AB150-ASA,1329,188
111.71
(2) The commission shall assess and collect a filing fee
of $25 from the
9party or parties for filing a complaint alleging that a prohibited practice has been
10committed under s. 111.70 (3). The commission shall assess and collect a filing fee
11of $25 from the party or parties for filing a request that the commission act as an
12arbitrator to resolve a dispute involving the interpretation or application of a
13collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4.
The commission
14shall assess and collect a filing fee for filing a request that the commission initiate
15fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing
16fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c)
171. or (cm) 3. The commission shall assess and collect a filing fee for filing a request
18that the commission initiate compulsory, final and binding arbitration under s.
19111.70 (4) (cm) 6. or (jm) or 111.77 (3). For the performance of commission actions
20under ss. 111.70 (4) (c) 1., 2. and 3., (cm) 3., 4. and 6. and (jm) and 111.77 (3), the
21commission shall require that the parties to the dispute equally share in the payment
22of the fee and, for the performance of commission actions involving a complaint
23alleging that a prohibited practice has been committed under s. 111.70 (3), the
24commission shall require that the party filing the complaint pay the entire fee. If
25such a any party has paid a filing fee requesting the commission to act as a mediator
1for a labor dispute and the parties do not enter into a voluntary settlement of the
2labor dispute, the commission may not subsequently assess or collect a filing fee to
3initiate fact-finding or arbitration to resolve the same labor dispute. If any request
4for the performance of commission actions concerns issues arising as a result of more
5than one unrelated event or occurrence, each such separate event or occurrence shall
6be treated as a separate request.
The commission shall promulgate rules
7establishing a schedule of filing fees to be paid under this subsection, except that the
8commission may not require a filing fee that exceeds $225 per request or case. Fees
9required to be paid under this subsection shall be paid at the time of filing the
10complaint or the request for
fact-finding, mediation or arbitration. A complaint or
11request for
fact-finding, mediation or arbitration is not filed until the date such fee
12or fees are paid
, except that the failure of the respondent party to pay the filing fee
13for having the commission initiate compulsory, final and binding arbitration under
14s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3) shall not prohibit the commission from
15initiating such arbitration. The commission may initiate collection proceedings
16against the respondent party for the payment of the filing fee. Fees collected under
17this subsection shall be
deposited as general purpose revenue—earned credited to
18the appropriation account under s. 20.425 (1) (i).
AB150-ASA,1331,421
111.71
(2) The commission shall assess and collect a filing fee for filing a
22complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
23The commission shall assess and collect a filing fee for filing a request that the
24commission act as an arbitrator to resolve a dispute involving the interpretation or
25application of a collective bargaining agreement under s. 111.70 (4) (c) 2. The
1commission shall assess and collect a filing fee for filing a request that the
2commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
3assess and collect a filing fee for filing a request that the commission act as a
4mediator under s. 111.70 (4) (c) 1. The commission shall assess and collect a filing
5fee for filing a request that the commission initiate compulsory, final and binding
6arbitration under s. 111.70 (4) (jm) or 111.77 (3). For the performance of commission
7actions under ss. 111.70 (4) (c) 1., 2. and 3., (jm) and 111.77 (3), the commission shall
8require that the parties to the dispute equally share in the payment of the fee and,
9for the performance of commission actions involving a complaint alleging that a
10prohibited practice has been committed under s. 111.70 (3), the commission shall
11require that the party filing the complaint pay the entire fee. If any party has paid
12a filing fee requesting the commission to act as a mediator for a labor dispute and the
13parties do not enter into a voluntary settlement of the dispute, the commission may
14not subsequently assess or collect a filing fee to initiate fact-finding or arbitration
15to resolve the same labor dispute. If any request for the performance of commission
16actions concerns issues arising as a result of more than one unrelated event or
17occurrence, each such separate event or occurrence shall be treated as a separate
18request. The commission shall promulgate rules establishing a schedule of filing fees
19to be paid under this subsection, except that the commission may not require a filing
20fee that exceeds $225 per request or case. Fees required to be paid under this
21subsection shall be paid at the time of filing the complaint or the request for
22fact-finding, mediation or arbitration. A complaint or request for fact-finding,
23mediation or arbitration is not filed until the date such fee or fees are paid, except
24that the failure of the respondent party to pay the filing fee for having the
25commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (jm)
1or 111.77 (3) shall not prohibit the commission from initiating such arbitration. The
2commission may initiate collection proceedings against the respondent party for the
3payment of the filing fee. Fees collected under this subsection shall be credited to
4the appropriation account under s. 20.425 (1) (i).
AB150-ASA,1331,106
111.80
(1) It recognizes that there are 3 major interests involved: that of the
7public, that of the
state employe and that of the
state as an employer. These 3
8interests are to a considerable extent interrelated. It is the policy of this state to
9protect and promote each of these interests with due regard to the situation and to
10the rights of the others.
AB150-ASA,1331,2112
111.80
(2) Orderly and constructive employment relations for
state employes
13and the efficient administration of state government are promotive of all these
14interests. They are largely dependent upon the maintenance of fair, friendly and
15mutually satisfactory employe management relations in state employment, and the
16availability of suitable machinery for fair and peaceful adjustment of whatever
17controversies may arise. It is recognized that whatever may be the rights of
18disputants with respect to each other in any controversy regarding state
19employment relations, neither party has any right to engage in acts or practices
20which jeopardize the public safety and interest and interfere with the effective
21conduct of public business.
AB150-ASA,1332,323
111.80
(3) Where permitted under this subchapter, negotiations of terms and
24conditions of state employment should result from voluntary agreement between the
25state and its agents as
an employer, and its employes. For that purpose
a state an
1employe may, if the employe desires, associate with others in organizing and in
2bargaining collectively through representatives of the employe's own choosing
3without intimidations or coercion from any source.
AB150-ASA,1332,115
111.80
(4) It is the policy of this state, in order to preserve and promote the
6interests of the public, the
state employe and the
state as an employer alike, to
7encourage the practices and procedures of collective bargaining in state employment
8subject to the requirements of the public service and related laws, rules and policies
9governing state employment, by establishing standards of fair conduct in state
10employment relations and by providing a convenient, expeditious and impartial
11tribunal in which these interests may have their respective rights determined.
AB150-ASA,1332,1713
111.81
(7) (d) Individuals employed by the University of Wisconsin Hospitals
14and Clinics Authority who hold positions that would be included in the classified
15service if the individuals were employed by the state, except supervisors,
16management employes and individuals who are privy to confidential matters
17affecting the employer-employe relationship.
AB150-ASA, s. 3811
18Section
3811. 111.81 (7) (d) of the statutes, as created by 1995 Wisconsin Act
19.... (this act), is repealed.
AB150-ASA, s. 3812
20Section
3812. 111.81 (12) (intro.) of the statutes is amended to read:
AB150-ASA,1332,2421
111.81
(12) (intro.) "Labor organization" means any employe organization
22whose purpose is to represent
state employes in collective bargaining with the
state 23employer, or its agents, on matters pertaining to terms and conditions of
24employment; but the term shall not include any organization:
AB150-ASA, s. 3815
25Section
3815. 111.81 (15) (a) (intro.) of the statutes is amended to read:
AB150-ASA,1333,2
1111.81
(15) (a) (intro.) Any employe in the classified service
or any employe of
2the University of Wisconsin Hospitals and Clinics Authority who is engaged in work:
AB150-ASA, s. 3816
3Section
3816. 111.81 (15) (a) (intro.) of the statutes, as affected by 1995
4Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-ASA,1333,65
111.81
(15) (a) (intro.) Any employe in the classified service who is engaged in
6work:
AB150-ASA, s. 3817
7Section
3817. 111.81 (15) (b) (intro.) of the statutes is amended to read:
AB150-ASA,1333,98
111.81
(15) (b) (intro.) Any employe in the classified service
or any employe of
9the University of Wisconsin Hospitals and Clinics Authority who:
AB150-ASA, s. 3818
10Section
3818. 111.81 (15) (b) (intro.) of the statutes, as affected by 1995
11Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-ASA,1333,1212
111.81
(15) (b) (intro.) Any employe in the classified service who:
AB150-ASA,1333,2514
111.815
(1) In the furtherance of this subchapter, the state shall be considered
15as a single employer and employment relations policies and practices throughout the
16state service shall be as consistent as practicable. The department shall negotiate
17and administer collective bargaining agreements. To coordinate the employer
18position in the negotiation of agreements, the executive branch shall maintain close
19liaison with the legislature relative to the negotiation of agreements and the fiscal
20ramifications thereof. The department is responsible for the employer functions of
21the executive branch under this subchapter, and shall coordinate its collective
22bargaining activities with operating
state agencies
and the University of Wisconsin
23Hospitals and Clinics Authority on matters of
agency concern
to the agencies or the
24authority. The legislative branch shall act upon those portions of tentative
25agreements negotiated by the executive branch which require legislative action.
AB150-ASA, s. 3820
1Section
3820. 111.815 (1) of the statutes, as affected by 1995 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB150-ASA,1334,173
111.815
(1) In the furtherance of this subchapter, the state shall be considered
4as a single employer and employment relations policies and practices throughout the
5state service shall be as consistent as practicable. The department shall negotiate
6and administer collective bargaining agreements. To coordinate the employer
7position in the negotiation of agreements, the department shall maintain close
8liaison with the legislature relative to the negotiation of agreements and the fiscal
9ramifications thereof. Except with respect to the collective bargaining units
10specified in s. 111.825 (1m), the department is responsible for the employer functions
11of the executive branch under this subchapter, and shall coordinate its collective
12bargaining activities with operating state agencies on matters of agency concern.
13The legislative branch shall act upon those portions of tentative agreements
14negotiated by the department which require legislative action. With respect to the
15collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin
16Hospitals and Clinics Board is responsible for the employer functions under this
17subchapter.
AB150-ASA,1335,219
111.815
(2) In the furtherance of the policy under s. 111.80 (4), the secretary
20of the department shall establish a collective bargaining capability within the
21department outside of the division of merit recruitment and selection and shall,
22together with the appointing authorities or their representatives, represent the state
23in its responsibility as an employer under this subchapter
except with respect to
24negotiations in the collective bargaining units specified in s. 111.825 (1m). The
1secretary of the department shall establish and maintain, wherever practicable,
2consistent employment relations policies and practices throughout the state service.
AB150-ASA,1335,9
4111.82 (title)
Rights of state employes. State employes Employes shall have
5the right of self-organization and the right to form, join or assist labor organizations,
6to bargain collectively through representatives of their own choosing under this
7subchapter, and to engage in lawful, concerted activities for the purpose of collective
8bargaining or other mutual aid or protection.
Such employes Employes shall also
9have the right to refrain from any or all of such activities.
AB150-ASA, s. 3822
10Section
3822. 111.825 (1) (intro.) of the statutes is amended to read:
AB150-ASA,1335,1711
111.825
(1) (intro.) It is the legislative intent that in order to foster meaningful
12collective bargaining, units must be structured in such a way as to avoid excessive
13fragmentation whenever possible. In accordance with this policy, collective
14bargaining units for employes in the classified service of the state
and for employes
15of the University of Wisconsin Hospitals and Clinics Authority are structured on a
16statewide basis with one collective bargaining unit for each of the following
17occupational groups:
AB150-ASA, s. 3823
18Section
3823. 111.825 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
19Act .... (this act), is repealed and recreated to read:
AB150-ASA,1336,220
111.825
(1) (intro.) It is the legislative intent that in order to foster meaningful
21collective bargaining, units must be structured in such a way as to avoid excessive
22fragmentation whenever possible. In accordance with this policy, collective
23bargaining units for employes in the classified service of the state, except employes
24in the collective bargaining units specified in s. 111.825 (1m), are structured on a
1statewide basis with one collective bargaining unit for each of the following
2occupational groups:
AB150-ASA,1336,74
111.825
(1m) Collective bargaining units for employes in the classified service
5of the state who are employed by the University of Wisconsin Hospitals and Clinics
6Board are structured with one collective bargaining unit for each of the following
7occupational groups:
AB150-ASA,1336,88
(a) Clerical and related.
AB150-ASA,1336,99
(b) Blue collar and nonbuilding trades.
AB150-ASA,1336,1010
(c) Building trades crafts.
AB150-ASA,1336,1111
(d) Security and public safety.
AB150-ASA,1336,1212
(e) Technical.
AB150-ASA,1336,1514
111.825
(3) The commission shall assign employes to the appropriate collective
15bargaining units set forth in subs. (1)
, (1m) and (2).
AB150-ASA,1337,217
111.825
(4) Any labor organization may petition for recognition as the exclusive
18representative of a collective bargaining unit specified in sub. (1)
, (1m) or (2) in
19accordance with the election procedures set forth in s. 111.83, provided the petition
20is accompanied by a 30% showing of interest in the form of signed authorization
21cards. Each additional labor organization seeking to appear on the ballot shall file
22petitions within 60 days of the date of filing of the original petition and prove,
23through signed authorization cards, that at least 10% of the employes in the
24collective bargaining unit want it to be their representative.
An original petition to
25serve as the initial representative of the collective bargaining unit specified in sub.
1(2) (d) may only be filed during the period commencing on July 2, 1990, and ending
2on December 31, 1990.
AB150-ASA,1337,134
111.825
(4m) If a single representative is recognized or certified to represent
5more than one of the collective bargaining units specified in sub. (1m), that
6representative and the employer may jointly agree to combine the collective
7bargaining units, subject to the right of the employes in any of the collective
8bargaining units that were combined to petition for an election under s. 111.83 (6)
9and (7). Any agreement under this subsection is effective upon written notice of the
10agreement by the parties to the commission and terminates upon written notice of
11termination by the parties to the commission or upon decertification of the
12representative entering into the agreement as representative of one of the combined
13collective bargaining units, whichever occurs first.
AB150-ASA,1337,2215
111.83
(7) Notwithstanding subs. (1), (3) and (6) and s. 111.825 (4), if on July
161, 1997, there is a representative recognized or certified to represent the employes
17in any of the collective bargaining units specified in s. 111.825 (1) (a) to (e), that
18representative shall become the representative of the employes in the corresponding
19collective bargaining units specified in s. 111.825 (1m) (a) to (e), without the necessity
20of filing a petition or conducting an election, subject to the right of any person to file
21a petition under this section during October 1998 or at any subsequent time when
22sub. (6) applies.
AB150-ASA,1337,2524
111.84
(1) (a) To interfere with, restrain or coerce
state employes in the exercise
25of their rights guaranteed in s. 111.82.
AB150-ASA,1338,182
111.84
(1) (b) Except as otherwise provided in this paragraph, to initiate,
3create, dominate or interfere with the formation or administration of any labor or
4employe organization or contribute financial support to it. Except as provided in ss.
540.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
6retirement system under ch. 40 and no action by the employer that is authorized by
7such a law constitutes a violation of this paragraph unless an applicable collective
8bargaining agreement specifically prohibits the change or action. No such change
9or action affects the continuing duty to bargain collectively regarding the Wisconsin
10retirement system under ch. 40 to the extent required by s. 111.91. It is not an unfair
11labor practice for the employer to reimburse
state employes at their an employe at
12his or her prevailing wage rate for the time spent during the employe's regularly
13scheduled hours conferring with the employer's officers or agents and for attendance
14at commission or court hearings necessary for the administration of this subchapter.
15Professional supervisory or craft personnel may maintain membership in
16professional or craft organizations; however, as members of such organizations they
17shall be prohibited from those activities related to collective bargaining in which the
18organizations may engage.
AB150-ASA,1338,2420
111.84
(1) (e) To violate any collective bargaining agreement previously agreed
21upon by the parties with respect to wages, hours and conditions of employment
22affecting
state employes, including an agreement to arbitrate or to accept the terms
23of an arbitration award, where previously the parties have agreed to accept such
24award as final and binding upon them.
AB150-ASA,1339,4
1111.85
(4) The commission may, under rules adopted for that purpose, appoint
2as its agent an official of
the a state
department or agency
involved
or the University
3of Wisconsin Hospitals and Clinics Authority whose employes are entitled to vote in
4a referendum to conduct
the referenda a referendum provided for herein.
AB150-ASA, s. 3829
5Section
3829. 111.85 (4) of the statutes, as affected by 1995 Wisconsin Act ....
6(this act), is repealed and recreated to read:
AB150-ASA,1339,97
111.85
(4) The commission may, under rules adopted for that purpose, appoint
8as its agent an official of a state agency whose employes are entitled to vote in a
9referendum to conduct a referendum provided for herein.
AB150-ASA,1339,1711
111.85
(5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or
12maintenance of membership agreement in effect in any of the collective bargaining
13units specified in s. 111.825 (1) (a) to (e), that fair-share or maintenance of
14membership agreement shall apply to the corresponding collective bargaining unit
15under s. 111.825 (1m) (a) to (e) without the necessity of filing a petition or conducting
16a referendum, subject to the right of the employes in each collective bargaining unit
17to file a petition requesting a referendum under sub. (2) (a).
AB150-ASA, s. 3830
18Section
3830. 111.86 of the statutes is renumbered 111.86 (1) and amended to
19read:
AB150-ASA,1339,2520
111.86
(1) Parties to the dispute pertaining to the interpretation of a collective
21bargaining agreement may agree in writing to have the commission or any other
22appointing
state agency
or the University of Wisconsin Hospitals and Clinics
23Authority serve as arbitrator or may designate any other competent, impartial and
24disinterested persons to so serve. Such arbitration proceedings shall be governed by
25ch. 788.
AB150-ASA, s. 3831
1Section
3831. 111.86 (1) of the statutes, as affected by 1995 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB150-ASA,1340,73
111.86
(1) Parties to the dispute pertaining to the interpretation of a collective
4bargaining agreement may agree in writing to have the commission or any other
5appointing state agency serve as arbitrator or may designate any other competent,
6impartial and disinterested persons to so serve. Such arbitration proceedings shall
7be governed by ch. 788.
AB150-ASA,1340,159
111.86
(2) The department shall charge a state department or agency the
10employer's share of the cost related to grievance arbitration under sub. (1) for any
11arbitration that involves one or more employes of the state department or agency.
12Each state department or agency so charged shall pay the amount that the
13department charges from the appropriation account or accounts used to pay the
14salary of the grievant. Funds received under this subsection shall be credited to the
15appropriation account under s. 20.512 (1) (km).
AB150-ASA, s. 3835
16Section
3835. 111.89 (2) (intro.) of the statutes is amended to read:
AB150-ASA,1340,1917
111.89
(2) (intro.) The occurrence of a strike and the participation therein by
18a state an employe do not affect the rights of the employer, in law or in equity, to deal
19with the strike, including:
AB150-ASA,1340,2421
111.90
(1) Carry out the statutory mandate and goals assigned to
the a state 22agency
utilizing personnel, or the University of Wisconsin Hospitals and Clinics
23Authority by the most appropriate and efficient methods and means
and utilize
24personnel in the most appropriate and efficient manner possible.
AB150-ASA, s. 3837
1Section
3837. 111.90 (1) of the statutes, as affected by 1995 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB150-ASA,1341,53
111.90
(1) Carry out the statutory mandate and goals assigned to a state agency
4by the most appropriate and efficient methods and means and utilize personnel in
5the most appropriate and efficient manner possible.
AB150-ASA,1341,107
111.90
(2) Manage the employes of
the
a state agency
or the University of
8Wisconsin Hospitals and Clinics Authority; hire, promote, transfer, assign or retain
9employes in positions within the agency
or authority; and in that regard establish
10reasonable work rules.
AB150-ASA, s. 3839
11Section
3839. 111.90 (2) of the statutes, as affected by 1995 Wisconsin Act ....
12(this act), is repealed and recreated to read:
AB150-ASA,1341,1513
111.90
(2) Subject to s. 111.91 (1) (am), manage the employes of a state agency;
14hire, promote, transfer, assign or retain employes in positions within the agency; and
15in that regard establish reasonable work rules.
AB150-ASA,1341,2017
111.91
(1) (am) In collective bargaining units specified in s. 111.825 (1m), the
18right of the employer to transfer employes from one position to another position and
19the right of employes to be transferred from one position to another position is a
20subject of bargaining.
AB150-ASA,1341,2322
111.91
(2) (a) The mission and goals of state agencies
and the University of
23Wisconsin Hospitals and Clinics Authority as set forth in the statutes.
AB150-ASA, s. 3841
24Section
3841. 111.91 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
25.... (this act), is repealed and recreated to read:
AB150-ASA,1342,2
1111.91
(2) (a) The mission and goals of state agencies as set forth in the
2statutes.
AB150-ASA,1342,114
111.91
(4) The secretary of the department, in connection with the development
5of tentative collective bargaining agreements to be submitted under s. 111.92
(1) (a),
6shall endeavor to obtain tentative agreements with each recognized or certified labor
7organization representing employes or supervisors of employes specified in s. 111.81
8(7) (a) and with each certified labor organization representing employes specified in
9s. 111.81 (7) (b) or (c) which do not contain any provision for the payment to any
10employe of a cumulative or noncumulative amount of compensation in recognition
11of or based on the period of time an employe has been employed by the state.
AB150-ASA, s. 3841n
12Section 3841n. 111.92 (1) of the statutes is renumbered 111.92 (1) (a) and
13amended to read: