 24Section 235. 111.71 (4) of the statutes is repealed.
AB11, s. 236 25Section 236. 111.71 (5) of the statutes is repealed.
AB11, s. 237
1Section 237. 111.77 (intro.) of the statutes is amended to read:
AB11,86,7 2111.77 Settlement of disputes in collective bargaining units composed
3of law enforcement personnel and fire fighters
. (intro.) In fire departments
4and city and county law enforcement agencies municipal
Municipal employers and
5employees public safety employees, as provided in sub. (8), have the duty to bargain
6collectively in good faith including the duty to refrain from strikes or lockouts and
7to comply with the procedures set forth below following:
AB11, s. 238 8Section 238. 111.77 (8) (a) of the statutes is amended to read:
AB11,86,129 111.77 (8) (a) This section applies to law enforcement public safety employees
10who are
supervisors employed by a county having a population of 500,000 or more.
11For purposes of such application, the term "municipal employee" includes such a
12supervisor.
AB11, s. 239 13Section 239. 111.80 of the statutes is repealed.
AB11, s. 240 14Section 240. 111.81 (1) of the statutes is amended to read:
AB11,86,2415 111.81 (1) "Collective bargaining" means the performance of the mutual
16obligation of the state as an employer, by its officers and agents, and the
17representatives of its employees, to meet and confer at reasonable times, in good
18faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect
19to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3),
20with respect to general employees,
with the intention of reaching an agreement, or
21to resolve questions arising under such an agreement. The duty to bargain, however,
22does not compel either party to agree to a proposal or require the making of a
23concession. Collective bargaining includes the reduction of any agreement reached
24to a written and signed document.
AB11, s. 241 25Section 241. 111.81 (3h) of the statutes is repealed.
AB11, s. 242
1Section 242. 111.81 (3n) of the statutes is created to read:
AB11,87,52 111.81 (3n) "Consumer price index change" means the average annual
3percentage change in the consumer price index for all urban consumers, U.S. city
4average, as determined by the federal department of labor, for the 12 months
5immediately preceding the current date.
AB11, s. 243 6Section 243. 111.81 (7) (g) of the statutes is repealed.
AB11, s. 244 7Section 244. 111.81 (7) (gm), (h) and (i) of the statutes are created to read:
AB11,87,98 111.81 (7) (gm) Research assistants of the University of Wisconsin-Madison
9and University of Wisconsin-Extension.
AB11,87,1010 (h) Research assistants of the University of Wisconsin-Milwaukee.
AB11,87,1311 (i) Research assistants of the Universities of Wisconsin-Eau Claire, Green Bay,
12La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout,
13Superior, and Whitewater.
AB11, s. 245 14Section 245. 111.81 (9) of the statutes is amended to read:
AB11,87,2015 111.81 (9) "Fair-share agreement" means an agreement between the employer
16and a labor organization representing public safety employees or supervisors
17specified in s. 111.825 (5)
under which all of the public safety employees or
18supervisors
in a collective bargaining unit are required to pay their proportionate
19share of the cost of the collective bargaining process and contract administration
20measured by the amount of dues uniformly required of all members.
AB11, s. 246 21Section 246. 111.81 (9g) of the statutes is created to read:
AB11,87,2322 111.81 (9g) "General employee" means an employee who is not a public safety
23employee.
AB11, s. 247 24Section 247. 111.81 (9k) of the statutes is repealed.
AB11, s. 248 25Section 248. 111.81 (12) (intro.) of the statutes is amended to read:
AB11,88,5
1111.81 (12) (intro.) "Labor organization" means any employee organization
2whose purpose is to represent employees in collective bargaining with the employer,
3or its agents, on matters pertaining to terms and conditions of employment that are
4subject to collective bargaining under s. 111.91 (1) or (3), whichever is applicable
; but
5the term shall not include any organization:
AB11, s. 249 6Section 249. 111.81 (12m) of the statutes is amended to read:
AB11,88,147 111.81 (12m) "Maintenance of membership agreement" means an agreement
8between the employer and a labor organization representing public safety employees
9or supervisors specified in s. 111.825 (5) which requires that all of the public safety
10employees or supervisors whose dues are being deducted from earnings under s.
1120.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to
12have dues deducted for the duration of the agreement, and that dues shall be
13deducted from the earnings of all public safety employees or supervisors who are
14hired on or after the effective date of the agreement.
AB11, s. 250 15Section 250. 111.81 (15r) of the statutes is created to read:
AB11,88,1716 111.81 (15r) "Public safety employee" means any individual under s. 40.02 (48)
17(am) 7. or 8.
AB11, s. 251 18Section 251. 111.81 (16) of the statutes is amended to read:
AB11,88,2319 111.81 (16) "Referendum" means a proceeding conducted by the commission in
20which public safety employees, or supervisors specified in s. 111.825 (5), in a
21collective bargaining unit may cast a secret ballot on the question of directing the
22labor organization and the employer to enter into a fair-share or maintenance of
23membership agreement or to terminate such an agreement.
AB11, s. 252 24Section 252. 111.815 (1) of the statutes is amended to read:
AB11,90,2
1111.815 (1) In the furtherance of this subchapter, the state shall be considered
2as a single employer and employment relations policies and practices throughout the
3state service shall be as consistent as practicable. The office shall negotiate and
4administer collective bargaining agreements except that the department of health
5services, subject to the approval of the federal centers for medicare and medicaid
6services to use collective bargaining as the method of setting rates for
7reimbursement of home care providers, shall negotiate and administer collective
8bargaining agreements entered into with the collective bargaining unit specified in
9s. 111.825 (2g)
. To coordinate the employer position in the negotiation of agreements,
10the office, or the department of health services with regard to collective bargaining
11agreements entered into with the collective bargaining unit specified in s. 111.825
12(2g),
shall maintain close liaison with the legislature relative to the negotiation of
13agreements and the fiscal ramifications of those agreements. Except with respect
14to the collective bargaining units unit specified in s. 111.825 (1m), (2) (f), and (2g),
15the office is responsible for the employer functions of the executive branch under this
16subchapter, and shall coordinate its collective bargaining activities with operating
17state agencies on matters of agency concern. The legislative branch shall act upon
18those portions of tentative agreements negotiated by the office that require
19legislative action. With respect to the collective bargaining units specified in s.
20111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible
21for the employer functions under this subchapter.
With respect to the collective
22bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter
23school established by contract under s. 118.40 (2r) (cm) is responsible for the
24employer functions under this subchapter. With respect to the collective bargaining

1unit specified in s. 111.825 (2g), the department of health services is responsible for
2the employer functions of the executive branch under this subchapter.
AB11, s. 253 3Section 253. 111.815 (2) of the statutes is amended to read:
AB11,90,104 111.815 (2) In the furtherance of the policy under s. 111.80 (4), the The director
5of the office shall, together with the appointing authorities or their representatives,
6represent the state in its responsibility as an employer under this subchapter except
7with respect to negotiations in the collective bargaining units unit specified in s.
8111.825 (1m), (2) (f), and (2g). The director of the office shall establish and maintain,
9wherever practicable, consistent employment relations policies and practices
10throughout the state service.
AB11, s. 254 11Section 254. 111.82 of the statutes is amended to read:
AB11,90,18 12111.82 Rights of employees. Employees shall have the right of
13self-organization and the right to form, join, or assist labor organizations, to bargain
14collectively through representatives of their own choosing under this subchapter,
15and to engage in lawful, concerted activities for the purpose of collective bargaining
16or other mutual aid or protection. Employees shall also have the right to refrain from
17any or all of such activities. A general employee has the right to refrain from paying
18dues while remaining a member of a collective bargaining unit.
AB11, s. 255 19Section 255. 111.825 (1) (intro.) of the statutes is amended to read:
AB11,91,220 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful
21collective bargaining, units must be structured in such a way as to avoid excessive
22fragmentation whenever possible. In accordance with this policy, collective
23bargaining units for employees in the classified service of the state , except employees
24in the collective bargaining units specified in sub. (1m),
are structured on a statewide

1basis with one collective bargaining unit for each of the following occupational
2groups:
AB11, s. 256 3Section 256. 111.825 (1) (g) of the statutes is created to read:
AB11,91,44 111.825 (1) (g) Public safety employees.
AB11, s. 257 5Section 257. 111.825 (1m) of the statutes is repealed.
AB11, s. 258 6Section 258. 111.825 (2g) of the statutes is repealed.
AB11, s. 259 7Section 259. 111.825 (3) of the statutes is amended to read:
AB11,91,98 111.825 (3) The commission shall assign employees to the appropriate
9collective bargaining units set forth in subs. (1), (1m), and (2), and (2g).
AB11, s. 260 10Section 260. 111.825 (4) of the statutes is amended to read:
AB11,91,1811 111.825 (4) Any labor organization may petition for recognition as the exclusive
12representative of a collective bargaining unit specified in sub. (1) , (1m), or (2), or (2g)
13in accordance with the election procedures set forth in s. 111.83, provided the petition
14is accompanied by a 30% showing of interest in the form of signed authorization
15cards. Each additional labor organization seeking to appear on the ballot shall file
16petitions within 60 days of the date of filing of the original petition and prove,
17through signed authorization cards, that at least 10% of the employees in the
18collective bargaining unit want it to be their representative.
AB11, s. 261 19Section 261. 111.825 (4m) of the statutes is repealed.
AB11, s. 262 20Section 262. 111.825 (5) of the statutes is amended to read:
AB11,92,721 111.825 (5) Although supervisors are not considered employees for purposes
22of this subchapter, the commission may consider a petition for a statewide collective
23bargaining unit of professional supervisors or a statewide unit of nonprofessional
24supervisors in the classified service, but the representative of supervisors may not
25be affiliated with any labor organization representing employees. For purposes of

1this subsection, affiliation does not include membership in a national, state, county
2or municipal federation of national or international labor organizations. The
3certified representative of supervisors who are not public safety employees may not
4bargain collectively with respect to any matter other than wages and fringe benefits
5as provided in s. 111.91 (3), and the certified representative of supervisors who are
6public safety employees may not bargain collectively with respect to any matter other
7than wages and fringe benefits as provided in
s. 111.91 (1).
AB11, s. 263 8Section 263. 111.825 (6) of the statutes is renumbered 111.825 (6) (a).
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