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1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 318
January 7, 1998 - Offered by Senator C. Potter.
SB318-SSA1,1,7
1An Act to repeal 111.70 (1) (nc) 1. b., 111.70 (1) (nc) 1. c., 111.70 (1) (nc) 2., 111.70
2(4) (cm) 7. and 111.70 (4) (cm) 7g.;
to renumber 111.70 (1) (nc) 1. a.;
to
3renumber and amend 111.70 (1) (nc) 1. (intro.);
to amend 111.70 (4) (cm) 5.
4and 111.70 (4) (cm) 5s.; and
to create 111.70 (1) (nc) 2m., 111.70 (1) (nd), 111.70
5(4) (cm) 7m., 111.70 (4) (cm) 8t. and 121.91 (4) (g) of the statutes;
relating to:
6qualified economic offers under the municipal employment relations act and
7the calculation of school district revenue limits.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB318-SSA1, s. 1
8Section
1. 111.70 (1) (nc) 1. (intro.) of the statutes is renumbered 111.70 (1) (nc)
9(intro.) and amended to read:
SB318-SSA1,1,1210
111.70
(1) (nc) (intro.) "Qualified economic offer" means an offer made to a labor
11organization by a municipal employer that includes all of the following
, except as
12provided in subd. 2.:
SB318-SSA1, s. 2
1Section
2. 111.70 (1) (nc) 1. a. of the statutes is renumbered 111.70 (1) (nc) 1.
SB318-SSA1, s. 6
5Section
6. 111.70 (1) (nc) 2m. of the statutes is created to read:
SB318-SSA1,2,136
111.70
(1) (nc) 2m. a. In any collective bargaining unit in which the municipal
7employe positions are assigned to salary ranges with steps that determine the levels
8of progression within each salary range during a 12-month period, a proposal to
9provide for an increase in the minimum and maximum amounts of the salary range
10and an increase in the amounts of the steps within the salary range at least
11equivalent to 2.1% or the rate of inflation, whichever is greater, for each 12-month
12period covered by the proposed collective bargaining agreement, beginning with the
13expiration date of any previous collective bargaining agreement.
SB318-SSA1,2,2014
b. In any collective bargaining unit not subject to subd. 2m. a., a proposal to
15provide for a salary increase for each 12-month period covered by the proposed
16collective bargaining agreement, beginning with the expiration date of any previous
17collective bargaining agreement, for each municipal employe in the collective
18bargaining unit for each 12-month period covered by the proposed collective
19bargaining agreement at least equivalent to 2.1% or the rate of inflation, whichever
20is greater.
SB318-SSA1, s. 7
21Section
7. 111.70 (1) (nd) of the statutes is created to read:
SB318-SSA1,3,222
111.70
(1) (nd) "Rate of inflation" means a percentage equal to the average
23annual percentage change in the U.S. consumer price index for all urban consumers,
24U.S. city average, as determined by the U.S. department of labor, for the 12-month
25period ending on the last day of the 3rd month preceding the first day of the first
1month of any 12-month period covered by a proposed collective bargaining
2agreement.
SB318-SSA1, s. 8
3Section
8. 111.70 (4) (cm) 5. of the statutes is amended to read:
SB318-SSA1,3,134
111.70
(4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
5other impasse resolution procedures provided in this paragraph, a municipal
6employer and labor organization may at any time, as a permissive subject of
7bargaining, agree in writing to a dispute settlement procedure, including
8authorization for a strike by municipal employes or binding interest arbitration,
9which is acceptable to the parties for resolving an impasse over terms of any
10collective bargaining agreement under this subchapter. A copy of such agreement
11shall be filed by the parties with the commission. If the parties agree to any form of
12binding interest arbitration, the arbitrator shall give weight to the factors
13enumerated under subds.
7., 7g. 7m. and 7r.
SB318-SSA1, s. 9
14Section
9. 111.70 (4) (cm) 5s. of the statutes is amended to read:
SB318-SSA1,5,315
111.70
(4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit
16consisting of school district professional employes, the municipal employer or the
17labor organization may petition the commission to determine whether the municipal
18employer has submitted a qualified economic offer. The commission shall appoint an
19investigator for that purpose. If the investigator
, using the methodology prescribed
20under subd. 8t., finds that the municipal employer has submitted a qualified
21economic offer, the investigator shall determine whether a deadlock exists between
22the parties with respect to all economic issues. If the municipal employer submits
23a qualified economic offer applicable to any period beginning on or after July 1, 1993,
24no economic issues are subject to interest arbitration under subd. 6. for that period.
25In such a collective bargaining unit, economic issues concerning the wages, hours or
1conditions of employment of the school district professional employes in the unit for
2any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for
3that period. In such a collective bargaining unit, noneconomic issues applicable to
4any period on or after July 1, 1993, are subject to interest arbitration after the parties
5have reached agreement and stipulate to agreement on all economic issues
6concerning the wages, hours or conditions of employment of the school district
7professional employes in the unit for that period. In such a collective bargaining
8unit, if the commission's investigator finds that the municipal employer has
9submitted a qualified economic offer and that a deadlock exists between the parties
10with respect to all economic issues, the municipal employer may implement the
11qualified economic offer. On the 90th day prior to expiration of the period included
12within the qualified economic offer, if no agreement exists on that day, the parties are
13deemed to have stipulated to the inclusion in a new or revised collective bargaining
14agreement of all provisions of any predecessor collective bargaining agreement
15concerning economic issues, or of all provisions of any existing collective bargaining
16agreement concerning economic issues if the parties have reopened negotiations
17under an existing agreement, as modified by the terms of the qualified economic offer
18and as otherwise modified by the parties. In such a collective bargaining unit, on and
19after that 90th day, a municipal employer that refuses to bargain collectively with
20respect to the terms of that stipulation, applicable to the 90-day period prior to
21expiration of the period included within the qualified economic offer, does not violate
22sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the
2390-day period prior to expiration of the period included within a qualified economic
24offer, operates as a full, final and complete settlement of all economic issues between
25the parties for the period included within the qualified economic offer. The failure
1of a labor organization to recognize the validity of such a lawful qualified economic
2offer does not affect the obligation of the municipal employer to submit economic
3issues to arbitration under subd. 6.
SB318-SSA1, s. 12
6Section
12. 111.70 (4) (cm) 7m. of the statutes is created to read:
SB318-SSA1,5,107
111.70
(4) (cm) 7m. `Factors given greater weight.' In making any decision
8under the arbitration procedures authorized by this paragraph, the arbitrator or
9arbitration panel shall consider and shall give greater weight to both of the following
10than to any of the factors specified in subd. 7r:
SB318-SSA1,5,1311
a. Any state law or directive lawfully issued by a state legislative or
12administrative officer, body or agency which places limitations on expenditures that
13may be made or revenues that may be collected by a municipal employer.
SB318-SSA1,5,1414
b. Economic conditions in the jurisdiction of the municipal employer.
SB318-SSA1, s. 13
15Section
13. 111.70 (4) (cm) 8t. of the statutes is created to read:
SB318-SSA1,5,1916
111.70
(4) (cm) 8t. `Methodology for determining qualified economic offers.' The
17commission shall prescribe by rule a methodology to be used in determining whether
18a collective bargaining proposal submitted by a municipal employer to a labor
19organization constitutes a qualified economic offer.
SB318-SSA1,5,2221
121.91
(4) (g) 1. In this paragraph, "school district professional employes" has
22the meaning given in s. 111.70 (1) (ne).
SB318-SSA1,6,323
2. The limit otherwise applicable to a school district's revenue in the current
24school year under sub. (2m) is increased by the amount necessary to cover the cost
25of the salary increase for school district professional employes under s. 111.70 (1) (nc)
12m. and to cover any increased cost required to maintain the percentage contribution
2to existing fringe benefit costs and to maintain all fringe benefits under s. 111.70 (1)
3(nc) 1.
SB318-SSA1,6,95
(1)
Qualified economic offers. The treatment of section 111.70 (1) (nc) 1.
6(intro.), a., b. and c., 2. and 2m. and (nd) and (4) (cm) 5s., 7., 7g., 7m. and 8t. of the
7statutes first applies to petitions for arbitration filed under section 111.70 (4) (cm)
86. of the statutes relating to collective bargaining agreements that cover periods of
9time beginning after June 30, 1998.
SB318-SSA1,6,1210
(2)
School district revenue limit. The treatment of section 121.91 (4) (g) of
11the statutes first applies to the calculation of a school district's revenue limit for the
121998-99 school year.