AB361: Bill Text

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withdraw their final offers and mutually agreed upon modifications, the final offer of neither party is considered withdrawn and the arbitrator shall proceed to resolve the dispute by final and binding arbitration as provided in this section.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)