AB150: Bill Text Engrossed

AB150-engrossed,1322,8 103.545 (6) Upon complaint of an affected employer, labor organization or employe, the department may investigate violations and issue orders to enforce this section. The investigations and orders shall be made under ss. 101.01 to 101.25. Every order issued under this subsection has the same force and effect as orders issued under ss. 101.01 to 101.25, except as otherwise provided in this section as provided under s. 103.005. Orders are subject to review as provided in ch. 227. The department of justice may, upon request of the commission, prosecute violations of this section in any court of competent jurisdiction.

AB150-engrossed, s. 3755 Section 3755. 103.64 (1) of the statutes is repealed.

AB150-engrossed, s. 3756 Section 3756. 103.66 (title) of the statutes is amended to read:

AB150-engrossed,1322,12 103.66 (title) Powers and duties of the department relating to employment of minors.

AB150-engrossed, s. 3756m Section 3756m. 103.66 (1) of the statutes is amended to read:

AB150-engrossed,1322,25 103.66 (1) The department may investigate, determine and fix reasonable classifications of employments, places of employment and minimum ages for hazardous employment for minors, and may issue general or special orders prohibiting the employment of minors in employments or places of employment prejudicial to the life, health, safety or welfare of minors, and may carry out the purposes of ss. 103.64 to 103.82. In fixing minimum ages for hazardous employment for minors under this subsection, the department shall permit the employment of a minor 14 years of age or over as a laboratory assistant for a nonprofit, community-based organization that provides educational opportunities in medically related fields if the minor is under the direct supervision of a mentor and the laboratory at which the minor is employed complies with 10 CFR 20.1207 and 29 CFR 1910.1030.

AB150-engrossed, s. 3757 Section 3757. 103.66 (3) of the statutes is amended to read:

AB150-engrossed,1323,6 103.66 (3) The investigations, classifications and orders provided for in subs. (1) and (2) shall be made pursuant to the procedure specified in ss. 101.01 to 101.25. Every order of the department has the same force and effect as the orders issued pursuant to ss. 101.01 to 101.25 as provided under s. 103.005. These orders are subject to review as provided in ch. 227.

AB150-engrossed, s. 3758 Section 3758. 103.70 (1) of the statutes is amended to read:

AB150-engrossed,1323,16 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31 and 103.78, and as may be provided under s. 103.79, a minor, unless indentured as an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program under s. 101.265 106.13, shall not be employed or permitted to work at any gainful occupation or employment unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the maximum hours prescribed by law.

AB150-engrossed, s. 3759 Section 3759. 103.79 (2) of the statutes is amended to read:

AB150-engrossed,1323,24 103.79 (2) The department may investigate and fix by general or special order reasonable regulations relative to the employment of minors as caddies on golf courses. The regulations may include a waiver or modification of permit requirements for caddies. The investigations and orders shall be made pursuant to ss. 101.01 to 101.25, and every such order has the same force and effect as orders issued pursuant to ss. 101.01 to 101.25 as provided under s. 103.005. The orders are subject to review as provided in ch. 227.

AB150-engrossed, s. 3760 Section 3760. 103.85 (4) of the statutes is amended to read:

AB150-engrossed,1324,10 103.85 (4) If upon investigation, the department shall ascertain and determine that there be practical difficulties or unnecessary hardships in carrying out the provisions of this section, or upon a joint request of labor and management, the department may by general or special order make reasonable exceptions therefrom or modifications thereof provided that the life, health, safety and welfare of employes shall not be sacrificed or endangered thereby. Such investigation and orders shall be made pursuant to the proceedings in ss. 101.01 to 101.25; and every order of the department under this section shall have the same effect as orders issued pursuant to said sections as provided under s. 103.005. Such orders shall be subject to review under ch. 227.

AB150-engrossed, s. 3761 Section 3761. 103.85 (5) of the statutes is amended to read:

AB150-engrossed,1324,13 103.85 (5) Every employer who violates this section shall be punished as provided in s. 101.02 (13) 103.005 (11) and (12).

AB150-engrossed, s. 3762 Section 3762. 103.90 (6) of the statutes is repealed.

