AB920,71,66
106.01
(5) (b) The date of
the birth of the
person indentured apprentice.
Note: Amends for consistency with definition of "apprentice" created in s. 106.001
(1).
AB920, s. 160
7Section
160. 106.01 (5) (c) of the statutes is amended to read:
AB920,71,108
106.01
(5) (c) A statement of the trade, craft or business
which that the
9apprentice is to be taught, and the time at which the apprenticeship
shall will begin
10and end.
AB920, s. 161
11Section
161. 106.01 (5) (d) of the statutes is amended to read:
AB920,71,1912
106.01
(5) (d) An agreement stating the number of hours to be spent in work,
13and the number of hours to be spent in instruction. During the first 2 years of an
14apprenticeship, the apprentice's period of instruction shall be not less than 4 hours
15per week or the equivalent. If the apprenticeship is for a longer period than 2 years,
16the total hours of instruction shall be not less than 400 hours. The total number of
17hours of instruction and
service work shall not exceed 55 per week
; provided, , except 18that nothing in this paragraph shall be construed to forbid overtime work as provided
19in sub. (7)
of this section.
Note: Amends for consistency with antecedent and for improved readability and
conformity with current style.
AB920, s. 162
20Section
162. 106.01 (5i) (a) of the statutes is amended to read:
AB920,72,3
1106.01
(5i) (a) The proper persons described in sub. (4)
(a) to (d) may enter into
2such an indenture with any
employer or organization
of employes, association of
3employers or other similar responsible agency in this state. Such
.
AB920,72,9
4(am) 1. Upon entering into an indenture, an organization
, association or other
5agency shall
thereupon, with the written consent of the other parties to the
6indenture, and the written acceptance
thereof of the indenture by the proposed
7employer, assign the indenture to the proposed employer, and the proposed employer
8and the apprentice named in the indenture shall be bound by the terms
thereof. Such 9of the indenture.
AB920,72,19
102. The consent and acceptance
described in subd. 1. shall be executed in
11triplicate
and one copy of each. One of the triplicate original consents and
12acceptances shall be delivered
, respectively to the department,
one to the employer
13and
one to the apprentice
, and in each case shall be attached to the proper indenture.
14The approval of the department
shall first be had
is required in each transaction.
15Such An organization
, association or other agency that enters into an indenture
16under par. (a) shall have the exclusive right to assign the indenture
, and the
17apprentice shall not be permitted to enter into any other indenture. The period
18transpiring before assignment to an employer shall not be credited toward the period
19of apprenticeship.
Note: "Organization", created as a definition by this bill, includes "association or
other agency".
AB920, s. 163
20Section
163. 106.01 (5i) (b) of the statutes is amended to read:
AB920,73,1521
106.01
(5i) (b) Any employer
that has entered into an indenture may
assign the
22employer's indenture, with the approval of the department and the written consent
23of the other parties
thereto, to the indenture, assign the indenture to any
association
1of employers, organization
of employes or any other similar responsible agency in
2this state. The period of time in which
such association, the organization
or other
3agency shall be such is the assignee shall not be credited as time served by the
4apprentice. After
such the assignment
, the
association, organization
or other agency 5shall, with the approval of the department and the written consent of the apprentice,
6assign reassign the indenture to an employer
, but the apprentice shall not be bound
7by the assignment unless the
assignee employer accepts, by
the employer's signed
8instruments, the terms of the indenture and
that the employer will complete the
9employer's agrees to perform the unperformed obligations
thereunder; each such of
10the indenture. The consent and acceptance shall be executed in triplicate
and one
11of each, respectively,. One of the triplicate original consents and acceptances shall
12be delivered to the department,
one to the assignee employer and
one to the
13apprentice
, and in each case shall be attached to the proper indenture. Upon
14acceptance
the of the indenture, the assignee employer shall for all purposes be
15deemed considered a party to the indenture.
AB920, s. 164
16Section
164. 106.01 (5i) (c) of the statutes is amended to read:
AB920,74,317
106.01
(5i) (c) Any employer
that has entered into an indenture may, with the
18written consent, executed in triplicate, of the other parties to the indenture and the
19approval of the department,
may assign
such the indenture to another employer
20whose written acceptance shall be
executed upon the instrument of consent. One
21copy of such consent and acceptance of the triplicate original consents and
22acceptances shall be delivered
, respectively, to the apprentice,
one to the assignee
23employer and
one to the department
, and shall in each case be attached to the
24indenture in
their respective possessions each party's possession. After assignment,
25the
new assignee employer shall perform the unperformed obligations of the
1indenture. The department shall continue to have jurisdiction over
the an indenture
2assigned
pursuant to under this
subsection paragraph and the parties bound after
3such the assignment.
AB920, s. 165
4Section
165. 106.01 (5j), (5k), (6), (8), (9) and 10 of the statutes are amended
5to read:
AB920,74,156
106.01
(5j) The department may
, and it shall have power on its own motion,
7or on the complaint of any person, after due notice and a hearing
had, make findings
8and issue orders declaring any indenture
, contract or agreement at an end if it
shall
9be is proved at
such the hearing that any apprentice, employer or
such organization
,
10association or other agency that is a party to the indenture is unable to continue with
11the obligations under the
contract indenture or has breached the
same indenture.
12Upon the termination of the indenture, the
released apprentice
released therefrom 13shall be free to enter into a new indenture under
such
any terms and conditions
and
14terms as approved by the department
may approve and which that are not
15inconsistent with this section.
AB920,74,18
16(5k) The department shall, upon request, furnish a copy of any instrument
17required to be filed with it under this section
, to any party whose name appears on
18such the requested instrument.
AB920,74,24
19(6) The An employer shall pay for the time
the an apprentice is receiving
20related instruction for no fewer hours than specified in sub. (5) (d) at the same rate
21per hour as for services.
Nothing herein shall This subsection does not prohibit an
22agreement between the parties requiring the apprentice to take additional
23instruction on the apprentice's own time in excess of the number of hours required
24by statute. Attendance at school shall be certified by the teacher in charge.
AB920,75,6
1(8) If either party to an indenture
shall fail fails to perform any of the
2stipulations
thereof of the indenture, the nonperforming party shall forfeit not less
3than one dollar nor more than $100,
such forfeiture
which is to be collected on
4complaint of the department, and paid into the state treasury. Any indenture may
5be annulled by the department upon application of either party and good cause
6shown.
AB920,75,17
7(9) It shall be the duty of the The department
, and it shall have power,
8jurisdiction and authority, to investigate, ascertain, determine and may investigate, 9fix
such reasonable classifications
and to, issue rules
and regulations, and general
10or special orders and
to, hold hearings
and, make findings and render orders
thereon 11upon its findings as shall be necessary to carry out the intent and purposes of
s.
12106.01. Such hearings, this section. The investigations, classifications,
hearings, 13findings and orders shall be made as provided in s. 103.005
and. Except as provided
14in sub. (8), the penalties specified in s. 103.005 (12)
shall apply to
and be imposed for
15any violations of
s. 106.01, excepting as to the penalties provided in s. 106.01 (8). Said
16orders shall be this section. Orders issued under this subsection are subject to review
17in the manner provided in under ch. 227.
AB920,75,21
18(10) It shall be the duty of all school officers and public school teachers to
19cooperate with the department and employers of apprentices to furnish, in a public
20school or any school supported in whole or in part by public moneys,
such any 21instruction
as that may be required to be given apprentices.
AB920, s. 166
22Section
166. 106.02 of the statutes is amended to read:
AB920,76,4
23106.02 Carpenters' apprentices. After July 1, 1943, every Every person,
24regardless of age, commencing a carpentry apprenticeship, shall
be indentured enter
25into an indenture under and be subject to s. 106.01, except that if the apprentice is
118 years or more of age the apprentice's signature only shall be necessary to bind the
2apprentice.
Such A carpentry apprenticeship shall be for a period of 4 years, except
3that the department may upon the application of the apprentice or the employer, or
4both, extend
such that term for
not to exceed up to one
additional year.
Note: Amends language to conform to the creation of the definition of "indenture"
in s. 106.001 (2). Also deletes or replaces obsolete language for improved readability and
consistency with current style.
AB920, s. 167
5Section
167. 106.025 (2) of the statutes is amended to read:
AB920,76,96
106.025
(2) Every person commencing a plumbing apprenticeship shall
be
7indentured enter into an indenture under s. 106.01. The term of a plumbing
8apprentice is 5 years, but the department may upon application of the apprentice,
9the apprentice's employer or both extend the term for up to one additional year.
Note: Amends language to conform to the creation of the definition of "indenture"
in s. 106.001 (2).
AB920, s. 168
10Section
168. 108.02 (2) (dm) of the statutes is amended to read:
AB920,76,1411
108.02
(2) (dm) In the employ of a group of operators of farms
(, or a cooperative
12organization of which
such operators
of farms are members
), in the performance of
13service described in par. (d), but only if such operators produced more than one-half
14of the commodity with respect to which such service is performed.
Note: Replaces parentheses and inserts specific reference for improved readability
and consistency with current style.
AB920, s. 169
15Section
169. 108.02 (15) (e) of the statutes is amended to read:
AB920,77,216
108.02
(15) (e) In determining whether an individual's entire services shall be
17deemed considered "employment" subject to this chapter, under pars. (b), (c), (d),
18(dm) and (dn), the department may determine and redetermine the individual's
19status hereunder for such reasonable periods as it
deems considers advisable, and
20may refund
(, as paid by mistake
), any contributions
which that have been paid
1hereunder with respect to services duly covered under any other unemployment
2insurance law.
Note: Replaces parentheses and disfavored terms consistent with current style.
AB920, s. 170
3Section
170. 108.03 (1) of the statutes is amended to read:
AB920,77,84
108.03
(1) Benefits shall be paid to each unemployed and eligible employe from
5his or her employer's account, under the conditions and in the amounts stated in
(, 6or approved by the department pursuant to
), this chapter, and at such times, at such
7places, and in such manner as the department may from time to time approve or
8prescribe.
Note: Replaces parentheses consistent with current style.
AB920, s. 171
9Section
171. 108.04 (9) (a) and (b) of the statutes are amended to read:
AB920,77,1110
108.04
(9) (a) If the position offered is vacant due directly to a strike, lockout
11or other labor dispute
;.
AB920,77,1412
(b) If the wages, hours
(, including arrangement and number
), or other
13conditions of the work offered are substantially less favorable to the individual than
14those prevailing for similar work in the locality
;.
Note: Replaces punctuation and parentheses consistent with current style.
AB920, s. 172
15Section
172. 108.04 (12) (d) of the statutes is amended to read:
AB920,77,1916
108.04
(12) (d) Any individual who receives unemployment insurance for a
17given week under the law of any other state
(, with no use of benefit credits earned
18under this chapter
), shall be ineligible for benefits paid or payable for that same week
19under this chapter.
Note: Replaces parentheses consistent with current style.
AB920, s. 173
20Section
173. 108.14 (8n) (b), (c) and (d) of the statutes are amended to read:
AB920,78,821
108.14
(8n) (b)
Such arrangements
Arrangements under par. (a) may provide,
22as to any individual whose employment has been covered by this chapter and by the
1unemployment insurance law of one or more other participating jurisdictions, for
2transfer by the department to another agency of relevant records or information, and
3the acceptance and use
thereof of the records and information, in combination with
4similar data from other jurisdictions, by
such the other agency, as a basis for
5computing and paying benefits under the law administered by
such the other agency.
6Reciprocally,
such arrangements
under par. (a) may provide for similar acceptance,
7combination and use by the department of data received from other jurisdictions to
8compute and pay benefits under this chapter.
AB920,78,129
(c)
Such arrangements Arrangements under par. (a) shall provide for mutual
10acceptance by the participating agencies of data
thus supplied
under par. (b),
11including reasonable estimates of relevant data not otherwise available in the
12transferring agency.
AB920,78,1713
(d)
Such arrangements Arrangements under par. (a) shall specify an equitable
14basis for reimbursing the unemployment fund of each participating jurisdiction for
15any benefits paid therefrom on the basis of covered employment in
(, and data
16supplied by the agency of
), another
such participating jurisdiction, out of the
17unemployment fund of
such the other jurisdiction.
Note: Inserts specific references and cross-references for improved readability
and consistency with current style.
AB920, s. 174
18Section
174. 108.14 (8n) (f) of the statutes is amended to read:
AB920,78,2219
108.14
(8n) (f) To facilitate the application of
such arrangements
under par. (a) 20to this chapter, the department may, from data received by it under such
21arrangements, make reasonable estimates of quarterly wages and may compute and
22pay benefits accordingly.
Note: Inserts specific cross-reference for improved readability and consistency
with current style.
AB920, s. 175
1Section
175. 108.16 (6) (b) and (c) of the statutes are amended to read:
AB920,79,22
108.16
(6) (b) Any reimbursement made pursuant to s. 108.04 (13) (d)
;.
AB920,79,43
(c) Any balance credited to an employer's account, if and when the employer
4ceases to be subject to this chapter, except as provided in sub. (8)
;.
Note: Replaces punctuation consistent with current style.
AB920,79,117
108.16
(6) (e) The amount of any benefit check duly issued and delivered or
8mailed to an employe, if
such the benefit check has not been presented for payment
9within one year after its date of issue
; provided that a substitute check may be issued
10and charged to the balancing account, if the employe makes application therefor
11within 6 years after the date of issue of the original check;.
Note: Inserts specific reference and replaces punctuation and a disfavored term
for improved readability and consistency with current style. See also the next 2 sections
of this bill.
AB920, s. 177
12Section
177. 108.16 (6m) (f) of the statutes is created to read:
AB920,79,1313
108.16
(6m) (f) The amount of any substitute check issued under sub. (11).
Note: Relocates material from s. 108.16 (6) (e), above.
AB920, s. 178
14Section
178. 108.16 (11) of the statutes is created to read:
AB920,79,1715
108.16
(11) The fund's treasurer may issue a substitute check to an employe
16to replace a check that is canceled under sub. (6) (e), if the employe makes application
17therefor within 6 years after the date of issue of the original check.
Note: Relocates material from s. 108.15 (6) (e), above.
AB920, s. 179
18Section
179. 111.02 (2) of the statutes is amended to read:
AB920,80,219
111.02
(2) "Collective bargaining" is the negotiating by an employer and a
20majority of the employer's employes in a collective bargaining unit
(, or their
21representatives
), concerning representation or terms and conditions of employment
1of such employes, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually
2genuine effort to reach an agreement with reference to the subject under negotiation.
Note: Replaces parentheses consistent with current style.
AB920, s. 180
3Section
180. 111.05 (4) of the statutes is amended to read:
AB920,80,124
111.05
(4) Questions concerning the determination of collective bargaining
5units or representation of employes may be raised by petition of any employe or the
6employe's employer
(, or the representative of either of them
). Where it appears by
7the petition that any emergency exists requiring prompt action, the commission
8shall act
upon said on the petition
forthwith immediately and hold the election
9requested within such time as will meet the requirements of the emergency
10presented. The fact that one election has been held
shall does not prevent the holding
11of another election among the same group of employes, provided that it appears to
12the commission that sufficient reason
therefor for another election exists.
Note: Replaces parentheses consistent with current style.
AB920, s. 181
13Section
181. 111.06 (1) (f) of the statutes is amended to read:
AB920,80,1514
111.06
(1) (f) To violate the terms of a collective bargaining agreement
(, 15including an agreement to accept an arbitration award
).
Note: Replaces parentheses consistent with current style.
AB920, s. 182
16Section
182. 111.06 (2) (e) of the statutes is amended to read:
AB920,80,2117
111.06
(2) (e) To cooperate in engaging in, promoting or inducing picketing
( 18that does not
constituting constitute an exercise of constitutionally guaranteed free
19speech
), boycotting or any other overt concomitant of a strike unless a majority in a
20collective bargaining unit of the employes of an employer against whom such acts are
21primarily directed have voted by secret ballot to call a strike.
Note: Replaces text to accommodate the replacement of parentheses consistent
with current style.
AB920, s. 183
1Section
183. 111.115 (3) of the statutes is amended to read:
AB920,81,112
111.115
(3) Where the exercise of the right to strike by employes of any
3employer engaged in the state of Wisconsin in the production, harvesting or initial
4off-farm processing
(the latter after leaving the farm) of any farm or dairy product
5produced in this state would tend to cause the destruction or serious deterioration
6of such product, the employes shall give to the commission at least 10 days' notice of
7their intention to strike and the commission shall immediately notify the employer
8of the receipt of such notice. Upon receipt of such notice, the commission shall take
9immediate steps to effect mediation, if possible. In the event of the failure of the
10efforts to mediate, the commission shall endeavor to induce the parties to arbitrate
11the controversy.
Note: Replaces parenthetical phrase for improved readability and consistency
with current style.
AB920, s. 184
12Section
184. 111.57 (3) (e) of the statutes is renumbered 111.57 (3) (e) 1. and
13amended to read:
AB920,81,1914
111.57
(3) (e) 1. The overall compensation presently received by the employes,
15having regard not only to wages for time actually worked but also to wages for time
16not worked, including
(, without limiting the generality of the foregoing
), vacation,
17holidays, and other excused time, and all benefits received, including insurance and
18pensions, medical and hospitalization benefits and the continuity and stability of
19employment enjoyed by the employes.
AB920,82,2
202. The
foregoing enumeration of factors
under subd. 1. shall not be construed
21as precluding the arbitrator from taking into consideration other factors not confined
22to the local labor market area
which that are normally or traditionally taken into
1consideration in the determination of wages, hours and working conditions through
2voluntary collective bargaining or arbitration between the parties.
Note: Subdivides provision, inserts specific cross-reference and replaces
parentheses for improved readability and consistency with current style.
AB920, s. 185
3Section
185. 112.10 (1) (b) of the statutes is amended to read:
AB920,82,84
112.10
(1) (b) "Gift instrument" means a will, deed, grant, conveyance,
5agreement, memorandum, writing, or other governing document
(, including the
6terms of any institutional solicitations from which an institutional fund resulted
), 7under which property is transferred to or held by an institution as an institutional
8fund.
Note: Replaces parentheses consistent with current style.
AB920, s. 186
9Section
186. 114.002 (6) of the statutes is amended to read: