LRB-2705/1
RAC:jld:pg
2001 - 2002 LEGISLATURE
April 18, 2001 - Introduced by Senators Grobschmidt, Burke, Schultz, Plache,
George
and Moen, cosponsored by Representatives Musser, Carpenter,
Pocan, La Fave, Richards, Boyle, Plouff, J. Lehman, Miller, Bock, Berceau

and Plale. Referred to Committee on Universities, Housing, and Government
Operations.
SB145,1,7 1An Act to renumber 111.81 (1); to renumber and amend 111.83 (4); to amend
236.09 (4), 36.09 (4m), 111.83 (3), 111.83 (5) (a) to (c), (h) and (i), 111.84 (2) (c),
3111.91 (2) (a), 111.91 (4), 111.93 (2) and (3), 230.10 (2) and 230.34 (1) (ar); to
4repeal and recreate
111.81 (10); and to create 111.81 (1g), 111.81 (7) (f),
5111.81 (8m), 111.815 (4), 111.825 (2) (em) to (j) and (2m), 111.83 (4) (b) and 111.91
6(2) (br) of the statutes; relating to: employment relations for members of the
7University of Wisconsin System faculty and academic staff.
Analysis by the Legislative Reference Bureau
This bill extends the state Employment Labor Relations Act to cover the
members of the faculty and academic staff of the University of Wisconsin (UW)
System. Excluded from coverage are management employees and confidential
employees.
Under the bill, UW faculty and academic staff members are expressly
guaranteed the right of self-organization. Collective bargaining is expressly
authorized and required with certified representative organizations in relation to
specified subjects of bargaining. Mandatory subjects of bargaining are salaries,
fringe benefits, and hours and conditions of employment. Bargaining is not required
on certain subjects reserved to the management and direction of the university,
except that procedures for the adjustment of grievances arising out of disciplinary

actions are a mandatory subject of bargaining. In addition, bargaining is not
permitted regarding the structure, mission, and goals of the UW System, and
matters affecting the statutory rights and responsibilities of students.
Bargaining units are structured so that the faculty and academic staff of the
UW-Madison bargain as two separate units; the faculty and academic staff of the
UW-Milwaukee bargain as two separate units; the faculty and academic staff of the
UW-Extension bargain as two separate units; and the faculty and academic staff of
each of the other UW campuses and the faculty and academic staff of the UW
Colleges bargain as two separate units, with one unit for all faculty members on all
of these campuses and one unit for all academic staff members on all of these
campuses. Employees may vote to merge units, and employees in a merged unit may
vote to redivide the unit. The faculty and academic staff of each campus or the UW
Colleges may decide individually whether to participate in bargaining. In the
multicampus collective bargaining units, once a campus elects to participate in
collective bargaining, it may not elect to withdraw from participation except in
conjunction with the other campuses that have elected to participate, and in
conjunction with the UW Colleges if the center system elects to participate. Once the
UW Colleges elects to participate in collective bargaining, it may not elect to
withdraw from participation except in conjunction with the campuses in the
multicampus unit that have elected to participate.
Employees in the bargaining units have the right to vote in an election
conducted by the employment relations commission as to whether there shall be
collective bargaining and, if so, with which representative. The votes for
representative are counted at a campus or at the UW Colleges only if the campus or
the center system elects to participate in collective bargaining. Responsibilities of
the state as an employer are handled under the bill by the department of employment
relations (DER). However, DER is directed to maintain close liaison with the board
of regents of the UW System with respect to collective bargaining activities involving
UW faculty and academic staff.
The unfair labor practices currently applicable to represented employees are
extended to apply to the members of the UW faculty and academic staff, to their labor
unions, and to the state as their employer. No compulsory means of dispute
settlement are provided. Strikes are prohibited. Strikes constitute an unfair labor
practice and may be enjoined by a court. Currently, strikes by faculty and academic
staff members are not authorized, but no law specifically treats the matter.
"Fair-share" (agency shop) and "maintenance of membership" agreements
similar to those currently provided for represented employees are authorized. Under
a fair-share agreement, the UW must deduct the amount of dues uniformly required
of all members of a union for the cost of the collective bargaining process and contract
administration from the paychecks of all employees in the bargaining unit
represented by that union, regardless of whether the employees are union members,
and pay the total amount deducted to the union. A fair-share agreement requires
the approval of two-thirds of the employees voting in a unit before it may take effect;
it may also be discontinued according to a similar procedure. Under a maintenance
of membership agreement, the UW must deduct the amount of dues uniformly

