AB150: Bill Text

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AB150, s. 3788 Section 3788. 111.11 (1) of the statutes is repealed.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

AB150,1340,14 111.71 (1) The commission may adopt reasonable rules 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. 3804 Section 3804. 111.77 (1) (e) of the statutes is repealed.

AB150, s. 3805 Section 3805. 111.77 (2) of the statutes is amended to read:

AB150,1340,20 111.77 (2) If there has never been a contract in effect, the union shall notify the commission within 30 days after the first demand upon the employer of the existence of a dispute provided no agreement is reached by that time, and in such case sub. (1) (b), (e) and (f) shall apply.

AB150, s. 3806 Section 3806. 111.80 (1) of the statutes is amended to read:

AB150,1341,2 111.80 (1) It recognizes that there are 3 major interests involved: that of the public, that of the state employe and that of the state as an employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB150, s. 3807 Section 3807. 111.80 (2) of the statutes is amended to read:

AB150,1341,13 111.80 (2) Orderly and constructive employment relations for state employes and the efficient administration of state government are promotive of all these interests. They are largely dependent upon the maintenance of fair, friendly and mutually satisfactory employe management relations in state employment, and the availability of suitable machinery for fair and peaceful adjustment of whatever controversies may arise. It is recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding state employment relations, neither party has any right to engage in acts or practices which jeopardize the public safety and interest and interfere with the effective conduct of public business.

AB150, s. 3808 Section 3808. 111.80 (3) of the statutes is amended to read:

AB150,1341,20 111.80 (3) Where permitted under this subchapter, negotiations of terms and conditions of state employment should result from voluntary agreement between the state and its agents as an employer, and its employes. For that purpose a state an employe may, if the employe desires, associate with others in organizing and in bargaining collectively through representatives of the employe's own choosing without intimidations or coercion from any source.

AB150, s. 3809 Section 3809. 111.80 (4) of the statutes is amended to read:

AB150,1342,3 111.80 (4) It is the policy of this state, in order to preserve and promote the interests of the public, the state employe and the state as an employer alike, to encourage the practices and procedures of collective bargaining in state employment subject to the requirements of the public service and related laws, rules and policies governing state employment, by establishing standards of fair conduct in state employment relations and by providing a convenient, expeditious and impartial tribunal in which these interests may have their respective rights determined.

AB150, s. 3810 Section 3810. 111.81 (7) (d) of the statutes is created to read:

AB150,1342,9 111.81 (7) (d) Individuals employed by the University of Wisconsin Hospitals and Clinics Authority who hold positions that would be included in the classified service if the individuals were employed by the state, except supervisors, management employes and individuals who are privy to confidential matters affecting the employer-employe relationship.

AB150, s. 3811 Section 3811. 111.81 (7) (d) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

AB150, s. 3812 Section 3812. 111.81 (12) (intro.) of the statutes is amended to read:

AB150,1342,16 111.81 (12) (intro.) "Labor organization" means any employe organization whose purpose is to represent state employes in collective bargaining with the state employer, or its agents, on matters pertaining to terms and conditions of employment; but the term shall not include any organization:

AB150, s. 3813 Section 3813. 111.81 (13) of the statutes is renumbered 111.81 (13) (intro.) and amended to read:

AB150,1342,19 111.81 (13) (intro.) "Management" includes those personnel:

AB150,1342,23 (a) Those individuals who are engaged predominately in executive and managerial functions, including such officials as division administrators, bureau directors, institutional heads and employes individuals exercising similar functions and responsibilities as determined by the commission.

AB150, s. 3814 Section 3814. 111.81 (13) (b) of the statutes is created to read:

AB150,1343,6 111.81 (13) (b) Any individual who is designated by his or her appointing authority as a chief legal counsel or deputy chief legal counsel and who serves in the office of a constitutional officer specified in s. 15.02 (1) or in a department as defined in s. 15.01 (5) or an independent agency as defined in s. 15.01 (9), or any individual who exercises functions and responsibilities similar to such an individual, as determined by the commission.

AB150, s. 3815 Section 3815. 111.81 (15) (a) (intro.) of the statutes is amended to read:

AB150,1343,9 111.81 (15) (a) (intro.) Any employe in the classified service or any employe of the University of Wisconsin Hospitals and Clinics Authority who is engaged in work:

AB150, s. 3816 Section 3816. 111.81 (15) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1343,13 111.81 (15) (a) (intro.) Any employe in the classified service who is engaged in work:

AB150, s. 3817 Section 3817. 111.81 (15) (b) (intro.) of the statutes is amended to read:

AB150,1343,16 111.81 (15) (b) (intro.) Any employe in the classified service or any employe of the University of Wisconsin Hospitals and Clinics Authority who:

AB150, s. 3818 Section 3818. 111.81 (15) (b) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1343,19 111.81 (15) (b) (intro.) Any employe in the classified service who:

AB150, s. 3819 Section 3819. 111.815 (1) of the statutes is amended to read:

AB150,1344,7 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the executive branch shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications thereof. The department is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies and the University of Wisconsin Hospitals and Clinics Authority on matters of agency concern to the agencies or the authority. The legislative branch shall act upon those portions of tentative agreements negotiated by the executive branch which require legislative action.

AB150, s. 3820 Section 3820. 111.815 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1344,20 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the executive branch shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications thereof. The department is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the executive branch which require legislative action.

AB150, s. 3821 Section 3821. 111.82 of the statutes is amended to read:

AB150,1345,2 111.82 (title) Rights of state employes. State employes Employes shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Such employes Employes shall also have the right to refrain from any or all of such activities.

AB150, s. 3822 Section 3822. 111.825 (1) (intro.) of the statutes is amended to read:

AB150,1345,10 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employes in the classified service of the state and for employes of the University of Wisconsin Hospitals and Clinics Authority are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:

AB150, s. 3823 Section 3823. 111.825 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1345,18 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employes in the classified service of the state are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:

AB150, s. 3824 Section 3824. 111.825 (5) of the statutes is amended to read:

AB150,1346,3 111.825 (5) Although supervisors are not considered employes for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employes. For purposes of this subsection, affiliation does not include membership in a national, state, county or municipal federation of national or international labor organizations. The certified representative of supervisors may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (1).

AB150, s. 3825 Section 3825. 111.84 (1) (a) of the statutes is amended to read:

AB150,1346,6 111.84 (1) (a) To interfere with, restrain or coerce state employes in the exercise of their rights guaranteed in s. 111.82.

AB150, s. 3826 Section 3826. 111.84 (1) (b) of the statutes is amended to read:

AB150,1346,24 111.84 (1) (b) Except as otherwise provided in this paragraph, to initiate, create, dominate or interfere with the formation or administration of any labor or employe organization or contribute financial support to it. Except as provided in ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin retirement system under ch. 40 and no action by the employer that is authorized by such a law constitutes a violation of this paragraph unless an applicable collective bargaining agreement specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively regarding the Wisconsin retirement system under ch. 40 to the extent required by s. 111.91. It is not an unfair labor practice for the employer to reimburse state employes at their an employe at his or her prevailing wage rate for the time spent during the employe's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter. Professional supervisory or craft personnel may maintain membership in professional or craft organizations; however, as members of such organizations they shall be prohibited from those activities related to collective bargaining in which the organizations may engage.

AB150, s. 3827 Section 3827. 111.84 (1) (e) of the statutes is amended to read:

AB150,1347,5 111.84 (1) (e) To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting state employes, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such award as final and binding upon them.

AB150, s. 3828 Section 3828. 111.85 (4) of the statutes is amended to read:

AB150,1347,10 111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the a state department or agency involved or the University of Wisconsin Hospitals and Clinics Authority whose employes are entitled to vote in a referendum to conduct the referenda a referendum provided for herein.

AB150, s. 3829 Section 3829. 111.85 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read: