SB405: Bill Text

SB405, s. 17 Section 17. 111.71 (3) of the statutes is created to read:

SB405,25,24 111.71 (3) (a) The council on municipal collective bargaining shall provide advice to the commission on the operation of this subchapter and may make recommendations relating to the law. The commission may refer to the council for its study and advice any matter having to do with collective bargaining between municipal employers and municipal employes under this subchapter.

SB405,26,2 (b) The vote of 7 of the voting members of the council on municipal collective bargaining is required for the council to act on any matter before it.

SB405,26,7 (c) The council on municipal collective bargaining shall continuously review the operation of the dispute settlement procedures under s. 111.70 (4) (cm) and (7m). The council shall submit its recommendations with respect to any amendment to s. 111.70 (4) (cm) or (7m) to the chief clerk of each house of the legislature under s. 13.172 (2) at the commencement of each legislative session.

SB405,26,12 (d) The council on municipal collective bargaining shall review each pending legislative proposal relating to the modification of the dispute settlement procedures under s. 111.70 (4) (cm) and (7m) and shall report its findings and recommendations relating to the proposal to the chief clerk of each house of the legislature for referral to the appropriate standing committee under s. 13.172 (3).

SB405, s. 18 Section 18. 111.71 (4) of the statutes is amended to read:

SB405,26,18 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law and the dispute resolution judicial process under s. 111.70 (4) (cm). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

SB405, s. 19 Section 19. 111.71 (5) of the statutes is amended to read:

SB405,27,4 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or, arbitration panel members or dispute resolution judges under s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.

SB405, s. 20 Section 20. 111.71 (5m) of the statutes is created to read:

SB405,27,22 111.71 (5m) The commission shall prescribe a methodology for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employes for each 12-month period ending on June 30. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employes who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank or qualifications of the school district professional employes. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred.

SB405, s. 21 Section 21. 111.71 (5r) of the statutes is created to read:

SB405,28,2 111.71 (5r) (a) With the advice of the commission, the council on municipal collective bargaining shall establish a list of persons qualified to serve as dispute resolution judges under s. 111.70 (4) (cm) 11. Such a list shall only consist of persons who are residents of this state.

SB405,28,5 (b) From the list of those persons established under par. (a), the governor shall nominate, and with the advice and consent of the senate appoint, 12 persons to serve as dispute resolution judges under s. 111.70 (4) (cm) 11.

SB405,28,6 (c) Dispute resolution judges shall serve 4-year terms that expire on May 1.

SB405,28,8 (d) No person may serve as a dispute resolution judge for more than 2 consecutive terms.

SB405, s. 22 Section 22. 118.245 (3) of the statutes is amended to read:

SB405,28,25 118.245 (3) No school district may provide to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase for all such employes in the total cost to the school district of compensation and fringe benefits for such employes having an average cost per employe exceeding 3.8% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for the preceding 12-month period ending on June 30 or the average total percentage increased cost per employe of compensation and fringe benefits provided to its represented professional employes during the 12-month period ending on June 30 preceding the date that the increase becomes effective, whichever is greater. In this subsection, the cost of compensation includes the cost of any increase in compensation due to a promotion or the attainment of increased professional qualifications. For purposes of this subsection, the average total percentage increased cost per employe of the compensation provided by a school district to its represented professional employes shall be determined in accordance with the method methodology prescribed by the employment relations commission under s. 111.70 (4) (cm) 8s 111.71 (5m).

SB405, s. 23 Section 23. 120.18 (1) (gm) of the statutes is amended to read:

SB405,29,15 120.18 (1) (gm) Payroll and related benefit costs for all school district employes in the previous school year. Costs for represented employes shall be based upon the costs of any collective bargaining agreements covering such employes for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employes and the school district and the representative have been required to submit final offers under s. 111.70 (4) (cm) 6. 10. or 11., increased costs limited to the lower of the school district's offer or the representative's offer shall be reflected in the report. The school district shall amend the annual report to reflect any change in such costs as a result of any award or settlement under s. 111.70 (4) (cm) 6. 10. or 11. between the date of filing the report and October 1. Any such amendment shall be concurred in by the licensed accountant certifying the school district audit.

SB405, s. 24 Section 24. 904.085 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 272), is amended to read:

SB405,29,23 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. 4. or 111.87, mediation under s. 115.812, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

SB405, s. 25 Section 25. Nonstatutory provisions.

SB405,29,25 (1) Length of terms of dispute resolution judges.

SB405,30,6 (a) Initial terms. Notwithstanding the lengths of terms specified for dispute resolution judges under section 111.71 (5r) (c) of the statutes, as created by this act, 3 dispute resolution judges shall be appointed for terms expiring on May 1, 2000, 3 dispute resolution judges shall be appointed for terms expiring on May 1, 2001, 3 dispute resolution judges shall be appointed for terms expiring on May 1, 2002, and 3 dispute resolution judges shall be appointed for terms expiring on May 1, 2003.

SB405,30,10 (b) Term limitations. Notwithstanding section 111.71 (5r) (d) of the statutes, as created by this act, no person appointed under paragraph (a) to an initial term that is 2 years or less may serve as a dispute resolution judge for more than that term and an additional 2 consecutive terms.

SB405,30,16 (2) Position authorization for dispute resolution judges. The authorized FTE positions for the employment relations commission are increased by 12.0 PR dispute resolution judge positions, to be funded from the appropriation under section 20.425 (1) (i) of the statutes, as affected by this act, for the purpose of carrying out the dispute resolution judicial process under section 111.70 (4) (cm) 11. of the statutes, as created by this act.

SB405, s. 26 Section 26. Initial applicability.

SB405,30,24 (1) The treatment of sections 111.70 (1) (a), (cm), (dm), (hm) and (nc), (3) (a) 7. and (b) 6., (4) (cm), (d) 2. a. and (L) and (7m) (c) 3. and (e), 111.71 (2), (4), (5) and (5m), 118.245 (3), 120.18 (1) (gm) and 904.085 (2) (a) of the statutes first applies to collective bargaining agreements that cover periods of time beginning after June 30, 1998, and that, with respect to which agreements, the employment relations commission has not accepted a petition for arbitration filed under s. 111.70 (4) (cm) 6., 1995 stats.

SB405,30,25 (End)