SB452: Bill Text

LRB-0233/1

CMH&RAC:kjf:rs

2005 - 2006 LEGISLATURE

2005 Senate BILL 452

November 29, 2005 - Introduced by Senators Schultz, Kapanke and Ellis, cosponsored by Representatives Freese, Lamb, Davis, Kaufert and Gronemus. Referred to Committee on Higher Education and Tourism.

SB452,1,10 An Act to amend 7.33 (4), 13.111 (2), 16.50 (3), 16.705 (3) (c), 19.82 (1), 19.85 (3), 19.86, 20.425 (1) (a), 20.545 (1) (a), 20.865 (1) (ci), 20.865 (1) (ic), 20.865 (1) (si), 20.917 (3) (b), 20.923 (6) (intro.), 20.928 (1), 36.09 (1) (j), 40.02 (25) (b) 8., 40.05 (1) (b), 40.05 (4) (ag) (intro.), 40.05 (4) (ar), 40.05 (4) (b), 40.05 (4) (bw), 40.05 (4g) (a) 4., 40.05 (5) (intro.), 40.05 (5) (b) 4., 40.05 (6) (a), 40.62 (2), 40.80 (3), 40.81 (3), 40.95 (1) (a) 2., 230.01 (3), 230.046 (10) (a), 230.12 (3) (e) 1., 230.35 (2d) (e), 230.35 (3) (e) 6. and 230.88 (2) (b); and to create 20.865 (1) (cm), 20.865 (1) (im), 20.865 (1) (sm) and subchapter VI of chapter 111 of the statutes; relating to: collective bargaining process for University of Wisconsin System faculty and academic staff and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, faculty and academic staff of the University of Wisconsin (UW) System do not have collective bargaining rights under the State Employment Labor Relations Act (SELRA). This bill provides faculty and academic staff of the UW System collective bargaining rights under state law in a manner similar to that provided other state employees under SELRA.

This bill provides all UW System academic staff and all faculty, including specifically faculty who are supervisors or managers, with the right to collectively bargain over wages, hours, and conditions of employment. Collective bargaining units are structured with separate units for faculty at each of the UW System campuses and for academic staff at each of the UW System campuses. The bill also provides that, if the employees approve by vote, any two or more units for faculty may be combined into a single unit and any two or more units for academic staff may be combined into a single unit. Representatives for each unit are chosen by election.

Unfair labor practices for UW System academic staff and faculty collective bargaining are generally the same as those under SELRA, except that the bill specifically provides that it is not an unfair labor practice for the Board of Regents of the UW System to implement changes in salaries or conditions of employment for members of the faculty or academic staff at one UW institution and not for such persons at other UW institutions if certain conditions are met. The bill specifically authorizes fair-share and maintenance of membership agreements for UW academic staff and faculty collective bargaining, as is the case under SELRA. The bill also prohibits strikes.

Under the bill, the subjects of collective bargaining are the same as under SELRA, except that collective bargaining is prohibited on the mission and goals of the Board of Regents of the UW System; the diminution of the right of tenure provided faculty; the rights granted faculty and academic staff under current law; and academic freedom. Finally, under the bill, collective bargaining agreements covering UW faculty and academic staff must be approved by the Joint Committee on Employment Relations and adopted by the legislature.

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:

SB452, s. 1 Section 1. 7.33 (4) of the statutes is amended to read:

SB452,3,3 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB452, s. 2 Section 2. 13.111 (2) of the statutes is amended to read:

SB452,3,7 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch. 230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, 20.923 and 40.05 (1) (b).

SB452, s. 3 Section 3. 16.50 (3) of the statutes is amended to read:

SB452,4,14 16.50 (3) Limitation on increase of force and salaries. No department, except the legislature or the courts, may increase the pay of any employee, expend money or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor. No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n) or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p). The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employees until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance in creating or abolishing positions under s. 13.10, the intent of the governor in creating or abolishing positions under s. 16.505 (1) (c) or (2) or the intent of the board of regents of the University of Wisconsin System in creating or abolishing positions under s. 16.505 (2m) or (2p). Until the release of funding occurs, recruitment or certification for the position may not be undertaken. The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c). No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V or VI of ch. 111. At the request of the director of the office of state employment relations, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the director determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

SB452, s. 4 Section 4. 16.705 (3) (c) of the statutes is amended to read:

SB452,4,17 16.705 (3) (c) Do not enter into any contract for contractual services in conflict with any collective bargaining agreement under subch. V or VI of ch. 111.

SB452, s. 5 Section 5. 19.82 (1) of the statutes is amended to read:

SB452,5,3 19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV or, V, or VI of ch. 111.

SB452, s. 6 Section 6. 19.85 (3) of the statutes is amended to read:

SB452,5,8 19.85 (3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under subch. I, IV or, V, or VI of ch. 111 which has been negotiated by such body or on its behalf.

SB452, s. 7 Section 7. 19.86 of the statutes is amended to read:

SB452,5,17 19.86 Notice of collective bargaining negotiations. Notwithstanding s. 19.82 (1), where notice has been given by either party to a collective bargaining agreement under subch. I, IV or, V, or VI of ch. 111 to reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given by the employer's chief officer or such person's designee. This section does not apply to a nonprofit corporation operating the Olympic Ice Training Center under s. 42.11 (3).

SB452, s. 8 Section 8. 20.425 (1) (a) of the statutes is amended to read:

SB452,5,20 20.425 (1) (a) General program operations. The amounts in the schedule for the purposes provided in subchs. I, IV and, V, and VI of ch. 111 and s. 230.45 (1).

SB452, s. 9 Section 9. 20.545 (1) (a) of the statutes is amended to read:

SB452,5,25 20.545 (1) (a) General program operations. The amounts in the schedule to administer the employment relations functions and the civil service system under subch. subchs. V and VI of ch. 111 and ch. 230, to pay awards under s. 230.48 and to defray the expenses of the state employees suggestion board.

SB452, s. 10 Section 10. 20.865 (1) (ci) of the statutes is amended to read:

SB452,6,8 20.865 (1) (ci) Nonrepresented university system senior executive, faculty and academic pay adjustments. A sum sufficient to pay the cost of pay and related adjustments approved by the joint committee on employment relations under s. 230.12 (3) (e) for University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included within a collective bargaining unit for which a representative is certified under subch. V or VI of ch. 111, as determined under s. 20.928, other than adjustments funded under par. (cj).

SB452, s. 11 Section 11. 20.865 (1) (cm) of the statutes is created to read:

SB452,6,16 20.865 (1) (cm) Represented university faculty and academic staff pay adjustments. A sum sufficient to supplement the appropriations to the board of regents of the University of Wisconsin System for the cost of compensation and related adjustments approved by the legislature under s. 111.9991 for University of Wisconsin System employees under s. 230.08 (2) (d) who are included within a collective bargaining unit for which a representative is certified under subch. VI of ch. 111, as determined under s. 20.928.

SB452, s. 12 Section 12. 20.865 (1) (ic) of the statutes is amended to read:

SB452,7,2 20.865 (1) (ic) Nonrepresented university system senior executive, faculty and academic pay adjustments. From the appropriate program revenue and program revenue-service accounts, a sum sufficient to supplement the appropriations to the University of Wisconsin System to pay the cost of pay and related adjustments approved by the joint committee on employment relations under s. 230.12 (3) (e) for University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included within a collective bargaining unit for which a representative is certified under subch. V or VI of ch. 111, as determined under s. 20.928, other than adjustments funded under par. (cj).

SB452, s. 13 Section 13. 20.865 (1) (im) of the statutes is created to read:

SB452,7,11 20.865 (1) (im) Represented university system faculty and academic staff pay adjustments; program revenue. From the appropriate program revenue and program revenue-service accounts, a sum sufficient to supplement the appropriations to the board of regents of the University of Wisconsin System for the cost of compensation and related adjustments approved by the joint committee on employment relations under s. 230.12 (3) (e) for University of Wisconsin System employees under s. 230.08 (2) (d) who are included within a collective bargaining unit for which a representative is certified under subch. VI of ch. 111, as determined under s. 20.928.

SB452, s. 14 Section 14. 20.865 (1) (si) of the statutes is amended to read:

SB452,7,20 20.865 (1) (si) Nonrepresented university system senior executive, faculty and academic pay adjustments. From the appropriate segregated funds, a sum sufficient to supplement the appropriations to the University of Wisconsin System to pay the cost of pay and related adjustments approved by the joint committee on employment relations under s. 230.12 (3) (e) for University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included within a collective bargaining unit for which a representative is certified under subch. V or VI of ch. 111, as determined under s. 20.928.

SB452, s. 15 Section 15. 20.865 (1) (sm) of the statutes is created to read:

SB452,8,4 20.865 (1) (sm) Represented university faculty and academic staff pay adjustments; segregated revenues. From the appropriate segregated funds, a sum sufficient to supplement the appropriations to the board of regents of the University of Wisconsin System for the cost of compensation and related adjustments approved by the joint committee on employment relations under s. 230.12 (3) (e) for University of Wisconsin System employees under s. 230.08 (2) (d) who are included within a collective bargaining unit for which a representative is certified under subch. VI of ch. 111, as determined under s. 20.928.

SB452, s. 16 Section 16. 20.917 (3) (b) of the statutes is amended to read:

SB452,8,9 20.917 (3) (b) This subsection applies to employees in all positions in the civil service, including those employees in positions included in collective bargaining units under subch. V or VI of ch. 111, whether or not the employees are covered by a collective bargaining agreement.

SB452, s. 17 Section 17. 20.923 (6) (intro.) of the statutes is amended to read:

SB452,8,15 20.923 (6) Salaries set by appointing authorities. (intro.) Salaries for the following positions may be set by the appointing authority, subject to restrictions otherwise set forth in the statutes and the compensation plan under s. 230.12, except where the salaries are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998:

SB452, s. 18 Section 18. 20.928 (1) of the statutes is amended to read:

SB452,8,23 20.928 (1) Each state agency head shall certify to the department of administration, at such time and in such manner as the secretary of administration prescribes, the sum of money needed by the state agency from the appropriations under s. 20.865 (1) (c), (ci), (cm), (cj), (d), (i), (ic), (im), (j), (s), (si), (sm), and (t). Upon receipt of the certifications together with such additional information as the secretary of administration prescribes, the secretary shall determine the amounts required from the respective appropriations to supplement state agency budgets.