AB150: Bill Text

AB150, s. 3767 Section 3767. Chapter 106 (title) of the statutes is amended to read:

AB150,1324,10 CHAPTER 106

AB150,1324,12 MASTER AND APPRENTICE and employment programs

AB150, s. 3768 Section 3768. Subchapter I (title) of chapter 106 [precedes 106.01] of the statutes is created to read:

AB150,1324,15 Chapter 106

AB150,1324,17 Subchapter I Apprentice programs

AB150, s. 3769 Section 3769. 106.01 (9) of the statutes is amended to read:

AB150,1325,5 106.01 (9) It shall be the duty of the department, and it shall have power, jurisdiction and authority, to investigate, ascertain, determine and fix such reasonable classifications and to issue rules and regulations, and general or special orders and to hold hearings and make findings and render orders thereon as shall be necessary to carry out the intent and purposes of s. 106.01. Such hearings, investigations, classifications, findings and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with s. 106.01; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violations of s. 106.01, excepting as to the penalties provided in s. 106.01 (8). Said orders shall be subject to review in the manner provided in ch. 227.

AB150, s. 3770 Section 3770. Subchapter II (title) of chapter 106 [precedes 106.04] of the statutes is created to read:

AB150,1325,8 Chapter 106

AB150,1325,10 Subchapter II Employment programs

AB150, s. 3771 Section 3771 . 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 239 , is amended to read:

AB150,1325,18 106.215 (1) (fm) "Public assistance" means general relief under s. 49.02, relief of needy Indian persons under s. 49.046 relief provided by counties under s. 59.07 (154), aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47, low-income energy assistance under s. 49.80, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

****Note: The question marks in the bill Section heading must be filled in with an auto-reference at the appropriate time.

****Note: This is reconciled s. 106.215 (1) (fm). This Section has been affected by drafts with the following LRB numbers: -1701/3, -2153/1 and 2602/2.

AB150, s. 3772 Section 3772 . 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 239 and 3771, is amended to read:

AB150,1326,3 106.215 (1) (fm) "Public assistance" means relief provided by counties under s. 59.07 (154), aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, low-income energy assistance under s. 49.80 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

****Note: This is reconciled s. 106.215. This Section has been affected by drafts with the following LRB numbers: -1701/3, -2153/1 and -2602/2.

AB150, s. 3773 Section 3773. 106.215 (6) (dm) of the statutes is created to read:

AB150,1326,7 106.215 (6) (dm) Benefits to enrollees. The extent to which the sponsor will provide to the corps enrollees on the project additional wages or other additional benefits.

****Note: This is reconciled s. 106.215 (6) (dm). This Section has been affected by drafts with the following LRB numbers: 95-2602 and 95-1432.

AB150, s. 3774 Section 3774. 106.215 (8g) of the statutes is created to read:

AB150,1326,11 106.215 (8g) Partnership projects. (a) If a sponsor pays for the total cost of a project, the board may select and approve a project without using the guidelines established under sub. (6).

AB150,1326,16 (b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers or parolees and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.

****Note: This is reconciled s. 16.20 (8g). This Section has been affected by drafts with the following LRB numbers: LRB-1306 and LRB-2602.

AB150, s. 3775 Section 3775. 106.215 (8m) of the statutes is created to read:

AB150,1327,2 106.215 (8m) Administrative project. In addition to the projects authorized under this section, the board may approve one project that provides employment for corps enrollees in an administrative work or training project sponsored by the Wisconsin conservation corps. Subsections (5) (a) to (d), (6) and (8) (d), (g) to (j) and (k) 1. do not apply to a project approved under this subsection.

****Note: This is reconciled s. 16.20 (8m). This Section has been affected by drafts with the following LRB numbers: LRB-1300 and LRB-2602.

AB150, s. 3776 Section 3776. 107.30 (4) of the statutes is amended to read:

AB150,1327,5 107.30 (4) "Department" means the department of industry, labor and human relations development.

AB150, s. 3777 Section 3777. 108.02 (13) (k) of the statutes is amended to read:

AB150,1327,12 108.02 (13) (k) "Employer" does not include a county department or aging unit that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 49.52, 46.495, 51.42 or 51.437 or personal assistance services under s. 47.02 (4) (c).

