1995 Wisconsin Act 27

27,3823d Section 3823d. 111.825 (4) of the statutes is amended to read:

111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1), (1m) or (2) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employes in the collective bargaining unit want it to be their representative. An original petition to serve as the initial representative of the collective bargaining unit specified in sub. (2) (d) may only be filed during the period commencing on July 2, 1990, and ending on December 31, 1990.

27,3823e Section 3823e. 111.825 (4m) of the statutes is created to read:

111.825 (4m) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (1m), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employes in any of the collective bargaining units that were combined to petition for an election under s. 111.83 (6) and (7). Any agreement under this subsection is effective upon written notice of the agreement by the parties to the commission and terminates upon written notice of termination by the parties to the commission or upon decertification of the representative entering into the agreement as representative of one of the combined collective bargaining units, whichever occurs first.

27,3824m Section 3824m. 111.83 (7) of the statutes is created to read:

111.83 (7) Notwithstanding subs. (1), (3) and (6) and s. 111.825 (4), if on July 1, 1997, there is a representative recognized or certified to represent the employes in any of the collective bargaining units specified in s. 111.825 (1) (a) to (e), that representative shall become the representative of the employes in the corresponding collective bargaining units specified in s. 111.825 (1m) (a) to (e), without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section during October 1998 or at any subsequent time when sub. (6) applies.

27,3825 Section 3825 . 111.84 (1) (a) of the statutes is amended to read:

111.84 (1) (a) To interfere with, restrain or coerce state employes in the exercise of their rights guaranteed in s. 111.82.

27,3826 Section 3826 . 111.84 (1) (b) of the statutes is amended to read:

111.84 (1) (b) Except as otherwise provided in this paragraph, to initiate, create, dominate or interfere with the formation or administration of any labor or employe organization or contribute financial support to it. Except as provided in ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin retirement system under ch. 40 and no action by the employer that is authorized by such a law constitutes a violation of this paragraph unless an applicable collective bargaining agreement specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively regarding the Wisconsin retirement system under ch. 40 to the extent required by s. 111.91. It is not an unfair labor practice for the employer to reimburse state employes at their an employe at his or her prevailing wage rate for the time spent during the employe's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter. Professional supervisory or craft personnel may maintain membership in professional or craft organizations; however, as members of such organizations they shall be prohibited from those activities related to collective bargaining in which the organizations may engage.

27,3827 Section 3827 . 111.84 (1) (e) of the statutes is amended to read:

111.84 (1) (e) To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting state employes, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such award as final and binding upon them.

27,3828 Section 3828 . 111.85 (4) of the statutes is amended to read:

111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the a state department or agency involved or the University of Wisconsin Hospitals and Clinics Authority whose employes are entitled to vote in a referendum to conduct the referenda a referendum provided for herein.

27,3829 Section 3829 . 111.85 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employes are entitled to vote in a referendum to conduct a referendum provided for herein.

27,3829m Section 3829m. 111.85 (5) of the statutes is created to read:

111.85 (5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (a) to (e), that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.825 (1m) (a) to (e) without the necessity of filing a petition or conducting a referendum, subject to the right of the employes in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a).

27,3830 Section 3830 . 111.86 of the statutes is renumbered 111.86 (1) and amended to read:

111.86 (1) Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency or the University of Wisconsin Hospitals and Clinics Authority serve as arbitrator or may designate any other competent, impartial and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788.

27,3831 Section 3831 . 111.86 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.86 (1) Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency serve as arbitrator or may designate any other competent, impartial and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788.

27,3832 Section 3832 . 111.86 (2) of the statutes is created to read:

111.86 (2) The department shall charge a state department or agency the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employes of the state department or agency. Each state department or agency so charged shall pay the amount that the department charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.512 (1) (km).

27,3835 Section 3835 . 111.89 (2) (intro.) of the statutes is amended to read:

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

27,3836 Section 3836 . 111.90 (1) of the statutes is amended to read:

111.90 (1) Carry out the statutory mandate and goals assigned to the a state agency utilizing personnel, or the University of Wisconsin Hospitals and Clinics Authority by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

27,3837 Section 3837 . 111.90 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.90 (1) Carry out the statutory mandate and goals assigned to a state agency by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

27,3838 Section 3838 . 111.90 (2) of the statutes is amended to read:

111.90 (2) Manage the employes of the a state agency or the University of Wisconsin Hospitals and Clinics Authority; hire, promote, transfer, assign or retain employes in positions within the agency or authority; and in that regard establish reasonable work rules.

27,3839 Section 3839 . 111.90 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.90 (2) Subject to s. 111.91 (1) (am), manage the employes of a state agency; hire, promote, transfer, assign or retain employes in positions within the agency; and in that regard establish reasonable work rules.

27,3839m Section 3839m. 111.91 (1) (am) of the statutes is created to read:

111.91 (1) (am) In collective bargaining units specified in s. 111.825 (1m), the right of the employer to transfer employes from one position to another position and the right of employes to be transferred from one position to another position is a subject of bargaining.

27,3840 Section 3840 . 111.91 (2) (a) of the statutes is amended to read:

111.91 (2) (a) The mission and goals of state agencies and the University of Wisconsin Hospitals and Clinics Authority as set forth in the statutes.

27,3841 Section 3841 . 111.91 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.91 (2) (a) The mission and goals of state agencies as set forth in the statutes.

27,3841m Section 3841m. 111.91 (4) of the statutes is amended to read:

111.91 (4) The secretary of the department, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a), shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employes or supervisors of employes specified in s. 111.81 (7) (a) and with each certified labor organization representing employes specified in s. 111.81 (7) (b) or (c) which do not contain any provision for the payment to any employe of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employe has been employed by the state.

27,3841n Section 3841n. 111.92 (1) of the statutes is renumbered 111.92 (1) (a) and amended to read:

111.92 (1) (a) Any tentative agreement reached between the department, acting for the executive branch state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) 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.

27,3841p Section 3841p. 111.92 (1) (b) of the statutes is created to read:

111.92 (1) (b) Any tentative agreement reached between the University of Wisconsin Hospitals and Clinics Board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1m) shall, after official ratification by the labor organization, be executed by the parties.

27,3842 Section 3842 . 111.92 (5) of the statutes is amended to read:

111.92 (5) Notwithstanding any other provision of the statutes, all compensation adjustments for state employes shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

27,3843e Section 3843e. 111.94 (1) of the statutes is amended to read:

111.94 (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee prescribed, established by rule, by the commission at a uniform rate of not less than 60 cents per page. All transcript fees shall be deposited into the general fund credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of 60 cents the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be deposited under credited to the appropriation in account under s. 20.425 (1) (g).

27,3843s Section 3843s. 111.94 (2) of the statutes is amended to read:

111.94 (2) The commission shall assess and collect a filing fee of $25 from the party or parties 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 of $25 from the party or parties 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. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.87. For the performance of commission actions under s. 111.86, 111.87 and 111.88, 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 such a 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 , except that the commission may not require a filing fee that exceeds $225 per request or case. 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 deposited as general purpose revenue—earned credited to the appropriation account under s. 20.425 (1) (i).

27,3844 Section 3844 . 112.07 (1) of the statutes is amended to read:

112.07 (1) Notwithstanding any other provision of the statutes, any fiduciary, as defined in s. 112.01 (1) (b), who is holding securities in a fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary may deposit or arrange for the deposit of such securities in a clearing corporation as defined in s. 408.102 (1) (c). When the securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other such securities deposited in that clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Ownership of, and other interests in, the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. A bank or trust company which deposits securities pursuant to this section shall be subject to such rules and regulations as, in the case of state chartered institutions, the commissioner division of banking and, in the case of national banking associations, the comptroller of the currency may from time to time issue. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities deposited by the bank or trust company in a clearing corporation pursuant to this section for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for such a party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as such fiduciary.