required of all members of a union for the cost of the collective bargaining process and
contract administration from the paychecks of all employees in the bargaining unit
who are members of the union, and all employees who are hired after the effective
date of the agreement, and pay the total amount deducted to the union. A
maintenance of membership agreement requires the approval of a majority of the
employees voting in a unit before it may become effective, and may also be
discontinued according to a similar procedure. If the faculty or academic staff at any
institution votes not to participate in collective bargaining, that group does not
participate in any fair-share or maintenance of membership agreement.
Currently, faculty and academic staff members are entitled to participate in the
immediate governance and policy development at the institutions where they serve.
The bill provides that, when a labor union is certified to represent faculty or academic
staff members at an institution, this participation in governance and policy
development does not extend to mandatory subjects of bargaining with the union or
subjects that are treated in a collective bargaining agreement with the union.
Currently, no employment relations act applies to members of the UW faculty
or academic staff. Although members of the faculty and academic staff may organize
and join labor unions, the state is not required to recognize or bargain collectively
with them by statute. The employment relations commission has no responsibility
to conduct elections, mediate disputes, arbitrate grievances, or adjudicate alleged
unfair labor practices involving members of the faculty or academic staff and their
employer.
For further information see the state 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:
SB145, s. 1 1Section 1. 36.09 (4) of the statutes is amended to read:
SB145,4,52 36.09 (4) Faculty. The faculty of each institution, subject to the responsibilities
3and powers of the board, the president and the chancellor of such institution, shall
4be vested with responsibility for the immediate governance of such institution and
5shall actively participate in institutional policy development. As such, the faculty
6shall have the primary responsibility for academic and educational activities and
7faculty personnel matters. The faculty of each institution shall have the right to
8determine their own faculty organizational structure and to select representatives
9to participate in institutional governance. This subsection does not apply to

1governance and policy development by the faculty at an institution at which a labor
2organization is certified under subch. V of ch. 111 to represent the faculty with
3respect to any subject that is a mandatory subject of bargaining with that labor
4organization, or with respect to any subject that is treated in a collective bargaining
5agreement with that organization covering the faculty at that institution.
SB145, s. 2 6Section 2. 36.09 (4m) of the statutes is amended to read:
SB145,4,227 36.09 (4m) Academic staff. The academic staff members of each institution,
8subject to the responsibilities and powers of the board, the president and the
9chancellor and faculty of the institution, shall be active participants in the
10immediate governance of and policy development for the institution. The academic
11staff members have the primary responsibility for the formulation and review, and
12shall be represented in the development, of all policies and procedures concerning
13academic staff members, including academic staff personnel matters. The academic
14staff members of each institution shall have the right to organize themselves in a
15manner they determine and to select their representatives to participate in
16institutional governance. This subsection does not apply to governance and policy
17development by academic staff members at an institution at which a labor
18organization is certified under subch. V of ch. 111 to represent the academic staff
19members with respect to any subject that is a mandatory subject of bargaining with
20that labor organization, or with respect to any subject that is treated in a collective
21bargaining agreement with that organization covering academic staff members at
22that institution.
SB145, s. 3 23Section 3. 111.81 (1) of the statutes is renumbered 111.81 (1m).
SB145, s. 4 24Section 4. 111.81 (1g) of the statutes is created to read:
SB145,5,3
1111.81 (1g) "Academic staff" has the meaning given in s. 36.05 (1), but excludes
2individuals who hold appointments under s. 36.13 or faculty appointments under s.
336.15 (2m).
SB145, s. 5 4Section 5. 111.81 (7) (f) of the statutes is created to read:
SB145,5,75 111.81 (7) (f) Faculty and academic staff of the University of Wisconsin System,
6excluding supervisors, management employees, and individuals who are privy to
7confidential matters affecting the employer-employee relationship.
SB145, s. 6 8Section 6. 111.81 (8m) of the statutes is created to read:
SB145,5,139 111.81 (8m) "Faculty" means individuals who hold the rank of professor,
10associate professor, assistant professor or instructor in an academic department or
11its functional equivalent or individuals who hold appointments under s. 36.13 (4) at
12any institution, but excludes individuals who hold appointments under s. 36.15 (1),
13(2), or (3) or academic staff appointments under s. 36.15 (2m).
SB145, s. 7 14Section 7. 111.81 (10) of the statutes is repealed and recreated to read:
SB145,5,1815 111.81 (10) "Institution" means any university of the University of Wisconsin
16System, the University of Wisconsin Colleges, the University of
17Wisconsin-Extension or an organizational equivalent designated by the board of
18regents of the University of Wisconsin System.
SB145, s. 8 19Section 8. 111.815 (4) of the statutes is created to read:
SB145,5,2320 111.815 (4) With regard to collective bargaining activities involving employees
21who are members of the faculty or academic staff, the secretary of the department
22shall maintain close liaison with the board of regents of the University of Wisconsin
23System.
SB145, s. 9 24Section 9. 111.825 (2) (em) to (j) and (2m) of the statutes are created to read:
SB145,5,2525 111.825 (2) (em) The faculty of the University of Wisconsin-Madison.
SB145,6,1
1(f) The faculty of the University of Wisconsin-Milwaukee.
SB145,6,22 (fr) The faculty of the University of Wisconsin-Extension.
SB145,6,53 (g) The faculty of the universities of Wisconsin Colleges, Green Bay, La Crosse,
4Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and
5Whitewater and the University of Wisconsin-Center System.
SB145,6,66 (h) The academic staff of the University of Wisconsin-Madison.
SB145,6,77 (i) The academic staff of the University of Wisconsin-Milwaukee.
SB145,6,88 (ir) The academic staff of the University of Wisconsin-Extension.
SB145,6,119 (j) The academic staff of the universities of Wisconsin-Eau Claire, Green Bay,
10La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout,
11Superior and Whitewater and the University of Wisconsin Colleges.
SB145,6,24 12(2m) (a) Notwithstanding sub. (2), 2 or more collective bargaining units
13specified in sub. (2) (em) to (j) may be combined into a single unit. If 2 or more
14collective bargaining units seek to combine into a single collective bargaining unit,
15the commission shall, upon the petition of at least 30% of the employees in each unit,
16hold an election to determine whether a majority of those employees voting in each
17unit desires to combine into a single unit. A combined collective bargaining unit shall
18be formed including all employees from each of those units in which a majority of the
19employees voting in the election approves a combined unit. The combined collective
20bargaining unit shall be formed immediately if there is no existing collective
21bargaining agreement in force in any of the units to be combined. If there is a
22collective bargaining agreement in force at the time of the election in any of the
23collective bargaining units to be combined, the combined unit shall be formed upon
24expiration of the last agreement for the units concerned.
SB145,7,19
1(b) If 2 or more collective bargaining units have combined under par. (a), the
2commission shall, upon petition of at least 30% of the employees in any of the original
3units, hold an election of the employees in the original unit to determine whether the
4employees in that unit desire to withdraw from the combined collective bargaining
5unit. If a majority of the employees voting desires to withdraw from the combined
6collective bargaining unit, separate units consisting of the unit in which the election
7was held and a unit composed of the remainder of the combined unit shall be formed.
8The new collective bargaining units shall be formed immediately if there is no
9collective bargaining agreement in force for the combined unit. If there is a collective
10bargaining agreement in force for the combined collective bargaining unit, the new
11units shall be formed upon the expiration of the agreement. An election to change
12or discontinue representation under s. 111.83 (6) may be held in the petitioning
13collective bargaining unit concurrently with an election under this paragraph. The
14ballots for the election under s. 111.83 (6) shall only be counted if a majority of the
15employees voting at the election votes to withdraw from the combined collective
16bargaining unit. While there is a collective bargaining agreement in force for the
17combined collective bargaining unit, a petition for an election under this paragraph
18may only be filed during October in the calendar year prior to the expiration of the
19agreement.
SB145, s. 10 20Section 10. 111.83 (3) of the statutes is amended to read:
SB145,9,221 111.83 (3) Whenever a question arises concerning the representation of
22employees in a collective bargaining unit the commission shall determine the
23representative thereof by taking a secret ballot of the employees and certifying in
24writing the results thereof to the interested parties and to the secretary of the
25department. There shall be included on any ballot for the election of representatives

1the names of all labor organizations having an interest in representing the
2employees participating in the election as indicated in petitions filed with the
3commission. The name of any existing representative shall be included on the ballot
4without the necessity of filing a petition. The commission may exclude from the
5ballot one who, at the time of the election, stands deprived of his or her rights under
6this subchapter by reason of a prior adjudication of his or her having engaged in an
7unfair labor practice. The ballot shall be so prepared as to permit a vote against
8representation by anyone named on the ballot. For elections in collective bargaining
9units composed of employees who are members of the faculty or academic staff,
10whenever more than one representative qualifies to appear on the ballot, the ballot
11shall be prepared to provide separate votes on 2 questions. The first question shall
12be: "Shall the employees of the .... (name of collective bargaining unit) participate
13in collective bargaining?" The 2nd question shall be: "If the employees of the ....
14(name of collective bargaining unit) elect to participate in collective bargaining,
15which labor organization do you favor to act as representative of the employees?".
16The 2nd question shall not include a choice for no representative. All employees in
17the collective bargaining unit may vote on both questions. Unless a majority of those
18employees voting in the election votes to participate in collective bargaining, no votes
19for a particular representative may be counted. If a majority of those employees
20voting in the election votes to participate in collective bargaining, the ballots for
21representatives shall be counted. In the collective bargaining units specified in s.
22111.825 (2) (g) and (j), only those ballots for representatives cast at those institutions
23at which a majority of the employees voting in the election votes to participate in
24collective bargaining shall be counted in determining the representative.
The

1commission's certification of the results of any election is conclusive as to the findings
2included therein unless reviewed under s. 111.07 (8).
SB145, s. 11 3Section 11. 111.83 (4) of the statutes is renumbered 111.83 (4) (a) and amended
4to read:
SB145,9,145 111.83 (4) (a) Whenever an election has been conducted under sub. (3) in a
6collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e)
in which the name
7of more than one proposed representative appears on the ballot and results in no
8conclusion, the commission may, if requested by any party to the proceeding within
930 days from the date of the certification of the results of the election, conduct a runoff
10election. In that runoff election, the commission shall drop from the ballot the name
11of the representative who received the least number of votes at the original election.
12The commission shall drop from the ballot the privilege of voting against any
13representative if the least number of votes cast at the first election was against
14representation by any named representative.
SB145, s. 12 15Section 12. 111.83 (4) (b) of the statutes is created to read:
SB145,9,2416 111.83 (4) (b) Whenever an election has been conducted under sub. (3) in a
17collective bargaining unit specified in s. 111.825 (2) (em) to (j) in which a majority of
18the employees voting indicates a desire to participate in collective bargaining but in
19which no named representative is favored by a majority of the employees voting, the
20commission may, if requested by any party to the proceeding within 30 days from the
21date of the certification of the results of the election, conduct a runoff election. In that
22runoff election, the commission shall drop from the ballot the name of the
23representative who received the least number of votes at the original election. In the
24collective bargaining unit specified in s. 111.825 (2) (g) or (j), only the employees at

1those institutions at which a majority of those employees voting in the election votes
2to participate in collective bargaining shall be permitted to vote in the runoff election.
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