111.325 Unlawful to discriminate.
111.33 Age; exceptions and special cases.
111.335 Arrest or conviction record; exceptions and special cases.
111.337 Creed; exceptions and special cases.
111.34 Handicap; exceptions and special cases.
111.345 Marital status; exceptions and special cases.
111.35 Use or nonuse of lawful products; exceptions and special cases.
111.36 Sex, sexual orientation; exceptions and special cases.
111.37 Use of honesty testing devices in employment situations.
111.371 Local ordinance; collective bargaining agreements.
111.372 Use of genetic testing in employment situations.
111.375 Department to administer.
111.38 Investigation and study of discrimination.
111.39 Powers and duties of department.
SUBCHAPTER III
PUBLIC UTILITIES
111.50 Declaration of policy.
111.52 Settlement of labor disputes through collective bargaining and arbitration.
111.53 Appointment of conciliators and arbitrators.
111.55 Conciliator unable to effect settlement; appointment of arbitrators.
111.56 Existing state of affairs to be maintained.
111.57 Arbitrator to hold hearings.
111.58 Standards for arbitration.
111.59 Filing order with clerk of circuit court; period effective; retroactivity.
111.60 Judicial review of order of arbitrator.
111.61 Commission to establish rules.
111.62 Strikes, work stoppages, slowdowns, lockouts, unlawful; penalty.
SUBCHAPTER IV
MUNICIPAL EMPLOYMENT RELATIONS
111.70 Municipal employment.
111.71 General provisions.
111.77 Settlement of disputes in collective bargaining units composed of law enforcement personnel and fire fighters.
SUBCHAPTER V
STATE EMPLOYMENT LABOR RELATIONS
111.80 Declaration of policy.
111.82 Rights of employes.
111.825 Collective bargaining units.
111.83 Representatives and elections.
111.84 Unfair labor practices.
111.85 Fair-share and maintenance of membership agreements.
111.86 Grievance arbitration.
111.89 Strike prohibited.
111.90 Management rights.
111.91 Subjects of bargaining.
111.93 Effect of labor organization; status of existing benefits and rights.
111.94 Rules, transcripts, training programs, fees.
EMPLOYMENT PEACE
111.01
111.01
Declaration of policy. The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this subchapter is enacted, is declared to be as follows:
111.01(1)
(1) It recognizes that there are three major interests involved, namely: That of the public, the employe, and the employer. These three interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.
111.01(2)
(2) Industrial peace, regular and adequate income for the employe, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers and farmer cooperatives, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of third parties to earn a livelihood, transact business and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint or coercion.
111.01(3)
(3) Negotiations of terms and conditions of work should result from voluntary agreement between employer and employe. For the purpose of such negotiation an employe has the right, if the employe desires, to associate with others in organizing and bargaining collectively through representatives of the employe's own choosing, without intimidation or coercion from any source.
111.01(4)
(4) It is the policy of the state, in order to preserve and promote the interests of the public, the employe, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious and impartial tribunal by which these interests may have their respective rights and obligations adjudicated. While limiting individual and group rights of aggression and defense, the state substitutes processes of justice for the more primitive methods of trial by combat.
111.01 History
History: 1985 a. 30 s.
42;
1993 a. 492.
111.01 Annotation
A labor agreement offering special parking privileges to county employes in a county ramp does not violate this section. Dane Co. v. McManus, 55 W (2d) 413, 198 NW (2d) 667.
111.01 Annotation
This section does not create substantive rights for employe. Ward v. Frito-Lay, Inc. 95 W (2d) 372, 290 NW 536 (Ct. App. 1980).
111.01 Annotation
Application of open meeting law to duties of WERC discussed. 68 Atty. Gen. 171.
111.02
111.02
Definitions. When used in this subchapter:
111.02(1)
(1) The term "all-union agreement" shall mean an agreement between an employer and the representative of the employer's employes in a collective bargaining unit whereby all or any of the employes in such unit are required to be members of a single labor organization.
Effective date note
NOTE: Sub. (1) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(1) The term "all-union agreement" shall mean an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employes in a collective bargaining unit whereby all or any of the employes in such unit are required to be members of a single labor organization.
111.02(2)
(2) "Collective bargaining" is the negotiating by an employer and a majority of the employer's employes in a collective bargaining unit (or their representatives) concerning representation or terms and conditions of employment of such employes in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(2) "Collective bargaining" is the negotiating by an employer and a majority of the employer's employes in a collective bargaining unit (or their representatives) concerning representation or terms and conditions of employment of such employes, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.
111.02(3)
(3) "Collective bargaining unit" means all of the employes of one employer (employed within the state), except that where a majority of the employes engaged in a single craft, division, department or plant have voted by secret ballot as provided in
s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of
ss. 111.01 to
111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by
ss. 111.01 to
111.19 in reference to collective bargaining units otherwise established under
ss. 111.01 to
111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employes in each separate unit have voted by secret ballot as provided in
s. 111.05 (2) so to do.
Effective date text
(3) "Collective bargaining unit" means all of the employes of one employer, employed within the state, except as provided in s. 111.05 (5) and except that where a majority of the employes engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employes in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.
111.02(4)
(4) "Commission" means the employment relations commission.
111.02(5)
(5) The term "election" shall mean a proceeding in which the employes in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this subchapter and shall include elections conducted by the commission, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties.
111.02(6)(a)(a) "Employe" shall include any person, other than an independent contractor, working for another for hire in the state of Wisconsin in a nonexecutive or nonsupervisory capacity, and shall not be limited to the employes of a particular employer unless the context clearly indicates otherwise.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(a) "Employe" shall include any person, other than an independent contractor, working for another for hire in the state of Wisconsin in a nonconfidential, nonmanagerial, nonexecutive and nonsupervisory capacity, and shall not be limited to the employes of a particular employer unless the context clearly indicates otherwise.
111.02(6)(b)
(b) "Employe" shall include any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute or because of any unfair labor practice on the part of an employer and who has not:
111.02(6)(b)1.
1. Refused or failed to return to work upon the final disposition of a labor dispute or a charge of an unfair labor practice by a tribunal having competent jurisdiction of the same or whose jurisdiction was accepted by the employe or the employe's representative;
111.02(6)(b)2.
2. Been found to have committed or to have been a party to any unfair labor practice hereunder;
111.02(6)(b)3.
3. Obtained regular and substantially equivalent employment elsewhere; or