AB150, s. 3778 Section 3778. 108.105 of the statutes is amended to read:

AB150,1327,23 108.105 Suspension of agents. The department may suspend the privilege of any agent to appear before the department at hearings under this chapter for a specified period if the department finds that the agent has engaged in an act of fraud or misrepresentation or repeatedly failed to comply with departmental rules, or has engaged in the solicitation of a claimant solely for the purpose of appearing at a hearing as the claimant's representative for pay. Prior to imposing a suspension under this section, the secretary of industry, labor and human relations or the secretary's designee shall conduct a hearing concerning the proposed suspension. The hearing shall be conducted under ch. 227 and the decision of the department may be appealed under s. 227.52.

AB150, s. 3779 Section 3779. 108.14 (11) of the statutes is amended to read:

AB150,1328,12 108.14 (11) The department may require any employing unit which employs one or more individuals to perform work in this state to make such arrangements as will reasonably assure the department that the employing unit will keep such records, make such reports, and pay such contributions as are required under this chapter. Any employing unit which the department has notified, through notice served on it or sent by registered mail to its last-known address or served by publishing a notice under s. 180.1510 (4) (b) 1., that it is required to make such arrangements and which fails to do so within 20 days after such notification may, through proceedings instituted by the department in the circuit court for Dane county, be restrained from doing business in this state until it has made such arrangements.

AB150, s. 3780 Section 3780. 108.141 (6) (a) of the statutes is amended to read:

AB150,1328,17 108.141 (6) (a) Whenever an extended benefit period is to become effective as a result of a Wisconsin "on" indicator, or an extended benefit period is to be terminated as a result of a Wisconsin "off" indicator, the secretary of industry, labor and human relations shall publish it as a class 1 notice under ch. 985.

AB150, s. 3781 Section 3781. 108.142 (5) of the statutes is amended to read:

AB150,1328,23 108.142 (5) Publish indicators. Whenever a Wisconsin supplemental benefit period is to become effective as a result of a Wisconsin "on" indicator under this section, or a Wisconsin supplemental benefit period is to be terminated as a result of a Wisconsin "off" indicator under this section, the secretary of industry, labor and human relations shall publish it as a class 1 notice under ch. 985.

AB150, s. 3782 Section 3782. 109.07 (1m) of the statutes is amended to read:

AB150,1329,15 109.07 (1m) Subject to sub. (5) or (6), an employer who has decided upon a business closing or mass layoff in this state shall promptly notify the subunit of the department that administers s. 101.27 106.15, any affected employe, any collective bargaining representative of any affected employe, and the highest official of any municipality in which the affected employment site is located, in writing of such action no later than 60 days prior to the date that the business closing or mass layoff takes place. The employer shall provide in writing all information concerning its payroll, affected employes and the wages and other remuneration owed to such employes as the department may require. The department may in addition require the employer to submit a plan setting forth the manner in which final payment in full shall be made to affected employes. The department shall promptly provide a copy of the notice required under this subsection to the department of development and shall cooperate with the department of development in the performance of its responsibilities under s. 560.15. This subsection does not apply to a business closing or mass layoff that is caused by a strike or lockout.

AB150, s. 3783 Section 3783. 111.07 (2) (a) of the statutes is amended to read:

AB150,1330,15 111.07 (2) (a) Upon the filing with the commission by any party in interest of a complaint in writing, on a form provided by the commission, charging any person with having engaged in any specific unfair labor practice, it shall mail a copy of such complaint to all other parties in interest. Any other person claiming interest in the dispute or controversy, as an employer, an employe, or their representative, shall be made a party upon application. The commission may bring in additional parties by service of a copy of the complaint. Only one such complaint shall issue against a person with respect to a single controversy, but any such complaint may be amended in the discretion of the commission at any time prior to the issuance of a final order based thereon. The person or persons so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the notice of hearing. The commission shall fix a time for the hearing on such complaint, which will be not less than 10 nor more than 40 days after the filing of such complaint, and notice shall be given to each party interested by service on the party personally or by mailing a copy thereof to the party at the party's last-known post-office address at least 10 days before such hearing. In case a party in interest is located without the state and has no known post-office address within this state, a copy of the complaint and copies of all notices shall be filed in the office of the secretary of state with the department of revenue and shall also be sent by registered mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service with the same force and effect as if served upon the party located within this state. Such hearing may be adjourned from time to time in the discretion of the commission and hearings may be held at such places as the commission shall designate.

AB150, s. 3784 Section 3784. 111.07 (2) (b) 1. of the statutes is amended to read:

AB150,1331,3 111.07 (2) (b) 1. The commission shall have the power to issue subpoenas and administer oaths. Depositions may be taken in the manner prescribed by s. 101.02 (14) 103.005 (13) (c). No person may be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to the subpoena of the commission on the ground that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture under the laws of the state of Wisconsin; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or producing evidence, documentary or otherwise, before the commission in obedience to a subpoena issued by it; provided, that an individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

AB150, s. 3785 Section 3785. 111.07 (2) (d) of the statutes is amended to read:

AB150,1331,16 111.07 (2) (d) Each witness who appears before the commission by its order or subpoena at the request of the commission on its own motion shall receive for his or her attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the chairperson of the commission and charged to the appropriation under s. 20.425 (1) (a) 20.547 (1) (a). Each witness who appears before the commission as a result of an order or subpoena issued by the commission at the request of a party shall receive for his or her attendance the fees and mileage as provided for witnesses in civil cases in courts of record, which shall be paid by the party requesting the order or subpoena in advance of the time set in the order or subpoena for attendance.

AB150, s. 3786 Section 3786. 111.09 (1) of the statutes is amended to read:

AB150,1332,2 111.09 (1) The commission may adopt reasonable and proper rules and regulations relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee prescribed by the commission at a uniform rate of not less than 60 cents per page. All transcript fees shall be deposited into the general fund, except that fees collected in excess of 60 cents per page for any transcript produced by a reporter who is not employed by the commission shall be deposited under the appropriation in s. 20.425 (1) (g) 20.547 (1) (h).

AB150, s. 3787 Section 3787. 111.095 of the statutes is created to read:

AB150,1332,6 111.095 Mediation. (1) No officer or employe of the commission may engage in mediation of any labor dispute or facilitate mediation of a labor dispute by any other person.

AB150,1332,9 (2) The parties to a labor dispute may retain any person other than an officer or employe of the commission to engage in mediation of the dispute. The cost of mediation services shall be divided equally between the parties.

AB150, s. 3788 Section 3788. 111.11 (1) of the statutes is repealed.

AB150, s. 3789 Section 3789. 111.11 (2) of the statutes is renumbered 111.11 and amended to read:

AB150,1332,22 111.11 (title) Mediation Notice of certain proposed strikes. Where the exercise of the right to strike by employes of any employer engaged in the state of Wisconsin in the production, harvesting or initial processing (the latter after leaving the farm) of any farm or dairy product produced in this state would tend to cause the destruction or serious deterioration of such product, the employes shall give to the commission at least 10 days' notice of their intention to strike and the commission shall immediately notify the employer of the receipt of such notice. Upon receipt of such notice, the commission shall take immediate steps to effect mediation, if possible. In the event of the failure of the efforts to mediate, the The commission shall then endeavor to induce the parties to arbitrate the controversy.

AB150, s. 3790 Section 3790. 111.39 (2) of the statutes is amended to read:

AB150,1333,3 111.39 (2) In carrying out this subchapter the department and its duly authorized agents are empowered to hold hearings, subpoena witnesses, take testimony and make investigations in the manner provided in ch. 101 s. 103.005. The department or its duly authorized agents may privilege witnesses testifying before them under the provisions of this subchapter against self-incrimination.

AB150, s. 3791 Section 3791. 111.39 (4) (d) of the statutes is amended to read:

AB150,1333,12 111.39 (4) (d) The department shall serve a certified copy of the findings and order on the respondent, the order to have the same force as other orders of the department and be enforced as provided in ch. 101 s. 103.005. Any person aggrieved by noncompliance with the order may have the order enforced specifically by suit in equity. If the examiner finds that the respondent has not engaged in discrimination, unfair honesty testing or unfair genetic testing as alleged in the complaint, the department shall serve a certified copy of the examiner's findings on the complainant together with an order dismissing the complaint.

AB150, s. 3792 Section 3792. 111.395 of the statutes is amended to read:

AB150,1333,20 111.395 Judicial review. Findings and orders of the commission under this subchapter are subject to review under ch. 227. Orders of the commission shall have the same force as orders of the department under ch. 101 chs. 103 to 106 and may be enforced as provided in s. 101.02 103.005 (11) and (12) and (13) or specifically by a suit in equity. In any enforcement action the merits of any order of the commission are not subject to judicial review. Upon such review, or in any enforcement action, the department of justice shall represent the commission.

AB150, s. 3793 Section 3793. 111.70 (1) (a) of the statutes is amended to read:

AB150,1334,21 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representatives of its employes, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employe to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and s. 40.81 (3), except that a municipal employer that is a school district is not required to meet and confer concerning any decision to create a performance recognition plan under s. 118.39 or concerning the amount of any performance recognition award made under such a plan, and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employes under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the employes. In creating this subchapter the legislature recognizes that the public employer must exercise its powers and responsibilities to act for the government and good order of the municipality, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to public employes by the constitutions of this state and of the United States and by this subchapter.

AB150, s. 3794 Section 3794. 111.70 (1) (ne) of the statutes is amended to read:

AB150,1335,2 111.70 (1) (ne) "School district professional employe" means a municipal employe who is employed by a school district, who holds a license issued by the state superintendent department of public instruction education under s. 115.28 (7), and whose employment requires that license.

AB150, s. 3795 Section 3795. 111.70 (4) (c) 1. of the statutes is repealed.

AB150, s. 3796 Section 3796. 111.70 (4) (c) 3. c. of the statutes is amended to read:

AB150,1335,8 111.70 (4) (c) 3. c. Nothing herein shall be construed as prohibiting any fact finder who is not employed by the commission from endeavoring to mediate the dispute, in which the fact finder is involved, at any time prior to the issuance of the fact finder's recommendations.

AB150, s. 3797 Section 3797. 111.70 (4) (cm) 3. of the statutes is repealed.

AB150, s. 3798 Section 3798. 111.70 (4) (cm) 6. (intro.) of the statutes is amended to read:

AB150,1336,2 111.70 (4) (cm) 6. (intro.) `Interest arbitration.' If a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in collective bargaining units to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other any settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days of the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.

AB150, s. 3799 Section 3799. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

AB150,1337,22 111.70 (4) (cm) 6. a. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

AB150, s. 3800 Section 3800. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB150,1338,20 111.70 (4) (d) 2. a. The commission shall determine the appropriate bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the employes in the same or several departments, divisions, institutions, crafts, professions or other occupational groupings constitute a unit. Before making its determination, the commission may provide an opportunity for the employes concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any unit is appropriate if the unit includes both professional employes and nonprofessional employes, unless a majority of the professional employes vote for inclusion in the unit. The commission shall not decide that any unit is appropriate if the unit includes both craft and noncraft employes unless a majority of the craft employes vote for inclusion in the unit. The commission shall place the professional employes who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employes whenever at least 30% of those professional employes request an election to be held to determine that issue and a majority of the professional employes at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.

AB150, s. 3801 Section 3801. 111.70 (4) (m) of the statutes is created to read:

AB150,1338,23 111.70 (4) (m) Prohibited subjects of bargaining. In a school district, the municipal employer is prohibited from bargaining collectively with respect to:

AB150,1339,4 1. Reassignment of municipal employes who perform services for the school district, with or without regard to seniority, as a result of a decision of the school board or board of school directors to contract with an individual or group to operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter school, or the impact of any such reassignment on the wages, hours or conditions of employment of the municipal employes who perform those services.

AB150,1339,9 2. Reassignment of municipal employes who perform services for a board of school directors, with or without regard to seniority, as a result of the decision of the board to close or reopen a school under s. 119.18 (23), or the impact of any such reassignment on the wages, hours or conditions of employment of the municipal employes who perform those services.

AB150,1339,13 3. Any decision of a board of school directors to contract for the management or operation of any school under s. 119.18 (24), or the impact of any such decision on the wages, hours or conditions of employment of the municipal employes who perform services for the board.

AB150,1339,17 4. Any decision of a board of school directors to contract with a school or agency to provide educational programs under s. 119.235, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employes who perform services for the board.

AB150, s. 3802 Section 3802. 111.70 (10) of the statutes is created to read:

AB150,1339,21 111.70 (10) Mediation. (a) No officer or employe of the commission may engage in mediation of any labor dispute or facilitate mediation of a labor dispute by any other person.

AB150,1339,24 (b) The parties to a labor dispute may retain any person other than an officer or employe of the commission to engage in mediation of the dispute. The cost of mediation services shall be divided equally between the parties.

AB150,1340,4 (c) Whenever the parties to a labor dispute retain any person to provide mediation services, each party or the parties jointly shall notify the commission in writing of the name and address of the person so retained as promptly as possible following the retention.

AB150, s. 3803 Section 3803. 111.71 (1) of the statutes is amended to read: