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.
AB150-engrossed,1354,76
111.70
(3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
7lawfully made under sub. (4) (cm).
AB150-engrossed,1354,129
111.70
(3) (b) 7. In the case of municipal employes of a county, other than those
10engaged in law enforcement or fire fighting functions, to engage in, or induce or
11encourage any municipal employes to engage in a strike or other concerted refusal
12to perform their usual duties as municipal employes.
AB150-engrossed,1354,1514
111.70
(4) (c) (title)
Methods for peaceful settlement of disputes; law enforcement
15and fire fighting personnel.
AB150-engrossed,1354,1918
111.70
(4) (c) 4. `Applicability.' This paragraph applies only to municipal
19employes who are engaged in law enforcement or fire fighting functions.
AB150-engrossed,1355,321
111.70
(4) (ce)
Methods for peaceful settlement of disputes; nonprotective county
22employes. 1. `Mediation.' The commission may function as a mediator in any labor
23dispute. Such mediation may be carried on by a person designated to act by the
24commission upon request of one or both of the parties or upon initiation of the
25commission. The function of the mediator shall be to bring the parties together
1voluntarily under such favorable auspices as will tend to effectuate settlement of the
2dispute, but neither the commission nor a mediator shall have the power of
3compulsion.
AB150-engrossed,1355,74
2. `Fact-finding.' a. If a dispute has not been settled after a reasonable period
5of negotiation and after the settlement procedures, if any, established by the parties
6have been exhausted, the parties jointly may petition the commission, in writing, to
7initiate fact-finding and to make recommendations to resolve the dispute.
AB150-engrossed,1355,138
b. Upon receipt of a petition to initiate fact-finding, the commission shall make
9an investigation with or without a formal hearing, to determine whether a deadlock
10exists. After its investigation the commission shall certify the results thereof. If the
11commission certifies that a deadlock exists, it shall appoint a qualified, disinterested
12person or, if jointly requested by the parties, a 3-member panel to function as a fact
13finder.
AB150-engrossed,1355,2214
c. The fact finder may establish dates and places of hearings, and shall conduct
15the hearings pursuant to rules established by the commission. Upon request, the
16commission shall issue subpoenas for hearings conducted by the fact finder. The fact
17finder may administer oaths. Upon completion of the hearing, the fact finder shall
18make written findings of fact and recommendations for resolution of the dispute and
19shall cause them to be served on the parties and the commission. Costs of
20fact-finding proceedings shall be divided equally between the parties. At the time
21the fact finder submits a statement of his or her costs to the parties, the fact finder
22shall submit a copy thereof to the commission at its Madison office.
AB150-engrossed,1355,2423
d. Any fact finder may endeavor to mediate the dispute in which the fact finder
24is involved at any time prior to the issuance of the fact finder's recommendations.
AB150-engrossed,1356,5
1e. Within the time period mutually agreed upon by the parties, or if no time
2period is agreed to within 30 days after receipt of the fact-finder's recommendations,
3each party shall advise the other, in writing, as to its acceptance or rejection, in whole
4or in part, of the fact finder's recommendations and, at the same time, transmit a
5copy of such notice to the commission at its Madison office.
AB150-engrossed,1356,116
3. `Remedies in event of strike.' Upon establishing that a strike is in progress,
7the employer may either seek an injunction or file a prohibited practice charge with
8the commission under sub. (3) (b) 7. or both. The existence of an administrative
9remedy does not constitute grounds for denial of injunctive relief. The occurrence of
10a strike and the participation therein by municipal employes do not affect the rights
11of the municipal employer, in law or in equity, to deal with the strike, including:
AB150-engrossed,1356,1312
a. The right to impose discipline, including discharge, or suspension without
13pay, of any municipal employe participating in the strike.
AB150-engrossed,1356,1514
b. The right to cancel the reinstatement eligibility of any municipal employe
15engaging in the strike.
AB150-engrossed,1356,1816
c. The right of the municipal employer to request the imposition of fines, either
17against the labor organization or against any municipal employe engaging in the
18strike, or to sue for damages because of such strike activity.
AB150-engrossed,1356,2119
4. `Application.' This paragraph applies only to municipal employes of a county,
20other than municipal employes who are engaged in law enforcement or fire fighting
21functions.
AB150-engrossed,1357,824
111.70
(4) (cm)
Methods for peaceful settlement of disputes; other personnel. 1.
25`Notice of commencement of contract negotiations.' For the purpose of advising the
1commission of the commencement of contract negotiations, whenever either party
2requests the other to reopen negotiations under a binding collective bargaining
3agreement, or the parties otherwise commence negotiations if no such agreement
4exists, the party requesting negotiations shall immediately notify the commission in
5writing. Upon failure of the requesting party to provide such notice, the other party
6may so notify the commission. The notice shall specify the expiration date of the
7existing collective bargaining agreement, if any, and shall set forth any additional
8information the commission may require on a form provided by the commission.
AB150-engrossed,1357,159
2. `Presentation of initial proposals; open meetings.' The meetings between
10parties to a collective bargaining agreement or proposed collective bargaining
11agreement under this subchapter which are held for the purpose of presenting initial
12bargaining proposals, along with supporting rationale, shall be open to the public.
13Each party shall submit its initial bargaining proposals to the other party in writing.
14Failure to comply with this subdivision is not cause to invalidate a collective
15bargaining agreement under this subchapter.
AB150-engrossed,1357,2016
3. `Mediation.' The commission or its designee shall function as mediator in
17labor disputes involving municipal employes upon request of one or both of the
18parties, or upon initiation of the commission. The function of the mediator shall be
19to encourage voluntary settlement by the parties. No mediator has the power of
20compulsion.
AB150-engrossed,1357,2521
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
22application of the terms of a written collective bargaining agreement may agree in
23writing to have the commission or any other appropriate agency serve as arbitrator
24or may designate any other competent, impartial and disinterested person to so
25serve.
AB150-engrossed,1358,9
15. `Voluntary impasse resolution procedures.' In addition to the other impasse
2resolution procedures provided in this paragraph, a municipal employer and labor
3organization may at any time, as a permissive subject of bargaining, agree in writing
4to a dispute settlement procedure, including authorization for a strike by municipal
5employes or binding interest arbitration, which is acceptable to the parties for
6resolving an impasse over terms of any collective bargaining agreement under this
7subchapter. A copy of such agreement shall be filed by the parties with the
8commission. If the parties agree to any form of binding interest arbitration, the
9arbitrator shall give weight to the factors enumerated under subd. 7.
AB150-engrossed,1359,1710
5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of
11school district professional employes, the municipal employer or the labor
12organization may petition the commission to determine whether the municipal
13employer has submitted a qualified economic offer. The commission shall appoint an
14investigator for that purpose. If the investigator finds that the municipal employer
15has submitted a qualified economic offer, the investigator shall determine whether
16a deadlock exists between the parties with respect to all economic issues. If the
17municipal employer submits a qualified economic offer applicable to any period
18beginning on or after July 1, 1993, no economic issues are subject to interest
19arbitration under subd. 6. for that period. In such a collective bargaining unit,
20economic issues concerning the wages, hours or conditions of employment of the
21school district professional employes in the unit for any period prior to July 1, 1993,
22are subject to interest arbitration under subd. 6. for that period. In such a collective
23bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993,
24are subject to interest arbitration after the parties have reached agreement and
25stipulate to agreement on all economic issues concerning the wages, hours or
1conditions of employment of the school district professional employes in the unit for
2that period. In such a collective bargaining unit, if the commission's investigator
3finds that the municipal employer has submitted a qualified economic offer and that
4a deadlock exists between the parties with respect to all economic issues, the parties
5are deemed to have stipulated to the inclusion in a new or revised collective
6bargaining agreement of all provisions of any predecessor collective bargaining
7agreement concerning economic issues, or of all provisions of any existing collective
8bargaining agreement concerning economic issues if the parties have reopened
9negotiations under an existing agreement, as modified by the terms of the qualified
10economic offer and as otherwise modified by the parties. In such a collective
11bargaining unit, a municipal employer that unilaterally implements the terms of a
12stipulation under this subdivision does not violate sub. (3) (a) 4. Any such unilateral
13implementation after August 11, 1993, operates as a full, final and complete
14settlement of all economic issues between the parties for the period included within
15the qualified economic offer. The failure of a labor organization to recognize the
16validity of such a lawful qualified economic offer does not affect the obligation of the
17municipal employer to submit economic issues to arbitration under subd. 6.
AB150-engrossed,1360,918
6. `Interest arbitration.' a. If in any collective bargaining unit a dispute
19relating to one or more issues, qualifying for interest arbitration under subd. 5s. in
20a collective bargaining unit to which subd. 5s. applies, has not been settled after a
21reasonable period of negotiation and after mediation by the commission under subd.
223. and other settlement procedures, if any, established by the parties have been
23exhausted, and the parties are deadlocked with respect to any dispute between them
24over wages, hours and conditions of employment to be included in a new collective
25bargaining agreement, either party, or the parties jointly, may petition the
1commission, in writing, to initiate compulsory, final and binding arbitration, as
2provided in this paragraph. At the time the petition is filed, the petitioning party
3shall submit in writing to the other party and the commission its preliminary final
4offer containing its latest proposals on all issues in dispute. Within 14 calendar days
5after the date of that submission, the other party shall submit in writing its
6preliminary final offer on all disputed issues to the petitioning party and the
7commission. If a petition is filed jointly, both parties shall exchange their
8preliminary final offers in writing and submit copies to the commission at the time
9the petition is filed.
AB150-engrossed,1362,210
am. Upon receipt of a petition to initiate arbitration, the commission shall
11make an investigation, with or without a formal hearing, to determine whether
12arbitration should be commenced. If in determining whether an impasse exists the
13commission finds that the procedures set forth in this paragraph have not been
14complied with and such compliance would tend to result in a settlement, it may order
15such compliance before ordering arbitration. The validity of any arbitration award
16or collective bargaining agreement shall not be affected by failure to comply with
17such procedures. Prior to the close of the investigation each party shall submit in
18writing to the commission its single final offer containing its final proposals on all
19issues in dispute that are subject to interest arbitration under this subdivision or
20under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party
21fails to submit a single, ultimate final offer, the commission shall close the
22investigation based on the last written position of the party. The municipal employer
23may not submit a qualified economic offer under subd. 5s. after the close of the
24investigation. Such final offers may include only mandatory subjects of bargaining,
25except that a permissive subject of bargaining may be included by a party if the other
1party does not object and shall then be treated as a mandatory subject. No later than
2such time, the parties shall also submit to the commission a stipulation, in writing,
3with respect to all matters which are agreed upon for inclusion in the new or
4amended collective bargaining agreement. The commission, after receiving a report
5from its investigator and determining that arbitration should be commenced, shall
6issue an order requiring arbitration and immediately submit to the parties a list of
77 arbitrators. Upon receipt of such list, the parties shall alternately strike names
8until a single name is left, who shall be appointed as arbitrator. The petitioning party
9shall notify the commission in writing of the identity of the arbitrator selected. Upon
10receipt of such notice, the commission shall formally appoint the arbitrator and
11submit to him or her the final offers of the parties. The final offers shall be considered
12public documents and shall be available from the commission. In lieu of a single
13arbitrator and upon request of both parties, the commission shall appoint a tripartite
14arbitration panel consisting of one member selected by each of the parties and a
15neutral person designated by the commission who shall serve as a chairperson. An
16arbitration panel has the same powers and duties as provided in this section for any
17other appointed arbitrator, and all arbitration decisions by such panel shall be
18determined by majority vote. In lieu of selection of the arbitrator by the parties and
19upon request of both parties, the commission shall establish a procedure for
20randomly selecting names of arbitrators. Under the procedure, the commission shall
21submit a list of 7 arbitrators to the parties. Each party shall strike one name from
22the list. From the remaining 5 names, the commission shall randomly appoint an
23arbitrator. Unless both parties to an arbitration proceeding otherwise agree in
24writing, every individual whose name is submitted by the commission for
25appointment as an arbitrator shall be a resident of this state at the time of
1submission and every individual who is designated as an arbitration panel
2chairperson shall be a resident of this state at the time of designation.
AB150-engrossed,1362,133
b. The arbitrator shall, within 10 days of his or her appointment, establish a
4date and place for the conduct of the arbitration hearing. Upon petition of at least
55 citizens of the jurisdiction served by the municipal employer, filed within 10 days
6after the date on which the arbitrator is appointed, the arbitrator shall hold a public
7hearing in the jurisdiction for the purpose of providing the opportunity to both
8parties to explain or present supporting arguments for their positions and to
9members of the public to offer their comments and suggestions. The final offers of
10the parties, as transmitted by the commission to the arbitrator, shall serve as the
11basis for continued negotiations, if any, between the parties with respect to the issues
12in dispute. At any time prior to the arbitration hearing, either party, with the consent
13of the other party, may modify its final offer in writing.
AB150-engrossed,1362,2314
c. Prior to the arbitration hearing, either party may, within a time limit
15established by the arbitrator, withdraw its final offer and mutually agreed upon
16modifications thereof, if any, and shall immediately provide written notice of such
17withdrawal to the other party, the arbitrator and the commission. If both parties
18withdraw their final offers and mutually agreed upon modifications, the labor
19organization, after giving 10 days' written advance notice to the municipal employer
20and the commission, may strike. Unless both parties withdraw their final offers and
21mutually agreed upon modifications, the final offer of neither party shall be deemed
22withdrawn and the arbitrator shall proceed to resolve the dispute by final and
23binding arbitration as provided in this paragraph.
AB150-engrossed,1363,1124
d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
25her own motion or at the request of either party, conduct a meeting open to the public
1for the purpose of providing the opportunity to both parties to explain or present
2supporting arguments for their complete offer on all matters to be covered by the
3proposed agreement. The arbitrator shall adopt without further modification the
4final offer of one of the parties on all disputed issues submitted under subd. 6. am.,
5except those items that the commission determines not to be mandatory subjects of
6bargaining and those items which have not been treated as mandatory subjects by
7the parties, and including any prior modifications of such offer mutually agreed upon
8by the parties under subd. 6. b., which decision shall be final and binding on both
9parties and shall be incorporated into a written collective bargaining agreement.
10The arbitrator shall serve a copy of his or her decision on both parties and the
11commission.
AB150-engrossed,1363,1312
e. Arbitration proceedings shall not be interrupted or terminated by reason of
13any prohibited practice complaint filed by either party at any time.
AB150-engrossed,1363,1614
f. The costs of arbitration shall be divided equally between the parties. The
15arbitrator shall submit a statement of his or her costs to both parties and to the
16commission.
AB150-engrossed,1363,2417
g. If a question arises as to whether any proposal made in negotiations by either
18party is a mandatory, permissive or prohibited subject of bargaining, the commission
19shall determine the issue pursuant to par. (b). If either party to the dispute petitions
20the commission for a declaratory ruling under par. (b), the proceedings under subd.
216. c. and d. shall be delayed until the commission renders a decision in the matter,
22but not during any appeal of the commission order. The arbitrator's award shall be
23made in accordance with the commission's ruling, subject to automatic amendment
24by any subsequent court reversal thereof.
AB150-engrossed,1364,3
17. `Factors considered.' In making any decision under the arbitration
2procedures authorized by this paragraph, the arbitrator shall give weight to the
3following factors:
AB150-engrossed,1364,44
a. The lawful authority of the municipal employer.
AB150-engrossed,1364,55
b. Stipulations of the parties.
AB150-engrossed,1364,76
c. The interests and welfare of the public and the financial ability of the unit
7of government to meet the costs of any proposed settlement.
AB150-engrossed,1364,108
d. Comparison of wages, hours and conditions of employment of the municipal
9employes involved in the arbitration proceedings with the wages, hours and
10conditions of employment of other employes performing similar services.
AB150-engrossed,1364,1411
e. Comparison of the wages, hours and conditions of employment of the
12municipal employes involved in the arbitration proceedings with the wages, hours
13and conditions of employment of other employes generally in public employment in
14the same community and in comparable communities.
AB150-engrossed,1364,1815
f. Comparison of the wages, hours and conditions of employment of the
16municipal employes involved in the arbitration proceedings with the wages, hours
17and conditions of employment of other employes in private employment in the same
18community and in comparable communities.
AB150-engrossed,1364,2019
g. The average consumer prices for goods and services, commonly known as the
20cost of living.
AB150-engrossed,1364,2421
h. The overall compensation presently received by the municipal employes,
22including direct wage compensation, vacation, holidays and excused time, insurance
23and pensions, medical and hospitalization benefits, the continuity and stability of
24employment, and all other benefits received.
AB150-engrossed,1365,3
1hm. Any state law or directive lawfully issued by a state legislative or
2administrative officer, body or agency which places limitations on expenditures that
3may be made or revenues that may be collected by a municipal employer.
AB150-engrossed,1365,54
i. Changes in any of the foregoing circumstances during the pendency of the
5arbitration proceedings.
AB150-engrossed,1365,106
j. Such other factors, not confined to the foregoing, which are normally or
7traditionally taken into consideration in the determination of wages, hours and
8conditions of employment through voluntary collective bargaining, mediation,
9fact-finding, arbitration or otherwise between the parties, in the public service or in
10private employment.
AB150-engrossed,1365,1211
8. `Rule making.' The commission shall adopt rules for the conduct of all
12arbitration proceedings under subd. 6., including, but not limited to, rules for:
AB150-engrossed,1365,1413
a. The appointment of tripartite arbitration panels when requested by the
14parties.
AB150-engrossed,1365,1615
b. The expeditious rendering of arbitration decisions, such as waivers of briefs
16and transcripts.
AB150-engrossed,1365,1817
c. The removal of individuals who have repeatedly failed to issue timely
18decisions from the commission's list of qualified arbitrators.
AB150-engrossed,1365,1919
d. Proceedings for the enforcement of arbitration decisions.
AB150-engrossed,1366,220
8m. `Term of agreement; reopening of negotiations.' a. Except for the initial
21collective bargaining agreement between the parties and except as the parties
22otherwise agree, every collective bargaining agreement covering municipal
23employes subject to this paragraph other than school district professional employes
24shall be for a term of 2 years. No collective bargaining agreement for any collective
1bargaining unit consisting of municipal employes subject to this paragraph other
2than school district professional employes shall be for a term exceeding 3 years.
AB150-engrossed,1366,93
b. Except for the initial collective bargaining agreement between the parties,
4every collective bargaining agreement covering municipal employes who are school
5district professional employes shall be for a term of 2 years expiring on June 30 of
6the odd-numbered year. An initial collective bargaining agreement between parties
7covering municipal employes who are school district professional employes shall be
8for a term ending on June 30 following the effective date of the agreement, if that date
9is in an odd-numbered year, or otherwise on June 30 of the following year.
AB150-engrossed,1366,1510
c. No arbitration award may contain a provision for reopening of negotiations
11during the term of a collective bargaining agreement, unless both parties agree to
12such a provision. The requirement for agreement by both parties does not apply to
13a provision for reopening of negotiations with respect to any portion of an agreement
14that is declared invalid by a court or administrative agency or rendered invalid by
15the enactment of a law or promulgation of a federal regulation.
AB150-engrossed,1367,316
8p. `Professional school employe salaries.' In every collective bargaining unit
17covering municipal employes who are school district professional employes in which
18the municipal employe positions were, on the effective date of this subdivision ....
19[revisor inserts date], assigned to salary ranges with steps that determine the levels
20of progression within each salary range, unless the parties otherwise agree, no new
21or modified collective bargaining agreement may contain any provision altering the
22salary range structure, the number of steps or the requirements for attaining a step
23or assignment of a position to a salary range, except that if the cost of funding the
24attainment of a step is greater than the amount required for the municipal employer
25to submit a qualified economic offer, the agreement may contain a provision altering
1the requirements for attaining a step to no greater extent than is required for the
2municipal employer to submit a qualified economic offer at the minimum possible
3cost to the municipal employer.
AB150-engrossed,1367,244
8s. `Forms for determining costs.' The commission shall prescribe forms for
5calculating the total increased cost to the municipal employer of compensation and
6fringe benefits provided to school district professional employes. The cost shall be
7determined based upon the total cost of compensation and fringe benefits provided
8to school district professional employes who are represented by a labor organization
9on the 90th day before expiration of any previous collective bargaining agreement
10between the parties, or who were so represented if the effective date is retroactive,
11or the 90th day prior to commencement of negotiations if there is no previous
12collective bargaining agreement between the parties, without regard to any change
13in the number, rank or qualifications of the school district professional employes. For
14purposes of such determinations, any cost increase that is incurred on any day other
15than the beginning of the 12-month period commencing with the effective date of the
16agreement or any succeeding 12-month period commencing on the anniversary of
17that effective date shall be calculated as if the cost increase were incurred as of the
18beginning of the 12-month period beginning on the effective date or anniversary of
19the effective date in which the cost increase is incurred. In each collective bargaining
20unit to which subd. 5s. applies, the municipal employer shall transmit to the
21commission and the labor organization a completed form for calculating the total
22increased cost to the municipal employer of compensation and fringe benefits
23provided to the school district professional employes covered by the agreement as
24soon as possible after the effective date of the agreement.
AB150-engrossed,1368,2
19. `Application.' a. Chapter 788 does not apply to arbitration proceedings under
2this paragraph.
AB150-engrossed,1368,53
b. This paragraph does not apply to labor disputes involving municipal
4employes of any county or municipal employes who are engaged in law enforcement
5or fire fighting functions.
AB150-engrossed,1368,158
111.70
(4) (cn)
Term of professional school employe agreements. Except for the
9initial collective bargaining agreement between the parties, every collective
10bargaining agreement covering municipal employes who are school district
11professional employes shall be for a term of 2 years expiring on June 30 of the
12odd-numbered year. An initial collective bargaining agreement between parties
13covering municipal employes who are school district professional employes shall be
14for a term ending on June 30 following the effective date of the agreement, if that date
15is in an odd-numbered year, or otherwise on June 30 of the following year.
AB150-engrossed,1369,2017
111.70
(4) (d) 2. a. The commission shall determine the appropriate
collective 18bargaining unit for the purpose of collective bargaining and shall whenever possible
,
19unless otherwise required under this subchapter, avoid fragmentation by
20maintaining as few
collective bargaining units as practicable in keeping with the size
21of the total municipal work force. In making such a determination, the commission
22may decide whether, in a particular case, the
municipal employes in the same or
23several departments, divisions, institutions, crafts, professions or other
24occupational groupings constitute a
collective bargaining unit. Before making its
25determination, the commission may provide an opportunity for the
municipal
1employes concerned to determine, by secret ballot, whether or not they desire to be
2established as a separate collective bargaining unit. The commission shall not
3decide, however, that any
unit is group of municipal employes constitutes an 4appropriate
collective bargaining unit if the
unit group includes both
municipal
5employes who are school district professional employes and municipal employes who
6are not school district professional employes. The commission shall not decide that
7any other group of municipal employes constitutes an appropriate collective
8bargaining unit if the group includes both professional employes and
9nonprofessional employes, unless a majority of the professional employes vote for
10inclusion in the unit. The commission shall not decide that any
unit is group of
11municipal employes constitutes an appropriate
collective bargaining unit if the
unit 12group includes both craft
employes and noncraft employes unless a majority of the
13craft employes vote for inclusion in the unit.
The commission shall place the
14professional employes who are assigned to perform any services at a charter school,
15as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
16includes any other professional employes whenever at least 30% of those
17professional employes request an election to be held to determine that issue and a
18majority of the professional employes at the charter school who cast votes in the
19election decide to be represented in a separate collective bargaining unit. Any vote
20taken under this subsection shall be by secret ballot.
AB150-engrossed,1370,223
111.70
(4) (L)
Strikes prohibited. Except as authorized under par. (cm) 5. and
246. c., nothing contained in this subchapter constitutes a grant of the right to strike
25by any municipal employe or labor organization, and such strikes are hereby
1expressly prohibited. Paragraph (cm) does not authorize any strike after an
2injunction has been issued against such strike under sub. (7m).