SECTION 1988s. 111.815 of the statutes is amended to read:
111.815 Duties of state. (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the department office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m) and (2) (f), the department office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the department office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter.
(2) In the furtherance of the policy under s. 111.80 (4), the secretary of the department shall establish a collective bargaining capability within the department outside of the division of merit recruitment and selection and director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1m) and (2) (f). The secretary of the department director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.
(3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the secretary of the department director of the office shall maintain close liaison with the department secretary of administration.".
89.
Page 816, line 10: delete that line and substitute:
"SECTION 1989m. 111.83 (3) of the statutes is amended to read:
111.83 (3) Whenever a question arises concerning the representation of employees in a collective bargaining unit the commission shall determine the representative thereof by taking a secret ballot of the employees and certifying in writing the results thereof to the interested parties and to the secretary of the department director of the office. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees participating in the election as indicated in petitions filed with the commission. The name of any existing representative shall be included on the ballot without the necessity of filing a petition. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. The commission's certification of the results of any election is conclusive as to the findings included therein unless reviewed under s. 111.07 (8).".
90.
Page 816, line 12: delete "The department" and substitute "The department office".
91.
Page 816, line 16: delete "department" and substitute "department office".
92.
Page 816, line 18: delete "20.505 (1) (ko)" and substitute "20.545 (1) (km)".
93.
Page 816, line 18: after that line insert:
"SECTION 1990m. 111.89 (1) of the statutes is amended to read:
111.89 (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the department office to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.".
94.
Page 816, line 23: after that line insert:
"SECTION 1992e. 111.91 (4) of the statutes is amended to read:
111.91 (4) The secretary of the department director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a), shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.
SECTION 1992m. 111.915 of the statutes is amended to read:
111.915 Labor proposals. The secretary of the department director of the office shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.
SECTION 1992s. 111.92 (1) (a) of the statutes is amended to read:
111.92 (1) (a) Any tentative agreement reached between the department office, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) shall, after official ratification by the labor organization, be submitted by the department office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.".
95.
Page 832, line 15: delete "department of employment relations administration" and substitute "department of employment relations office of state human resources management".
96.
Page 927, line 25: delete the material beginning with "department" and ending with "administration" on page 928, line 1, and substitute "department of employment relations office of state human resources management".
97.
Page 930, line 7: delete the material beginning with "secretary" and ending with "administration" on line 8 and substitute "secretary of employment relations director of the office of state human resources management".
98.
Page 931, line 23: after that line insert:
"SECTION 2384e. 230.01 (2) of the statutes is amended to read:
230.01 (2) It is the policy of the state and the responsibility of the secretary director and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards. It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation or political affiliation. It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter. It is the policy of the state to ensure its employees opportunities for satisfying careers and fair treatment based on the value of each employee's services. It is the policy of this state to encourage disclosure of information under subch. III and to ensure that any employee employed by a governmental unit is protected from retaliatory action for disclosing information under subch. III. It is the policy of this state to correct pay inequities based on gender or race in the state civil service system.
SECTION 2384m. 230.02 of the statutes is amended to read:
230.02 Liberal construction of statutes. Statutes applicable to the department office shall be construed liberally in aid of the purposes declared in s. 230.01.".
99.
Page 932, line 3: delete lines 3 to 5 and substitute:
"SECTION 2386e. 230.03 (9) of the statutes is repealed.
SECTION 2386m. 230.03 (9e) of the statutes is created to read:
230.03 (9e) "Director" means the director of the office.
SECTION 2386s. 230.03 (10) of the statutes is amended to read:
230.03 (10) "Division" means the division of merit recruitment and selection in the department office.".
100.
Page 932, line 8: after that line insert:
"SECTION 2387e. 230.03 (10r) of the statutes is amended to read:
230.03 (10r) "Job group" means a set of classifications combined by the department office on the basis of similarity in responsibility, pay range and nature of work.
SECTION 2387m. 230.03 (10w) of the statutes is created to read:
230.03 (10w) "Office" means the office of state human resources management.
SECTION 2387s. 230.03 (13) of the statutes is repealed.
SECTION 2387w. 230.04 (title) of the statutes is amended to read:
230.04 (title) Powers and duties of the secretary director.".
101.
Page 932, line 10: on lines 10 and 13, delete "secretary" and substitute "secretary director".
102.
Page 932, line 15: on lines 15, 17, 19, 21 and 22, delete "secretary" and substitute "secretary director".
103.
Page 932, line 23: delete "department" and substitute "department office".
104.
Page 932, line 25: delete "department" and substitute "department office".
105.
Page 933, line 4: delete "secretary" and substitute "secretary director".
106.
Page 933, line 4: after that line insert:
"SECTION 2389d. 230.04 (2) of the statutes is amended to read:
230.04 (2) The secretary director may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound personnel management program. These services may be obtained from persons inside or outside of state service.
SECTION 2389h. 230.04 (3) of the statutes is amended to read:
230.04 (3) The secretary director may issue enforceable orders on all matters relating to the administration, enforcement and effect of this chapter and the rules prescribed thereunder except on matters relating to the provisions of subch. III or to those provisions of subch. II for which responsibility is specifically charged to the administrator.
SECTION 2389p. 230.04 (4) of the statutes is amended to read:
230.04 (4) The secretary director shall establish and maintain a collective bargaining capability under s. 111.815 (2).
SECTION 2389s. 230.04 (5) of the statutes is amended to read:
230.04 (5) The secretary director shall promulgate rules on all matters relating to the administration of the department office and the performance of the duties assigned to the secretary director, except on matters relating to those provisions of subch. II for which responsibility is specifically charged to the administrator.".
107.
Page 933, line 5: after that line insert:
"SECTION 2390b. 230.04 (8) of the statutes is amended to read:
230.04 (8) The secretary director shall establish an employee performance evaluation program under s. 230.37 (1).
SECTION 2390c. 230.04 (9) (intro.) of the statutes is amended to read:
230.04 (9) (intro.) The secretary director shall do all of the following:
SECTION 2390d. 230.04 (9) (f) of the statutes is renumbered 230.455 and amended to read:
230.455 Division of affirmative action. Establish an affirmative action subunit reporting directly to the secretary. The division of affirmative action subunit shall advise and assist the secretary director, the administrator and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit division of affirmative action shall advise and assist the secretary director in monitoring such programs and shall provide staff to the council on affirmative action council.
SECTION 2390e. 230.04 (9m) of the statutes is amended to read:
230.04 (9m) The secretary director shall conduct periodic reviews and evaluations of the written records of hiring decisions made by appointing authorities under ss. 230.21 (1m), 230.25 (1p) and 230.27 (2k).
SECTION 2390f. 230.04 (9r) (b) (intro.) of the statutes is amended to read:
230.04 (9r) (b) (intro.) The secretary director shall keep a record of all of the following:
SECTION 2390g. 230.04 (10) (a) of the statutes is amended to read:
230.04 (10) (a) The secretary director may require all agencies and their officers to comply with the secretary's director's request to furnish current information pertaining to authorized positions, payroll and related items regarding civil service and employment relations functions.
SECTION 2390h. 230.04 (10) (b) of the statutes is amended to read:
230.04 (10) (b) The secretary director shall request from each agency and each agency shall furnish to the secretary director relevant racial, ethnic, gender and disability information on every new employee hired by the agency including limited term, project, seasonal and sessional employees. The secretary director shall maintain the data to permit a periodic review of the agency's affirmative action plan accomplishments.
SECTION 2390i. 230.04 (10) (c) of the statutes is amended to read:
230.04 (10) (c) The secretary director shall request from each agency and each agency shall furnish to the secretary director relevant information regarding the prior military service, if any, of every new employee hired by the agency including limited term, project, seasonal and sessional employees. The secretary director shall maintain the data to permit a periodic review of the progress being made to provide employment opportunities in civil service for veterans and disabled veterans.
SECTION 2390j. 230.04 (11) of the statutes is amended to read:
230.04 (11) The secretary director may provide by rule for an understudy program to assure continuity in selected positions.
SECTION 2390k. 230.04 (12) of the statutes is amended to read:
230.04 (12) The secretary director shall keep in the office an official roster of all permanent classified employees which shall include classification titles, pay and employment status changes and appropriate dates thereof.
SECTION 2390L. 230.04 (13) (intro.) of the statutes is amended to read:
230.04 (13) (intro.) The secretary director shall do all of the following:
SECTION 2390m. 230.04 (14) of the statutes is amended to read:
230.04 (14) The secretary director shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.
SECTION 2390n. 230.04 (15) of the statutes is amended to read:
230.04 (15) The secretary director shall review and either approve or disapprove each determination by an agency head regarding the classification of a state employee as a protective occupation participant for purposes of the Wisconsin retirement system.
SECTION 2390nm. 230.04 (16) of the statutes is created to read:
230.04 (16) The director may appoint an executive assistant outside the classified service.
SECTION 2390p. 230.046 (5) (c) of the statutes is amended to read:
230.046 (5) (c) An agreement has been entered into by the trainee and the appointing authority relative to employment with the state, together with such other terms and conditions as may be necessary under the rules of the secretary director whenever on-the-job trainees are employed; and
SECTION 2390q. 230.046 (7) of the statutes is amended to read:
230.046 (7) ESTABLISH INTERNSHIPS. The secretary director shall establish in the classified service in-service training internships designed to give rigorous training in public service administration for periods not to exceed 3 years under the direct supervision of experienced administrators.
