LRB-1656/2
RAC:jrd:jlb
1995 - 1996 LEGISLATURE
September 6, 1995 - Introduced by Representatives Baldwin, Prosser, Baldus,
Black, Bock, Boyle, Carpenter, Cullen, Grobschmidt, Gronemus, Hanson,
Huber, Huebsch, Kaufert, Kreibich, Kreuser, La Fave, Lehman, Meyer,
Musser, Notestein, Olsen, Ott, Plache, Plombon, R. Potter, Riley, Robson,
Ryba, Springer, Travis, Turner, Vander Loop, Wilder, Wirch, L. Young and
R. Young, cosponsored by Senators Zien, Andrea, Breske, Burke, Chvala,
Decker, Moen, Plewa and Risser. Referred to Committee on Labor and
Employment.
AB548,1,3
1An Act to create 111.81 (7) (d) and 111.825 (2) (e) of the statutes;
relating to:
2employment relations for attorneys employed in the office of the state public
3defender.
Analysis by the Legislative Reference Bureau
This bill extends the state employment labor relations act to cover attorneys
employed in the office of the state public defender. Excluded from coverage are
supervisors and management and confidential employes.
Under the bill, attorneys employed in the office of the state public defender are
expressly guaranteed the right of self-organization. Collective bargaining is
expressly authorized and required with certified representative organizations in
relation to specified subjects of bargaining. Mandatory subjects of bargaining are
salaries, fringe benefits, hours and conditions of employment; however, bargaining
is not required on certain subjects reserved to the management and direction of the
employer, except that procedures for the adjustment of grievances arising out of
disciplinary actions are a mandatory subject of bargaining. In addition, bargaining
is not permitted regarding the mission and goals of the office of the state public
defender.
The bill places the attorney positions in the office of the state public defender
in a separate collective bargaining unit from the units that currently comprise the
attorney positions in state service. Currently, one unit is comprised of attorneys in
the classified service and another unit is comprised of assistant district attorneys.
Under the bill, attorneys employed in the office of the state public defender have
the right to vote in an election conducted by the employment relations commission
as to whether there shall be collective bargaining and if so, with which
representative. Responsibilities of the state as an employer are handled under the
bill by the department of employment relations.
The unfair labor practices currently applicable to represented employes are
extended to apply to the attorneys employed in the office of the state public defender,
to their representative and to the state as their employer.
No compulsory means of dispute settlement are provided.
Strikes are prohibited. Strikes constitute an unfair labor practice and may be
enjoined by a court. Currently, strikes by attorneys employed in the office of the state
public defender are not authorized, but no law specifically treats the matter.
"Fair share" (agency shop) and "maintenance of membership" agreements
similar to those currently provided for represented employes are authorized. Under
a fair-share agreement, the state must deduct the amount of dues uniformly
required of all members of a union for the cost of the collective bargaining process and
contract administration from the paychecks of all employes in the bargaining unit
represented by that union, regardless of whether the employes are union members,
and pay the total amount deducted to the union. A fair-share agreement requires
the approval of two-thirds of the employes voting in a unit before it may take effect;
it may also be discontinued according to a similar procedure. Under a maintenance
of membership agreement, the state must deduct the amount of dues uniformly
required of all members of a union for the cost of the collective bargaining process and
contract administration from the paychecks of all employes in the bargaining unit
who are members of the union, and all employes who are hired after the effective date
of the agreement, and pay the total amount deducted to the union. A maintenance
of membership agreement requires the approval of a majority of the employes voting
in a unit before it may become effective, and may also be discontinued according to
a similar procedure.
Currently, no employment relations act applies to attorneys employed in the
office of the state public defender. Although such attorneys may organize and join
labor unions, the state is not required to recognize or bargain collectively with them
by statute. The employment relations commission has no responsibility to conduct
elections, mediate disputes, arbitrate grievances or adjudicate alleged unfair labor
practices involving attorneys employed in the office of the state public defender and
their employer.
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:
AB548, s. 1
1Section
1. 111.81 (7) (d) of the statutes is created to read:
AB548,2,42
111.81
(7) (d) Attorneys employed in the office of the state public defender,
3except supervisors, management employes or individuals who are privy to
4confidential matters affecting the employer-employe relationship.
AB548, s. 2
1Section
2. 111.825 (2) (e) of the statutes is created to read:
AB548,3,22
111.825
(2) (e) Attorneys employed in the office of the state public defender.
AB548,3,4
4(1)
This act takes effect on July 1, 1996.
