LRB-1188/1
RAC:kaf:kat
1997 - 1998 LEGISLATURE
January 21, 1997 - Introduced by Representatives Musser, Dobyns, M. Lehman,
Hasenohrl, Bock, Hahn, Wasserman, Ryba, Baumgart, Turner, Plouff,
Kreuser, Gronemus, Boyle, Plale, La Fave, Meyer, Goetsch, Murat, Baldwin,
Cullen, Ziegelbauer, Vander Loop, Lorge and Steinbrink, cosponsored by
Senators C. Potter, Schultz, Wirch, Plache, Jauch, Breske, Moen,
Grobschmidt, Clausing and Shibilski. Referred to Committee on Labor and
Employment.
AB6,1,8
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
4repeal and recreate 111.81 (10), 111.91 (2) (a) and 111.91 (4); and
to create
5111.81 (1), 111.81 (7) (f), 111.81 (8m), 111.815 (4), 111.825 (2) (em) to (j) and (2m),
6111.83 (4) (b) and 111.91 (2) (br) of the statutes;
relating to: employment
7relations for members of the University of Wisconsin System faculty and
8academic 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.
Excluded 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
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 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 structure, 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
System 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.
Employes 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 collective 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 participate in collective bargaining, it may not elect to
withdraw from participation except 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
bargaining 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
regents 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
extended 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
similar 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
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 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 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. If the faculty or academic staff at any institution votes not to
participate 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
development 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
unfair labor practices involving members of the faculty or academic staff 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:
AB6, s. 1
1Section
1. 36.09 (4) of the statutes is amended to read:
AB6,4,62
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
8determine their own faculty organizational structure and to select representatives
1to participate in institutional governance.
This subsection does not apply to
2governance and policy development by the faculty at an institution at which a labor
3organization is certified under subch. V of ch. 111 to represent the faculty with
4respect to any subject that is a mandatory subject of bargaining with that labor
5organization, or with respect to any subject that is treated in a collective bargaining
6agreement with that organization covering the faculty at that institution.
AB6, s. 2
7Section
2. 36.09 (4m) of the statutes is amended to read:
AB6,4,238
36.09
(4m) Academic staff. The academic staff members of each institution,
9subject to the responsibilities and powers of the board, the president and the
10chancellor and faculty of the institution, shall be active participants in the
11immediate governance of and policy development for the institution. The academic
12staff members have the primary responsibility for the formulation and review, and
13shall be represented in the development, of all policies and procedures concerning
14academic staff members, including academic staff personnel matters. The academic
15staff members of each institution shall have the right to organize themselves in a
16manner they determine and to select their representatives to participate in
17institutional governance.
This subsection does not apply to governance and policy
18development by academic staff members at an institution at which a labor
19organization is certified under subch. V of ch. 111 to represent the academic staff
20members with respect to any subject that is a mandatory subject of bargaining with
21that labor organization, or with respect to any subject that is treated in a collective
22bargaining agreement with that organization covering academic staff members at
23that institution.
AB6, s. 3
24Section
3. 111.81 (1) of the statutes is renumbered 111.81 (1m).
AB6, s. 4
25Section
4. 111.81 (1) of the statutes is created to read:
AB6,5,3
1111.81
(1) "Academic staff" has the meaning given in s. 36.05 (1), but excludes
2individuals who hold appointments under s. 36.13 or faculty appointments under s.
336.15 (2m).
AB6, s. 5
4Section
5. 111.81 (7) (f) of the statutes is created to read:
AB6,5,75
111.81
(7) (f) Faculty and academic staff of the University of Wisconsin System,
6excluding supervisors, management employes and individuals who are privy to
7confidential matters affecting the employer-employe relationship.
AB6, s. 6
8Section
6. 111.81 (8m) of the statutes is created to read:
AB6,5,149
111.81
(8m) "Faculty" means individuals who hold the rank of professor,
10associate professor, assistant professor or instructor in an academic department or
11its functional equivalent or individuals who hold appointments under s. 36.13 (4) at
12any institution other than the University of Wisconsin-Extension, but excludes
13individuals who hold appointments under s. 36.15 (1), (2) or (3) or academic staff
14appointments under s. 36.15 (2m).
AB6, s. 7
15Section
7. 111.81 (10) of the statutes is repealed and recreated to read:
AB6,5,1816
111.81
(10) "Institution" means any university of the University of Wisconsin
17System, the center system or an organizational equivalent designated by the Board
18of Regents of the University of Wisconsin System.
AB6, s. 8
19Section
8. 111.815 (4) of the statutes is created to read:
AB6,5,2320
111.815
(4) With regard to collective bargaining activities involving employes
21who are members of the faculty or academic staff, the secretary of the department
22shall maintain close liaison with the Board of Regents of the University of Wisconsin
23System.
AB6, s. 9
24Section
9. 111.825 (2) (em) to (j) and (2m) of the statutes are created to read:
AB6,5,2525
111.825
(2) (em) The faculty of the University of Wisconsin-Madison.
AB6,6,1
1(f) The faculty of the University of Wisconsin-Milwaukee.
AB6,6,42
(g) The faculty of the universities of Wisconsin-Eau Claire, Green Bay, La
3Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior
4and Whitewater and the University of Wisconsin-Center System.
AB6,6,55
(h) The academic staff of the University of Wisconsin-Madison.
AB6,6,66
(i) The academic staff of the University of Wisconsin-Milwaukee.
AB6,6,97
(j) The academic staff of the universities of Wisconsin-Eau Claire, Green Bay,
8La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout,
9Superior and Whitewater and the University of Wisconsin-Center System.
AB6,6,22
10(2m) (a) Notwithstanding sub. (2), 2 or more collective bargaining units
11specified in sub. (2) (em) to (j) may be combined into a single unit. If 2 or more
12collective bargaining units seek to combine into a single collective bargaining unit,
13the commission shall, upon the petition of at least 30% of the employes in each unit,
14hold an election to determine whether a majority of those employes voting in each
15unit desires to combine into a single unit. A combined collective bargaining unit shall
16be formed including all employes from each of those units in which a majority of the
17employes voting in the election approves a combined unit. The combined collective
18bargaining unit shall be formed immediately if there is no existing collective
19bargaining agreement in force in any of the units to be combined. If there is a
20collective bargaining agreement in force at the time of the election in any of the
21collective bargaining units to be combined, the combined unit shall be formed upon
22expiration of the last agreement for the units concerned.
AB6,7,1623
(b) If 2 or more collective bargaining units have combined under par. (a), the
24commission shall, upon petition of at least 30% of the employes in any of the original
25units, hold an election of the employes in the original unit to determine whether the
1employes in that unit desire to withdraw from the combined collective bargaining
2unit. If a majority of the employes voting desires to withdraw from the combined
3collective bargaining unit, separate units consisting of the unit in which the election
4was held and a unit composed of the remainder of the combined unit shall be formed.
5The new collective bargaining units shall be formed immediately if there is no
6collective bargaining agreement in force for the combined unit. If there is a collective
7bargaining agreement in force for the combined collective bargaining unit, the new
8units shall be formed upon the expiration of the agreement. An election to change
9or discontinue representation under s. 111.83 (6) may be held in the petitioning
10collective bargaining unit concurrently with an election under this paragraph. The
11ballots for the election under s. 111.83 (6) shall only be counted if a majority of the
12employes voting at the election votes to withdraw from the combined collective
13bargaining unit. While there is a collective bargaining agreement in force for the
14combined collective bargaining unit, a petition for an election under this paragraph
15may only be filed during October in the calendar year prior to the expiration of the
16agreement.
AB6, s. 10
17Section
10. 111.83 (3) of the statutes is amended to read:
AB6,8,2318
111.83
(3) Whenever a question arises concerning the representation of
19employes in a collective bargaining unit the commission shall determine the
20representative thereof by taking a secret ballot of the employes and certifying in
21writing the results thereof to the interested parties and to the secretary of the
22department. There shall be included on any ballot for the election of representatives
23the names of all labor organizations having an interest in representing the employes
24participating in the election as indicated in petitions filed with the commission. The
25name of any existing representative shall be included on the ballot without the
1necessity of filing a petition. The commission may exclude from the ballot one who,
2at the time of the election, stands deprived of his or her rights under this subchapter
3by reason of a prior adjudication of his or her having engaged in an unfair labor
4practice. The ballot shall be so prepared as to permit a vote against representation
5by anyone named on the ballot.
For elections in collective bargaining units composed
6of employes who are members of the faculty or academic staff, whenever more than
7one representative qualifies to appear on the ballot, the ballot shall be prepared to
8provide separate votes on 2 questions. The first question shall be: "Shall the
9employes of the .... (name of collective bargaining unit) participate in collective
10bargaining?". The 2nd question shall be: "If the employes of the .... (name of
11collective bargaining unit) elect to participate in collective bargaining, which labor
12organization do you favor to act as representative of the employes?". The 2nd
13question shall not include a choice for no representative. All employes in the
14collective bargaining unit may vote on both questions. Unless a majority of those
15employes voting in the election votes to participate in collective bargaining, no votes
16for a particular representative may be counted. If a majority of those employes voting
17in the election votes to participate in collective bargaining, the ballots for
18representatives shall be counted. In the collective bargaining units specified in s.
19111.825 (2) (g) and (j), only those ballots for representatives cast at those institutions
20at which a majority of the employes voting in the election votes to participate in
21collective bargaining shall be counted in determining the representative. The
22commission's certification of the results of any election is conclusive as to the findings
23included therein unless reviewed under s. 111.07 (8).
AB6, s. 11
24Section
11. 111.83 (4) of the statutes is renumbered 111.83 (4) (a) and amended
25to read:
AB6,9,10
1111.83
(4) (a) Whenever an election has been conducted under sub. (3)
in a
2collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) in which the name
3of more than one proposed representative appears on the ballot and results in no
4conclusion, the commission may, if requested by any party to the proceeding within
530 days from the date of the certification of the results of the election, conduct a runoff
6election. In that runoff election, the commission shall drop from the ballot the name
7of the representative who received the least number of votes at the original election.
8The commission shall drop from the ballot the privilege of voting against any
9representative if the least number of votes cast at the first election was against
10representation by any named representative.
AB6, s. 12
11Section
12. 111.83 (4) (b) of the statutes is created to read:
AB6,9,2212
111.83
(4) (b) Whenever an election has been conducted under sub. (3) in a
13collective bargaining unit specified in s. 111.825 (2) (em) to (j) in which a majority of
14the employes voting indicates a desire to participate in collective bargaining but in
15which no named representative is favored by a majority of the employes voting, the
16commission may, if requested by any party to the proceeding within 30 days from the
17date of the certification of the results of the election, conduct a runoff election. In that
18runoff election, the commission shall drop from the ballot the name of the
19representative who received the least number of votes at the original election. In the
20collective bargaining unit specified in s. 111.825 (2) (g) or (j), only the employes at
21those institutions at which a majority of those employes voting in the election votes
22to participate in collective bargaining shall be permitted to vote in the runoff election.
AB6, s. 13
23Section
13. 111.83 (5) (a) to (c), (h) and (i) of the statutes are amended to read:
AB6,9,2524
111.83
(5) (a) This subsection applies only to the collective bargaining
unit 25units specified in s. 111.825 (2) (c)
, (g) and (j).
AB6,10,16
1(b) Upon filing of a petition with the commission indicating a showing of
2interest of at least 30% of the employes at an institution who are included within a
3collective bargaining unit to be represented by a labor organization, the commission
4shall hold an election in which the employes in that unit at that institution may vote
5on the question of representation. The labor organization named in any such petition
6shall be included on the ballot. Within 60 days of the time that an original petition
7is filed, another petition may be filed with the commission indicating a showing of
8interest of at least 10% of the employes at the same institution who are included in
9the same collective bargaining unit to be represented by another labor organization,
10in which case the name of that labor organization shall be included on the ballot. If
11more than one original petition is filed within a 30-day period concerning employes
12in the collective bargaining unit specified in s. 111.825 (2) (c),
the results of (g) or (j), 13all elections held pursuant to the petitions shall be announced by the commission at
14the same time. The
ballot elections shall be
held on the same day and the ballots for
15all of the elections shall be prepared in accordance with sub. (3), except as otherwise
16provided in this subsection.
AB6,10,2517
(c) Notwithstanding s. 111.825 (2) (c)
, (g) and (j), the employes at any institution
18included within the collective bargaining unit at which no petition is filed and no
19election is held or at which the employes indicate, by a majority of those voting in an
20election, a desire not to participate in collective bargaining are not considered to be
21a part of that collective bargaining unit.
In the collective bargaining units specified
22in s. 111.825 (2) (g) and (j), once the employes at any institution vote to participate
23in collective bargaining, the commission shall not determine the votes of employes
24on that question at that institution at a future election except in conjunction with the
25votes of the employes at the other institutions in the collective bargaining unit.
AB6,11,12
1(h) If a petition is filed under sub. (6) for the discontinuance of existing
2representation indicating a showing of interest by 30% of the total number of
3employes at all institutions at which employes in the collective bargaining unit have
4voted to become a part of the unit, the commission shall hold an election on that
5question at all such institutions.
If In the collective bargaining unit specified in s.
6111.825 (2) (c), if a petition is filed under sub. (6)
for the discontinuance of existing
7representation indicating a showing of interest by 30% of the employes at one or
8more, but not all, of the institutions at which employes in the collective bargaining
9unit have voted to become a part of the unit, the commission shall hold an election
10on that question only at the institution or institutions at which the showing is made.
11In such an election, the only question appearing on the ballot shall be whether the
12employes desire to participate in collective bargaining.
AB6,12,713
(i) If a petition is filed under sub. (6) for a change of existing representation,
14the commission shall hold an election on the question in accordance with par. (b),
15except that participation shall be limited to employes at those institutions included
16in the collective bargaining unit who have previously voted to become a part of the
17unit. Runoff elections shall be held, as provided in par. (e), when necessary. At any
18such election, if a majority of the total number of employes included in the collective
19bargaining unit at all institutions at which employes have voted to become a part of
20the unit elect not to participate in collective bargaining, regardless of the result of
21the vote at any single institution, no representative may be certified by the
22commission to represent the employes at any institution within that collective
23bargaining unit, unless a new petition and election is held under par. (b).
However 24In the collective bargaining unit specified in s. 111.825 (2) (c), if a majority of the total
25number of employes included in the collective bargaining unit at all institutions at
1which employes have voted to become a part of the unit elect to participate in
2collective bargaining, but a majority of the employes at one or more of the institutions
3elect not to participate in collective bargaining, then only the employes at those
4institutions electing not to participate shall not be considered a part of that collective
5bargaining unit.
In the collective bargaining unit specified in s. 111.825 (2) (g) or (j),
6if the employes at an institution vote to become a part of the unit, the commission
7shall not accept a petition for an election on the question of withdrawal from the unit.
AB6, s. 14
8Section
14. 111.84 (2) (c) of the statutes is amended to read:
AB6,12,169
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
10(1) with the duly authorized officer or agent of the employer which is the recognized
11or certified exclusive collective bargaining representative of employes specified in s.
12111.81 (7) (a) in an appropriate collective bargaining unit or with the certified
13exclusive collective bargaining representative of employes specified in s. 111.81 (7)
14(b)
or (c) to (f) in an appropriate collective bargaining unit. Such refusal to bargain
15shall include, but not be limited to, the refusal to execute a collective bargaining
16agreement previously orally agreed upon.
AB6, s. 15
17Section
15. 111.91 (2) (a) of the statutes is amended to read:
AB6,12,1918
111.91
(2) (a) The
structure, mission and goals of state agencies and the
19University of Wisconsin Hospitals and Clinics Authority as set forth in the statutes.
AB6, s. 16
20Section
16. 111.91 (2) (a) of the statutes, as affected by
1995 Wisconsin Act 27,
21section
3841, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
AB6,12,2322
111.91
(2) (a) The structure, mission and goals of state agencies as set forth in
23the statutes.