SENATE AMENDMENT 35,
TO ASSEMBLY BILL 40
June 20, 2013 - Offered by Senators Erpenbach and Risser.
AB40-SA35,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB40-SA35,1,3 31. Page 490, line 17: after that line insert:
AB40-SA35,1,4 4" Section 758g. 40.95 (1) (a) 3. of the statutes is amended to read:
AB40-SA35,1,75 40.95 (1) (a) 3. The employee has his or her compensation established in a
6collective bargaining agreement under subch. I V of ch. 111 and the employee is
7employed by the University of Wisconsin Hospitals and Clinics Authority.".
AB40-SA35,1,8 82. Page 960, line 11: after that line insert:
AB40-SA35,1,9 9" Section 1724b. 111.81 (7) (g) of the statutes is created to read:
AB40-SA35,1,1110 111.81 (7) (g) Any employee of the University of Wisconsin Hospitals and
11Clinics Authority.
AB40-SA35,1724d 12Section 1724d. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Acts
1310
and 32, is amended to read:
AB40-SA35,2,7
1111.815 (1) (a) In the furtherance of this subchapter, the state shall be
2considered as a single employer and employment relations policies and practices
3throughout the state service shall be as consistent as practicable. The office shall
4negotiate and administer collective bargaining agreements. To coordinate the
5employer position in the negotiation of agreements, the office shall maintain close
6liaison with the legislature relative to the negotiation of agreements and the fiscal
7ramifications of those agreements.
AB40-SA35,2,12 8(b) 1. Except with respect to the collective bargaining unit specified in s.
9111.825 (1r), (1t),,
as provided in subds. 2., 3., 4., and 5., the office is responsible for
10the employer functions of the executive branch under this subchapter, and shall
11coordinate its collective bargaining activities with operating state agencies on
12matters of agency concern.
AB40-SA35,2,14 13(c) The legislative branch shall act upon those portions of tentative agreements
14negotiated by the office that require legislative action.
AB40-SA35,2,17 15(b) 2. With respect to the collective bargaining units specified in s. 111.825 (1r),
16the Board of Regents of the University of Wisconsin System is responsible for the
17employer functions under this subchapter.
AB40-SA35,2,20 18(b) 3. With respect to the collective bargaining units specified in s. 111.825 (1t),
19the chancellor of the University of Wisconsin-Madison is responsible for the
20employer functions under this subchapter.
AB40-SA35,2,23 21(b) 4. With respect to the collective bargaining unit specified in s. 111.825 (1r)
22(ef), the governing board of the charter school established by contract under s. 118.40
23(2r) (cm) is responsible for the employer functions under this subchapter.
AB40-SA35,1724f 24Section 1724f. 111.815 (1) (b) 5. of the statutes is created to read:
AB40-SA35,3,3
1111.815 (1) (b) 5. With respect to the collective bargaining units specified in s.
2111.825 (1g), the University of Wisconsin Hospitals and Clinics Authority is
3responsible for the employer functions under this subchapter.
AB40-SA35,1724h 4Section 1724h. 111.815 (2) of the statutes, as affected by 2011 Wisconsin Acts
510
and 32, is amended to read:
AB40-SA35,3,116 111.815 (2) The director of the office shall, together with the appointing
7authorities or their representatives, represent the state in its responsibility as an
8employer under this subchapter except with respect to negotiations in the collective
9bargaining unit specified in s. 111.825 (1g), (1r), and (1t),. The director of the office
10shall establish and maintain, wherever practicable, consistent employment
11relations policies and practices throughout the state service.
AB40-SA35,1724j 12Section 1724j. 111.825 (1) (intro.) of the statutes is amended to read:
AB40-SA35,3,1913 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful
14collective bargaining, units must be structured in such a way as to avoid excessive
15fragmentation whenever possible. In accordance with this policy, collective
16bargaining units for employees in the classified service of the state , except employees
17in the collective bargaining units specified in sub. (1g),
are structured on a statewide
18basis with one collective bargaining unit for each of the following occupational
19groups:
AB40-SA35,1724L 20Section 1724L. 111.825 (1g) of the statutes is created to read:
AB40-SA35,3,2321 111.825 (1g) Collective bargaining units for employees who are employed by
22the University of Wisconsin Hospitals and Clinics Authority are structured with one
23collective bargaining unit for each of the following occupational groups:
AB40-SA35,3,2424 (a) Clerical and related.
AB40-SA35,3,2525 (b) Blue collar and nonbuilding trades.
AB40-SA35,4,1
1(c) Building trades crafts.
AB40-SA35,4,22 (d) Security and public safety.
AB40-SA35,4,33 (e) Technical.
AB40-SA35,4,44 (f) Fiscal and staff services.
AB40-SA35,4,55 (g) Patient care.
AB40-SA35,4,66 (h) Science.
AB40-SA35,1724n 7Section 1724n. 111.825 (3) of the statutes, as affected by 2011 Wisconsin Acts
810
and 32, is amended to read:
AB40-SA35,4,109 111.825 (3) The commission shall assign employees to the appropriate
10collective bargaining units set forth in subs. (1), (1g), (1r), (1t), and (2).
AB40-SA35,1724p 11Section 1724p. 111.825 (4) of the statutes, as affected by 2011 Wisconsin Acts
1210
and 32, is amended to read:
AB40-SA35,4,2013 111.825 (4) Any labor organization may petition for recognition as the exclusive
14representative of a collective bargaining unit specified in sub. (1) , (1g), (1r), (1t), or
15(2) in accordance with the election procedures set forth in s. 111.83, provided the
16petition is accompanied by a 30% showing of interest in the form of signed
17authorization cards. Each additional labor organization seeking to appear on the
18ballot shall file petitions within 60 days of the date of filing of the original petition
19and prove, through signed authorization cards, that at least 10% of the employees
20in the collective bargaining unit want it to be their representative.
AB40-SA35,1724r 21Section 1724r. 111.825 (4m) of the statutes is created to read:
AB40-SA35,5,622 111.825 (4m) If a single representative is certified to represent more than one
23of the collective bargaining units specified in sub. (1g), that representative and the
24employer may jointly agree to combine the collective bargaining units, subject to the
25right of the employees in any of the collective bargaining units that were combined

1to petition for an election under s. 111.83 (6). Any agreement under this subsection
2is effective upon written notice of the agreement by the parties to the commission and
3terminates upon written notice of termination by the parties to the commission or
4upon decertification of the representative entering into the agreement as
5representative of one of the combined collective bargaining units, whichever occurs
6first.
AB40-SA35,1724t 7Section 1724t. 111.92 (1) (b) of the statutes is created to read:
AB40-SA35,5,118 111.92 (1) (b) Any tentative agreement reached between the University of
9Wisconsin Hospitals and Clinics Authority, acting for the state, and any labor
10organization representing a collective bargaining unit specified in s. 111.825 (1g)
11shall, after official ratification by the labor organization, be executed by the parties.".
AB40-SA35,5,12 123. Page 1104, line 23: after that line insert:
AB40-SA35,5,13 13" Section 2055ad. 233.10 (2) (intro.) of the statutes is amended to read:
AB40-SA35,5,1714 233.10 (2) (intro.) Subject to subs. (3), (3r) and (3t) and ch. 40 and the duty to
15engage in collective bargaining with employees in a collective bargaining unit for
16which a representative is certified under subch. V of ch. 111
, the authority shall
17establish any of the following:".
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