AB337: Bill Text

AB337,11,24 (i) Changes in any of the circumstances specified in pars. (a) to (h) during the pendency of the arbitration proceedings.

AB337,12,4 (j) Such other factors as are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration, or otherwise between the parties, in the public service or in private employment.

AB337,12,6 (8) Rule making. The commission shall adopt rules for the conduct of all arbitration proceedings under sub. (6), including rules for all of the following:

AB337,12,8 (a) The appointment of tripartite arbitration panels when requested by the parties.

AB337,12,10 (b) The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.

AB337,12,12 (c) The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.

AB337,12,13 (d) Proceedings for the enforcement of arbitration decisions.

AB337,12,15 (9) Application. Chapter 788 does not apply to arbitration proceedings under sub. (6).

AB337, s. 14 Section 14. 111.89 (1) of the statutes is amended to read:

AB337,12,23 111.89 (1) Upon establishing that a strike not authorized under s. 111.885 is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the department to decide whether to seek an injunction or to file an unfair labor practice charge or to impose or seek the imposition of penalties under sub. (2) or (4). The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

AB337, s. 15 Section 15. 111.89 (2) (intro.) of the statutes is amended to read:

AB337,13,3 111.89 (2) (intro.) The occurrence of a prohibited strike and the participation therein by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including:

AB337, s. 16 Section 16. 111.89 (3) and (4) of the statutes are created to read:

AB337,13,15 111.89 (3) At any time after a labor organization gives advance notice of a strike under s. 111.885 (6) that is expressly authorized under s. 111.885 (6), any citizen directly affected by the strike may petition the circuit court to enjoin the strike. If the court finds that the strike poses an imminent threat to the public health or safety, the court shall, within 48 hours after receipt of the petition but after notice to the parties and after holding a hearing, issue an order immediately enjoining the strike, and in addition shall order the parties to submit a new final offer on all disputed issues to the commission for final and binding arbitration as provided in s. 111.885. The commission, upon receipt of the final offers of the parties, shall transmit them to the arbitrator or a successor designated by the commission. The arbitrator shall omit preliminary steps and shall commence immediately to arbitrate the dispute.

AB337,13,22 (4) (a) 1. Notwithstanding s. 111.85, any labor organization that engages in a prohibited strike shall be penalized by the suspension of any dues checkoff agreement and maintenance of membership or fair-share agreement between the employer and that labor organization for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the employes covered by the agreement or the agreement is no longer in effect.

AB337,13,25 2. Any labor organization that engages in a strike after an injunction is issued against the strike shall be required to forfeit $2 per member per day, but not more than $10,000 per day. Each day of continued violation constitutes a separate offense.

AB337,14,7 (b) Any individual who engages in a strike after an injunction is issued against the strike shall be fined $10. Each day of continued violation constitutes a separate offense. After an injunction is issued, any employe who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the employer. The court shall order that any fine imposed under this paragraph be paid by means of a salary deduction at a rate to be determined by the court.

AB337,14,11 (c) Any person who authorizes or otherwise participates in a strike after the issuance of any final and binding arbitration award under s. 111.885 and prior to the end of the term of the agreement that the award amends or creates shall forfeit not less than $15. Each day of continued violation constitutes a separate offense.

AB337,14,13 (d) The penalties provided in this subsection do not preclude the imposition by the court of any penalty for contempt provided by law.

AB337,14,15 (e) No employe may be paid wages or any salary by the employer for the period during which he or she engages in any strike prohibited by this subchapter.

AB337,14,20 (f) Any party refusing to include an arbitration award under s. 111.885 in a written collective bargaining agreement or failing to implement the award, unless good cause is shown, is liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award.

AB337, s. 17 Section 17. 111.92 (1) (a) of the statutes is amended to read:

AB337,15,20 111.92 (1) (a) Any Except where a collective bargaining agreement is placed into effect by an arbitrator's decision under s. 111.885, any tentative agreement reached between the department, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) shall, after official ratification by the labor organization, be submitted by the department to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation. The matter may then be submitted to arbitration.

AB337, s. 18 Section 18. 111.92 (4) of the statutes is amended to read:

AB337,15,24 111.92 (4) It is the declared intention under this subchapter that the negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.

AB337, s. 19 Section 19. 111.94 (2) of the statutes is amended to read:

AB337,16,25 111.94 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.84. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.86. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.88 111.885 (4). The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.87 111.885 (3). For the performance of commission actions under s. 111.86, 111.87 and 111.88 111.885 (3) and (4), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.84, the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB337, s. 20 Section 20. 904.085 (2) (a) of the statutes is amended to read:

AB337,17,7 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87 111.885 (3), mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

AB337, s. 21 Section 21. Initial applicability.

AB337,17,11 (1) This act first applies with respect to negotiations for collective bargaining agreements to be entered into for the biennial fiscal period commencing on July 1, 2003.

AB337,17,12 (End)