(cm) (title) Methods for peaceful settlement of disputes; other
16personnel general municipal employees.
1. `Notice of commencement of contract 17
negotiations.' For the purpose of advising the commission of the commencement of 18
contract negotiations involving a collective bargaining unit containing general
, whenever either party requests the other to reopen 20
negotiations under a binding collective bargaining agreement, or the parties 21
otherwise commence negotiations if no such agreement exists, the party requesting 22
negotiations shall immediately notify the commission in writing. Upon failure of the 23
requesting party to provide such notice, the other party may so notify the 24
commission. The notice shall specify the expiration date of the existing collective
bargaining agreement, if any, and shall set forth any additional information the 2
commission may require on a form provided by the commission.
2. `Presentation of initial proposals; open meetings.' The meetings between 4
parties to a collective bargaining agreement or proposed collective bargaining 5
agreement under this subchapter which that involve a collective bargaining unit
6containing a general municipal employee and that
are held for the purpose of 7
presenting initial bargaining proposals, along with supporting rationale, shall be 8
open to the public. Each party shall submit its initial bargaining proposals to the 9
other party in writing. Failure to comply with this subdivision is not cause to 10
invalidate a collective bargaining agreement under this subchapter.
3. `Mediation.' The commission or its designee shall function as mediator in 12
labor disputes involving general
municipal employees upon request of one or both of 13
the parties, or upon initiation of the commission. The function of the mediator shall 14
be to encourage voluntary settlement by the parties. No mediator has the power of 15
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or 17
application of the terms of a written collective bargaining agreement
18collective bargaining unit containing a general municipal employee
may agree in 19
writing to have the commission or any other appropriate agency serve as arbitrator 20
or may designate any other competent, impartial and disinterested person to so 21
AB11, s. 215
111.70 (4) (cm) 5., 6., 7., 7g., 7r. and 8. of the statutes are repealed.
AB11, s. 216
111.70 (4) (cm) 8m. of the statutes is amended to read:
(cm) 8m. `Term of agreement; reopening of negotiations.' Except for 25
the initial collective bargaining agreement between the parties and except as the
parties otherwise agree, every collective bargaining agreement covering general 2
municipal 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
. 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 12
agreement by both parties does not apply to a provision for reopening of negotiations 13
with respect to any portion of an agreement that is declared invalid by a court or 14
administrative agency or rendered invalid by the enactment of a law or promulgation 15
of a federal regulation.
AB11, s. 217
111.70 (4) (cm) 9. of the statutes is repealed.
AB11, s. 218
111.70 (4) (d) 2. a. of the statutes is amended to read:
(d) 2. a. The commission shall determine the appropriate collective 19
bargaining unit for the purpose of collective bargaining and shall whenever possible,
20unless otherwise required under this subchapter,
avoid fragmentation by 21
maintaining as few collective bargaining units as practicable in keeping with the size 22
of the total municipal workforce. In making such a determination, the The 23
commission may decide whether, in a particular case, the municipal employees in the 24
same or several departments, divisions, institutions, crafts, professions, or other 25
occupational groupings constitute a collective bargaining unit. Before making its
determination, the commission may provide an opportunity for the municipal 2
employees concerned to determine, by secret ballot, whether they desire to be 3
established as a separate collective bargaining unit. The commission
decide, however, that any group of municipal employees constitutes an appropriate 5
collective bargaining unit if the group includes both professional employees and 6
nonprofessional employees, unless a majority of the professional employees vote for 7
inclusion 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 14
appropriate collective bargaining unit if the group includes both craft employees and 15
noncraft employees unless a majority of the craft employees vote for inclusion in the 16
unit. The commission shall place the professional employees who are assigned to 17
perform any services at a charter school, as defined in s. 115.001 (1), in a separate 18
collective bargaining unit from a unit that includes any other professional employees 19
whenever at least 30% of those professional employees request an election to be held 20
to determine that issue and a majority of the professional employees at the charter 21
school who cast votes in the election decide to be represented in a separate collective 22
bargaining unit. Upon the expiration of any collective bargaining agreement in 23
force, the commission shall combine into a single collective bargaining unit 2 or more 24
collective bargaining units consisting of school district employees if a majority of the
employees voting in each collective bargaining unit vote to combine. Any vote taken
2under this subsection shall be by secret ballot.
AB11, s. 219
111.70 (4) (d) 3. of the statutes is amended to read:
(d) 3. a.
Whenever, in a particular case, a question arises concerning 5
representation or appropriate unit, calling for a vote, the commission shall certify the 6
results in writing to the municipal employer and the labor organization involved and 7
to any other interested parties.
Any ballot used in a representation proceeding
under this subdivision
include the names of all persons having an interest in representing or the results. 10
The ballot should be so designed as to permit a vote against representation by any 11
candidate named on the ballot. The findings of the commission, on which a 12
certification is based, shall be conclusive unless reviewed as provided by s. 111.07 (8).
AB11, s. 220
111.70 (4) (d) 3. b. of the statutes is created to read:
(d) 3. b. Annually, the commission shall conduct an election to certify 15
the representative of the collective bargaining unit that contains a general municipal 16
employee. The election shall occur no later than December 1 for a collective 17
bargaining unit containing school district employees and no later than May 1 for a 18
collective bargaining unit containing general municipal employees who are not 19
school district employees. The commission shall certify any representative that 20
receives at least 51 percent of the votes of all of the general municipal employees in 21
the collective bargaining unit. If no representative receives at least 51 percent of the 22
votes of all of the general municipal employees in the collective bargaining unit, at 23
the expiration of the collective bargaining agreement, the commission shall decertify 24
the current representative and the general municipal employees shall be 25
nonrepresented. Notwithstanding sub. (2), if a representative is decertified under
this subd. 3. b., the affected general municipal employees may not be included in a 2
substantially similar collective bargaining unit for 12 months from the date of 3
decertification. The commission shall assess and collect a certification fee for each 4
election conducted under this subd. 3. b. Fees collected under this subd. 3. b. shall 5
be credited to the appropriation account under s. 20.425 (1) (i).
AB11, s. 221
111.70 (4) (L) of the statutes is amended to read:
(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 9
to strike by any municipal employee or labor organization, and such strikes are 10
hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an
11injunction has been issued against such strike under sub. (7m).
AB11, s. 222
111.70 (4) (m) of the statutes is repealed.
AB11, s. 223
111.70 (4) (mb) of the statutes is created to read:
(mb) Prohibited subjects of bargaining; general municipal employees. 15
The municipal employer is prohibited from bargaining collectively with a collective 16
bargaining unit containing a general municipal employee with respect to any of the 17
1. Any factor or condition of employment except wages, which includes only 19
total base wages and excludes any other compensation, which includes, but is not 20
limited to, overtime, premium pay, merit pay, performance pay, supplemental 21
compensation, pay schedules, and automatic pay progressions.
2. Except as provided in s. 66.0506 or 118.245, whichever is applicable, any 23
proposal that does any of the following:
a. If there is an increase in the consumer price index change, provides for total 25
base wages for authorized positions in the proposed collective bargaining agreement
that exceeds the total base wages for authorized positions 180 days before the 2
expiration of the previous collective bargaining agreement by a greater percentage 3
than the consumer price index change.
b. If there is a decrease in the consumer price index change, provides for total 5
base wages for authorized positions in the proposed collective bargaining agreement 6
that exceeds the total base wages for authorized positions 180 days before the 7
expiration of the previous collective bargaining agreement decreased by a 8
percentage of that expenditure that is equal to the decrease in the consumer price 9
AB11, s. 224
111.70 (4) (mc) (intro.) of the statutes is amended to read:
(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
AB11, s. 225
111.70 (4) (mc) 4. of the statutes is repealed.
AB11, s. 226
111.70 (4) (n) and (o) of the statutes are repealed.
AB11, s. 227
111.70 (6) of the statutes is repealed.
AB11, s. 228
111.70 (7) of the statutes is repealed.
AB11, s. 229
111.70 (7m) (b) of the statutes is repealed.
AB11, s. 230
111.70 (7m) (c) 1. a. of the statutes is amended to read:
(c) 1. a. Any labor organization that represents public safety
which violates sub. (4) (L) shall be penalized by the suspension of may not
any dues check-off under a collective bargaining
agreement and or under a 24
fair-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.
At the end of the period of suspension, any such agreement shall be reinstated unless 2
the labor organization is no longer authorized to represent the municipal public
employees covered by such dues check-off
the collective bargaining
or fair-share agreement or the agreement is no longer in effect.
AB11, s. 231
111.70 (7m) (c) 3. of the statutes is repealed.
AB11, s. 232
111.70 (7m) (e) and (f) of the statutes are repealed.
AB11, s. 233
111.70 (8) (a) of the statutes is amended to read:
(a) This section, except subs. (1) (nm), sub.
(4) (cm) and (7m)
, applies 9
to 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 11
employed by a county having a population of 500,000 or more. For purposes of such 12
application, the term terms
"municipal employee" includes and "public safety
such a supervisor.
AB11, s. 234
111.71 (2) of the statutes is amended to read:
The commission shall assess and collect a filing fee for filing a 16
complaint alleging that a prohibited practice has been committed under s. 111.70 (3). 17
The commission shall assess and collect a filing fee for filing a request that the 18
commission act as an arbitrator to resolve a dispute involving the interpretation or 19
application of a collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4. 20
The commission shall assess and collect a filing fee for filing a request that the 21
commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall 22
assess and collect a filing fee for filing a request that the commission act as a 23
mediator under s. 111.70 (4) (c) 1. or (cm) 3. The commission shall assess and collect 24
a filing fee for filing a request that the commission initiate compulsory, final and 25
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., and 2
4. and 6.,
and (jm) and 111.77 (3), the commission shall require that the parties to the 3
dispute equally share in the payment of the fee and, for the performance of 4
commission actions involving a complaint alleging that a prohibited practice has 5
been committed under s. 111.70 (3), the commission shall require that the party filing 6
the complaint pay the entire fee. If any party has paid a filing fee requesting the 7
commission to act as a mediator for a labor dispute and the parties do not enter into 8
a voluntary settlement of the dispute, the commission may not subsequently assess 9
or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor 10
dispute. If any request for the performance of commission actions concerns issues 11
arising as a result of more than one unrelated event or occurrence, each such 12
separate event or occurrence shall be treated as a separate request. The commission 13
shall promulgate rules establishing a schedule of filing fees to be paid under this 14
subsection. Fees required to be paid under this subsection shall be paid at the time 15
of filing the complaint or the request for fact-finding, mediation or arbitration. A 16
complaint or request for fact-finding, mediation or arbitration is not filed until the 17
date such fee or fees are paid, except that the failure of the respondent party to pay 18
the filing fee for having the commission initiate compulsory, final and binding 19
arbitration under s. 111.70 (4) (cm) 6. or
(jm) or 111.77 (3) shall may
not prohibit the 20
commission from initiating such arbitration. The commission may initiate collection 21
proceedings against the respondent party for the payment of the filing fee. Fees 22
collected under this subsection shall be credited to the appropriation account under 23
s. 20.425 (1) (i).
AB11, s. 235
111.71 (4) of the statutes is repealed.
AB11, s. 236
111.71 (5) of the statutes is repealed.
AB11, s. 237
111.77 (intro.) of the statutes is amended to read:
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 6
collectively in good faith including the duty to refrain from strikes or lockouts and 7
to comply with the procedures set forth below following
AB11, s. 238
111.77 (8) (a) of the statutes is amended to read:
(a) This section applies to law enforcement public safety employees
supervisors employed by a county having a population of 500,000 or more. 11
For purposes of such application, the term "municipal employee" includes such a 12
AB11, s. 239
111.80 of the statutes is repealed.
AB11, s. 240
111.81 (1) of the statutes is amended to read:
"Collective bargaining" means the performance of the mutual 16
obligation of the state as an employer, by its officers and agents, and the 17
representatives of its employees, to meet and confer at reasonable times, in good 18
faith, 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 21
to resolve questions arising under such an agreement. The duty to bargain, however, 22
does not compel either party to agree to a proposal or require the making of a 23
concession. Collective bargaining includes the reduction of any agreement reached 24
to a written and signed document.
AB11, s. 241
111.81 (3h) of the statutes is repealed.
AB11, s. 242
111.81 (3n) of the statutes is created to read:
"Consumer price index change" means the average annual 3
percentage change in the consumer price index for all urban consumers, U.S. city 4
average, as determined by the federal department of labor, for the 12 months 5
immediately preceding the current date.
AB11, s. 243
111.81 (7) (g) of the statutes is repealed.
AB11, s. 244
111.81 (7) (gm), (h) and (i) of the statutes are created to read:
(gm) Research assistants of the University of Wisconsin-Madison 9
and University of Wisconsin-Extension.
(h) Research assistants of the University of Wisconsin-Milwaukee.
(i) Research assistants of the Universities of Wisconsin-Eau Claire, Green Bay, 12
La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, 13
Superior, and Whitewater.
AB11, s. 245
111.81 (9) of the statutes is amended to read:
"Fair-share agreement" means an agreement between the employer 16
and a labor organization representing public safety
employees or supervisors
17specified in s. 111.825 (5)
under which all of the public safety
in a collective bargaining unit are required to pay their proportionate 19
share of the cost of the collective bargaining process and contract administration 20
measured by the amount of dues uniformly required of all members.
AB11, s. 246
111.81 (9g) of the statutes is created to read:
"General employee" means an employee who is not a public safety 23
AB11, s. 247
111.81 (9k) of the statutes is repealed.
AB11, s. 248
111.81 (12) (intro.) of the statutes is amended to read:
(intro.) "Labor organization" means any employee organization 2
whose purpose is to represent employees in collective bargaining with the employer, 3
or 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 5
the term shall not include any organization:
AB11, s. 249
111.81 (12m) of the statutes is amended to read:
"Maintenance of membership agreement" means an agreement 8
between 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 10
employees or supervisors
whose dues are being deducted from earnings under s. 11
20.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to 12
have dues deducted for the duration of the agreement,
and that dues shall be 13
deducted from the earnings of all public safety
employees or supervisors
who are 14
hired on or after the effective date of the agreement.
AB11, s. 250
111.81 (15r) of the statutes is created to read:
"Public safety employee" means any individual under s. 40.02 (48) 17
(am) 7. or 8.
AB11, s. 251
111.81 (16) of the statutes is amended to read:
"Referendum" means a proceeding conducted by the commission in 20
which public safety
employees, or supervisors specified in s. 111.825 (5),
in a 21
collective bargaining unit may cast a secret ballot on the question of directing the 22
labor organization and the employer to enter into a fair-share or maintenance of 23
membership agreement or to terminate such an agreement.
AB11, s. 252
111.815 (1) of the statutes is amended to read:
In the furtherance of this subchapter, the state shall be considered 2
as a single employer and employment relations policies and practices throughout the 3
state service shall be as consistent as practicable. The office shall negotiate and 4
administer 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, 10
the 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
shall maintain close liaison with the legislature relative to the negotiation of 13
agreements and the fiscal ramifications of those agreements. Except with respect 14
to the collective bargaining units unit
specified in s. 111.825 (1m),
(2) (f), and (2g)
the office is responsible for the employer functions of the executive branch under this 16
subchapter, and shall coordinate its collective bargaining activities with operating 17
state agencies on matters of agency concern. The legislative branch shall act upon 18
those portions of tentative agreements negotiated by the office that require 19
legislative 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 22
bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter 23
school established by contract under s. 118.40 (2r) (cm) is responsible for the 24
employer 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
111.815 (2) of the statutes is amended to read:
111.815 (2) In the furtherance of the policy under s. 111.80 (4), the The
of the office shall, together with the appointing authorities or their representatives, 6
represent the state in its responsibility as an employer under this subchapter except 7
with respect to negotiations in the collective bargaining units unit
specified in s. 8
(2) (f), and (2g)
. The director of the office shall establish and maintain, 9
wherever practicable, consistent employment relations policies and practices 10
throughout the state service.
AB11, s. 254
111.82 of the statutes is amended to read:
12111.82 Rights of employees.
have the right of 13
self-organization and the right to form, join,
or assist labor organizations, to bargain 14
collectively through representatives of their own choosing under this subchapter, 15
and to engage in lawful, concerted activities for the purpose of collective bargaining 16
or other mutual aid or protection. Employees shall
also have the right to refrain from 17
any 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
111.825 (1) (intro.) of the statutes is amended to read:
(intro.) It is the legislative intent that in order to foster meaningful 21
collective bargaining, units must be structured in such a way as to avoid excessive 22
fragmentation whenever possible. In accordance with this policy, collective 23
bargaining 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
basis with one collective bargaining unit for each of the following occupational 2
AB11, s. 256
111.825 (1) (g) of the statutes is created to read:
(g) Public safety employees.
AB11, s. 257
111.825 (1m) of the statutes is repealed.
AB11, s. 258
111.825 (2g) of the statutes is repealed.
AB11, s. 259
111.825 (3) of the statutes is amended to read:
The commission shall assign employees to the appropriate 9
collective bargaining units set forth in subs. (1), (1m), and
(2), and (2g)
AB11, s. 260
111.825 (4) of the statutes is amended to read:
Any labor organization may petition for recognition as the exclusive 12
representative of a collective bargaining unit specified in sub. (1)
, (1m), or
(2), or (2g) 13
in accordance with the election procedures set forth in s. 111.83, provided the petition 14
is accompanied by a 30% showing of interest in the form of signed authorization 15
cards. Each additional labor organization seeking to appear on the ballot shall file 16
petitions within 60 days of the date of filing of the original petition and prove, 17
through signed authorization cards, that at least 10% of the employees in the 18
collective bargaining unit want it to be their representative.
AB11, s. 261
111.825 (4m) of the statutes is repealed.
AB11, s. 262
111.825 (5) of the statutes is amended to read:
Although supervisors are not considered employees for purposes 22
of this subchapter, the commission may consider a petition for a statewide collective 23
bargaining unit of professional supervisors or a statewide unit of nonprofessional 24
supervisors in the classified service, but the representative of supervisors may not 25
be affiliated with any labor organization representing employees. For purposes of
this subsection, affiliation does not include membership in a national, state, county 2
or municipal federation of national or international labor organizations. The 3
certified representative of supervisors who are not public safety employees
may not 4
bargain collectively with respect to any matter other than wages and fringe benefits 5
as 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
111.825 (6) of the statutes is renumbered 111.825 (6) (a).