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 (this act), is repealed and recreated to read: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.
AB150-engrossed, s. 3839
6Section
3839. 111.90 (2) of the statutes, as affected by 1995 Wisconsin Act ....
7(this act), is repealed and recreated to read:
AB150-engrossed,1388,108
111.90
(2) Subject to s. 111.91 (1) (am), manage the employes of a state agency;
9hire, promote, transfer, assign or retain employes in positions within the agency; and
10in that regard establish reasonable work rules.
AB150-engrossed,1388,1512
111.91
(1) (am) In collective bargaining units specified in s. 111.825 (1m), the
13right of the employer to transfer employes from one position to another position and
14the right of employes to be transferred from one position to another position is a
15subject of bargaining.
AB150-engrossed,1388,1817
111.91
(2) (a) The mission and goals of state agencies
and the University of
18Wisconsin Hospitals and Clinics Authority as set forth in the statutes.
AB150-engrossed, s. 3841
19Section
3841. 111.91 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB150-engrossed,1388,2221
111.91
(2) (a) The mission and goals of state agencies as set forth in the
22statutes.
AB150-engrossed,1389,624
111.91
(4) The secretary of the department, in connection with the development
25of tentative collective bargaining agreements to be submitted under s. 111.92
(1) (a),
1shall endeavor to obtain tentative agreements with each recognized or certified labor
2organization representing employes or supervisors of employes specified in s. 111.81
3(7) (a) and with each certified labor organization representing employes specified in
4s. 111.81 (7) (b) or (c) which do not contain any provision for the payment to any
5employe of a cumulative or noncumulative amount of compensation in recognition
6of or based on the period of time an employe has been employed by the state.
AB150-engrossed,1390,59
111.92
(1) (a) Any tentative agreement reached between the department,
10acting for the
executive branch state, and any labor organization
representing a
11collective bargaining unit specified in s. 111.825 (1) or (2) shall, after official
12ratification by the labor organization, be submitted by the department to the joint
13committee on employment relations, which shall hold a public hearing before
14determining its approval or disapproval. If the committee approves the tentative
15agreement, it shall introduce in a bill or companion bills, to be put on the calendar
16or referred to the appropriate scheduling committee of each house, that portion of the
17tentative agreement which requires legislative action for implementation, such as
18salary and wage adjustments, changes in fringe benefits, and any proposed
19amendments, deletions or additions to existing law. Such bill or companion bills are
20not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may,
21however, submit suitable portions of the tentative agreement to appropriate
22legislative committees for advisory recommendations on the proposed terms. The
23committee shall accompany the introduction of such proposed legislation with a
24message that informs the legislature of the committee's concurrence with the
25matters under consideration and which recommends the passage of such legislation
1without change. If the joint committee on employment relations does not approve
2the tentative agreement, it shall be returned to the parties for renegotiation. If the
3legislature does not adopt without change that portion of the tentative agreement
4introduced by the joint committee on employment relations, the tentative agreement
5shall be returned to the parties for renegotiation.
AB150-engrossed,1390,107
111.92
(1) (b) Any tentative agreement reached between the University of
8Wisconsin Hospitals and Clinics Board, acting for the state, and any labor
9organization representing a collective bargaining unit specified in s. 111.825 (1m)
10shall, after official ratification by the labor organization, be executed by the parties.
AB150-engrossed,1390,1412
111.92
(5) Notwithstanding any other provision of the statutes, all
13compensation adjustments for
state employes shall be effective on the beginning
14date of the pay period nearest the statutory or administrative date.
AB150-engrossed,1390,2516
111.94
(1) The commission may adopt reasonable and proper rules relative to
17the exercise of its powers and authority and proper rules to govern its proceedings
18and to regulate the conduct of all elections and hearings. The commission shall, upon
19request, provide a transcript of a proceeding to any party to the proceeding for a fee
20prescribed, established by rule, by the commission at a uniform rate
of not less than
2160 cents per page. All transcript fees shall be
deposited into the general fund credited
22to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess
23of
60 cents the uniform rate per page for any transcript produced by a reporter who
24is not employed by the commission shall be
deposited under credited to the
25appropriation
in account under s. 20.425 (1) (g).
AB150-engrossed,1392,32
111.94
(2) The commission shall assess and collect a filing fee
of $25 from the
3party or parties for filing a complaint alleging that an unfair labor practice has been
4committed under s. 111.84. The commission shall assess and collect a filing fee
of $25 5from the party or parties for filing a request that the commission act as an arbitrator
6to resolve a dispute involving the interpretation or application of a collective
7bargaining agreement under s. 111.86.
The commission shall assess and collect a
8filing fee for filing a request that the commission initiate fact-finding under s.
9111.88. The commission shall assess and collect a filing fee for filing a request that
10the commission act as a mediator under s. 111.87. For the performance of
11commission actions under s. 111.86, 111.87 and 111.88, the commission shall require
12that the parties to the dispute equally share in the payment of the fee and, for the
13performance of commission actions involving a complaint alleging that an unfair
14labor practice has been committed under s. 111.84, the commission shall require that
15the party filing the complaint pay the entire fee. If
such a any party has paid a filing
16fee requesting the commission to act as a mediator for a labor dispute and the parties
17do not enter into a voluntary settlement of the labor dispute, the commission may not
18subsequently assess or collect a filing fee to initiate fact-finding to resolve the same
19labor dispute. If any request concerns issues arising as a result of more than one
20unrelated event or occurrence, each such separate event or occurrence shall be
21treated as a separate request.
The commission shall promulgate rules establishing
22a schedule of filing fees to be paid under this subsection, except that the commission
23may not require a filing fee that exceeds $225 per request or case. Fees required to
24be paid under this subsection shall be paid at the time of filing the complaint or the
25request for
fact-finding, mediation or arbitration. A complaint or request for
1fact-finding, mediation or arbitration is not filed until the date such fee or fees are
2paid. Fees collected under this subsection shall be
deposited as general purpose
3revenue—earned credited to the appropriation account under s. 20.425 (1) (i).
AB150-engrossed,1393,65
112.07
(1) Notwithstanding any other provision of the statutes, any fiduciary,
6as defined in s. 112.01 (1) (b), who is holding securities in a fiduciary capacity, any
7bank or trust company holding securities as a custodian or managing agent, and any
8bank or trust company holding securities as custodian for a fiduciary may deposit or
9arrange for the deposit of such securities in a clearing corporation as defined in s.
10408.102 (1) (c). When the securities are so deposited, certificates representing
11securities of the same class of the same issuer may be merged and held in bulk in the
12name of the nominee of the clearing corporation with any other such securities
13deposited in that clearing corporation by any person regardless of the ownership of
14the securities, and certificates of small denomination may be merged into one or more
15certificates of larger denomination. The records of the fiduciary and the records of
16the bank or trust company acting as custodian, as managing agent or as custodian
17for a fiduciary shall at all times show the name of the party for whose account the
18securities are so deposited. Ownership of, and other interests in, the securities may
19be transferred by bookkeeping entry on the books of the clearing corporation without
20physical delivery of certificates representing the securities. A bank or trust company
21which deposits securities pursuant to this section shall be subject to such rules and
22regulations as, in the case of state chartered institutions, the
commissioner division 23of banking and, in the case of national banking associations, the comptroller of the
24currency may from time to time issue. A bank or trust company acting as custodian
25for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary
1the securities deposited by the bank or trust company in a clearing corporation
2pursuant to this section for the account of the fiduciary. A fiduciary shall, on demand
3by any party to a judicial proceeding for the settlement of the fiduciary's account or
4on demand by the attorney for such a party, certify in writing to the party the
5securities deposited by the fiduciary in the clearing corporation for its account as
6such fiduciary.
AB150-engrossed,1393,119
114.002
(11) "Antique aircraft" means an aircraft
more than 35 years old as
10determined by the which has a date of manufacture
of 1944 or earlier and which is
11used solely for recreational or display purposes.
AB150-engrossed,1393,1414
114.20
(1) (title)
Annual registration Registration required.
AB150-engrossed,1393,2216
114.20
(1) (a) Except as provided under sub. (2), all aircraft based in this state
17shall be registered by the owner of the aircraft with the department annually on or
18before November 1
or, for aircraft with a maximum gross weight of not more than
193,000 pounds that are not subject to sub. (10), biennially on or before the first
20November 1. Annual registration fees shall be determined in accordance with sub.
21(9) or (10).
Biennial registration fees shall be determined in accordance with sub.
22(9m).
AB150-engrossed,1394,224
114.20
(1) (b) Aircraft determined by the department to be based in this state
25shall be subject to the annual
or biennial registration fees under sub. (9)
or (9m).
1Aircraft which are determined to be not based in this state shall be exempt from the
2annual
or biennial registration fees.
AB150-engrossed,1394,64
114.20
(2) (title)
Exceptions to
annual registration requirements. (intro.)
5The
annual registration requirements under sub. (1) do not apply to aircraft based
6in this state that are:
AB150-engrossed,1394,209
114.20
(5) Unairworthy aircraft. Any person desiring to have an aircraft
10designated as an unairworthy aircraft may apply to the department in the manner
11the department prescribes. No application may be acted upon unless all information
12requested is supplied. Upon receipt of an application and a registration fee
of $5 to
13be established by rule and after determining from the facts submitted and
14investigation that the aircraft qualifies as an unairworthy aircraft, the department
15shall issue an unairworthy aircraft certificate. The certificate shall expire upon
16transfer of ownership or restoration. An aircraft is presumed restored if it is capable
17of operation. The annual registration fee is due on the date of restoration. Operation
18of the aircraft is conclusive evidence of restoration. An
additional administrative fee
19of $5 A late payment charge to be established by rule shall be
charged assessed on
20all applications filed later than 30 days after the date of restoration.
AB150-engrossed, s. 3844mx
21Section 3844mx. 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act
22.... (this act), is repealed and recreated to read:
AB150-engrossed,1395,923
114.20
(5) Unairworthy aircraft. Any person desiring to have an aircraft
24designated as an unairworthy aircraft may apply to the department in the manner
25the department prescribes. No application may be acted upon unless all information
1requested is supplied. Upon receipt of an application and a registration fee to be
2established by rule and after determining from the facts submitted and investigation
3that the aircraft qualifies as an unairworthy aircraft, the department shall issue an
4unairworthy aircraft certificate. The certificate shall expire upon transfer of
5ownership or restoration. An aircraft is presumed restored if it is capable of
6operation. The annual or biennial registration fee is due on the date of restoration.
7Operation of the aircraft is conclusive evidence of restoration. A late payment charge
8to be established by rule shall be assessed on all applications filed later than 30 days
9after the date of restoration.
AB150-engrossed, s. 3844pe
11Section 3844pe. 114.20 (9) (a) to (c) of the statutes are renumbered 114.20
12(9m) (a) to (c) and amended to read:
AB150-engrossed,1395,1313
114.20
(9m) (a) Not more than 2,000
$ 30 $ 60
AB150-engrossed,1395,1414
(b) Not more than 2,500
39 78
AB150-engrossed,1395,1515
(c) Not more than 3,000
50 100
AB150-engrossed,1395,1717
114.20
(9) (d) Not more than 3,500
70 $ 70