AB361: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB361, s. 1 Section 1. 20.512 (1) (c) of the statutes is created to read:

AB361,4,4 20.512 (1) (c) Arbitration expenses. A sum sufficient to pay the employer's share of expenses of arbitration in labor disputes involving state classified employes under s. 111.885 (6) (g).

AB361, s. 2 Section 2. 20.865 (1) (c) of the statutes is amended to read:

AB361,4,16 20.865 (1) (c) Compensation and related adjustments. A sum sufficient to supplement the appropriations to state agencies for the cost of compensation and related adjustments approved by the legislature or awarded under s. ss. 111.885 and 111.92 for represented employes and, approved by the joint committee on employment relations under s. 230.12 and approved by the legislature, when required, for nonrepresented employes in the classified service and comparable adjustments for nonrepresented employes in the unclassified service, except those nonrepresented employes specified in ss. 20.923 (5) and (6) (c) and (m) and 230.08 (2) (d) and (f), as determined under s. 20.928, other than adjustments funded under par. (cj). Unclassified employes included under s. 20.923 (2) need not be paid comparable adjustments.

AB361, s. 3 Section 3. 20.865 (1) (i) of the statutes is amended to read:

AB361,5,8 20.865 (1) (i) Compensation and related adjustments; program revenues. From the appropriate program revenue and program revenue-service accounts, a sum sufficient to supplement the appropriations to state agencies for the cost of compensation and related adjustments approved by the legislature or awarded under s. ss. 111.885 and 111.92 for represented employes and, approved by the joint committee on employment relations under s. 230.12 and approved by the legislature, when required for nonrepresented employes in the classified service and comparable adjustments for nonrepresented employes in the unclassified service, except those nonrepresented employes specified in ss. 20.923 (5) and (6) (c) and (m) and 230.08 (2) (d) and (f), as determined under s. 20.928, other than adjustments funded under par. (cj). Unclassified employes included under s. 20.923 (2) need not be paid comparable adjustments.

AB361, s. 4 Section 4. 20.865 (1) (s) of the statutes is amended to read:

AB361,5,20 20.865 (1) (s) Compensation and related adjustments; segregated revenues. From the appropriate segregated funds, a sum sufficient to supplement the appropriations to state agencies for the cost of compensation and related adjustments approved by the legislature or awarded under s. ss. 111.885 and 111.92 for represented employes and, approved by the joint committee on employment relations under s. 230.12 and approved by the legislature, when required for nonrepresented employes in the classified service and comparable adjustments for nonrepresented employes in the unclassified service, except those nonrepresented employes specified in ss. 20.923 (5) and (6) (c) and (m) and 230.08 (2) (d) and (f), as determined under s. 20.928. Unclassified employes under s. 20.923 (2) need not be paid comparable adjustments.

AB361, s. 5 Section 5. 20.917 (3) (a) of the statutes is renumbered 20.917 (3).

AB361, s. 6 Section 6. 20.917 (3) (b) of the statutes is repealed.

AB361, s. 7 Section 7. 20.917 (6) of the statutes is amended to read:

AB361,6,2 20.917 (6) The secretary of employment relations may, in writing, delegate to an appointing authority the authority to approve reimbursement for moving expenses under sub. (1) (c), a temporary lodging allowance under sub. (3) (a) 2. (b) or expenses under sub. (5) (b).

AB361, s. 8 Section 8. 20.921 (1) (g) of the statutes is created to read:

AB361,6,6 20.921 (1) (g) This subsection does not apply to deductions payable to a labor organization during suspension of a dues checkoff agreement under s. 111.89 (4) (a) 1.

AB361, s. 9 Section 9. 40.02 (22) (e) and (25) (b) 8. of the statutes are amended to read:

AB361,6,14 40.02 (22) (e) Except for OASDHI purposes, at the employer's discretion, means compensation deemed to have been paid for services deemed to have been rendered during periods of leaves of absence without pay, at the employe's rate of pay prior to the leave, provided contributions and premiums on the deemed earnings are paid as required under s. 40.05. Any action taken under this paragraph that applies to state employes whose compensation is determined under s. 230.12 shall be taken pursuant to a collective bargaining agreement under subch. V of ch. 111 or s. 230.12.

AB361,6,16 (25) (b) 8. Any other employe of the state for whom coverage is authorized under a collective bargaining agreement under subch. V of ch. 111 or under s. 230.12;

AB361, s. 10 Section 10. 40.05 (1) (b) of the statutes is amended to read:

AB361,7,10 40.05 (1) (b) In lieu of employe payment, the employer may pay all or part of the contributions required by par. (a), but all the payments shall be available for benefit purposes to the same extent as required contributions deducted from earnings of the participating employes. Action to assume employe contributions as provided under this paragraph shall be taken at the time and in the form determined by the governing body of the participating employer. The state shall pay under this paragraph for employes covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose fringe benefits are compensation is determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless otherwise provided in a collective bargaining agreement under subch. V of ch. 111 or unless otherwise determined under s. 230.12. The state shall pay under this paragraph for employes who are not covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose fringe benefits are compensation is not determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3).

AB361, s. 11 Section 11. 40.05 (4) (ag) (intro.) of the statutes is amended to read:

AB361,7,17 40.05 (4) (ag) (intro.) Except as otherwise provided in accordance with a collective bargaining agreement under subch. V of ch. 111 or s. 230.12, the employer shall pay for its currently employed insured employes covered by a collective bargaining agreement under subch. V of ch. 111 or of the state whose health insurance premium contribution rates are compensation is determined under s. 230.12:

AB361, s. 12 Section 12. 40.05 (4) (ar) of the statutes is renumbered 40.05 (4) (ar) (intro.) and amended to read:

AB361,7,22 40.05 (4) (ar) (intro.) The employer shall pay under par. (a) for employes who are not covered by a collective bargaining agreement under subch. V of ch. 111 and for Notwithstanding par. (ag):

AB361,8,3 2. For employes whose health insurance premium contribution rates are compensation is not determined under s. 230.12 an, the employer shall pay the amount equal to the amount specified in par. (ag) unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3).

AB361, s. 13 Section 13. 40.05 (4) (ar) 1. of the statutes is created to read:

AB361,8,7 40.05 (4) (ar) 1. For employes whose compensation is determined under s. 230.12, the compensation plan may provide for a different amount to be paid by the employer than the amount specified in par. (ag).

AB361, s. 14 Section 14. 40.05 (4) (b) of the statutes is amended to read:

AB361,9,7 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2) and 757.02 (5) and subch. V of ch. 111 of any eligible employe shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employe under s. 40.02 (25) (b) 6. or 10., be converted, at the employe's current basic pay rate, to credits for payment of health insurance premiums on behalf of the employe or the employe's surviving insured dependents. The full premium for any eligible employe who is insured at the time of retirement, or for the surviving insured dependents of an eligible employe who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Except as provided in par. (bd), upon conversion of an employe's unused sick leave to credits under this paragraph, the employe or, if the employe is deceased, the employe's surviving insured dependents may elect to delay initiation of deductions from those credits for up to 10 years after the date of the conversion if the employe or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the last day of the 2nd month after the date on which the employe or surviving insured dependents later elect to initiate deductions from those credits. A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).

AB361, s. 15 Section 15. 40.05 (5) (intro.) and (b) 4. and (6) (a) of the statutes are amended to read:

AB361,9,14 40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employe shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. V of ch. 111 or s. 230.12:

AB361,9,16 (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2) and 757.02 (5) and subch. V of ch. 111.

AB361,9,24 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. V of ch. 111 or s. 230.12, each insured employe under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly instalments.

AB361, s. 16 Section 16. 40.23 (1) (f) 4. of the statutes is amended to read:

AB361,10,2 40.23 (1) (f) 4. Any employer may, in a collective bargaining agreement under subch. IV of ch. 111, limit its right to require retirement.

AB361, s. 17 Section 17. 40.62 (2) of the statutes is amended to read:

AB361,10,6 40.62 (2) Sick leave accumulation shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 757.02 (5) and 978.12 (3), subch. V of ch. 111 and the rules of the department.

AB361, s. 18 Section 18. 40.80 (3) of the statutes is repealed.

AB361, s. 19 Section 19. 111.71 (4) of the statutes is created to read:

AB361,10,13 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.885. The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB361, s. 20 Section 20. 111.71 (4) of the statutes is amended to read:

AB361,10,19 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law laws under s. ss. 111.70 (4) (cm) and 111.885. The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB361, s. 21 Section 21. 111.71 (5) of the statutes is amended to read:

AB361,11,5 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under s. ss. 111.70 (4) (cm) and 111.885. The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.

AB361, s. 22 Section 22. 111.71 (5) of the statutes, as affected by 1993 Wisconsin Acts 16 and .... (this act), is repealed and recreated to read:

AB361,11,11 111.71 (5) The commission may provide training programs to individuals and organizations on various aspects of collective bargaining and areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.

AB361, s. 23 Section 23. 111.81 (1) of the statutes is amended to read:

AB361,11,20 111.81 (1) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employes, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.91 (1) with the intention of reaching an agreement, or to resolve questions arising under such an agreement. 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.

AB361, s. 24 Section 24. 111.825 (5) of the statutes is amended to read:

AB361,12,5 111.825 (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).

AB361, s. 25 Section 25. 111.84 (1) (b) of the statutes is amended to read:

AB361,12,23 111.84 (1) (b) Except as otherwise provided in this paragraph, to 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 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.

AB361, s. 26 Section 26. 111.84 (1) (d) of the statutes is amended to read:

AB361,13,10 111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91 (1) with a representative of a majority of its employes in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employes in appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB361, s. 27 Section 27. 111.84 (1) (g) of the statutes is created to read:

AB361,13,13 111.84 (1) (g) To fail to implement an arbitration award lawfully made under s. 111.885.

AB361, s. 28 Section 28. 111.84 (2) (c) of the statutes is amended to read:

AB361,13,22 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employes specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employes specified in s. 111.81 (7) (b) or (c) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB361, s. 29 Section 29. 111.84 (2) (e) of the statutes is amended to read:

AB361,14,3 111.84 (2) (e) To Except as authorized in s. 111.885, to engage in, induce or encourage any employes to engage in a strike, or a concerted refusal to work or perform their usual duties as employes.

AB361, s. 30 Section 30. 111.84 (2) (g) of the statutes is created to read:

AB361,14,6 111.84 (2) (g) To fail to implement an arbitration award lawfully made under s. 111.885.

AB361, s. 31 Section 31. 111.86 of the statutes is repealed.

AB361, s. 32 Section 32. 111.87 of the statutes is repealed.

AB361, s. 33 Section 33. 111.88 of the statutes is repealed.

AB361, s. 34 Section 34. 111.885 of the statutes is created to read:

AB361,14,22 111.885 Methods for peaceful settlement of disputes. (1) Notice of commencement of contract negotiations. For the purpose of advising the commission of the commencement of contract negotiations, whenever the employer or a labor organization certified or recognized to represent employes under this subchapter requests the other party to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no such agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide such notice, the other party may so notify the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall set forth any additional information that the commission may require on a form provided by the commission.

AB361,15,4 (2) Presentation of initial proposals; open meetings. The meetings between parties to a collective bargaining agreement or proposed collective bargaining agreement under this subchapter that are held for the purpose of presenting initial bargaining proposals, along with supporting rationale, shall be open to the public. Each party shall submit its initial bargaining proposals to the other party in writing. Failure to comply with this subsection is not cause to invalidate a collective bargaining agreement under this subchapter.

AB361,15,8 (3) Mediation. The commission or its designee shall function as mediator in labor disputes involving employes, upon request of one or both of the parties or upon initiation of the commission. The function of the mediator is to encourage voluntary settlement by the parties. No mediator has the power of compulsion.

AB361,15,13 (4) Grievance arbitration. Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement under this subchapter may agree in writing to have the commission or any other appropriate agency serve as an arbitrator or may designate any other competent, impartial and disinterested person to so serve. Such proceedings are governed by ch. 788.

AB361,15,22 (5) Voluntary impasse resolution procedures. In addition to the other impasse resolution procedures provided in this section, the employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter, including authorization for a strike by employes or binding interest arbitration. A copy of the agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated in sub. (7).

AB361,16,11 (6) Arbitration. (a) If a dispute has not been settled after a reasonable period of negotiation and after mediation by the commission under sub. (3) and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over mandatory subjects of bargaining enumerated in s. 111.91 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 section. 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 days after 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.

AB361,17,25 (b) 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 subsection 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 is not affected by failure to comply with such procedures. Prior to the close of the investigation, each party shall submit in writing to the commission the party's single final offer containing its final proposals on all issues in dispute. 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 that subject shall then be treated as a mandatory subject. No later than that time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters that 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 that list, the parties shall alternately strike names until a single name is left. The commission shall then appoint as arbitrator the individual whose name is left. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of the 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. All arbitration decisions by an arbitration 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.

AB361,18,6 (c) The arbitrator shall, within 10 days after his or her appointment, establish a date and place for the conduct of the arbitration hearing. The final offers of the parties, as transmitted by the commission to the arbitrator, shall serve as the basis for continued negotiations, if any, between the parties with respect to the issues in dispute. At any time prior to the arbitration hearing, either party, with the consent of the other party, may modify its final offer in writing.

AB361,18,16 (d) Prior to the arbitration hearing, either party may, within a time limit established by the arbitrator, withdraw its final offer and mutually agreed upon modifications thereof, if any, and shall immediately provide written notice of the withdrawal to the other party, the arbitrator and the commission. If both parties withdraw their final offers and mutually agreed upon modifications, the labor organization, after giving 10 days' advance written notice to the employer and the commission, may strike. Unless both parties withdraw their final offers and mutually agreed upon modifications, the final offer of neither party is considered withdrawn and the arbitrator shall proceed to resolve the dispute by final and binding arbitration as provided in this section.

AB361,18,24 (e) The arbitrator shall adopt without further modification the final offer of one of the parties on all disputed issues submitted under par. (b), including any prior modifications of the offer mutually agreed upon by the parties under par. (c), except those items that the commission determines not to be mandatory subjects of bargaining and those items that have not been treated as mandatory subjects by the parties. The arbitrator's decision shall be final and binding on both parties and shall be incorporated into a written collective bargaining agreement. The arbitrator shall serve a copy of his or her decision on both parties and the commission.

AB361,19,2 (f) Arbitration proceedings may not be interrupted or terminated by reason of any unfair labor practice complaint filed by either party at any time.

AB361,19,5 (g) The costs of arbitration shall be divided equally between the parties. The arbitrator shall submit a statement of his or her costs to both parties and to the commission.

AB361,19,15 (h) Either party may petition the commission for a declaratory ruling as to whether any proposal made in negotiations is a mandatory, permissive or prohibited subject of bargaining. The commission shall issue a decision on such a petition within 15 days, which shall have the effect of an order issued under s. 111.07. The filing of a petition under this paragraph does not prevent the filing of an unfair labor practice complaint concerning the same activity. If a petition is filed under this paragraph, the proceedings under pars. (d) and (e) shall be delayed until the commission renders a decision in the matter, but not during any appeal of the commission order. The arbitrator's award shall be made in accordance with the commission's ruling, subject to automatic amendment by any subsequent court reversal thereof.

AB361,19,18 (7) Factors considered. In making any decision under the arbitration procedures authorized by this section, the arbitrator shall give weight to the following factors:

AB361,19,19 (a) The lawful authority of the employer.

AB361,19,20 (b) Stipulations of the parties.

AB361,19,21 (c) The interests and welfare of the public.

AB361,19,23 (d) The financial ability of the employer to meet the costs of any proposed settlement.

AB361,20,3 (e) Comparison of wages, hours and conditions of employment of the employes involved in the arbitration proceedings with the wages, hours and conditions of employment of other employes performing similar services.

AB361,20,6 (f) Comparison of wages, hours and conditions of employment of the employes involved in the arbitration proceedings with the wages, hours and conditions of employment of other employes generally in public employment.

AB361,20,8 (g) The average consumer prices for goods and services, commonly known as the cost of living.

AB361,20,12 (h) The overall compensation presently received by the employes, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received by the employes.