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).
AB150-engrossed,1370,54
111.70
(4) (m)
Prohibited subjects of bargaining. In a school district, the
5municipal employer is prohibited from bargaining collectively with respect to:
AB150-engrossed,1370,116
1. Reassignment of municipal employes who perform services for a board of
7school directors under ch. 119, with or without regard to seniority, as a result of a
8decision of the board of school directors to contract with an individual or group to
9operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school
10to a charter school, or the impact of any such reassignment on the wages, hours or
11conditions of employment of the municipal employes who perform those services.
AB150-engrossed,1370,1612
2. Reassignment of municipal employes who perform services for a board of
13school directors, with or without regard to seniority, as a result of the decision of the
14board to close or reopen a school under s. 119.18 (23), or the impact of any such
15reassignment on the wages, hours or conditions of employment of the municipal
16employes who perform those services.
AB150-engrossed,1370,2017
4. Any decision of a board of school directors to contract with a school or agency
18to provide educational programs under s. 119.235, or the impact of any such decision
19on the wages, hours or conditions of employment of the municipal employes who
20perform services for the board.
AB150-engrossed,1370,2521
5. Any decision of a school board or board of school directors to contract for the
22establishment of a charter school under s. 118.40, in which one or more of the
23employes of the charter school is not a school district employe, or the impact of any
24such decision on the wages, hours or conditions of employment of the municipal
25employes who perform services for the school board or board of school directors.
AB150-engrossed,1371,52
111.70
(4) (n)
Permissive subjects of collective bargaining. The municipal
3employer is not required to bargain collectively with the representative of a collective
4bargaining unit consisting of school district professional employes with respect to the
5identity of any group health care benefits provider.
AB150-engrossed,1371,1110
111.70
(7) (b) This subsection applies only to municipal employes who are
11engaged in law enforcement or fire fighting functions.
AB150-engrossed,1371,2014
111.70
(7m) Injunctive relief; penalties; civil liability. (a)
Injunction;
15prohibited strike. At any time after the commencement of a strike which is prohibited
16under sub. (4) (L), the municipal employer or any citizen directly affected by such
17strike may petition the circuit court for an injunction to immediately terminate the
18strike. If the court determines that the strike is prohibited under sub. (4) (L), it shall
19issue an order immediately enjoining the strike, and in addition shall impose the
20penalties provided in par. (c).
AB150-engrossed,1372,721
(b)
Injunction; threat to public health or safety. At any time after a labor
22organization gives advance notice of a strike under sub. (4) (cm) which is expressly
23authorized under sub. (4) (cm), the municipal employer or any citizen directly
24affected by such strike may petition the circuit court to enjoin the strike. If the court
25finds that the strike poses an imminent threat to the public health or safety, the court
1shall, within 48 hours after the receipt of the petition but after notice to the parties
2and after holding a hearing, issue an order immediately enjoining the strike, and in
3addition shall order the parties to submit a new final offer on all disputed issues to
4the commission for final and binding arbitration as provided in sub. (4) (cm). The
5commission, upon receipt of the final offers of the parties, shall transmit them to the
6arbitrator or a successor designated by the commission. The arbitrator shall omit
7preliminary steps and shall commence immediately to arbitrate the dispute.
AB150-engrossed,1372,148
(c)
Penalties. 1. `Labor organizations.' a. Any labor organization which
9violates sub. (4) (L) shall be penalized by the suspension of any dues check-off
10agreement and fair-share agreement between the municipal employer and such
11labor organization for a period of one year. At the end of the period of suspension,
12any such agreement shall be reinstated unless the labor organization is no longer
13authorized to represent the municipal employes covered by such dues check-off or
14fair-share agreement or the agreement is no longer in effect.
AB150-engrossed,1372,1715
b. Any labor organization which violates sub. (4) (L) after an injunction has
16been issued shall be required to forfeit $2 per member per day, but not more than
17$10,000 per day. Each day of continued violation constitutes a separate offense.
AB150-engrossed,1372,2518
2. `Individuals.' Any individual who violates sub. (4) (L) after an injunction
19against a strike has been issued shall be fined $10. Each day of continued violation
20constitutes a separate offense. After the injunction has been issued, any municipal
21employe who is absent from work because of purported illness is presumed to be on
22strike unless the illness is verified by a written report from a physician to the
23municipal employer. The court shall order that any fine imposed under this
24subdivision be paid by means of a salary deduction at a rate to be determined by the
25court.
AB150-engrossed,1373,5
13. `Strike in violation of award.' Any person who authorizes or otherwise
2participates in a strike after the issuance of any final and binding arbitration award
3or decision under sub. (4) (cm) and prior to the end of the term of the agreement which
4the award or decision amends or creates shall forfeit not less than $15. Each day of
5continued violation constitutes a separate offense.
AB150-engrossed,1373,76
4. `Contempt of court.' The penalties provided in this paragraph do not preclude
7the imposition by the court of any penalty for contempt provided by law.
AB150-engrossed,1373,108
(d)
Compensation forfeited. No municipal employe may be paid wages or
9salaries by the municipal employer for the period during which he or she engages in
10any strike.
AB150-engrossed,1373,1511
(e)
Civil liability. Any party refusing to include an arbitration award or
12decision under sub. (4) (cm) in a written collective bargaining agreement or failing
13to implement the award or decision, unless good cause is shown, shall be liable for
14attorney fees, interest on delayed monetary benefits, and other costs incurred in any
15action by the nonoffending party to enforce the award or decision.
AB150-engrossed,1373,1816
(f)
Application. This subsection does not apply to strikes involving municipal
17employes of any county or municipal employes who are engaged in law enforcement
18or fire fighting functions.
AB150-engrossed,1373,2521
111.70
(8) (a) This section, except subs. (1) (nm), (4) (cm) and (7m), applies to
22law enforcement supervisors employed by a 1st class city. This section, except subs.
23(1) (nm), (4) (cm) and (jm) and (7m), applies to law enforcement supervisors employed
24by a county having a population of 500,000 or more. For purposes of such application,
25the term "municipal employe" includes such a supervisor.
AB150-engrossed,1374,112
111.71
(1) The commission may adopt reasonable rules relative to the exercise
3of its powers and authority and proper rules to govern its proceedings and to regulate
4the conduct of all elections and hearings. The commission shall, upon request,
5provide a transcript of a proceeding to any party to the proceeding for a fee
6prescribed, established by rule, by the commission at a uniform rate
of not less than
760 cents per page. All transcript fees shall be
deposited into the general fund credited
8to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess
9of
60 cents the uniform rate per page for any transcript produced by a reporter who
10is not employed by the commission shall be
deposited under credited to the
11appropriation
in account under s. 20.425 (1) (g).
AB150-engrossed,1374,2514
111.71
(2) The commission shall assess and collect a filing fee of $25 from the
15party or parties filing a complaint alleging that a prohibited practice has been
16committed under s. 111.70 (3). The commission shall assess and collect a filing fee
17of $25 from the party or parties filing a request that the commission act as an
18arbitrator to resolve a dispute involving the interpretation or application of a
19collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4. If such a request
20concerns issues arising as a result of more than one unrelated event or occurrence,
21each such separate event or occurrence shall be treated as a separate request. Fees
22required to be paid under this subsection shall be paid at the time of filing the
23complaint or the request for arbitration. A complaint or request for arbitration is not
24filed until the date such fee or fees are paid. Fees collected under this subsection
25shall be deposited as general purpose revenue-earned.
AB150-engrossed,1376,113
111.71
(2) The commission shall assess and collect a filing fee for filing a
4complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
5The commission shall assess and collect a filing fee for filing a request that the
6commission act as an arbitrator to resolve a dispute involving the interpretation or
7application of a collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4.
8The commission shall assess and collect a filing fee for filing a request that the
9commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
10assess and collect a filing fee for filing a request that the commission act as a
11mediator under s. 111.70 (4) (c) 1. The commission shall assess and collect a filing
12fee for filing a request that the commission initiate compulsory, final and binding
13arbitration under s. 111.70 (4) (jm) or 111.77 (3). For the performance of commission
14actions under ss. 111.70 (4) (c) 1., 2. and 3., (jm) and 111.77 (3), the commission shall
15require that the parties to the dispute equally share in the payment of the fee and,
16for the performance of commission actions involving a complaint alleging that a
17prohibited practice has been committed under s. 111.70 (3), the commission shall
18require that the party filing the complaint pay the entire fee. If any party has paid
19a filing fee requesting the commission to act as a mediator for a labor dispute and the
20parties do not enter into a voluntary settlement of the dispute, the commission may
21not subsequently assess or collect a filing fee to initiate fact-finding or arbitration
22to resolve the same labor dispute. If any request for the performance of commission
23actions concerns issues arising as a result of more than one unrelated event or
24occurrence, each such separate event or occurrence shall be treated as a separate
25request. The commission shall promulgate rules establishing a schedule of filing fees
1to be paid under this subsection, except that the commission may not require a filing
2fee that exceeds $225 per request or case. Fees required to be paid under this
3subsection shall be paid at the time of filing the complaint or the request for
4fact-finding, mediation or arbitration. A complaint or request for fact-finding,
5mediation or arbitration is not filed until the date such fee or fees are paid, except
6that the failure of the respondent party to pay the filing fee for having the
7commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (jm)
8or 111.77 (3) shall not prohibit the commission from initiating such arbitration. The
9commission may initiate collection proceedings against the respondent party for the
10payment of the filing fee. Fees collected under this subsection shall be credited to
11the appropriation account under s. 20.425 (1) (i).
AB150-engrossed,1376,1814
111.71
(3) (c) The council on municipal collective bargaining shall continuously
15review the operation of the dispute settlement procedures under s. 111.70 (4) (cm)
16and (7m). The council shall submit its recommendations with respect to any
17amendment to s. 111.70 (4) (cm) or (7m) to the chief clerk of each house of the
18legislature under s. 13.172 (2) at the commencement of each legislative session.
AB150-engrossed,1376,2521
111.71
(3) (d) The council on municipal collective bargaining shall review each
22pending legislative proposal relating to modification of the dispute settlement
23procedures under s. 111.70 (4) (cm) or (7m) and shall report its findings and
24recommendations relating to the proposal to the chief clerk of each house of the
25legislature for referral to the appropriate standing committees under s. 13.172 (3).
AB150-engrossed,1377,73
111.71
(4) The commission shall collect on a systematic basis information on
4the operation of the arbitration law under s. 111.70 (4) (cm). The commission shall
5report on the operation of the law to the legislature on an annual basis. The report
6shall be submitted to the chief clerk of each house of the legislature for distribution
7to the legislature under s. 13.172 (2).
AB150-engrossed,1377,1910
111.71
(5) The commission shall, on a regular basis, provide training programs
11to prepare individuals for service as arbitrators or arbitration panel members under
12s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and
13recruitment efforts to encourage participation in the training programs by
14individuals throughout the state, including at least 10 residents of each
15congressional district. The commission may also provide training programs to
16individuals and organizations on other aspects of collective bargaining, including on
17areas of management and labor cooperation directly or indirectly affecting collective
18bargaining. The commission may charge a reasonable fee for participation in the
19programs.
AB150-engrossed,1377,2322
111.77
(9) Section 111.70 (4) (c) 3., (ce) and (cm) shall not apply to employments
23covered by this section.
AB150-engrossed,1378,5
1111.80
(1) It recognizes that there are 3 major interests involved: that of the
2public, that of the
state employe and that of the
state as an employer. These 3
3interests are to a considerable extent interrelated. It is the policy of this state to
4protect and promote each of these interests with due regard to the situation and to
5the rights of the others.
AB150-engrossed,1378,167
111.80
(2) Orderly and constructive employment relations for
state employes
8and the efficient administration of state government are promotive of all these
9interests. They are largely dependent upon the maintenance of fair, friendly and
10mutually satisfactory employe management relations in state employment, and the
11availability of suitable machinery for fair and peaceful adjustment of whatever
12controversies may arise. It is recognized that whatever may be the rights of
13disputants with respect to each other in any controversy regarding state
14employment relations, neither party has any right to engage in acts or practices
15which jeopardize the public safety and interest and interfere with the effective
16conduct of public business.
AB150-engrossed,1378,2318
111.80
(3) Where permitted under this subchapter, negotiations of terms and
19conditions of state employment should result from voluntary agreement between the
20state and its agents as
an employer, and its employes. For that purpose
a state an 21employe may, if the employe desires, associate with others in organizing and in
22bargaining collectively through representatives of the employe's own choosing
23without intimidations or coercion from any source.
AB150-engrossed,1379,7
1111.80
(4) It is the policy of this state, in order to preserve and promote the
2interests of the public, the
state employe and the
state as an employer alike, to
3encourage the practices and procedures of collective bargaining in state employment
4subject to the requirements of the public service and related laws, rules and policies
5governing state employment, by establishing standards of fair conduct in state
6employment relations and by providing a convenient, expeditious and impartial
7tribunal in which these interests may have their respective rights determined.
AB150-engrossed,1379,139
111.81
(7) (d) Individuals employed by the University of Wisconsin Hospitals
10and Clinics Authority who hold positions that would be included in the classified
11service if the individuals were employed by the state, except supervisors,
12management employes and individuals who are privy to confidential matters
13affecting the employer-employe relationship.
AB150-engrossed, s. 3811
14Section
3811. 111.81 (7) (d) of the statutes, as created by 1995 Wisconsin Act
15.... (this act), is repealed.
AB150-engrossed,1379,2017
111.81
(12) (intro.) "Labor organization" means any employe organization
18whose purpose is to represent
state employes in collective bargaining with the
state 19employer, or its agents, on matters pertaining to terms and conditions of
20employment; but the term shall not include any organization:
AB150-engrossed,1379,2322
111.81
(15) (a) (intro.) Any employe in the classified service
or any employe of
23the University of Wisconsin Hospitals and Clinics Authority who is engaged in work:
AB150-engrossed, s. 3816
24Section
3816. 111.81 (15) (a) (intro.) of the statutes, as affected by 1995
25Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,1380,2
1111.81
(15) (a) (intro.) Any employe in the classified service who is engaged in
2work:
AB150-engrossed,1380,54
111.81
(15) (b) (intro.) Any employe in the classified service
or any employe of
5the University of Wisconsin Hospitals and Clinics Authority who:
AB150-engrossed, s. 3818
6Section
3818. 111.81 (15) (b) (intro.) of the statutes, as affected by 1995
7Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,1380,88
111.81
(15) (b) (intro.) Any employe in the classified service who:
AB150-engrossed,1380,2110
111.815
(1) In the furtherance of this subchapter, the state shall be considered
11as a single employer and employment relations policies and practices throughout the
12state service shall be as consistent as practicable. The department shall negotiate
13and administer collective bargaining agreements. To coordinate the employer
14position in the negotiation of agreements, the executive branch shall maintain close
15liaison with the legislature relative to the negotiation of agreements and the fiscal
16ramifications thereof. The department is responsible for the employer functions of
17the executive branch under this subchapter, and shall coordinate its collective
18bargaining activities with operating
state agencies
and the University of Wisconsin
19Hospitals and Clinics Authority on matters of
agency concern
to the agencies or the
20authority. The legislative branch shall act upon those portions of tentative
21agreements negotiated by the executive branch which require legislative action.
AB150-engrossed, s. 3820
22Section
3820. 111.815 (1) of the statutes, as affected by 1995 Wisconsin Act ....
23(this act), is repealed and recreated to read:
AB150-engrossed,1381,1324
111.815
(1) In the furtherance of this subchapter, the state shall be considered
25as a single employer and employment relations policies and practices throughout the
1state service shall be as consistent as practicable. The department shall negotiate
2and administer collective bargaining agreements. To coordinate the employer
3position in the negotiation of agreements, the department shall maintain close
4liaison with the legislature relative to the negotiation of agreements and the fiscal
5ramifications thereof. Except with respect to the collective bargaining units
6specified in s. 111.825 (1m), the department is responsible for the employer functions
7of the executive branch under this subchapter, and shall coordinate its collective
8bargaining activities with operating state agencies on matters of agency concern.
9The legislative branch shall act upon those portions of tentative agreements
10negotiated by the department which require legislative action. With respect to the
11collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin
12Hospitals and Clinics Board is responsible for the employer functions under this
13subchapter.
AB150-engrossed,1381,2215
111.815
(2) In the furtherance of the policy under s. 111.80 (4), the secretary
16of the department shall establish a collective bargaining capability within the
17department outside of the division of merit recruitment and selection and shall,
18together with the appointing authorities or their representatives, represent the state
19in its responsibility as an employer under this subchapter
except with respect to
20negotiations in the collective bargaining units specified in s. 111.825 (1m). The
21secretary of the department shall establish and maintain, wherever practicable,
22consistent employment relations policies and practices throughout the state service.
AB150-engrossed,1382,4
24111.82 (title)
Rights of state employes. State employes Employes shall have
25the right of self-organization and the right to form, join or assist labor organizations,
1to bargain collectively through representatives of their own choosing under this
2subchapter, and to engage in lawful, concerted activities for the purpose of collective
3bargaining or other mutual aid or protection.
Such employes Employes shall also
4have the right to refrain from any or all of such activities.
AB150-engrossed,1382,126
111.825
(1) (intro.) It is the legislative intent that in order to foster meaningful
7collective bargaining, units must be structured in such a way as to avoid excessive
8fragmentation whenever possible. In accordance with this policy, collective
9bargaining units for employes in the classified service of the state
and for employes
10of the University of Wisconsin Hospitals and Clinics Authority are structured on a
11statewide basis with one collective bargaining unit for each of the following
12occupational groups:
AB150-engrossed, s. 3823
13Section
3823. 111.825 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
14Act .... (this act), is repealed and recreated to read:
AB150-engrossed,1382,2115
111.825
(1) (intro.) It is the legislative intent that in order to foster meaningful
16collective bargaining, units must be structured in such a way as to avoid excessive
17fragmentation whenever possible. In accordance with this policy, collective
18bargaining units for employes in the classified service of the state, except employes
19in the collective bargaining units specified in s. 111.825 (1m), are structured on a
20statewide basis with one collective bargaining unit for each of the following
21occupational groups:
AB150-engrossed,1383,223
111.825
(1m) Collective bargaining units for employes in the classified service
24of the state who are employed by the University of Wisconsin Hospitals and Clinics
1Board are structured with one collective bargaining unit for each of the following
2occupational groups:
AB150-engrossed,1383,33
(a) Clerical and related.
AB150-engrossed,1383,44
(b) Blue collar and nonbuilding trades.
AB150-engrossed,1383,55
(c) Building trades crafts.
AB150-engrossed,1383,66
(d) Security and public safety.
AB150-engrossed,1383,109
111.825
(3) The commission shall assign employes to the appropriate collective
10bargaining units set forth in subs. (1)
, (1m) and (2).
AB150-engrossed,1383,2212
111.825
(4) Any labor organization may petition for recognition as the exclusive
13representative of a collective bargaining unit specified in sub. (1)
, (1m) or (2) in
14accordance with the election procedures set forth in s. 111.83, provided the petition
15is accompanied by a 30% showing of interest in the form of signed authorization
16cards. Each additional labor organization seeking to appear on the ballot shall file
17petitions within 60 days of the date of filing of the original petition and prove,
18through signed authorization cards, that at least 10% of the employes in the
19collective bargaining unit want it to be their representative.
An original petition to
20serve as the initial representative of the collective bargaining unit specified in sub.
21(2) (d) may only be filed during the period commencing on July 2, 1990, and ending
22on December 31, 1990.
AB150-engrossed,1384,824
111.825
(4m) If a single representative is recognized or certified to represent
25more than one of the collective bargaining units specified in sub. (1m), that
1representative and the employer may jointly agree to combine the collective
2bargaining units, subject to the right of the employes in any of the collective
3bargaining units that were combined to petition for an election under s. 111.83 (6)
4and (7). Any agreement under this subsection is effective upon written notice of the
5agreement by the parties to the commission and terminates upon written notice of
6termination by the parties to the commission or upon decertification of the
7representative entering into the agreement as representative of one of the combined
8collective bargaining units, whichever occurs first.