AB150-engrossed, s. 3763 Section 3763. 103.91 (3) of the statutes is amended to read:

AB150-engrossed,1324,18 103.91 (3) Annual fees. Each certificate shall be renewed annually. The fee for the certificate or renewal shall be in an amount determined by the department, but not to exceed $25.

AB150-engrossed, s. 3764 Section 3764. 103.92 (1) of the statutes is amended to read:

AB150-engrossed,1324,24 103.92 (1) Application; fee. Every person maintaining a migrant labor camp shall, annually by April 1 or 30 days prior to the opening of a new camp, make application to the department to operate a camp. Each application shall be accompanied by a nonreturnable an application fee in an amount determined by the department, but not to exceed $25.

AB150-engrossed, s. 3765m Section 3765m. 104.04 of the statutes is amended to read:

AB150-engrossed,1325,15 104.04 Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage, and shall carry out the purposes of ss. 104.01 to 104.12. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with ss. 104.01 to 104.12; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25, and the penalties therein shall apply to and be imposed for any violation of ss. 104.01 to 104.12. In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

AB150-engrossed, s. 3765p Section 3765p. 104.04 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,1326,8 104.04 Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage, and shall carry out the purposes of ss. 104.01 to 104.12. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with ss. 104.01 to 104.12; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided under s. 103.005, and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 104.01 to 104.12. In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

AB150-engrossed, s. 3766 Section 3766. 105.15 of the statutes is amended to read:

AB150-engrossed,1326,19 105.15 General powers of department applicable; penalties. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with this chapter, and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 105.01 to 105.11 or 105.13 to 105.15. The department may also order a person who operates an employment agency in violation of s. 105.05 (1) to make refunds as provided under s. 105.16 (2). Orders issued under this section are subject to review in the manner provided in ch. 227.

AB150-engrossed, s. 3767 Section 3767. Chapter 106 (title) of the statutes is amended to read:

AB150-engrossed,1326,21 CHAPTER 106

AB150-engrossed,1326,23 MASTER AND APPRENTICE and employment programs

AB150-engrossed, s. 3768 Section 3768. Subchapter I (title) of chapter 106 [precedes 106.01] of the statutes is created to read:

AB150-engrossed,1327,1 Chapter 106

AB150-engrossed,1327,3 Subchapter I Apprentice programs

AB150-engrossed, s. 3769 Section 3769. 106.01 (9) of the statutes is amended to read:

AB150-engrossed,1327,16 106.01 (9) It shall be the duty of the department, and it shall have power, jurisdiction and authority, to investigate, ascertain, determine and fix such reasonable classifications and to issue rules and regulations, and general or special orders and to hold hearings and make findings and render orders thereon as shall be necessary to carry out the intent and purposes of s. 106.01. Such hearings, investigations, classifications, findings and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with s. 106.01; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violations of s. 106.01, excepting as to the penalties provided in s. 106.01 (8). Said orders shall be subject to review in the manner provided in ch. 227.

AB150-engrossed, s. 3770 Section 3770. Subchapter II (title) of chapter 106 [precedes 106.04] of the statutes is created to read:

AB150-engrossed,1327,19 Chapter 106

AB150-engrossed,1327,21 Subchapter II Employment programs

AB150-engrossed, s. 3770m Section 3770m. 106.14 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,1328,3 106.14 (1) The department shall may award grants to nonprofit corporations and public agencies for the provision of career counseling centers throughout the state.

AB150-engrossed, s. 3770p Section 3770p. 106.14 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,1328,12 106.14 (4) Amounts awarded under sub. (3) shall be paid from the appropriation under s. 20.445 (1) (ep), may be paid in instalments and shall range from 25% to 75% of the total cost of operating the career counseling center, except that after 3 years of receiving grant funds under this section a grant recipient may receive no more than 50% of the total cost of operating the career counseling center. The department shall require the grant recipient to provide the remaining percentage share of the total project cost.

AB150-engrossed, s. 3776 Section 3776. 107.30 (4) of the statutes is amended to read:

AB150-engrossed,1328,15 107.30 (4) "Department" means the department of industry, labor and human relations development.

