AB576,1,4 1An Act to amend 13.20 (2), 111.825 (1) (intro.), 111.825 (2) (intro.), 111.84 (2) (c),
2111.91 (4), 111.93 (2), 230.10 (2) and 230.34 (1) (ar); and to create 111.81 (7) (f)
3and 111.81 (7) (g) of the statutes; relating to: extending the State Employment
4Labor Relations Act to certain legislative employees.
Analysis by the Legislative Reference Bureau
This bill extends the State Employment Labor Relations Act (SELRA) to cover
legislative policy research personnel, assistants to legislators, research staff
assigned to legislative committees and party caucuses, other individuals employed
by the assembly and senate, and unclassified employees of all legislative service
agencies, except supervisors, management employees, and individuals who are privy
to confidential matters affecting the employer-employee relationship. Under the
bill, all covered legislative employees are merged into current statewide collective
bargaining units for employees in the classified service in accordance with their
occupations.
Under SELRA in current law, employees in the bargaining units have the right
to vote in an election conducted by the Employment Relations Commission
(commission) as to whether there shall be collective bargaining and, if so, with which
representative. Mandatory subjects of collective bargaining are wages, fringe
benefits, hours, and conditions of employment. The unfair labor practices currently
applicable to represented employees are extended to apply to legislative employees
covered by the bill, to their labor unions, and to the state as their employer. No
compulsory means of dispute settlement are provided.

Under SELRA in current law, strikes are prohibited. Strikes constitute an
unfair labor practice and may be enjoined by a court. Currently, strikes by covered
legislative employees 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
an agency shop agreement, the state 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. Such an 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 state 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.
Currently, no employment relations act applies to legislative policy research
personnel, assistants to legislators, research staff assigned to legislative committees
and party caucuses, other individuals employed by the assembly and senate, and
unclassified employees of all legislative service agencies. Although these employees
may organize and join labor unions, the state is not required to recognize or bargain
collectively with them by statute. The commission has no responsibility to conduct
elections, mediate disputes, arbitrate grievances, or adjudicate alleged unfair labor
practices involving these employees 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:
AB576, s. 1 1Section 1. 13.20 (2) of the statutes is amended to read:
AB576,3,72 13.20 (2) Pay ranges; duration of employment. All Except where compensation
3is a subject of bargaining with a certified representative of a collective bargaining
4unit under s. 111.91,
legislative employees shall be paid in accordance with the
5compensation and classification plan for employees in the classified civil service
6within ranges approved by the joint committee on legislative organization. The

1secretary of employment relations shall make recommendations concerning a
2compensation and classification schedule for legislative employees if requested to do
3so by the joint committee on legislative organization or by the committee on
4organization of either house. If the joint committee does not approve pay ranges for
5legislative employees, the committee on organization of either house may approve
6pay ranges for its employees. Appointments shall be made for the legislative session,
7unless earlier terminated by the appointing officer.
AB576, s. 2 8Section 2. 111.81 (7) (fm) of the statutes is created to read:
AB576,3,139 111.81 (7) (fm) Legislative policy research personnel, assistants to legislators,
10research staff assigned to legislative committees and party caucuses, and other
11individuals employed under s. 13.20, except supervisors, management employees,
12and individuals who are privy to confidential matters affecting the
13employer-employee relationship.
AB576, s. 3 14Section 3. 111.81 (7) (g) of the statutes is created to read:
AB576,3,1715 111.81 (7) (g) Employees of legislative service agencies, as defined in s. 16.70
16(6), except supervisors, management employees, and individuals who are privy to
17confidential matters affecting the employer-employee relationship.
AB576, s. 4 18Section 4. 111.825 (1) (intro.) of the statutes is amended to read:
AB576,4,219 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful
20collective bargaining, units must be structured in such a way as to avoid excessive
21fragmentation whenever possible. In accordance with this policy, collective
22bargaining units for employees in the classified service of the state, except for
23employees in the collective bargaining units specified in s. 111.825 (1m), and for
24employees in the unclassified service of the state specified in s. 111.81 (7) (fm) and

1(g),
are structured on a statewide basis with one collective bargaining unit for each
2of the following occupational groups:
AB576, s. 5 3Section 5. 111.825 (2) (intro.) of the statutes is amended to read:
AB576,4,64 111.825 (2) (intro.) Collective Except as provided in sub. (1), collective
5bargaining units for employees in the unclassified service of the state shall be
6structured with one collective bargaining unit for each of the following groups:
AB576, s. 6 7Section 6. 111.84 (2) (c) of the statutes is amended to read:
AB576,4,158 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
9(1) with the duly authorized officer or agent of the employer which is the recognized
10or certified exclusive collective bargaining representative of employees specified in
11s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified
12exclusive collective bargaining representative of employees specified in s. 111.81 (7)
13(b) to (f) g in an appropriate collective bargaining unit. Such refusal to bargain shall
14include, but not be limited to, the refusal to execute a collective bargaining
15agreement previously orally agreed upon.
AB576, s. 7 16Section 7. 111.91 (4) of the statutes is amended to read:
AB576,4,2517 111.91 (4) The secretary of the department, in connection with the development
18of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a),
19shall endeavor to obtain tentative agreements with each recognized or certified labor
20organization representing employees or supervisors of employees specified in s.
21111.81 (7) (a) and with each certified labor organization representing employees
22specified in s. 111.81 (7) (b) to (e), (fm), and (g) which do not contain any provision for
23the payment to any employee of a cumulative or noncumulative amount of
24compensation in recognition of or based on the period of time an employee has been
25employed by the state.
AB576, s. 8
1Section 8. 111.93 (2) of the statutes is amended to read:
AB576,5,72 111.93 (2) All civil service and other applicable statutes concerning wages,
3fringe benefits, hours and conditions of employment apply to employees specified in
4s. 111.81 (7) (a) who are not included in collective bargaining units for which a
5representative is recognized or certified and to employees specified in s. 111.81 (7)
6(b) to (f) (g) who are not included in a collective bargaining unit for which a
7representative is certified.
AB576, s. 9 8Section 9. 230.10 (2) of the statutes is amended to read:
AB576,5,239 230.10 (2) The compensation plan in effect at the time that a representative
10is recognized or certified to represent employees in a collective bargaining unit and
11the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time
12that a representative is certified to represent employees in a collective bargaining
13unit under subch. V of ch. 111 constitute the compensation plan or employee salary
14and benefit provisions for employees in the collective bargaining unit until a
15collective bargaining agreement becomes effective for that unit. If a collective
16bargaining agreement under subch. V of ch. 111 expires prior to the effective date of
17a subsequent agreement, and a representative continues to be recognized or certified
18to represent employees specified in s. 111.81 (7) (a) or certified to represent
19employees specified in s. 111.81 (7) (b) to (f) (g) in that collective bargaining unit, the
20wage rates of the employees in such a unit shall be frozen until a subsequent
21agreement becomes effective, and the compensation plan under s. 230.12 and salary
22and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the
23unit.
AB576, s. 10 24Section 10. Initial applicability.
AB576,6,2
1(1) This act first applies to collective bargaining agreements negotiated for the
22003-05 fiscal biennium.
AB576,6,33 (End)
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