27,3845 Section 3845 . Chapter 115 (title) of the statutes is amended to read:

CHAPTER 115

STATE SUPERINTENDENT DEPARTMENT
OF EDUCATION; GENERAL
CLASSIFICATIONS AND DEFINITIONS;

27,3846 Section 3846 . 115.001 (13m) of the statutes is created to read:

115.001 (13m) Secretary. “Secretary" means the secretary of education.

27,3847 Section 3847. Subchapter II (title) of chapter 115 [precedes 115.28] of the statutes is amended to read:

CHAPTER 115

SUBCHAPTER II
STATE SUPERINTENDENT DEPARTMENT

OF PUBLIC INSTRUCTION EDUCATION

27,3847g Section 3847g. 115.28 (3m) of the statutes is renumbered 115.28 (3m) (a) and amended to read:

115.28 (3m) (a) Supervise and audit the receipts and expenditures of the cooperative educational service agencies, conduct program review of the agencies, approve agency evaluations, supervise boundary reorganization where necessary, advise the administrators of the agencies and provide assistance in organizing the agencies throughout the state. The state superintendent shall adopt

(b) Promulgate rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.

27,3847r Section 3847r. 115.28 (3m) (c) of the statutes is created to read:

115.28 (3m) (c) Every 3rd year as scheduled by the department, report to the appropriate standing committees of the legislature under s. 13.172 (3) on all cooperative educational service agency programs and services. The report shall include information on the efficiency and effectiveness of the programs and services.

27,3848 Section 3848 . 115.28 (7) (a) of the statutes is amended to read:

115.28 (7) (a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in his or her the secretary's office all papers relating to state teachers' licenses and register each such license.

27,3849 Section 3849 . 115.28 (7m) of the statutes is amended to read:

115.28 (7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the superintendent's secretary's office all papers relating to school nurses certification and register each such certification.

27,3849m Section 3849m. 115.28 (20) (intro.) of the statutes is amended to read:

115.28 (20) Council for Milwaukee public schools grant programs. (intro.) Appoint At the commencement of each gubernatorial term of office, appoint a council under s. 15.04 (1) (c) composed of residents of the school district established under ch. 119 who are selected to reflect the pluralistic nature of the school district. The council shall:

27,3850 Section 3850 . 115.28 (20) (a) of the statutes is amended to read:

115.28 (20) (a) Advise the state superintendent secretary on funding criteria and evaluation plans for grant programs for the school district operating under ch. 119.

27,3851 Section 3851 . 115.28 (20) (b) of the statutes is amended to read:

115.28 (20) (b) Advise the state superintendent secretary on the programs that meet or do not meet the funding criteria.

27,3852 Section 3852 . 115.28 (20) (c) of the statutes is amended to read:

115.28 (20) (c) Assist the state superintendent secretary in monitoring the progress of funded programs.

27,3853 Section 3853 . 115.28 (20) (d) of the statutes is amended to read:

115.28 (20) (d) Recommend to the state superintendent secretary needed changes in statutes or rules relating to grant programs.

27,3854 Section 3854 . 115.28 (20) (e) of the statutes is amended to read:

115.28 (20) (e) Submit to the state superintendent secretary an annual report detailing the council's activities, accomplishments and projected needs.

27,3854m Section 3854m. 115.28 (21) of the statutes is amended to read:

115.28 (21) Youth initiatives program. Administer grants to local community organizations for standardized assessment and programs for instruction in basic skills and work experience under the youth initiatives program. The state superintendent may require a school board to provide matching funds at any percentage. The match may be in the form of money or in-kind services or both. The state superintendent shall establish, by rule, performance standards for the youth initiatives program and shall monitor performances by grantees. This subsection does not apply after June 30, 1996.

27,3855 Section 3855 . 115.28 (24) of the statutes is amended to read:

115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21), and to school boards under s. ss. 115.36, and 115.362 and 118.019 (6) and to cooperative educational service agencies under s. 118.019 (6), and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 1602 (b) (1), to programs that provide more than one of the educational services specified under sub. (21), s. 115.36, 115.362, 115.915, 118.01 (2) (d) 7. or 8., 118.019 (6) or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 1602 (b) (1).

27,3855m Section 3855m. 115.28 (25) of the statutes is repealed.