LRB-0369/1
RAC:skg:ks
1995 - 1996 LEGISLATURE
May 10, 1995 - Introduced by Representatives Black, Baldus, Boyle, Bock,
Baldwin and Plombon. Referred to Committee on Labor and Employment.
AB361,1,13
1An Act to repeal 20.917 (3) (b), 40.80 (3), 111.86, 111.87, 111.88 and 111.91 (1)
2(b) to (e), (2) and (4);
to renumber 20.917 (3) (a);
to renumber and amend
340.05 (4) (ar) and 111.91 (1) (a);
to amend 20.865 (1) (c), 20.865 (1) (i), 20.865
4(1) (s), 20.917 (6), 40.02 (22) (e) and (25) (b) 8., 40.05 (1) (b), 40.05 (4) (ag) (intro.),
540.05 (4) (b), 40.05 (5) (intro.) and (b) 4. and (6) (a), 40.23 (1) (f) 4., 40.62 (2),
6111.71 (4), 111.71 (5), 111.81 (1), 111.825 (5), 111.84 (1) (b), 111.84 (1) (d), 111.84
7(2) (c), 111.84 (2) (e), 111.89 (1) and (2) (intro.), 111.92 (1) and (4), 111.93 (3),
8111.94 (2), 230.88 (2) (b) and 904.085 (2) (a);
to repeal and recreate 111.71 (5);
9and
to create 20.512 (1) (c), 20.921 (1) (g), 40.05 (4) (ar) 1., 111.71 (4), 111.84
10(1) (g), 111.84 (2) (g), 111.885 and 111.89 (3) and (4) of the statutes;
relating to:
11subjects of collective bargaining and authorization of arbitration and a limited
12right to strike under the state employment labor relations act, granting
13rule-making authority, making appropriations and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes changes in the subjects of collective bargaining and creates a
dispute settlement procedure for classified state employes, program, project and
teaching assistants of the University of Wisconsin System and assistant district
attorneys.
Subjects of collective bargaining
Under the state employment labor relations act, the state and recognized or
certified employe organizations are required to bargain collectively in good faith with
respect to certain subjects. Currently, the subjects are wage rates, assignment and
reassignment of classifications to pay ranges, determination of an incumbent's pay
status resulting from position reallocation or reclassification, pay adjustments upon
temporary assignment of a classified employe to duties of a higher classification or
downward reallocations of a classified employe's position, fringe benefits, hours and
terms and conditions of employment, except that employe occupancy of lodging
provided by the state is not a mandatory subject of bargaining and demands relating
to retirement and group insurance must be submitted to the employer at least one
year prior to the beginning of negotiations (the consequences of failure to comply
with this requirement are not set forth). The employer is prohibited from bargaining
with respect to the mission and goals of state agencies; policies, practices and
procedures of the civil service merit system relating to original appointments and
promotions or the job evaluation system; the standard for discharge or discipline; job
abandonments; grants made by the department of transportation for repayment of
educational loans to minority civil engineers; family and medical leave rights that
are less generous than those accorded to nonstate employes under state law; certain
employe retirement contributions; interstate retirement credit reciprocity; a
prohibition on the purchase of creditable service for retirement benefit purposes in
order to establish entitlement to, or to affect the amount of, certain other
governmental benefits; and requirements to take lie detector tests that provide fewer
rights and remedies to employes than would be available in the absence of a collective
bargaining agreement. The employer is directed to endeavor to obtain agreements
that do not include provision for payments based upon the period of time an employe
has been employed by the state ("length-of-service payments"). In addition, the
amount of employe retirement and health insurance contributions (unless otherwise
provided in a collective bargaining agreement), the terms of deferred compensation
plans, temporary lodging allowances and provisions granting protections to certain
employes who make disclosures of improper activity ("whistleblowers") are governed
by statute rather than by collective bargaining agreement.
This bill provides, instead, that the state and recognized or certified employe
organizations are required to bargain collectively in good faith with respect to wages,
hours and conditions of employment. The bill deletes the direction to the employer
concerning longevity payments. The bill also deletes the prohibited subjects and the
exceptions covering retirement and health insurance contributions, deferred
compensation, temporary lodging allowances and employe disclosures. Under the
bill, bargaining is not required with respect to the prohibited subjects unless they are
construed to fall within the purview of "wages, hours and conditions of employment".
Current law provides that a statutory provision governing retirement for state
employes applies to state employes who are covered by a collective bargaining
agreement unless otherwise specifically provided in the applicable collective
bargaining agreement. The bill provides that provisions governing retirement for
state employes that are contained in a collective bargaining agreement between the
state and a labor organization representing those state employes supersede any
statutory provisions that pertain to retirement, regardless of whether the matters
set forth in the statutes are contained in the agreement.
Current law provides that the state may make a change in any law governing
retirement for state employes and may take any action that the law permits the state
to take under such a law without committing an unfair labor practice, unless an
applicable collective bargaining agreement specifically prohibits the change or
action. Any change in the law or any action by the state does not relieve the state
of its current duty to bargain collectively with the representatives of represented
employes concerning changes in provisions governing their retirement. The bill
provides that it is an unfair labor practice for the state to make any change in
provisions governing retirement for state employes who are represented by a
recognized or certified representative unless the state first bargains collectively in
good faith with the representative concerning the proposed change.
Dispute settlement procedure
The bill also creates a dispute settlement procedure for labor disputes involving
employes covered by the bill. Under the procedure, the employer and any labor union
representing the employes are permitted to agree upon their own dispute settlement
procedures, including binding interest arbitration or authorization for a strike. If
mediation fails and the parties do not agree on their own settlement procedure, the
employer or the union, or the parties jointly, may request the employment relations
commission to commence a process of arbitration of those issues in dispute that are
mandatory subjects of bargaining (or that have been treated as such by the parties).
Arbitration is required unless both parties agree to a strike. If arbitration is used,
the arbitrator or panel must select the complete final offer of one of the parties
without change. If arbitration is not used, each tentative agreement between the
parties is submitted to the joint committee on employment relations (JCOER) and
the legislature for approval in a procedure similar to that used under existing law.
Currently, mediation and fact-finding (nonbinding arbitration) are the only means
of dispute settlement provided in state employe labor disputes. No compulsory
means of dispute settlement is currently authorized.
Under the procedure created by the bill, unless otherwise agreed by the parties,
strikes are prohibited. If a strike affects the public health or safety, a court may
enjoin the strike and require instead that the dispute that is the subject of the strike
be submitted to arbitration. All prohibited strikes constitute an unfair labor practice
and may be enjoined by a court. Any labor union engaging in a prohibited strike is
to be penalized by a one-year suspension of any dues checkoff and maintenance of
membership or fair-share agreement between the union and the employer. In
addition, the union and its members are subject to monetary penalties for striking
after an injunction is issued and special penalties for striking in violation of an
arbitration award. Any party refusing to implement an award is civilly liable to the
other party for costs incurred to enforce the award. Under the bill, the failure of
either party to implement an award is an unfair labor practice. Although strikes by
state employes are not authorized currently, the special penalties for strikes do not
currently apply to state employes.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB361, s. 1
1Section
1. 20.512 (1) (c) of the statutes is created to read:
AB361,4,42
20.512
(1) (c)
Arbitration expenses. A sum sufficient to pay the employer's
3share of expenses of arbitration in labor disputes involving state classified employes
4under s. 111.885 (6) (g).
AB361, s. 2
5Section
2. 20.865 (1) (c) of the statutes is amended to read:
AB361,4,166
20.865
(1) (c)
Compensation and related adjustments. A sum sufficient to
7supplement the appropriations to state agencies for the cost of compensation and
8related adjustments approved
by the legislature or awarded under
s. ss. 111.885 and 9111.92 for represented employes
and, approved by the joint committee on
10employment relations under s. 230.12 and
approved by the legislature, when
11required, for nonrepresented employes in the classified service and comparable
12adjustments for nonrepresented employes in the unclassified service, except those
13nonrepresented employes specified in ss. 20.923 (5) and (6) (c) and (m) and 230.08 (2)
14(d) and (f), as determined under s. 20.928, other than adjustments funded under par.
15(cj). Unclassified employes included under s. 20.923 (2) need not be paid comparable
16adjustments.
AB361, s. 3
17Section
3. 20.865 (1) (i) of the statutes is amended to read:
AB361,5,818
20.865
(1) (i)
Compensation and related adjustments; program revenues. From
19the appropriate program revenue and program revenue-service accounts, a sum
20sufficient to supplement the appropriations to state agencies for the cost of
21compensation and related adjustments approved
by the legislature or awarded
1under
s. ss. 111.885 and 111.92 for represented employes
and, approved by the joint
2committee on employment relations under s. 230.12 and
approved by the legislature,
3when required for nonrepresented employes in the classified service and comparable
4adjustments for nonrepresented employes in the unclassified service, except those
5nonrepresented employes specified in ss. 20.923 (5) and (6) (c) and (m) and 230.08 (2)
6(d) and (f), as determined under s. 20.928, other than adjustments funded under par.
7(cj). Unclassified employes included under s. 20.923 (2) need not be paid comparable
8adjustments.
AB361, s. 4
9Section
4. 20.865 (1) (s) of the statutes is amended to read:
AB361,5,2010
20.865
(1) (s)
Compensation and related adjustments; segregated revenues. 11From the appropriate segregated funds, a sum sufficient to supplement the
12appropriations to state agencies for the cost of compensation and related
13adjustments approved
by the legislature or awarded under
s. ss. 111.885 and 111.92
14for represented employes
and, approved by the joint committee on employment
15relations under s. 230.12 and
approved by the legislature, when required for
16nonrepresented employes in the classified service and comparable adjustments for
17nonrepresented employes in the unclassified service, except those nonrepresented
18employes specified in ss. 20.923 (5) and (6) (c) and (m) and 230.08 (2) (d) and (f), as
19determined under s. 20.928. Unclassified employes under s. 20.923 (2) need not be
20paid comparable adjustments.
AB361, s. 5
21Section
5. 20.917 (3) (a) of the statutes is renumbered 20.917 (3).
AB361, s. 6
22Section
6. 20.917 (3) (b) of the statutes is repealed.
AB361, s. 7
23Section
7. 20.917 (6) of the statutes is amended to read:
AB361,6,224
20.917
(6) The secretary of employment relations may, in writing, delegate to
25an appointing authority the authority to approve reimbursement for moving
1expenses under sub. (1) (c), a temporary lodging allowance under sub. (3)
(a) 2. (b) 2or expenses under sub. (5) (b).
AB361, s. 8
3Section
8. 20.921 (1) (g) of the statutes is created to read:
AB361,6,64
20.921
(1) (g) This subsection does not apply to deductions payable to a labor
5organization during suspension of a dues checkoff agreement under s. 111.89 (4) (a)
61.
AB361, s. 9
7Section
9. 40.02 (22) (e) and (25) (b) 8. of the statutes are amended to read:
AB361,6,148
40.02
(22) (e) Except for OASDHI purposes, at the employer's discretion,
9means compensation deemed to have been paid for services deemed to have been
10rendered during periods of leaves of absence without pay, at the employe's rate of pay
11prior to the leave, provided contributions and premiums on the deemed earnings are
12paid as required under s. 40.05. Any action taken under this paragraph that applies
13to state employes
whose compensation is determined under s. 230.12 shall be taken
14pursuant to
a collective bargaining agreement under subch. V of ch. 111 or s. 230.12.
AB361,6,16
15(25) (b) 8. Any other employe of the state for whom coverage is authorized
16under
a collective bargaining agreement under subch. V of ch. 111 or under s. 230.12;
AB361, s. 10
17Section
10. 40.05 (1) (b) of the statutes is amended to read:
AB361,7,1018
40.05
(1) (b) In lieu of employe payment, the employer may pay all or part of
19the contributions required by par. (a), but all the payments shall be available for
20benefit purposes to the same extent as required contributions deducted from
21earnings of the participating employes. Action to assume employe contributions as
22provided under this paragraph shall be taken at the time and in the form determined
23by the governing body of the participating employer. The state shall pay under this
24paragraph
for employes covered by a collective bargaining agreement under subch.
25V of ch. 111 and for employes whose
fringe benefits are compensation is determined
1under s. 230.12 an amount equal to 4% of the earnings paid by the state unless
2otherwise provided in a collective bargaining agreement under subch. V of ch. 111 or
3unless otherwise determined under s. 230.12. The state shall pay under this
4paragraph for employes
who are not covered by a collective bargaining agreement
5under subch. V of ch. 111 and for employes whose
fringe benefits are compensation
6is not determined under s. 230.12 an amount equal to 4% of the earnings paid by the
7state unless a different amount is recommended by the secretary of employment
8relations and approved by the joint committee on employment relations in the
9manner provided for approval of changes in the compensation plan under s. 230.12
10(3).
AB361, s. 11
11Section
11. 40.05 (4) (ag) (intro.) of the statutes is amended to read:
AB361,7,1712
40.05
(4) (ag) (intro.) Except as otherwise provided in
accordance with a
13collective bargaining agreement under subch. V of ch. 111 or s. 230.12, the employer
14shall pay for
its currently employed insured employes
covered by a collective
15bargaining agreement under subch. V of ch. 111 or of the state whose
health
16insurance premium contribution rates are compensation is determined under s.
17230.12:
AB361, s. 12
18Section
12. 40.05 (4) (ar) of the statutes is renumbered 40.05 (4) (ar) (intro.)
19and amended to read:
AB361,7,2220
40.05
(4) (ar) (intro.)
The employer shall pay under par. (a) for employes who
21are not covered by a collective bargaining agreement under subch. V of ch. 111 and
22for Notwithstanding par. (ag):
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.