AB361,8,3
232. For employes whose
health insurance premium contribution rates are 24compensation is not determined under s. 230.12
an, the employer shall pay the 25amount
equal to the amount specified in par. (ag) unless a different amount is
1recommended by the secretary of employment relations and approved by the joint
2committee on employment relations in the manner provided for approval of changes
3in the compensation plan under s. 230.12 (3).
AB361, s. 13
4Section
13. 40.05 (4) (ar) 1. of the statutes is created to read:
AB361,8,75
40.05
(4) (ar) 1. For employes whose compensation is determined under s.
6230.12, the compensation plan may provide for a different amount to be paid by the
7employer than the amount specified in par. (ag).
AB361, s. 14
8Section
14. 40.05 (4) (b) of the statutes is amended to read:
AB361,9,79
40.05
(4) (b) Except as provided under pars. (bc) and (bp), accumulated unused
10sick leave under ss. 13.121 (4), 36.30, 230.35 (2) and 757.02 (5)
and subch. V of ch.
11111 of any eligible employe shall, at the time of death, upon qualifying for an
12immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination
13of creditable service and qualifying as an eligible employe under s. 40.02 (25) (b) 6.
14or 10., be converted, at the employe's current basic pay rate, to credits for payment
15of health insurance premiums on behalf of the employe or the employe's surviving
16insured dependents. The full premium for any eligible employe who is insured at the
17time of retirement, or for the surviving insured dependents of an eligible employe
18who is deceased, shall be deducted from the credits until the credits are exhausted
19and paid from the account under s. 40.04 (10), and then deducted from annuity
20payments, if the annuity is sufficient. The department shall provide for the direct
21payment of premiums by the insured to the insurer if the premium to be withheld
22exceeds the annuity payment. Except as provided in par. (bd), upon conversion of an
23employe's unused sick leave to credits under this paragraph, the employe or, if the
24employe is deceased, the employe's surviving insured dependents may elect to delay
25initiation of deductions from those credits for up to 10 years after the date of the
1conversion if the employe or surviving insured dependents are covered by a
2comparable health insurance plan or policy during the period beginning on the date
3of the conversion and ending on the last day of the 2nd month after the date on which
4the employe or surviving insured dependents later elect to initiate deductions from
5those credits. A health insurance plan or policy is considered comparable if it
6provides hospital and medical benefits that are substantially equivalent to the
7standard health insurance plan established under s. 40.52 (1).
AB361, s. 15
8Section
15. 40.05 (5) (intro.) and (b) 4. and (6) (a) of the statutes are amended
9to read:
AB361,9,1410
40.05
(5) Income continuation insurance premiums. (intro.) For the income
11continuation insurance provided under subch. V the employe shall pay the amount
12remaining after the employer has contributed the following or, if different, the
13amount determined under
a collective bargaining agreement under subch. V of ch.
14111 or s. 230.12:
AB361,9,1615
(b) 4. The accrual and crediting of sick leave shall be determined in accordance
16with ss. 13.121 (4), 36.30, 230.35 (2) and 757.02 (5)
and subch. V of ch. 111.
AB361,9,24
17(6) (a) Except as otherwise provided in accordance with
a collective bargaining
18agreement under subch. V of ch. 111 or s. 230.12, each insured employe under the age
19of 70 and annuitant under the age of 65 shall pay for group life insurance coverage
20a sum, approved by the group insurance board, which shall not exceed 60 cents
21monthly for each $1,000 of group life insurance, based upon the last amount of
22insurance in force during the month for which earnings are paid. The equivalent
23premium may be fixed by the group insurance board if the annual compensation is
24paid in other than 12 monthly instalments.
AB361, s. 16
25Section
16. 40.23 (1) (f) 4. of the statutes is amended to read:
AB361,10,2
140.23
(1) (f) 4. Any employer may, in a collective bargaining agreement
under
2subch. IV of ch. 111, limit its right to require retirement.
AB361, s. 17
3Section
17. 40.62 (2) of the statutes is amended to read:
AB361,10,64
40.62
(2) Sick leave accumulation shall be determined in accordance with ss.
513.121 (4), 36.30, 230.35 (2), 757.02 (5) and 978.12 (3)
, subch. V of ch. 111 and the
6rules of the department.
AB361, s. 18
7Section
18. 40.80 (3) of the statutes is repealed.
AB361, s. 19
8Section
19. 111.71 (4) of the statutes is created to read:
AB361,10,139
111.71
(4) The commission shall collect on a systematic basis information on
10the operation of the arbitration law under s. 111.885. The commission shall report
11on the operation of the law to the legislature on an annual basis. The report shall
12be submitted to the chief clerk of each house of the legislature for distribution to the
13legislature under s. 13.172 (2).
AB361, s. 20
14Section
20. 111.71 (4) of the statutes is amended to read:
AB361,10,1915
111.71
(4) The commission shall collect on a systematic basis information on
16the operation of the arbitration
law laws under
s. ss. 111.70 (4) (cm)
and 111.885. The
17commission shall report on the operation of the law to the legislature on an annual
18basis. The report shall be submitted to the chief clerk of each house of the legislature
19for distribution to the legislature under s. 13.172 (2).
AB361, s. 21
20Section
21. 111.71 (5) of the statutes is amended to read:
AB361,11,521
111.71
(5) The commission shall, on a regular basis, provide training programs
22to prepare individuals for service as arbitrators or arbitration panel members under
23s. ss. 111.70 (4) (cm)
and 111.885. The commission shall engage in appropriate
24promotional and recruitment efforts to encourage participation in the training
25programs by individuals throughout the state, including at least 10 residents of each
1congressional district. The commission may also provide training programs to
2individuals and organizations on other aspects of collective bargaining, including on
3areas of management and labor cooperation directly or indirectly affecting collective
4bargaining. The commission may charge a reasonable fee for participation in the
5programs.
AB361, s. 22
6Section
22. 111.71 (5) of the statutes, as affected by 1993 Wisconsin Acts 16
7and .... (this act), is repealed and recreated to read:
AB361,11,118
111.71
(5) The commission may provide training programs to individuals and
9organizations on various aspects of collective bargaining and areas of management
10and labor cooperation directly or indirectly affecting collective bargaining. The
11commission may charge a reasonable fee for participation in the programs.
AB361, s. 23
12Section
23. 111.81 (1) of the statutes is amended to read:
AB361,11,2013
111.81
(1) "Collective bargaining" means the performance of the mutual
14obligation of the state as an employer, by its officers and agents, and the
15representatives of its employes, to meet and confer at reasonable times, in good faith,
16with respect to the subjects of bargaining provided in s. 111.91
(1) with the intention
17of reaching an agreement, or to resolve questions arising under such an agreement.
18The duty to bargain, however, does not compel either party to agree to a proposal or
19require the making of a concession.
"Collective bargaining
" includes the reduction
20of any agreement reached to a written and signed document.
AB361, s. 24
21Section
24. 111.825 (5) of the statutes is amended to read:
AB361,12,522
111.825
(5) Although supervisors are not considered employes for purposes of
23this subchapter, the commission may consider a petition for a statewide
collective
24bargaining unit of professional supervisors or a statewide unit of nonprofessional
25supervisors in the classified service, but the representative of supervisors may not
1be affiliated with any labor organization representing employes. For purposes of this
2subsection, affiliation does not include membership in a national, state, county or
3municipal federation of national or international labor organizations. The certified
4representative of supervisors may not bargain collectively with respect to any matter
5other than wages and fringe benefits as provided in s. 111.91
(1).
AB361, s. 25
6Section
25. 111.84 (1) (b) of the statutes is amended to read:
AB361,12,237
111.84
(1) (b)
Except as otherwise provided in this paragraph, to To initiate,
8create, dominate or interfere with the formation or administration of any labor or
9employe organization or contribute financial support to it.
Except as provided in ss.
1040.02 (22) (e) and 40.23 (1) (f) 4, no change in any law affecting the Wisconsin
11retirement system under ch. 40 and no action by the employer that is authorized by
12such a law constitutes a violation of this paragraph unless an applicable collective
13bargaining agreement specifically prohibits the change or action. No such change
14or action affects the continuing duty to bargain collectively regarding the Wisconsin
15retirement system under ch. 40 to the extent required by s. 111.91. It is not an unfair
16labor practice for the employer to reimburse state employes at their prevailing wage
17rate for the time spent during the employe's regularly scheduled hours conferring
18with the employer's officers or agents and for attendance at commission or court
19hearings necessary for the administration of this subchapter. Professional
20supervisory or craft personnel may maintain membership in professional or craft
21organizations; however, as members of such organizations they shall be prohibited
22from those activities related to collective bargaining in which the organizations may
23engage.
AB361, s. 26
24Section
26. 111.84 (1) (d) of the statutes is amended to read:
AB361,13,10
1111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
2(1) with a representative of a majority of its employes in an appropriate collective
3bargaining unit. Where the employer has a good faith doubt as to whether a labor
4organization claiming the support of a majority of its employes in appropriate
5collective bargaining unit does in fact have that support, it may file with the
6commission a petition requesting an election as to that claim. It is not deemed to
7have refused to bargain until an election has been held and the results thereof
8certified to it by the commission. A violation of this paragraph includes, but is not
9limited to, the refusal to execute a collective bargaining agreement previously orally
10agreed upon.
AB361, s. 27
11Section
27. 111.84 (1) (g) of the statutes is created to read:
AB361,13,1312
111.84
(1) (g) To fail to implement an arbitration award lawfully made under
13s. 111.885.
AB361, s. 28
14Section
28. 111.84 (2) (c) of the statutes is amended to read:
AB361,13,2215
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
16(1) with the duly authorized officer or agent of the employer which is the recognized
17or certified exclusive collective bargaining representative of employes specified in s.
18111.81 (7) (a) in an appropriate collective bargaining unit or with the certified
19exclusive collective bargaining representative of employes specified in s. 111.81 (7)
20(b) or (c) in an appropriate collective bargaining unit. Such refusal to bargain shall
21include, but not be limited to, the refusal to execute a collective bargaining
22agreement previously orally agreed upon.
AB361, s. 29
23Section
29. 111.84 (2) (e) of the statutes is amended to read:
AB361,14,3
1111.84
(2) (e)
To Except as authorized in s. 111.885, to engage in, induce or
2encourage any employes to engage in a strike, or a concerted refusal to work or
3perform their usual duties as employes.
AB361, s. 30
4Section
30. 111.84 (2) (g) of the statutes is created to read:
AB361,14,65
111.84
(2) (g) To fail to implement an arbitration award lawfully made under
6s. 111.885.
AB361, s. 31
7Section
31. 111.86 of the statutes is repealed.
AB361, s. 32
8Section
32. 111.87 of the statutes is repealed.
AB361, s. 33
9Section
33. 111.88 of the statutes is repealed.
AB361, s. 34
10Section
34. 111.885 of the statutes is created to read:
AB361,14,22
11111.885 Methods for peaceful settlement of disputes.
(1) Notice of
12commencement of contract negotiations. For the purpose of advising the
13commission of the commencement of contract negotiations, whenever the employer
14or a labor organization certified or recognized to represent employes under this
15subchapter requests the other party to reopen negotiations under a binding collective
16bargaining agreement, or the parties otherwise commence negotiations if no such
17agreement exists, the party requesting negotiations shall immediately notify the
18commission in writing. Upon failure of the requesting party to provide such notice,
19the other party may so notify the commission. The notice shall specify the expiration
20date of the existing collective bargaining agreement, if any, and shall set forth any
21additional information that the commission may require on a form provided by the
22commission.
AB361,15,4
23(2) Presentation of initial proposals; open meetings. The meetings between
24parties to a collective bargaining agreement or proposed collective bargaining
25agreement under this subchapter that are held for the purpose of presenting initial
1bargaining proposals, along with supporting rationale, shall be open to the public.
2Each party shall submit its initial bargaining proposals to the other party in writing.
3Failure to comply with this subsection is not cause to invalidate a collective
4bargaining agreement under this subchapter.
AB361,15,8
5(3) Mediation. The commission or its designee shall function as mediator in
6labor disputes involving employes, upon request of one or both of the parties or upon
7initiation of the commission. The function of the mediator is to encourage voluntary
8settlement by the parties. No mediator has the power of compulsion.
AB361,15,13
9(4) Grievance arbitration. Parties to a dispute pertaining to the meaning or
10application of the terms of a written collective bargaining agreement under this
11subchapter may agree in writing to have the commission or any other appropriate
12agency serve as an arbitrator or may designate any other competent, impartial and
13disinterested person to so serve. Such proceedings are governed by ch. 788.
AB361,15,22
14(5) Voluntary impasse resolution procedures. In addition to the other
15impasse resolution procedures provided in this section, the employer and labor
16organization may at any time, as a permissive subject of bargaining, agree in writing
17to a dispute settlement procedure which is acceptable to the parties for resolving an
18impasse over terms of any collective bargaining agreement under this subchapter,
19including authorization for a strike by employes or binding interest arbitration. A
20copy of the agreement shall be filed by the parties with the commission. If the parties
21agree to any form of binding interest arbitration, the arbitrator shall give weight to
22the factors enumerated in sub. (7).
AB361,16,11
23(6) Arbitration. (a) If a dispute has not been settled after a reasonable period
24of negotiation and after mediation by the commission under sub. (3) and other
25settlement procedures, if any, established by the parties have been exhausted, and
1the parties are deadlocked with respect to any dispute between them over mandatory
2subjects of bargaining enumerated in s. 111.91 to be included in a new collective
3bargaining agreement, either party, or the parties jointly, may petition the
4commission in writing to initiate compulsory, final and binding arbitration as
5provided in this section. At the time the petition is filed, the petitioning party shall
6submit in writing to the other party and the commission its preliminary final offer
7containing its latest proposals on all issues in dispute. Within 14 days after the date
8of that submission, the other party shall submit in writing its preliminary final offer
9on all disputed issues to the petitioning party and the commission. If a petition is
10filed jointly, both parties shall exchange their preliminary final offers in writing and
11submit copies to the commission at the time the petition is filed.
AB361,17,2512
(b) Upon receipt of a petition to initiate arbitration, the commission shall make
13an investigation, with or without a formal hearing, to determine whether arbitration
14should be commenced. If in determining whether an impasse exists the commission
15finds that the procedures set forth in this subsection have not been complied with and
16such compliance would tend to result in a settlement, it may order such compliance
17before ordering arbitration. The validity of any arbitration award or collective
18bargaining agreement is not affected by failure to comply with such procedures.
19Prior to the close of the investigation, each party shall submit in writing to the
20commission the party's single final offer containing its final proposals on all issues
21in dispute. Such final offers may include only mandatory subjects of bargaining,
22except that a permissive subject of bargaining may be included by a party if the other
23party does not object and that subject shall then be treated as a mandatory subject.
24No later than that time, the parties shall also submit to the commission a stipulation,
25in writing, with respect to all matters that are agreed upon for inclusion in the new
1or amended collective bargaining agreement. The commission, after receiving a
2report from its investigator and determining that arbitration should be commenced,
3shall issue an order requiring arbitration and immediately submit to the parties a
4list of 7 arbitrators. Upon receipt of that list, the parties shall alternately strike
5names until a single name is left. The commission shall then appoint as arbitrator
6the individual whose name is left. The petitioning party shall notify the commission
7in writing of the identity of the arbitrator selected. Upon receipt of the notice, the
8commission shall formally appoint the arbitrator and submit to him or her the final
9offers of the parties. The final offers shall be considered public documents and shall
10be available from the commission. In lieu of a single arbitrator and upon request of
11both parties, the commission shall appoint a tripartite arbitration panel consisting
12of one member selected by each of the parties and a neutral person designated by the
13commission who shall serve as a chairperson. An arbitration panel has the same
14powers and duties as provided in this section for any other appointed arbitrator. All
15arbitration decisions by an arbitration panel shall be determined by majority vote.
16In lieu of selection of the arbitrator by the parties and upon request of both parties,
17the commission shall establish a procedure for randomly selecting names of
18arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators
19to the parties. Each party shall strike one name from the list. From the remaining
205 names, the commission shall randomly appoint an arbitrator. Unless both parties
21to an arbitration proceeding otherwise agree in writing, every individual whose
22name is submitted by the commission for appointment as an arbitrator shall be a
23resident of this state at the time of submission and every individual who is
24designated as an arbitration panel chairperson shall be a resident of this state at the
25time of designation.
AB361,18,6
1(c) The arbitrator shall, within 10 days after his or her appointment, establish
2a date and place for the conduct of the arbitration hearing. The final offers of the
3parties, as transmitted by the commission to the arbitrator, shall serve as the basis
4for continued negotiations, if any, between the parties with respect to the issues in
5dispute. At any time prior to the arbitration hearing, either party, with the consent
6of the other party, may modify its final offer in writing.
AB361,18,167
(d) Prior to the arbitration hearing, either party may, within a time limit
8established by the arbitrator, withdraw its final offer and mutually agreed upon
9modifications thereof, if any, and shall immediately provide written notice of the
10withdrawal to the other party, the arbitrator and the commission. If both parties
11withdraw their final offers and mutually agreed upon modifications, the labor
12organization, after giving 10 days' advance written notice to the employer and the
13commission, may strike. Unless both parties withdraw their final offers and
14mutually agreed upon modifications, the final offer of neither party is considered
15withdrawn and the arbitrator shall proceed to resolve the dispute by final and
16binding arbitration as provided in this section.
AB361,18,2417
(e) The arbitrator shall adopt without further modification the final offer of one
18of the parties on all disputed issues submitted under par. (b), including any prior
19modifications of the offer mutually agreed upon by the parties under par. (c), except
20those items that the commission determines not to be mandatory subjects of
21bargaining and those items that have not been treated as mandatory subjects by the
22parties. The arbitrator's decision shall be final and binding on both parties and shall
23be incorporated into a written collective bargaining agreement. The arbitrator shall
24serve a copy of his or her decision on both parties and the commission.
AB361,19,2
1(f) Arbitration proceedings may not be interrupted or terminated by reason of
2any unfair labor practice complaint filed by either party at any time.
AB361,19,53
(g) The costs of arbitration shall be divided equally between the parties. The
4arbitrator shall submit a statement of his or her costs to both parties and to the
5commission.
AB361,19,156
(h) Either party may petition the commission for a declaratory ruling as to
7whether any proposal made in negotiations is a mandatory, permissive or prohibited
8subject of bargaining. The commission shall issue a decision on such a petition within
915 days, which shall have the effect of an order issued under s. 111.07. The filing of
10a petition under this paragraph does not prevent the filing of an unfair labor practice
11complaint concerning the same activity. If a petition is filed under this paragraph,
12the proceedings under pars. (d) and (e) shall be delayed until the commission renders
13a decision in the matter, but not during any appeal of the commission order. The
14arbitrator's award shall be made in accordance with the commission's ruling, subject
15to automatic amendment by any subsequent court reversal thereof.
AB361,19,18
16(7) Factors considered. In making any decision under the arbitration
17procedures authorized by this section, the arbitrator shall give weight to the
18following factors:
AB361,19,1919
(a) The lawful authority of the employer.
AB361,19,2020
(b) Stipulations of the parties.
AB361,19,2121
(c) The interests and welfare of the public.
AB361,19,2322
(d) The financial ability of the employer to meet the costs of any proposed
23settlement.
AB361,20,3
1(e) Comparison of wages, hours and conditions of employment of the employes
2involved in the arbitration proceedings with the wages, hours and conditions of
3employment of other employes performing similar services.
AB361,20,64
(f) Comparison of wages, hours and conditions of employment of the employes
5involved in the arbitration proceedings with the wages, hours and conditions of
6employment of other employes generally in public employment.
AB361,20,87
(g) The average consumer prices for goods and services, commonly known as
8the cost of living.
AB361,20,129
(h) The overall compensation presently received by the employes, including
10direct wage compensation, vacation, holidays and excused time, insurance and
11pensions, medical and hospitalization benefits, the continuity and stability of
12employment, and all other benefits received by the employes.
AB361,20,1413
(i) Changes in any of the circumstances specified in pars. (a) to (h) during the
14pendency of the arbitration proceedings.
AB361,20,1815
(j) Such other factors as are normally or traditionally taken into consideration
16in the determination of wages, fringe benefits, hours and conditions of employment
17through voluntary collective bargaining, mediation, fact-finding, arbitration or
18otherwise between the parties, in the public service or in private employment.
AB361,20,20
19(8) Rule making. The commission shall promulgate rules for the conduct of all
20arbitration proceedings under sub. (6), including rules for all of the following:
AB361,20,2221
(a) The appointment of tripartite arbitration panels when requested by the
22parties.
AB361,20,2423
(b) The expeditious rendering of arbitration decisions, such as waivers of briefs
24and transcripts.
AB361,21,2
1(c) The removal of individuals who have repeatedly failed to issue timely
2decisions from the commission's list of qualified arbitrators.
AB361,21,33
(d) Proceedings for the enforcement of arbitration decisions.
AB361,21,5
4(9) Application. Chapter 788 does not apply to arbitration proceedings under
5sub. (6).
AB361, s. 35
6Section
35. 111.89 (1) and (2) (intro.) of the statutes are amended to read:
AB361,21,137
111.89
(1) Upon establishing that a strike
not authorized under s. 111.885 is
8in progress, the employer may either seek an injunction or file an unfair labor
9practice charge with the commission under s. 111.84 (2) (e) or both. It is the
10responsibility of the department to decide whether to seek an injunction or
to file an
11unfair labor practice charge
or to impose or seek imposition of penalties under sub.
12(2) or (4). The existence of an administrative remedy does not constitute grounds
13for denial of injunctive relief.
AB361,21,16
14(2) (intro.) The occurrence of a
prohibited strike and the participation therein
15by
a state an employe do not affect the rights of the employer, in law or in equity, to
16deal with the strike, including:
AB361, s. 36
17Section
36. 111.89 (3) and (4) of the statutes are created to read:
AB361,22,318
111.89
(3) At any time after a labor organization gives advance notice of a strike
19under s. 111.885 (6) that is expressly authorized under s. 111.885 (6), any citizen
20directly affected by the strike may petition the circuit court to enjoin the strike. If
21the court finds that the strike poses an imminent threat to the public health or safety,
22the court shall, within 48 hours after the receipt of the petition but after notice to the
23parties and after holding a hearing, issue an order immediately enjoining the strike,
24and in addition shall order the parties to submit a new final offer on all disputed
25issues to the commission for final and binding arbitration as provided in s. 111.885.
1 The commission, upon receipt of the final offers of the parties, shall transmit them
2to the arbitrator or a successor designated by the commission. The arbitrator shall
3omit preliminary steps and shall commence immediately to arbitrate the dispute.
AB361,22,10
4(4) (a) 1. Notwithstanding s. 111.85, any labor organization that engages in a
5prohibited strike shall be penalized by the suspension of any dues checkoff
6agreement and maintenance of membership or fair-share agreement between the
7employer and that labor organization for a period of one year. At the end of the period
8of suspension, any such agreement shall be reinstated unless the labor organization
9is no longer authorized to represent the employes covered by the agreement or the
10agreement is no longer in effect.
AB361,22,1311
2. Any labor organization that engages in a strike after an injunction is issued
12against the strike shall be required to forfeit $2 per member per day, but not more
13than $10,000 per day. Each day of continued violation constitutes a separate offense.
AB361,22,2014
(b) Any individual who engages in a strike after an injunction is issued against
15the strike shall be fined $10. Each day of continued violation constitutes a separate
16offense. After an injunction is issued, any employe who is absent from work because
17of purported illness is presumed to be on strike unless the illness is verified by a
18written report from a physician to the employer. The court shall order that any fine
19imposed under this paragraph be paid by means of a salary deduction at a rate to be
20determined by the court.
AB361,22,2421
(c) Any person who authorizes or otherwise participates in a strike after the
22issuance of any final and binding arbitration award under s. 111.885 and prior to the
23end of the term of the agreement that the award amends or creates shall forfeit not
24less than $15. Each day of continued violation constitutes a separate offense.
AB361,23,2
1(d) The penalties provided in this subsection do not preclude the imposition by
2the court of any penalty for contempt provided by law.
AB361,23,43
(e) No employe may be paid wages or any salary by the employer for the period
4during which he or she engages in any strike prohibited by this subchapter.
AB361,23,95
(f) Any party refusing to include an arbitration award under s. 111.885 in a
6written collective bargaining agreement or failing to implement the award, unless
7good cause is shown, is liable for attorney fees, interest on delayed monetary benefits,
8and other costs incurred in any action by the nonoffending party to enforce the
9award.
AB361, s. 37
10Section
37. 111.91 (1) (a) of the statutes is renumbered 111.91 and amended
11to read:
AB361,23,19
12111.91 Subjects of bargaining. Except as provided in pars. (b) to (e), matters 13Matters subject to collective bargaining to the point of impasse are
wage rates,
14consistent with sub. (2), the assignment and reassignment of classifications to pay
15ranges, determination of an incumbent's pay status resulting from position
16reallocation or reclassification, and pay adjustments upon temporary assignment of
17classified employes to duties of a higher classification or downward reallocations of
18a classified employe's position; fringe benefits consistent with sub. (2); wages, hours
19and conditions of employment.
AB361, s. 38
20Section
38. 111.91 (1) (b) to (e), (2) and (4) of the statutes are repealed.
AB361, s. 39
21Section
39. 111.92 (1) and (4) of the statutes are amended to read:
AB361,24,1922
111.92
(1) Any Except where a collective bargaining agreement is placed into
23effect by an arbitrator's decision under s. 111.885, any tentative agreement reached
24between the department, acting for the executive branch, and any labor organization
25shall, after official ratification by the labor organization, be submitted by the
1department to the joint committee on employment relations, which shall hold a
2public hearing before determining its approval or disapproval. If the committee
3approves the tentative agreement, it shall introduce in a bill or companion bills, to
4be put on the calendar or referred to the appropriate scheduling committee of each
5house, that portion of the tentative agreement which requires legislative action for
6implementation, such as salary and wage adjustments, changes in fringe benefits,
7and any proposed amendments, deletions or additions to existing law. Such bill or
8companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2).
9The committee may, however, submit suitable portions of the tentative agreement to
10appropriate legislative committees for advisory recommendations on the proposed
11terms. The committee shall accompany the introduction of such proposed legislation
12with a message that informs the legislature of the committee's concurrence with the
13matters under consideration and which recommends the passage of such legislation
14without change. If the joint committee on employment relations does not approve
15the tentative agreement, it shall be returned to the parties for renegotiation. If the
16legislature does not adopt without change that portion of the tentative agreement
17introduced by the joint committee on employment relations, the tentative agreement
18shall be returned to the parties for renegotiation.
The matter may then be submitted
19to arbitration.