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 Disability; 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 employees.
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 3 major interests involved, namely: the public, the employee and the employer. These 3 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 employee, 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 employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee'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 employee, 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 Annotation
A labor agreement offering special parking privileges to county employees in a county ramp did not violate this section. Dane Co. v. McManus,
55 Wis. 2d 413,
198 N.W.2d 667.
111.01 Annotation
This section does not create substantive rights for employees. Ward v. Frito-Lay, Inc.
95 Wis. 2d 372, 290 NW 536 (Ct. App. 1980).
111.01 Annotation
The application of the open meetings law to the duties of WERC is 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 other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees 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 employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, 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 employees of one employer, employed within the state, except as provided in
s. 111.05 (5) and except that where a majority of the employees 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 employees 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 employees 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) "Employee" 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 employees of a particular employer unless the context clearly indicates otherwise.
111.02(6)(b)
(b) "Employee" 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 employee or the employee'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
111.02(6)(b)4.
4. Been absent from his or her employment for a substantial period of time during which reasonable expectancy of settlement has ceased (except by an employer's unlawful refusal to bargain) and whose place has been filled by another engaged in the regular manner for an indefinite or protracted period and not merely for the duration of a strike or lockout.
111.02(6)(c)
(c) "Employee" shall not include any individual employed in the domestic service of a family or person at the person's home or any individual employed by his or her parent or spouse or any employee who is subject to the federal railway labor act.
111.02(7)
(7) The term "employer" means a person who engages the services of an employee, and includes any person acting on behalf of an employer within the scope of his or her authority, express or implied, but shall not include the state or any political subdivision thereof, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. For purposes of this subsection, a person who engages the services of an employee includes the University of Wisconsin Hospitals and Clinics Authority and a local cultural arts district created under
subch. V of ch. 229.
111.02(7m)
(7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority under which all of the employees in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.
111.02(8)
(8) The term "jurisdictional strike" shall mean a strike growing out of a dispute between 2 or more employees or representatives of employees as to the appropriate unit for collective bargaining, or as to which representative is entitled to act as collective bargaining representative, or as to whether employees represented by one or the other representative are entitled to perform particular work.
111.02(9)
(9) The term "labor dispute" means any controversy between an employer and the majority of the employer's employees in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. Any organization with which either the employer or such majority is affiliated may be considered a party to the labor dispute.
111.02(9m)
(9m) "Maintenance of membership agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority which requires that all of the employees whose dues are being deducted from earnings under
s. 20.921 (1) or
111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.
111.02(10)
(10) The term "person" includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees or receivers.
111.02(10m)
(10m) ``Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.
