AB150-engrossed,1333,94
111.02
(7m) "Fair-share agreement" means an agreement between the
5University of Wisconsin Hospitals and Clinics Authority and a labor organization
6representing employes of that authority under which all of the employes in a
7collective bargaining unit are required to pay their proportionate share of the cost
8of the collective bargaining process and contract administration measured by the
9amount of dues uniformly required of all members.
AB150-engrossed,1333,1711
111.02
(9m) "Maintenance of membership agreement" means an agreement
12between the University of Wisconsin Hospitals and Clinics Authority and a labor
13organization representing employes of that authority which requires that all of the
14employes whose dues are being deducted from earnings under s. 20.921 (1) or 111.06
15(1) (i) at the time the agreement takes effect shall continue to have dues deducted for
16the duration of the agreement and that dues shall be deducted from the earnings of
17all employes who are hired on or after the effective date of the agreement.
AB150-engrossed,1333,2319
111.02
(10m) "Referendum" means a proceeding conducted by the commission
20in which employes of the University of Wisconsin Hospitals and Clinics Authority in
21a collective bargaining unit may cast a secret ballot on the question of directing the
22labor organization and the employer to enter into a fair-share or maintenance of
23membership agreement or to terminate such an agreement.
AB150-engrossed,1334,6
1111.05
(2) Whenever Except as provided in sub. (5), whenever a question arises
2concerning the determination of a collective bargaining unit as defined in s. 111.02
3(3), it shall be determined by secret ballot, and the commission, upon request, shall
4cause the ballot to be taken in such manner as to show separately the wishes of the
5employes in any craft, division, department or plant as to the determination of the
6collective bargaining unit.
AB150-engrossed,1334,138
111.05
(3g) Notwithstanding subs. (3) and (4), if on June 30, 1997, there is a
9representative recognized or certified to represent any of the units specified in s.
10111.825 (1) (f) 1., 5. or 9., that representative shall become the representative of the
11employes in the corresponding collective bargaining units specified in sub. (5) (a) 1.
12to 3., without the necessity of filing a petition or conducting an election, subject to
13the right of any person to file a petition under this section on or after October 1, 1998.
AB150-engrossed,1334,1715
111.05
(5) (a) Collective bargaining units for representation of the employes of
16the University of Wisconsin Hospitals and Clinics Authority shall include one unit
17for employes engaged in each of the following functions:
AB150-engrossed,1334,1818
1. Fiscal and staff services.
AB150-engrossed,1335,421
(b) Collective bargaining units for representation of the employes of the
22University of Wisconsin Hospitals and Clinics Authority who are engaged in a
23function not specified in par. (a) shall be determined in the manner provided in this
24section. The creation of any collective bargaining unit for such employes is subject
25to approval of the commission. The commission shall not permit fragmentation of
1such collective bargaining units or creation of any such collective bargaining unit
2that is too small to provide adequate representation of employes. In approving such
3collective bargaining units, the commission shall give primary consideration to the
4authority's needs to fulfill its statutory missions.
AB150-engrossed,1335,156
111.05
(6) If a single representative is recognized or certified to represent more
7than one of the collective bargaining units specified in sub. (5), that representative
8and the employer may jointly agree to combine the collective bargaining units,
9subject to the right of the employes in any of the collective bargaining units that were
10combined to petition for an election under subs. (3) and (3g). Any agreement under
11this subsection is effective upon written notice of the agreement by the parties to the
12commission and terminates upon written notice of termination by the parties to the
13commission or upon decertification of the representative entering into the agreement
14as representative of one of the combined collective bargaining units, whichever
15occurs first.
AB150-engrossed,1336,2317
111.06
(1) (c) 1. To encourage or discourage membership in any labor
18organization, employe agency, committee, association or representation plan by
19discrimination in regard to hiring, tenure or other terms or conditions of employment
20except in a collective bargaining unit where an all-union, fair-share or maintenance
21of membership agreement is in effect. An employer is not prohibited from entering
22into an all-union agreement with the voluntarily recognized representative of the
23employes in a collective bargaining unit, where at least a majority of such employes
24voting have voted affirmatively, by secret ballot, in favor of such all-union agreement
25in a referendum conducted by the commission, except that where the bargaining
1representative has been certified by either the commission or the national labor
2relations board as the result of a representation election, no referendum is required
3to authorize the entry into such an all-union agreement. Such authorization of an
4all-union agreement shall be deemed to continue thereafter, subject to the right of
5either party to the all-union agreement to petition the commission to conduct a new
6referendum on the subject. Upon receipt of such petition, the commission shall
7determine whether there is reasonable ground to believe that the employes
8concerned have changed their attitude toward the all-union agreement and upon so
9finding the commission shall conduct a referendum. If the continuance of the
10all-union agreement is supported on any such referendum by a vote at least equal
11to that provided in this subdivision for its initial authorization, it may be continued
12in force thereafter, subject to the right to petition for a further vote by the procedure
13set forth in this subdivision. If the continuance of the all-union agreement is not
14thus supported on any such referendum, it is deemed terminated at the termination
15of the contract of which it is then a part or at the end of one year from the date of the
16announcement by the commission of the result of the referendum, whichever is
17earlier. The commission shall declare any all-union agreement terminated
18whenever it finds that the labor organization involved has unreasonably refused to
19receive as a member any employe of such employer, and each such all-union
20agreement shall be made subject to this duty of the commission. Any person
21interested may come before the commission as provided in s. 111.07 and ask the
22performance of this duty. Any all-union agreement in effect on October 4, 1975,
23made in accordance with the law in effect at the time it is made is valid.
AB150-engrossed,1337,8
1111.06
(1) (d) To refuse to bargain collectively with the representative of a
2majority of the employer's employes in any collective bargaining unit
with respect
3to representation or terms and conditions of employment, except as provided under
4ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with
5the commission a petition requesting a determination as to majority representation,
6the employer shall not be deemed to have refused to bargain until an election has
7been held and the result thereof has been certified to the employer by the
8commission.
AB150-engrossed,1337,1610
111.06
(1) (i) To deduct labor organization dues or assessments from an
11employe's earnings, unless the employer has been presented with an individual order
12therefor, signed by the employe personally, and terminable at the end of any year of
13its life by the employe giving at least thirty days' written notice of such termination
14unless there is an all-union, fair-share or maintenance of membership agreement
15in effect. The employer shall give notice to the labor organization of receipt of such
16notice of termination.
AB150-engrossed,1337,1918
111.06
(1) (m) To fail to give the notice of intention to engage in a lockout
19provided in s. 111.115 (2).
AB150-engrossed,1337,2221
111.06
(2) (i) To fail to give the notice of intention to
engage in a strike provided
22in s.
111.11 111.115 (2) or (3).
AB150-engrossed,1338,2324
111.07
(2) (a) Upon the filing with the commission by any party in interest of
25a complaint in writing, on a form provided by the commission, charging any person
1with having engaged in any specific unfair labor practice, it shall mail a copy of such
2complaint to all other parties in interest. Any other person claiming interest in the
3dispute or controversy, as an employer, an employe, or their representative, shall be
4made a party upon application. The commission may bring in additional parties by
5service of a copy of the complaint. Only one such complaint shall issue against a
6person with respect to a single controversy, but any such complaint may be amended
7in the discretion of the commission at any time prior to the issuance of a final order
8based thereon. The person or persons so complained of shall have the right to file an
9answer to the original or amended complaint and to appear in person or otherwise
10and give testimony at the place and time fixed in the notice of hearing. The
11commission shall fix a time for the hearing on such complaint, which will be not less
12than 10 nor more than 40 days after the filing of such complaint, and notice shall be
13given to each party interested by service on the party personally or by mailing a copy
14thereof to the party at the party's last-known post-office address at least 10 days
15before such hearing. In case a party in interest is located without the state and has
16no known post-office address within this state, a copy of the complaint and copies
17of all notices shall be filed
in the office of the secretary of state with the department
18of financial institutions and shall also be sent by registered mail to the last-known
19post-office address of such party. Such filing and mailing shall constitute sufficient
20service with the same force and effect as if served upon the party located within this
21state. Such hearing may be adjourned from time to time in the discretion of the
22commission and hearings may be held at such places as the commission shall
23designate.
AB150-engrossed,1339,12
1111.07
(2) (b) 1. The commission shall have the power to issue subpoenas and
2administer oaths. Depositions may be taken in the manner prescribed by s.
101.02
3(14) 103.005 (13) (c). No person may be excused from attending and testifying or from
4producing books, records, correspondence, documents or other evidence in obedience
5to the subpoena of the commission on the ground that the testimony or evidence
6required of him or her may tend to incriminate him or her or subject him or her to
7a penalty or forfeiture under the laws of the state of Wisconsin; but no individual may
8be prosecuted or subjected to any penalty or forfeiture for or on account of testifying
9or producing evidence, documentary or otherwise, before the commission in
10obedience to a subpoena issued by it; provided, that an individual so testifying shall
11not be exempt from prosecution and punishment for perjury committed in so
12testifying.
AB150-engrossed,1339,22
14111.075 Fair-share and maintenance of membership agreements. (1) 15(a) No fair-share or maintenance of membership agreement may become effective
16unless authorized by a referendum. The commission shall order a referendum
17whenever it receives a petition supported by proof that at least 30% of the employes
18in a collective bargaining unit desire that a fair-share or maintenance of
19membership agreement be entered into between the employer and a labor
20organization. A petition may specify that a referendum is requested on a
21maintenance of membership agreement only, in which case the ballot shall be limited
22to that question.
AB150-engrossed,1340,423
(b) For a fair-share agreement to be authorized, at least two-thirds of the
24eligible employes voting in a referendum shall vote in favor of the agreement. For
25a maintenance of membership agreement to be authorized, at least a majority of the
1eligible employes voting in a referendum shall vote in favor of the agreement. In a
2referendum on a fair-share agreement, if less than two-thirds but more than
3one-half of the eligible employes vote in favor of the agreement, a maintenance of
4membership agreement is authorized.
AB150-engrossed,1340,185
(c) If a fair-share or maintenance of membership agreement is authorized in
6a referendum, the employer shall enter into such an agreement with the labor
7organization named on the ballot in the referendum. Each fair-share or
8maintenance of membership agreement shall contain a provision requiring the
9employer to deduct the amount of dues as certified by the labor organization from the
10earnings of the employes affected by the agreement and to pay the amount so
11deducted to the labor organization. Unless the parties agree to an earlier date, the
12agreement shall take effect 60 days after certification by the commission that the
13referendum vote authorized the agreement. The employer shall be held harmless
14against any claims, demands, suits and other forms of liability made by employes or
15local labor organizations which may arise for actions taken by the employer in
16compliance with this section. All such lawful claims, demands, suits and other forms
17of liability are the responsibility of the labor organization entering into the
18agreement.
AB150-engrossed,1340,2519
(d) Under each fair-share or maintenance of membership agreement, an
20employe who has religious convictions against dues payments to a labor organization
21based on teachings or tenets of a church or religious body of which he or she is a
22member shall, on request to the labor organization, have his or her dues paid to a
23charity mutually agreed upon by the employe and the labor organization. Any
24dispute concerning this paragraph may be submitted to the commission for
25adjudication.
AB150-engrossed,1341,14
1(2) (a) Once authorized, a fair-share or maintenance of membership
2agreement shall continue in effect, subject to the right of the employer or labor
3organization concerned to petition the commission to conduct a new referendum.
4Such petition must be supported by proof that at least 30% of the employes in the
5collective bargaining unit desire that the fair-share or maintenance of membership
6agreement be discontinued. Upon so finding, the commission shall conduct a new
7referendum. If the continuance of the fair-share or maintenance of membership
8agreement is approved in the referendum by at least the percentage of eligible voting
9employes required for its initial authorization, it shall be continued in effect, subject
10to the right of the employer or labor organization to later initiate a further vote
11following the procedure prescribed in this subsection. If the continuation of the
12agreement is not supported in any referendum, it is deemed terminated at the
13termination of the collective bargaining agreement, or one year from the date of the
14certification of the result of the referendum, whichever is earlier.
AB150-engrossed,1341,2215
(b) The commission shall declare any fair-share or maintenance of
16membership agreement suspended upon such conditions and for such time as the
17commission decides whenever it finds that the labor organization involved has
18refused on the basis of race, color, sexual orientation or creed to receive as a member
19any employe in the collective bargaining unit involved, and the agreement shall be
20made subject to the findings and orders of the commission. Any of the parties to the
21agreement, or any employe covered thereby, may come before the commission, as
22provided in s. 111.07, and petition the commission to make such a finding.
AB150-engrossed,1341,25
23(3) A stipulation for a referendum executed by an employer and a labor
24organization may not be filed until after the representation election has been held
25and the results certified.
AB150-engrossed,1342,3
1(4) The commission may, under rules adopted for that purpose, appoint as its
2agent an official of the University of Wisconsin Hospitals and Clinics Authority to
3conduct the referenda provided for in this section.
AB150-engrossed,1342,10
4(5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or
5maintenance of membership agreement in effect in any of the collective bargaining
6units specified in s. 111.825 (1) (f) 1., 5. or 9., that fair-share or maintenance of
7membership agreement shall apply to the corresponding collective bargaining unit
8under s. 111.05 (5) (a) 1. to 3. without the necessity of filing a petition or conducting
9a referendum, subject to the right of the employes in each collective bargaining unit
10to file a petition requesting a referendum under sub. (2) (a).
AB150-engrossed,1342,12
11(6) This section applies only in collective bargaining units comprised of
12employes of the University of Wisconsin Hospitals and Clinics Authority.
AB150-engrossed,1342,2314
111.09
(1) The commission may adopt reasonable and proper rules and
15regulations relative to the exercise of its powers and authority and proper rules to
16govern its proceedings and to regulate the conduct of all elections and hearings. The
17commission shall, upon request, provide a transcript of a proceeding to any party to
18the proceeding for a fee
prescribed, established by rule, by the commission at a
19uniform rate
of not less than 60 cents per page. All transcript fees shall be
deposited
20into the general fund credited to the appropriation account under s. 20.425 (1) (i),
21except that fees collected in excess of
60 cents
the uniform rate per page for any
22transcript produced by a reporter who is not employed by the commission shall be
23deposited under credited to the appropriation
in account under s. 20.425 (1) (g).
AB150-engrossed,1344,3
1111.09
(2) The commission shall assess and collect a filing fee
of $25 from the
2party or parties for filing a complaint alleging that an unfair labor practice has been
3committed under s. 111.06. The commission shall assess and collect a filing fee
of $25
4from the party or parties for filing a request that the commission act as an arbitrator
5to resolve a dispute involving the interpretation or application of a collective
6bargaining agreement under s. 111.10.
The commission shall assess and collect a
7filing fee for filing a request that the commission act as a mediator under s. 111.11.
8The commission shall assess and collect a filing fee for filing a request that the
9commission initiate arbitration under s. 111.10. For the performance of commission
10actions under ss. 111.10 and 111.11, the commission shall require that the parties to
11the dispute equally share in the payment of the fee and, for the performance of
12commission actions involving a complaint alleging that an unfair labor practice has
13been committed under s. 111.06, the commission shall require that the party filing
14the complaint pay the entire fee. If
such a
any party has paid a filing fee requesting
15the commission to act as a mediator for a labor dispute and the parties do not enter
16into a voluntary settlement of the labor dispute, the commission may not
17subsequently assess or collect a filing fee to initiate arbitration to resolve the same
18labor dispute. If any request
for the performance of commission actions concerns
19issues arising as a result of more than one unrelated event or occurrence, each such
20separate event or occurrence shall be treated as a separate request.
The commission
21shall promulgate rules establishing a schedule of filing fees to be paid under this
22subsection, except that the commission may not require a filing fee that exceeds $225
23per request or case. Fees required to be paid under this subsection shall be paid at
24the time of filing the complaint or the request for
mediation or arbitration. A
25complaint or request for
mediation or arbitration is not filed until the date such fee
1or fees are paid. Fees collected under this subsection shall be
deposited as general
2purpose revenue—earned credited to the appropriation account under s. 20.425 (1)
3(i).
AB150-engrossed,1344,11
5111.10 Arbitration. Parties to a dispute pertaining to the meaning or
6application of the terms of a written collective bargaining agreement may agree in
7writing to have the commission serve as arbitrator. Parties to a labor dispute may
8agree in writing to have the commission act or name arbitrators in all or any part of
9such dispute, and thereupon the commission shall have the power so to act. The
10commission shall appoint as arbitrators only competent, impartial and disinterested
11persons. Proceedings in any such arbitration shall be as provided in ch. 788.
AB150-engrossed,1344,16
15111.115 Notice of certain proposed lockouts or strikes. (1) In this
16subsection:
AB150-engrossed,1344,2217
(a) "Lockout" means the barring of one or more employes from their
18employment in an establishment by an employer as a part of a labor dispute, which
19is not directly subsequent to a strike or other job action of a labor organization or
20group of employes of the employer, or which continues or occurs after the termination
21of a strike or other job action of a labor organization or group of employes of the
22employer.
AB150-engrossed,1345,223
(b) "Strike" includes any concerted stoppage of work by employes, and any
24concerted slowdown or other concerted interruption of operations or services by
1employes, or any concerted refusal of employes to work or perform their usual duties
2as employes, for the purpose of enforcing demands upon an employer.
AB150-engrossed,1345,10
3(2) If no collective bargaining agreement is in effect between the University of
4Wisconsin Hospitals and Clinics Authority and the recognized or certified
5representative of employes of that authority in a collective bargaining unit, the
6employer shall not engage in a lockout affecting employes in that collective
7bargaining unit without first giving 10 days' written notice to the representative of
8its intention to engage in a lockout, and the representative shall not engage in a
9strike without first giving 10 days' written notice to the employer of its intention to
10engage in a strike.
AB150-engrossed,1345,14
12111.17 Conflict of provisions; effect. Wherever the application of the
13provisions of other statutes or laws conflict with the application of the provisions of
14this subchapter, this subchapter shall prevail,
provided except that
in:
AB150-engrossed,1345,16
15(1) In any situation where the provisions of this subchapter cannot be validly
16enforced the provisions of such other statutes or laws shall apply.
AB150-engrossed,1346,418
111.17
(2) All fringe benefits authorized or required to be provided by the
19University of Wisconsin Hospitals and Clinics Authority to its employes under ch.
2040 shall be governed exclusively by ch. 40, except that where any provision of ch. 40
21specifically permits a collective bargaining agreement under this subchapter to
22govern the eligibility for or the application, cost or terms of a fringe benefit under ch.
2340, or provides that the eligibility for or the application, cost or terms of a fringe
24benefit under ch. 40 shall be governed by a collective bargaining agreement under
25this subchapter, a collective bargaining agreement may contain a provision so
1governing and such a provision supersedes any provision of ch. 40 with respect to the
2employes to whom the agreement applies. The employer is prohibited from engaging
3in collective bargaining concerning any matter governed exclusively by ch. 40 under
4this subsection.
AB150-engrossed,1346,106
111.32
(3) "Conviction record" includes, but is not limited to, information
7indicating that an individual has been convicted of any felony, misdemeanor or other
8offense, has been adjudicated delinquent, has been less than honorably discharged,
9or has been placed on probation
or community supervision, fined, imprisoned or
10paroled pursuant to any law enforcement or military authority.
AB150-engrossed,1346,1612
111.39
(2) In carrying out this subchapter the department and its duly
13authorized agents are empowered to hold hearings, subpoena witnesses, take
14testimony and make investigations in the manner provided in
ch. 101 s. 103.005. The
15department or its duly authorized agents may privilege witnesses testifying before
16them under the provisions of this subchapter against self-incrimination.
AB150-engrossed,1346,2518
111.39
(4) (d) The department shall serve a certified copy of the findings and
19order on the respondent, the order to have the same force as other orders of the
20department and be enforced as provided in
ch. 101
s. 103.005. Any person aggrieved
21by noncompliance with the order may have the order enforced specifically by suit in
22equity. If the examiner finds that the respondent has not engaged in discrimination,
23unfair honesty testing or unfair genetic testing as alleged in the complaint, the
24department shall serve a certified copy of the examiner's findings on the complainant
25together with an order dismissing the complaint.
AB150-engrossed,1347,8
2111.395 Judicial review. Findings and orders of the commission under this
3subchapter are subject to review under ch. 227. Orders of the commission shall have
4the same force as orders of the department under
ch. 101 chs. 103 to 106 and may
5be enforced as provided in s.
101.02 103.005 (11) and (12)
and (13) or specifically by
6a suit in equity. In any enforcement action the merits of any order of the commission
7are not subject to judicial review. Upon such review, or in any enforcement action,
8the department of justice shall represent the commission.
AB150-engrossed,1348,710
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
11obligation of a municipal employer, through its officers and agents, and the
12representatives representative of its
municipal employes
in a collective bargaining
13unit, to meet and confer at reasonable times, in good faith, with the intention of
14reaching an agreement, or to resolve questions arising under such an agreement,
15with respect to wages, hours and conditions of employment, and with respect to a
16requirement of the municipal employer for a municipal employe to perform law
17enforcement and fire fighting services under s. 61.66, except as provided in
sub. (4)
18(m) and (n) and s. 40.81 (3) and except that a municipal employer shall not meet and
19confer with respect to any proposal to diminish or abridge the rights guaranteed to
20municipal employes under ch. 164. The duty to bargain, however, does not compel
21either party to agree to a proposal or require the making of a concession. Collective
22bargaining includes the reduction of any agreement reached to a written and signed
23document. The
municipal employer shall not be required to bargain on subjects
24reserved to management and direction of the governmental unit except insofar as the
25manner of exercise of such functions affects the wages, hours and conditions of
1employment of the
municipal employes
in a collective bargaining unit. In creating
2this subchapter the legislature recognizes that the
public municipal employer must
3exercise its powers and responsibilities to act for the government and good order of
4the
municipality jurisdiction which it serves, its commercial benefit and the health,
5safety and welfare of the public to assure orderly operations and functions within its
6jurisdiction, subject to those rights secured to
public municipal employes by the
7constitutions of this state and of the United States and by this subchapter.
AB150-engrossed,1348,2010
111.70
(1) (dm) "Economic issue" means any issue that creates a new or
11increased financial liability upon the municipal employer, including salaries,
12overtime pay, sick leave, payments in lieu of sick leave usage, vacations, clothing
13allowances in excess of the actual cost of clothing, length-of-service credit,
14continuing education credit, shift premium pay, longevity pay, extra duty pay,
15performance bonuses, health insurance, life insurance, vacation pay, holiday pay,
16lead worker pay, temporary assignment pay, retirement contributions, severance or
17other separation pay, hazardous duty pay, certification or license payment, job
18security provisions, limitations on layoffs and contracting or subcontracting of work
19that would otherwise be performed by municipal employes in the collective
20bargaining unit with which there is a labor dispute.
AB150-engrossed,1348,2523
111.70
(1) (nc) 1. "Qualified economic offer" means an offer made to a labor
24organization by a municipal employer that includes all of the following, except as
25provided in subd. 2.:
AB150-engrossed,1349,7
1a. A proposal to maintain the percentage contribution by the municipal
2employer to the municipal employes' existing fringe benefit costs as determined
3under sub. (4) (cm) 8s., and to maintain all fringe benefits provided to the municipal
4employes in a collective bargaining unit, as such contributions and benefits existed
5on the 90th day prior to expiration of any previous collective bargaining agreement
6between the parties, or the 90th day prior to commencement of negotiations if there
7is no previous collective bargaining agreement between the parties.
AB150-engrossed,1350,98
b. In any collective bargaining unit in which the municipal employe positions
9were on August 12, 1993, assigned to salary ranges with steps that determine the
10levels of progression within each salary range during a 12-month period, a proposal
11to provide for a salary increase of at least one full step for each 12-month period
12covered by the proposed collective bargaining agreement, beginning with the
13expiration date of any previous collective bargaining agreement, for each municipal
14employe who is eligible for a within range salary increase, unless the increased cost
15of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds
162.1% of the total compensation and fringe benefit costs for all municipal employes in
17the collective bargaining unit for any 12-month period covered by the proposed
18collective bargaining agreement, or unless the increased cost required to maintain
19the percentage contribution by the municipal employer to the municipal employes'
20existing fringe benefit costs and to maintain all fringe benefits provided to the
21municipal employes, as determined under sub. (4) (cm) 8s., in addition to the
22increased cost of providing such a salary increase, exceeds 3.8% of the total
23compensation and fringe benefit costs for all municipal employes in the collective
24bargaining unit for any 12-month period covered by the proposed collective
25bargaining agreement, in which case the offer shall include provision for a salary
1increase for each such municipal employe in an amount at least equivalent to that
2portion of a step for each such 12-month period that can be funded after the
3increased cost in excess of 2.1% of the total compensation and fringe benefit costs for
4all municipal employes in the collective bargaining unit is subtracted, or in an
5amount equivalent to that portion of a step for each such 12-month period that can
6be funded from the amount that remains, if any, after the increased cost of such
7maintenance exceeding 1.7% of the total compensation and fringe benefit costs for
8all municipal employes in the collective bargaining unit for each 12-month period
9is subtracted on a prorated basis, whichever is the lower amount.
AB150-engrossed,1351,1410
c. A proposal to provide for an average salary increase for each 12-month
11period covered by the proposed collective bargaining agreement, beginning with the
12expiration date of any previous collective bargaining agreement, for the municipal
13employes in the collective bargaining unit at least equivalent to an average cost of
142.1% of the total compensation and fringe benefit costs for all municipal employes in
15the collective bargaining unit for each 12-month period covered by the proposed
16collective bargaining agreement, beginning with the expiration date of any previous
17collective bargaining agreement, including that percentage required to provide for
18any step increase and any increase due to a promotion or the attainment of increased
19professional qualifications, as determined under sub. (4) (cm) 8s., unless the
20increased cost of providing such a salary increase, as determined under sub. (4) (cm)
218s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal
22employes in the collective bargaining unit for any 12-month period covered by the
23proposed collective bargaining agreement, or unless the increased cost required to
24maintain the percentage contribution by the municipal employer to the municipal
25employes' existing fringe benefit costs and to maintain all fringe benefits provided
1to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the
2increased cost of providing such a salary increase, exceeds 3.8% of the total
3compensation and fringe benefit costs for all municipal employes in the collective
4bargaining unit for any 12-month period covered by the collective bargaining
5agreement, in which case the offer shall include provision for a salary increase for
6each such period for the municipal employes covered by the agreement at least
7equivalent to an average of that percentage, if any, for each such period of the
8prorated portion of 2.1% of the total compensation and fringe benefit costs for all
9municipal employes in the collective bargaining unit that remains, if any, after the
10increased cost of such maintenance exceeding 1.7% of the total compensation and
11fringe benefit costs for all municipal employes in the collective bargaining unit for
12each 12-month period and the cost of a salary increase of at least one full step for each
13municipal employe in the collective bargaining unit who is eligible for a within range
14salary increase for each 12-month period is subtracted from that total cost.
AB150-engrossed,1352,415
2. "Qualified economic offer" may include a proposal to provide for an average
16salary decrease for any 12-month period covered by a proposed collective bargaining
17agreement, beginning with the expiration date of any previous collective bargaining
18agreement, for the municipal employes covered by the agreement, in an amount
19equivalent to the average percentage increased cost of maintenance of the
20percentage contribution by the municipal employer to the municipal employes'
21existing fringe benefit costs, as determined under sub. (4) (cm) 8s., and the average
22percentage increased cost of maintenance of all fringe benefits provided to the
23municipal employes represented by a labor organization, as such costs and benefits
24existed on the 90th day prior to commencement of negotiations, exceeding 3.8% of the
25total compensation and fringe benefit costs for all municipal employes in the
1collective bargaining unit required for maintenance of those contributions and
2benefits for that 12-month period if the increased cost of maintenance of those costs
3and benefits exceeds 3.8% of the total compensation and fringe benefit costs for all
4municipal employes in the collective bargaining unit for that 12-month period.
AB150-engrossed,1352,96
111.70
(1) (ne) "School district professional employe" means a municipal
7employe who is
a professional employe and who is employed
by to perform services
8for a school district
, who holds a license issued by the state superintendent of public
9instruction under s. 115.28 (7), and whose employment requires that license.
AB150-engrossed,1352,2112
111.70
(1) (nm) "Strike" includes any strike or other concerted stoppage of work
13by municipal employes, and any concerted slowdown or other concerted interruption
14of operations or services by municipal employes, or any concerted refusal to work or
15perform their usual duties as municipal employes, for the purpose of enforcing
16demands upon a municipal employer. Such conduct by municipal employes which
17is not authorized or condoned by a labor organization constitutes a "strike", but does
18not subject such labor organization to the penalties under this subchapter. This
19paragraph does not apply to collective bargaining units composed of municipal
20employes of any county or municipal employes who are engaged in law enforcement
21or fire fighting functions.
AB150-engrossed,1353,1523
111.70
(3) (a) 4. To refuse to bargain collectively with a representative of a
24majority of its employes in an appropriate collective bargaining unit. Such refusal
25shall include action by the employer to issue or seek to obtain contracts, including
1those provided for by statute, with individuals in the collective bargaining unit while
2collective bargaining, mediation or fact-finding concerning the terms and conditions
3of a new collective bargaining agreement is in progress, unless such individual
4contracts contain express language providing that the contract is subject to
5amendment by a subsequent collective bargaining agreement. Where the employer
6has a good faith doubt as to whether a labor organization claiming the support of a
7majority of its employes in an appropriate bargaining unit does in fact have that
8support, it may file with the commission a petition requesting an election to that
9claim. An employer shall not be deemed to have refused to bargain until an election
10has been held and the results thereof certified to the employer by the commission.
11The violation shall include, though not be limited thereby, to the refusal to execute
12a collective bargaining agreement previously agreed upon.
A violation also includes
13a failure to advise a labor organization whether the municipal employer accepts or
14rejects a fact-finder's recommendations under sub. (4) (ce) 2. The term of any
15collective bargaining agreement shall not exceed 3 years.
AB150-engrossed,1353,1918
111.70
(3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
19lawfully made under sub. (4) (cm).
AB150-engrossed,1354,321
111.70
(3) (b) 3. To refuse to bargain collectively with the duly authorized officer
22or agent of a municipal employer, provided it is the recognized or certified exclusive
23collective bargaining representative of employes in an appropriate collective
24bargaining unit. Such refusal to bargain shall include, but not be limited to, the
25refusal to execute a collective bargaining agreement previously agreed upon.
A
1violation also includes a failure by a labor organization to advise a municipal
2employer whether it accepts or rejects a fact-finder's recommendations under sub.
3(4) (ce) 2.