LRB-3161/1
RAC:skg:ks
1995 - 1996 LEGISLATURE
Corrected Copy
June 1, 1995 - Introduced by Representatives Seratti, Grothman, F. Lasee, Nass,
Ainsworth
and Olsen, cosponsored by Senator Zien. Referred to Committee
on Labor and Employment.
AB423,1,4 1An Act to amend 111.70 (1) (a) and 120.12 (15); and to create 111.70 (4) (m) of
2the statutes; relating to: making any school calendaring proposal that
3primarily relates to wages, hours and conditions of employment a prohibited
4subject of collective bargaining for municipal employers.
Analysis by the Legislative Reference Bureau
Under current law, an employer for a school district is required to bargain
collectively in good faith with the majority representative of its employes in a
collective bargaining unit concerning the wages, hours and conditions of
employment of the employes. Among the subjects that are mandatory subjects of
collective bargaining is any school calendaring proposal that is primarily related to
wages, hours and conditions of employment. Beloit Ed. Assn. v. WERC, 37 Wis. 2d
43, 61-62 (1976).
This bill provides that an employer for a school district is prohibited from
bargaining collectively with respect to any school calendaring proposal which is
primarily related to wages, hours and conditions of employment.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB423, s. 1 5Section 1. 111.70 (1) (a) of the statutes is amended to read:
AB423,2,196 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
7obligation of a municipal employer, through its officers and agents, and the

1representatives of its employes, to meet and confer at reasonable times, in good faith,
2with the intention of reaching an agreement, or to resolve questions arising under
3such an agreement, with respect to wages, hours and conditions of employment, and
4with respect to a requirement of the municipal employer for a municipal employe to
5perform law enforcement and fire fighting services under s. 61.66, except as provided
6in sub. (4) (m) and s. 40.81 (3) and except that a municipal employer shall not meet
7and confer with respect to any proposal to diminish or abridge the rights guaranteed
8to municipal employes under ch. 164. The duty to bargain, however, does not compel
9either party to agree to a proposal or require the making of a concession. Collective
10bargaining includes the reduction of any agreement reached to a written and signed
11document. The employer shall not be required to bargain on subjects reserved to
12management and direction of the governmental unit except insofar as the manner
13of exercise of such functions affects the wages, hours and conditions of employment
14of the employes. In creating this subchapter the legislature recognizes that the
15public employer must exercise its powers and responsibilities to act for the
16government and good order of the municipality, its commercial benefit and the
17health, safety and welfare of the public to assure orderly operations and functions
18within its jurisdiction, subject to those rights secured to public employes by the
19constitutions of this state and of the United States and by this subchapter.
AB423, s. 2 20Section 2. 111.70 (4) (m) of the statutes is created to read:
AB423,2,2421 111.70 (4) (m) Prohibited subjects of collective bargaining. In a school district,
22the municipal employer is prohibited from bargaining collectively with respect to any
23school calendaring proposal which is primarily related to wages, hours and
24conditions of employment.
AB423, s. 3 25Section 3. 120.12 (15) of the statutes is amended to read:
AB423,3,7
1120.12 (15) School hours. Establish rules scheduling the hours of a normal
2school day. The school board may differentiate between the various elementary and
3high school grades in scheduling the school day. The equivalent of 180 such days, as
4defined in s. 115.01 (10), shall be held during the school term. This subsection shall
5not be construed to eliminate a school district's duty to bargain with the employe's
6collective bargaining representative over any calendaring proposal which is
7primarily related to wages, hours and conditions of employment.
AB423, s. 4 8Section 4. Initial applicability.
AB423,3,13 9(1)  S chool districts; prohibited subjects of bargaining. The treatment of
10section 111.70 (1) (a) and (4) (m) of the statutes first applies to employes who are
11affected by a collective bargaining agreement that contains provisions inconsistent
12with that treatment on the day on which the collective bargaining agreement expires
13or is extended, modified or renewed, whichever occurs first.
AB423,3,1414 (End)
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