LRB-2350/1
RAC&JTK:kmg:mkd
1995 - 1996 LEGISLATURE
February 21, 1996 - Introduced by Representatives Baldus, Musser, Baldwin,
Plombon, Boyle, Wirch, Bock, Ryba, Gronemus, Hasenohrl and Bell,
cosponsored by Senators C. Potter, Clausing, Chvala, Andrea, Grobschmidt,
Moen and Jauch. Referred to Committee on Labor and Employment.
AB925,1,7
1An Act to renumber 111.81 (1);
to renumber and amend 111.83 (4);
to amend
236.09 (4), 36.09 (4m), 111.83 (3), 111.83 (5) (a) to (c), (h) and (i), 111.84 (2) (c),
3111.91 (2) (a), 111.91 (4), 111.93 (2) and (3), 230.10 (2) and 230.34 (1) (ar);
to re
4peal and recreate 111.81 (10) and 111.91 (2) (a); and
to create 111.81 (1),
5111.81 (7) (e), 111.81 (8m), 111.815 (4), 111.825 (2) (e) to (j) and (2m), 111.83 (4)
6(b) and 111.91 (2) (br) of the statutes;
relating to: employment relations for
7members of the University of Wisconsin System faculty and academic staff.
Analysis by the Legislative Reference Bureau
This bill extends the state employment labor relations act to cover the members
of the faculty and academic staff of the University of Wisconsin (UW) System. Ex
cluded from coverage are members of the faculty and academic staff of the University
of Wisconsin-Extension, management employes and confidential employes.
Under the bill, UW faculty and academic staff members are expressly guaran
teed 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 and
hours and conditions of employment. Bargaining is not required on certain subjects
reserved to the management and direction of the university, 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 struc
ture, mission and goals of the UW System, and matters affecting the statutory rights
and responsibilities of students.
Bargaining units are structured so that the faculty and academic staff of the
UW-Madison bargain as 2 separate units; the faculty and academic staff of the UW-
Milwaukee bargain as 2 separate units; and the faculty and academic staff of each
of the other UW campuses and the faculty and academic staff of the UW-center sys
tem bargain as 2 separate units, with one unit for all faculty members on all of these
campuses and one unit for all academic staff members on all of these campuses. Em
ployes may vote to merge units, and employes in a merged unit may vote to redivide
the unit. The faculty and academic staff of each campus or the center system may
decide individually whether to participate in bargaining. In the multicampus collec
tive bargaining units, once a campus elects to participate in collective bargaining, it
may not elect to withdraw from participation except in conjunction with the other
campuses that have elected to participate, and in conjunction with the UW-center
system if the system elects to participate. Once the UW-center system elects to par
ticipate in collective bargaining, it may not elect to withdraw from participation ex
cept in conjunction with the campuses in the multicampus unit that have elected to
participate.
Employes in the bargaining units have the right to vote in an election conducted
by the employment relations commission as to whether there shall be collective bar
gaining and, if so, with which representative. The votes for representative are
counted at a campus or at the UW-center system only if the campus or the center
system elects to participate in collective bargaining. Responsibilities of the state as
an employer are handled under the bill by the department of employment relations.
However, the department is directed to maintain close liaison with the Board of Re
gents of the UW System with respect to collective bargaining activities involving UW
faculty and academic staff.
The unfair labor practices currently applicable to represented employes are ex
tended to apply to the members of the UW faculty and academic staff, to their labor
unions 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 faculty and academic staff members are
not authorized, but no law specifically treats the matter.
"Fair-share" (agency shop) and "maintenance of membership" agreements sim
ilar to those currently provided for represented employes are authorized. Under a
fair-share agreement, the UW 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 repre
sented 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 UW 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 mem
bership 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 simi
lar procedure. If the faculty or academic staff at any institution votes not to partici
pate in collective bargaining, that group does not participate in any fair-share or
maintenance of membership agreement.
Currently, faculty and academic staff members are entitled to participate in the
immediate governance and policy development at the institutions where they serve.
The bill provides that, when a labor union is certified to represent faculty or academic
staff members at an institution, this participation in governance and policy develop
ment does not extend to mandatory subjects of bargaining with the union or subjects
that are treated in a collective bargaining agreement with the union.
Currently, no employment relations act applies to members of the UW faculty
or academic staff. Although members of the faculty and academic staff 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 un
fair labor practices involving members of the faculty or academic staff and their em
ployer.
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:
AB925, s. 1
1Section
1. 36.09 (4) of the statutes is amended to read:
AB925,4,22
36.09
(4) Faculty. The faculty of each institution, subject to the responsibilities
3and powers of the board, the president and the chancellor of such institution, shall
4be vested with responsibility for the immediate governance of such institution and
5shall actively participate in institutional policy development. As such, the faculty
6shall have the primary responsibility for academic and educational activities and
7faculty personnel matters. The faculty of each institution shall have the right to de
8termine their own faculty organizational structure and to select representatives to
9participate in institutional governance.
This subsection does not apply to gover
10nance and policy development by the faculty at an institution at which a labor orga
11nization is certified under subch. V of ch. 111 to represent the faculty with respect
12to any subject that is a mandatory subject of bargaining with that labor organization,
1or with respect to any subject that is treated in a collective bargaining agreement
2with that organization covering the faculty at that institution.
AB925, s. 2
3Section
2. 36.09 (4m) of the statutes is amended to read:
AB925,4,184
36.09
(4m) Academic staff. The academic staff members of each institution,
5subject to the responsibilities and powers of the board, the president and the chancel
6lor and faculty of the institution, shall be active participants in the immediate gover
7nance of and policy development for the institution. The academic staff members
8have the primary responsibility for the formulation and review, and shall be repre
9sented in the development, of all policies and procedures concerning academic staff
10members, including academic staff personnel matters. The academic staff members
11of each institution shall have the right to organize themselves in a manner they de
12termine and to select their representatives to participate in institutional gover
13nance.
This subsection does not apply to governance and policy development by aca
14demic staff members at an institution at which a labor organization is certified under
15subch. V of ch. 111 to represent the academic staff members with respect to any sub
16ject that is a mandatory subject of bargaining with that labor organization, or with
17respect to any subject that is treated in a collective bargaining agreement with that
18organization covering academic staff members at that institution.
AB925, s. 3
19Section
3. 111.81 (1) of the statutes is renumbered 111.81 (1m).
AB925, s. 4
20Section
4. 111.81 (1) of the statutes is created to read:
AB925,4,2321
111.81
(1) "Academic staff" has the meaning given in s. 36.05 (1), but excludes
22individuals who hold appointments under s. 36.13 or faculty appointments under s.
2336.15 (2m).
AB925, s. 5
24Section
5. 111.81 (7) (e) of the statutes is created to read:
AB925,5,3
1111.81
(7) (e) Faculty and academic staff of the University of Wisconsin System,
2excluding supervisors, management employes and individuals who are privy to con
3fidential matters affecting the employer-employe relationship.
AB925, s. 6
4Section
6. 111.81 (8m) of the statutes is created to read:
AB925,5,105
111.81
(8m) "Faculty" means individuals who hold the rank of professor, associ
6ate professor, assistant professor or instructor in an academic department or its func
7tional equivalent or individuals who hold appointments under s. 36.13 (4) at any
8institution other than the University of Wisconsin-Extension, but excludes indi
9viduals who hold appointments under s. 36.15 (1), (2) or (3) or academic staff appoint
10ments under s. 36.15 (2m).
AB925, s. 7
11Section
7. 111.81 (10) of the statutes is repealed and recreated to read:
AB925,5,1412
111.81
(10) "Institution" means any university of the University of Wisconsin
13System, the center system or an organizational equivalent designated by the Board
14of Regents of the University of Wisconsin System.
AB925, s. 8
15Section
8. 111.815 (4) of the statutes is created to read:
AB925,5,1916
111.815
(4) With regard to collective bargaining activities involving employes
17who are members of the faculty or academic staff, the secretary of the department
18shall maintain close liaison with the Board of Regents of the University of Wisconsin
19System.
AB925, s. 9
20Section
9. 111.825 (2) (e) to (j) and (2m) of the statutes are created to read:
AB925,5,2121
111.825
(2) (e) The faculty of the University of Wisconsin-Madison.
AB925,5,2222
(f) The faculty of the University of Wisconsin-Milwaukee.
AB925,5,2523
(g) The faculty of the universities of Wisconsin-Eau Claire, Green Bay, La
24Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior
25and Whitewater and the University of Wisconsin-Center System.
AB925,6,1
1(h) The academic staff of the University of Wisconsin-Madison.
AB925,6,22
(i) The academic staff of the University of Wisconsin-Milwaukee.
AB925,6,53
(j) The academic staff of the universities of Wisconsin-Eau Claire, Green Bay,
4La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superi
5or and Whitewater and the University of Wisconsin-Center System.
AB925,6,18
6(2m) (a) Notwithstanding sub. (2), 2 or more collective bargaining units speci
7fied in sub. (2) (e) to (j) may be combined into a single unit. If 2 or more collective
8bargaining units seek to combine into a single collective bargaining unit, the commis
9sion shall, upon the petition of at least 30% of the employes in each unit, hold an elec
10tion to determine whether a majority of those employes voting in each unit desires
11to combine into a single unit. A combined collective bargaining unit shall be formed
12including all employes from each of those units in which a majority of the employes
13voting in the election approves a combined unit. The combined collective bargaining
14unit shall be formed immediately if there is no existing collective bargaining agree
15ment in force in any of the units to be combined. If there is a collective bargaining
16agreement in force at the time of the election in any of the collective bargaining units
17to be combined, the combined unit shall be formed upon expiration of the last agree
18ment for the units concerned.
AB925,7,1119
(b) If 2 or more collective bargaining units have combined under par. (a), the
20commission shall, upon petition of at least 30% of the employes in any of the original
21units, hold an election of the employes in the original unit to determine whether the
22employes in that unit desire to withdraw from the combined collective bargaining
23unit. If a majority of the employes voting desires to withdraw from the combined col
24lective bargaining unit, separate units consisting of the unit in which the election
25was held and a unit composed of the remainder of the combined unit shall be formed.
1The new collective bargaining units shall be formed immediately if there is no collec
2tive bargaining agreement in force for the combined unit. If there is a collective bar
3gaining agreement in force for the combined collective bargaining unit, the new units
4shall be formed upon the expiration of the agreement. An election to change or dis
5continue representation under s. 111.83 (6) may be held in the petitioning collective
6bargaining unit concurrently with an election under this paragraph. The ballots for
7the election under s. 111.83 (6) shall only be counted if a majority of the employes vot
8ing at the election votes to withdraw from the combined collective bargaining unit.
9While there is a collective bargaining agreement in force for the combined collective
10bargaining unit, a petition for an election under this paragraph may only be filed dur
11ing October in the calendar year prior to the expiration of the agreement.
AB925, s. 10
12Section
10. 111.83 (3) of the statutes is amended to read:
AB925,8,1713
111.83
(3) Whenever a question arises concerning the representation of em
14ployes in a collective bargaining unit the commission shall determine the representa
15tive thereof by taking a secret ballot of the employes and certifying in writing the re
16sults thereof to the interested parties and to the secretary of the department. There
17shall be included on any ballot for the election of representatives the names of all la
18bor organizations having an interest in representing the employes participating in
19the election as indicated in petitions filed with the commission. The name of any ex
20isting representative shall be included on the ballot without the necessity of filing
21a petition. The commission may exclude from the ballot one who, at the time of the
22election, stands deprived of his or her rights under this subchapter by reason of a
23prior adjudication of his or her having engaged in an unfair labor practice. The ballot
24shall be so prepared as to permit a vote against representation by anyone named on
25the ballot.
For elections in collective bargaining units composed of employes who are
1members of the faculty or academic staff, whenever more than one representative
2qualifies to appear on the ballot, the ballot shall be prepared to provide separate
3votes on 2 questions. The first question shall be: "Shall the employes of the .... (name
4of collective bargaining unit) participate in collective bargaining?". The 2nd question
5shall be: "If the employes of the .... (name of collective bargaining unit) elect to partic
6ipate in collective bargaining, which labor organization do you favor to act as repre
7sentative of the employes?". The 2nd question shall not include a choice for no repre
8sentative. All employes in the collective bargaining unit may vote on both questions.
9Unless a majority of those employes voting in the election votes to participate in col
10lective bargaining, no votes for a particular representative may be counted. If a ma
11jority of those employes voting in the election votes to participate in collective bar
12gaining, the ballots for representatives shall be counted. In the collective bargaining
13units specified in s. 111.825 (2) (g) and (j), only those ballots for representatives cast
14at those institutions at which a majority of the employes voting in the election votes
15to participate in collective bargaining shall be counted in determining the represen
16tative. The commission's certification of the results of any election is conclusive as
17to the findings included therein unless reviewed under s. 111.07 (8).
AB925, s. 11
18Section
11. 111.83 (4) of the statutes is renumbered 111.83 (4) (a) and amended
19to read:
AB925,9,420
111.83
(4) (a) Whenever an election has been conducted under sub. (3)
in a col
21lective bargaining unit specified in s. 111.825 (1) or (2) (a) to (d) in which the name
22of more than one proposed representative appears on the ballot and results in no con
23clusion, the commission may, if requested by any party to the proceeding within 30
24days from the date of the certification of the results of the election, conduct a runoff
25election. In that runoff election, the commission shall drop from the ballot the name
1of the representative who received the least number of votes at the original election.
2The commission shall drop from the ballot the privilege of voting against any repre
3sentative if the least number of votes cast at the first election was against representa
4tion by any named representative.
AB925, s. 12
5Section
12. 111.83 (4) (b) of the statutes is created to read:
AB925,9,166
111.83
(4) (b) Whenever an election has been conducted under sub. (3) in a col
7lective bargaining unit specified in s. 111.825 (2) (e) to (j) in which a majority of the
8employes voting indicates a desire to participate in collective bargaining but in which
9no named representative is favored by a majority of the employes voting, the commis
10sion may, if requested by any party to the proceeding within 30 days from the date
11of the certification of the results of the election, conduct a runoff election. In that run
12off election, the commission shall drop from the ballot the name of the representative
13who received the least number of votes at the original election. In the collective bar
14gaining unit specified in s. 111.825 (2) (g) or (j), only the employes at those institu
15tions at which a majority of those employes voting in the election votes to participate
16in collective bargaining shall be permitted to vote in the runoff election.
AB925, s. 13
17Section
13. 111.83 (5) (a) to (c), (h) and (i) of the statutes are amended to read:
AB925,9,1918
111.83
(5) (a) This subsection applies only to the collective bargaining
unit 19units specified in s. 111.825 (2) (c)
, (g) and (j).
AB925,9,2520
(b) Upon filing of a petition with the commission indicating a showing of inter
21est of at least 30% of the employes at an institution who are included within a collec
22tive bargaining unit to be represented by a labor organization, the commission shall
23hold an election in which the employes in that unit at that institution may vote on
24the question of representation. The labor organization named in any such petition
25shall be included on the ballot. Within 60 days of the time that an original petition
1is filed, another petition may be filed with the commission indicating a showing of
2interest of at least 10% of the employes at the same institution who are included in
3the same collective bargaining unit to be represented by another labor organization,
4in which case the name of that labor organization shall be included on the ballot. If
5more than one original petition is filed within a 30-day period concerning employes
6in the collective bargaining unit specified in s. 111.825 (2) (c),
the results of (g) or (j), 7all elections held pursuant to the petitions shall be announced by the commission at
8the same time. The
ballot elections shall be
held on the same day and the ballots for
9all of the elections shall be prepared in accordance with sub. (3), except as otherwise
10provided in this subsection.
AB925,10,1911
(c) Notwithstanding s. 111.825 (2) (c)
, (g) and (j), the employes at any institution
12included within the collective bargaining unit at which no petition is filed and no
13election is held or at which the employes indicate, by a majority of those voting in an
14election, a desire not to participate in collective bargaining are not considered to be
15a part of that collective bargaining unit.
In the collective bargaining units specified
16in s. 111.825 (2) (g) and (j), once the employes at any institution vote to participate
17in collective bargaining, the commission shall not determine the votes of employes
18on that question at that institution at a future election except in conjunction with the
19votes of the employes at the other institutions in the collective bargaining unit.
AB925,11,620
(h) If a petition is filed under sub. (6) for the discontinuance of existing repre
21sentation indicating a showing of interest by 30% of the total number of employes at
22all institutions at which employes in the collective bargaining unit have voted to be
23come a part of the unit, the commission shall hold an election on that question at all
24such institutions.
If In the collective bargaining unit specified in s. 111.825 (2) (c), if 25a petition is filed under sub. (6)
for the discontinuance of existing representation
1indicating a showing of interest by 30% of the employes at one or more, but not all,
2of the institutions at which employes in the collective bargaining unit have voted to
3become a part of the unit, the commission shall hold an election on that question only
4at the institution or institutions at which the showing is made. In such an election,
5the only question appearing on the ballot shall be whether the employes desire to
6participate in collective bargaining.