AB361: Bill Text

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.

AB361,20,14 (i) Changes in any of the circumstances specified in pars. (a) to (h) during the pendency of the arbitration proceedings.

AB361,20,18 (j) Such other factors as are normally or traditionally taken into consideration in the determination of wages, fringe benefits, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment.

AB361,20,20 (8) Rule making. The commission shall promulgate rules for the conduct of all arbitration proceedings under sub. (6), including rules for all of the following:

AB361,20,22 (a) The appointment of tripartite arbitration panels when requested by the parties.

AB361,20,24 (b) The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.

AB361,21,2 (c) The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.

AB361,21,3 (d) Proceedings for the enforcement of arbitration decisions.

AB361,21,5 (9) Application. Chapter 788 does not apply to arbitration proceedings under sub. (6).

AB361, s. 35 Section 35. 111.89 (1) and (2) (intro.) of the statutes are amended to read:

AB361,21,13 111.89 (1) Upon establishing that a strike not authorized under s. 111.885 is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the department to decide whether to seek an injunction or to file an unfair labor practice charge or to impose or seek imposition of penalties under sub. (2) or (4). The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

AB361,21,16 (2) (intro.) The occurrence of a prohibited strike and the participation therein by a state an employe do not affect the rights of the employer, in law or in equity, to deal with the strike, including:

AB361, s. 36 Section 36. 111.89 (3) and (4) of the statutes are created to read:

AB361,22,3 111.89 (3) At any time after a labor organization gives advance notice of a strike under s. 111.885 (6) that is expressly authorized under s. 111.885 (6), any citizen directly affected by the strike may petition the circuit court to enjoin the strike. If the court finds that the strike poses an imminent threat to the public health or safety, the court shall, within 48 hours after the receipt of the petition but after notice to the parties and after holding a hearing, issue an order immediately enjoining the strike, and in addition shall order the parties to submit a new final offer on all disputed issues to the commission for final and binding arbitration as provided in s. 111.885. The commission, upon receipt of the final offers of the parties, shall transmit them to the arbitrator or a successor designated by the commission. The arbitrator shall omit preliminary steps and shall commence immediately to arbitrate the dispute.

AB361,22,10 (4) (a) 1. Notwithstanding s. 111.85, any labor organization that engages in a prohibited strike shall be penalized by the suspension of any dues checkoff agreement and maintenance of membership or fair-share agreement between the employer and that labor organization for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the employes covered by the agreement or the agreement is no longer in effect.

AB361,22,13 2. Any labor organization that engages in a strike after an injunction is issued against the strike shall be required to forfeit $2 per member per day, but not more than $10,000 per day. Each day of continued violation constitutes a separate offense.

AB361,22,20 (b) Any individual who engages in a strike after an injunction is issued against the strike shall be fined $10. Each day of continued violation constitutes a separate offense. After an injunction is issued, any employe who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the employer. The court shall order that any fine imposed under this paragraph be paid by means of a salary deduction at a rate to be determined by the court.

AB361,22,24 (c) Any person who authorizes or otherwise participates in a strike after the issuance of any final and binding arbitration award under s. 111.885 and prior to the end of the term of the agreement that the award amends or creates shall forfeit not less than $15. Each day of continued violation constitutes a separate offense.

AB361,23,2 (d) The penalties provided in this subsection do not preclude the imposition by the court of any penalty for contempt provided by law.

AB361,23,4 (e) No employe may be paid wages or any salary by the employer for the period during which he or she engages in any strike prohibited by this subchapter.

AB361,23,9 (f) Any party refusing to include an arbitration award under s. 111.885 in a written collective bargaining agreement or failing to implement the award, unless good cause is shown, is liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award.

AB361, s. 37 Section 37. 111.91 (1) (a) of the statutes is renumbered 111.91 and amended to read:

AB361,23,19 111.91 Subjects of bargaining. Except as provided in pars. (b) to (e), matters Matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified employes to duties of a higher classification or downward reallocations of a classified employe's position; fringe benefits consistent with sub. (2); wages, hours and conditions of employment.

AB361, s. 38 Section 38. 111.91 (1) (b) to (e), (2) and (4) of the statutes are repealed.

AB361, s. 39 Section 39. 111.92 (1) and (4) of the statutes are amended to read:

AB361,24,19 111.92 (1) Any Except where a collective bargaining agreement is placed into effect by an arbitrator's decision under s. 111.885, any tentative agreement reached between the department, acting for the executive branch, and any labor organization shall, after official ratification by the labor organization, be submitted by the department to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation. The matter may then be submitted to arbitration.

AB361,24,22 (4) It is the declared intention under this subchapter that the negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.

AB361, s. 40 Section 40. 111.93 (3) of the statutes is amended to read:

AB361,25,6 111.93 (3) Except as provided in ss. 40.05, 40.80 (3), 111.91 (1) (cm) and 230.88 (2) (b), if If a collective bargaining agreement exists between the employer and a labor organization representing employes in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the university of Wisconsin system, related to wages, fringe benefits, hours and conditions of employment whether or not the matters contained in those statutes, rules and policies are set forth in the collective bargaining agreement.

AB361, s. 41 Section 41. 111.94 (2) of the statutes is amended to read:

AB361,25,19 111.94 (2) The commission shall assess and collect a filing fee of $25 from the party or parties filing a complaint alleging that an unfair labor practice has been committed under s. 111.84. The commission shall assess and collect a filing fee of $25 from the party or parties filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.86 111.885 (4). If such a request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for arbitration. A complaint or request for arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be deposited as general purpose revenue — earned.

AB361, s. 42 Section 42. 230.88 (2) (b) of the statutes is amended to read:

AB361,26,4 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employe under this subchapter. However, nothing Nothing in this subchapter affects any right of an employe to pursue a grievance in accordance with the procedure under provided in a collective bargaining agreement under subch. V of ch. 111, and if the commission determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.

AB361, s. 43 Section 43. 904.085 (2) (a) of the statutes is amended to read:

AB361,26,10 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87 111.885 (3), negotiation under s. 144.445 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

AB361, s. 44 Section 44. Appropriation changes.

AB361,26,16 (1)  In the schedule under section 20.005 (3) of the statutes for the appropriation to the employment relations commission under section 20.425 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $-0- for fiscal year 1995-96 and the dollar amount is increased by $-0- for fiscal year 1996-97 to carry out the responsibilities vested in the commission by this act.

AB361, s. 45 Section 45. Initial applicability.

AB361,26,20 (1)  This act first applies with respect to negotiations for collective bargaining agreements to be entered into for the biennial fiscal period commencing on June 29, 1997.

AB361, s. 46 Section 46. Effective dates. This act takes effect on the day after publication, except as follows:

AB361,26,24 (1)  The creation of section 111.71 (4) of the statutes and the repeal and recreation of section 111.71 (5) of the statutes take effect on July 1, 1996.

AB361,26,25 (End)