AB150-engrossed, s. 3777 Section 3777. 108.02 (13) (k) of the statutes is amended to read:

AB150-engrossed,1328,22 108.02 (13) (k) "Employer" does not include a county department or aging unit that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 49.52, 46.495, 51.42 or 51.437 or personal assistance services under s. 47.02 (4) (c).

AB150-engrossed, s. 3778 Section 3778. 108.105 of the statutes is amended to read:

AB150-engrossed,1329,8 108.105 Suspension of agents. The department may suspend the privilege of any agent to appear before the department at hearings under this chapter for a specified period if the department finds that the agent has engaged in an act of fraud or misrepresentation or repeatedly failed to comply with departmental rules, or has engaged in the solicitation of a claimant solely for the purpose of appearing at a hearing as the claimant's representative for pay. Prior to imposing a suspension under this section, the secretary of industry, labor and human relations or the secretary's designee shall conduct a hearing concerning the proposed suspension. The hearing shall be conducted under ch. 227 and the decision of the department may be appealed under s. 227.52.

AB150-engrossed, s. 3778p Section 3778p. 108.13 (4) (b) of the statutes is amended to read:

AB150-engrossed,1329,17 108.13 (4) (b) A claimant filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations. If any such claimant discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation, the department of industry, labor and human relations shall, upon request of the department of health and social services revenue, notify the state or local child support enforcement agency enforcing the obligations that the claimant has been determined to be eligible for unemployment compensation.

AB150-engrossed, s. 3779 Section 3779. 108.14 (11) of the statutes is amended to read:

AB150-engrossed,1330,4 108.14 (11) The department may require any employing unit which employs one or more individuals to perform work in this state to make such arrangements as will reasonably assure the department that the employing unit will keep such records, make such reports, and pay such contributions as are required under this chapter. Any employing unit which the department has notified, through notice served on it or sent by registered mail to its last-known address or served by publishing a notice under s. 180.1510 (4) (b) 1., that it is required to make such arrangements and which fails to do so within 20 days after such notification may, through proceedings instituted by the department in the circuit court for Dane county, be restrained from doing business in this state until it has made such arrangements.

AB150-engrossed, s. 3780 Section 3780. 108.141 (6) (a) of the statutes is amended to read:

AB150-engrossed,1330,9 108.141 (6) (a) Whenever an extended benefit period is to become effective as a result of a Wisconsin "on" indicator, or an extended benefit period is to be terminated as a result of a Wisconsin "off" indicator, the secretary of industry, labor and human relations shall publish it as a class 1 notice under ch. 985.

AB150-engrossed, s. 3781 Section 3781. 108.142 (5) of the statutes is amended to read:

AB150-engrossed,1330,15 108.142 (5) Publish indicators. Whenever a Wisconsin supplemental benefit period is to become effective as a result of a Wisconsin "on" indicator under this section, or a Wisconsin supplemental benefit period is to be terminated as a result of a Wisconsin "off" indicator under this section, the secretary of industry, labor and human relations shall publish it as a class 1 notice under ch. 985.

AB150-engrossed, s. 3782 Section 3782. 109.07 (1m) of the statutes is amended to read:

AB150-engrossed,1331,6 109.07 (1m) Subject to sub. (5) or (6), an employer who has decided upon a business closing or mass layoff in this state shall promptly notify the subunit of the department that administers s. 101.27 106.15, any affected employe, any collective bargaining representative of any affected employe, and the highest official of any municipality in which the affected employment site is located, in writing of such action no later than 60 days prior to the date that the business closing or mass layoff takes place. The employer shall provide in writing all information concerning its payroll, affected employes and the wages and other remuneration owed to such employes as the department may require. The department may in addition require the employer to submit a plan setting forth the manner in which final payment in full shall be made to affected employes. The department shall promptly provide a copy of the notice required under this subsection to the department of development and shall cooperate with the department of development in the performance of its responsibilities under s. 560.15. This subsection does not apply to a business closing or mass layoff that is caused by a strike or lockout.

AB150-engrossed, s. 3782am Section 3782am. 110.08 (2) of the statutes is amended to read:

AB150-engrossed,1331,9 110.08 (2) Except as provided under s. 343.16 (1) (b) and (c), all examinations for operator's licenses and permits shall be given by state examiners.

AB150-engrossed, s. 3782b Section 3782b. 111.02 (1) of the statutes is amended to read:

AB150-engrossed,1331,15 111.02 (1) The term "all-union agreement" shall mean an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employes in a collective bargaining unit whereby all or any of the employes in such unit are required to be members of a single labor organization.

AB150-engrossed, s. 3782c Section 3782c. 111.02 (2) of the statutes is amended to read:

AB150-engrossed,1331,21 111.02 (2) "Collective bargaining" is the negotiating by an employer and a majority of the employer's employes in a collective bargaining unit (or their representatives) concerning representation or terms and conditions of employment of such employes, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

AB150-engrossed, s. 3782e Section 3782e. 111.02 (3) of the statutes is amended to read:

AB150-engrossed,1332,12 111.02 (3) "Collective bargaining unit" means all of the employes of one employer (employed within the state), except as provided in s. 111.05 (5) and except that where a majority of the employes engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employes in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

AB150-engrossed, s. 3782f Section 3782f. 111.02 (6) (a) of the statutes is amended to read:

AB150-engrossed,1332,18 111.02 (6) (a) "Employe" shall include any person, other than an independent contractor, working for another for hire in the state of Wisconsin in a nonconfidential, nonmanagerial, nonexecutive or and nonsupervisory capacity, and shall not be limited to the employes of a particular employer unless the context clearly indicates otherwise.

AB150-engrossed, s. 3782g Section 3782g. 111.02 (7) of the statutes is amended to read:

AB150-engrossed,1333,2 111.02 (7) The term "employer" means a person who engages the services of an employe and includes any person acting on behalf of an employer within the scope of his or her authority, express or implied, but shall not include the state or any political subdivision thereof, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. For purposes of this subsection, a person who engages the services of an employe includes the University of Wisconsin Hospitals and Clinics Authority.

AB150-engrossed, s. 3782h Section 3782h. 111.02 (7m) of the statutes is created to read:

AB150-engrossed,1333,9 111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employes of that authority under which all of the employes in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

AB150-engrossed, s. 3782i Section 3782i. 111.02 (9m) of the statutes is created to read:

AB150-engrossed,1333,17 111.02 (9m) "Maintenance of membership agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employes of that authority which requires that all of the employes whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employes who are hired on or after the effective date of the agreement.

AB150-engrossed, s. 3782j Section 3782j. 111.02 (10m) of the statutes is created to read:

AB150-engrossed,1333,23 111.02 (10m) "Referendum" means a proceeding conducted by the commission in which employes of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

AB150-engrossed, s. 3782k Section 3782k. 111.05 (2) of the statutes is amended to read:

AB150-engrossed,1334,6 111.05 (2) Whenever Except as provided in sub. (5), whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employes in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB150-engrossed, s. 3782L Section 3782L. 111.05 (3g) of the statutes is created to read:

AB150-engrossed,1334,13 111.05 (3g) Notwithstanding subs. (3) and (4), if on June 30, 1997, there is a representative recognized or certified to represent any of the units specified in s. 111.825 (1) (f) 1., 5. or 9., that representative shall become the representative of the employes in the corresponding collective bargaining units specified in sub. (5) (a) 1. to 3., 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 on or after October 1, 1998.

AB150-engrossed, s. 3782m Section 3782m. 111.05 (5) of the statutes is created to read:

AB150-engrossed,1334,17 111.05 (5) (a) Collective bargaining units for representation of the employes of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employes engaged in each of the following functions:

AB150-engrossed,1334,18 1. Fiscal and staff services.

AB150-engrossed,1334,19 2. Patient care.

AB150-engrossed,1334,20 3. Science.

AB150-engrossed,1335,4 (b) Collective bargaining units for representation of the employes of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for such employes is subject to approval of the commission. The commission shall not permit fragmentation of such collective bargaining units or creation of any such collective bargaining unit that is too small to provide adequate representation of employes. In approving such collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.

AB150-engrossed, s. 3782n Section 3782n. 111.05 (6) of the statutes is created to read:

AB150-engrossed,1335,15 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), 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 subs. (3) and (3g). 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.

AB150-engrossed, s. 3782no Section 3782no. 111.06 (1) (c) 1. of the statutes is amended to read: