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.
AB150-engrossed,1384,1710
111.83
(7) Notwithstanding subs. (1), (3) and (6) and s. 111.825 (4), if on July
111, 1997, there is a representative recognized or certified to represent the employes
12in any of the collective bargaining units specified in s. 111.825 (1) (a) to (e), that
13representative shall become the representative of the employes in the corresponding
14collective bargaining units specified in s. 111.825 (1m) (a) to (e), without the necessity
15of filing a petition or conducting an election, subject to the right of any person to file
16a petition under this section during October 1998 or at any subsequent time when
17sub. (6) applies.
AB150-engrossed,1384,2019
111.84
(1) (a) To interfere with, restrain or coerce
state employes in the exercise
20of their rights guaranteed in s. 111.82.
AB150-engrossed,1385,1322
111.84
(1) (b) Except as otherwise provided in this paragraph, to initiate,
23create, dominate or interfere with the formation or administration of any labor or
24employe organization or contribute financial support to it. Except as provided in ss.
2540.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
1retirement system under ch. 40 and no action by the employer that is authorized by
2such a law constitutes a violation of this paragraph unless an applicable collective
3bargaining agreement specifically prohibits the change or action. No such change
4or action affects the continuing duty to bargain collectively regarding the Wisconsin
5retirement system under ch. 40 to the extent required by s. 111.91. It is not an unfair
6labor practice for the employer to reimburse
state employes at their an employe at
7his or her prevailing wage rate for the time spent during the employe's regularly
8scheduled hours conferring with the employer's officers or agents and for attendance
9at commission or court hearings necessary for the administration of this subchapter.
10Professional supervisory or craft personnel may maintain membership in
11professional or craft organizations; however, as members of such organizations they
12shall be prohibited from those activities related to collective bargaining in which the
13organizations may engage.
AB150-engrossed,1385,1915
111.84
(1) (e) To violate any collective bargaining agreement previously agreed
16upon by the parties with respect to wages, hours and conditions of employment
17affecting
state employes, including an agreement to arbitrate or to accept the terms
18of an arbitration award, where previously the parties have agreed to accept such
19award as final and binding upon them.
AB150-engrossed,1385,2421
111.85
(4) The commission may, under rules adopted for that purpose, appoint
22as its agent an official of
the a state
department or agency
involved
or the University
23of Wisconsin Hospitals and Clinics Authority whose employes are entitled to vote in
24a referendum to conduct
the referenda a referendum provided for herein.
AB150-engrossed, s. 3829
1Section
3829. 111.85 (4) of the statutes, as affected by 1995 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB150-engrossed,1386,53
111.85
(4) The commission may, under rules adopted for that purpose, appoint
4as its agent an official of a state agency whose employes are entitled to vote in a
5referendum to conduct a referendum provided for herein.
AB150-engrossed,1386,137
111.85
(5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or
8maintenance of membership agreement in effect in any of the collective bargaining
9units specified in s. 111.825 (1) (a) to (e), that fair-share or maintenance of
10membership agreement shall apply to the corresponding collective bargaining unit
11under s. 111.825 (1m) (a) to (e) without the necessity of filing a petition or conducting
12a referendum, subject to the right of the employes in each collective bargaining unit
13to file a petition requesting a referendum under sub. (2) (a).
AB150-engrossed,1386,2116
111.86
(1) Parties to the dispute pertaining to the interpretation of a collective
17bargaining agreement may agree in writing to have the commission or any other
18appointing
state agency
or the University of Wisconsin Hospitals and Clinics
19Authority serve as arbitrator or may designate any other competent, impartial and
20disinterested persons to so serve. Such arbitration proceedings shall be governed by
21ch. 788.
AB150-engrossed, s. 3831
22Section
3831. 111.86 (1) of the statutes, as affected by 1995 Wisconsin Act ....
23(this act), is repealed and recreated to read:
AB150-engrossed,1387,324
111.86
(1) Parties to the dispute pertaining to the interpretation of a collective
25bargaining agreement may agree in writing to have the commission or any other
1appointing state agency serve as arbitrator or may designate any other competent,
2impartial and disinterested persons to so serve. Such arbitration proceedings shall
3be governed by ch. 788.
AB150-engrossed,1387,115
111.86
(2) The department shall charge a state department or agency the
6employer's share of the cost related to grievance arbitration under sub. (1) for any
7arbitration that involves one or more employes of the state department or agency.
8Each state department or agency so charged shall pay the amount that the
9department charges from the appropriation account or accounts used to pay the
10salary of the grievant. Funds received under this subsection shall be credited to the
11appropriation account under s. 20.512 (1) (km).
AB150-engrossed,1387,1513
111.89
(2) (intro.) The occurrence of a strike and the participation therein by
14a state an employe do not affect the rights of the employer, in law or in equity, to deal
15with the strike, including:
AB150-engrossed,1387,2017
111.90
(1) Carry out the statutory mandate and goals assigned to
the a state 18agency
utilizing personnel, or the University of Wisconsin Hospitals and Clinics
19Authority by the most appropriate and efficient methods and means
and utilize
20personnel in the most appropriate and efficient manner possible.
AB150-engrossed, s. 3837
21Section
3837. 111.90 (1) of the statutes, as affected by 1995 Wisconsin Act ....
22(this act), is repealed and recreated to read:
AB150-engrossed,1387,2523
111.90
(1) Carry out the statutory mandate and goals assigned to a state agency
24by the most appropriate and efficient methods and means and utilize personnel in
25the most appropriate and efficient manner possible.
AB150-engrossed,1388,52
111.90
(2) Manage the employes of
the
a state agency
or the University of
3Wisconsin Hospitals and Clinics Authority; hire, promote, transfer, assign or retain
4employes in positions within the agency
or authority; and in that regard establish
5reasonable work rules.