AB751: Bill Text

AB751,8,21 111.70 (4) (cm) 6. c. Prior to the arbitration hearing under subd. 6. b., either party may, within a time limit established by the arbitrator, withdraw its final offer and mutually agreed upon modifications thereof, if any, and shall immediately provide written notice of such withdrawal to the other party, the arbitrator and the commission. If both parties withdraw their final offers and mutually agreed upon modifications, the labor organization, after giving 10 days' written advance notice to the municipal employer and the commission, may strike. Unless both parties withdraw their final offers and mutually agreed upon modifications, the final offer of neither party shall be deemed withdrawn and the arbitrator shall proceed to resolve the dispute by final and binding arbitration as provided in this paragraph.

AB751, s. 12 Section 12. 111.70 (4) (cm) 6. cm. of the statutes is created to read:

AB751,9,8 111.70 (4) (cm) 6. cm. Prior to the arbitration hearing under subd. 6. bm., either party may, within a time limit established by the arbitrator, withdraw its initial bargaining offer and mutually agreed upon modifications thereof, if any, and shall immediately provide written notice of such withdrawal to the other party, the arbitrator, and the commission. If both parties withdraw their initial bargaining offers and mutually agreed upon modifications, the labor organization, after giving 10 days' written advance notice to the municipal employer and the commission, may strike. Unless both parties withdraw their initial bargaining offers and mutually agreed upon modifications, the initial bargaining offer of neither party shall be deemed withdrawn and the arbitrator shall proceed to resolve the dispute by final and binding arbitration as provided in this paragraph.

AB751, s. 13 Section 13. 111.70 (4) (cm) 6. d. of the statutes is amended to read:

AB751,9,25 111.70 (4) (cm) 6. d. Before issuing his or her arbitration decision, the arbitrator shall, on his or her own motion or at the request of either party, conduct a meeting open to the public for the purpose of providing the opportunity to both parties to explain or present supporting arguments for their complete offer on all matters to be covered by the proposed agreement. The If the dispute does not involve a collective bargaining unit consisting of school district professional employees, the arbitrator shall adopt without further modification the final offer of one of the parties on all disputed issues submitted under subd. 6. am., except those items that the commission determines not to be mandatory subjects of bargaining and those items which have not been treated as mandatory subjects by the parties, and including any prior modifications of such offer mutually agreed upon by the parties under subd. 6. b., which decision shall be final and binding on both parties and shall be incorporated into a written collective bargaining agreement. If the dispute involves a collective bargaining unit consisting of school district professional employees, the arbitrator may determine individually all issues in dispute involving mandatory subjects of bargaining that are included in the parties' initial bargaining proposals submitted under subd. 2., and the arbitrator's decision shall be final and binding and shall be incorporated into a written collective bargaining agreement. The arbitrator shall serve a copy of his or her decision on both parties and the commission.

AB751, s. 14 Section 14. 111.70 (4) (cm) 6. g. of the statutes is amended to read:

AB751,10,13 111.70 (4) (cm) 6. g. If a question arises as to whether any proposal made in negotiations by either party is a mandatory, permissive or prohibited subject of bargaining, the commission shall determine the issue pursuant to par. (b). If either party to the dispute petitions the commission for a declaratory ruling under par. (b), the proceedings under subd. 6. c. or cm., whichever is applicable, and d. shall be delayed until the commission renders a decision in the matter, but not during any appeal of the commission order. The arbitrator's award shall be made in accordance with the commission's ruling, subject to automatic amendment by any subsequent court reversal thereof.

AB751, s. 15 Section 15. 111.70 (4) (cm) 7. of the statutes is repealed.

AB751, s. 16 Section 16. 111.70 (4) (cm) 7g. of the statutes is repealed.

AB751, s. 17 Section 17. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:

AB751,10,19 111.70 (4) (cm) 7r. `Other factors Factors considered.' (intro.) In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:

AB751, s. 18 Section 18. 111.70 (4) (cm) 7r. ie. of the statutes is created to read:

AB751,10,24 111.70 (4) (cm) 7r. ie. Any state law or directive lawfully issued by a state legislative or administrative officer, body, or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer.

AB751, s. 19 Section 19. 111.70 (4) (cm) 7r. ir. of the statutes is created to read:

AB751,11,2 111.70 (4) (cm) 7r. ir. Economic conditions in the jurisdiction of the municipal employer.

AB751, s. 20 Section 20. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

AB751,11,18 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB751, s. 21 Section 21. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

AB751, s. 22 Section 22. 111.70 (4) (cm) 8p. of the statutes is repealed.

AB751, s. 23 Section 23. 111.70 (4) (cm) 8s. of the statutes is repealed.

AB751, s. 24 Section 24. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB751,13,2 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide , however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.

AB751, s. 25 Section 25. 111.70 (4) (L) of the statutes is amended to read:

AB751,13,8 111.70 (4) (L) Strikes prohibited. Except as authorized under par. (cm) 5. and 6. c. and cm., nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employee or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under sub. (7m).

AB751, s. 26 Section 26. 111.71 (5) of the statutes is amended to read:

AB751,13,19 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members appointed under s. 111.70 (4) (cm) 6. am. 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.

AB751, s. 27 Section 27. 111.71 (5m) of the statutes is created to read:

AB751,13,25 111.71 (5m) The commission shall engage in appropriate promotional and recruitment efforts to encourage permanent and temporary reserve judges, appointed under s. 753.075 (2), to serve as arbitrators for the purpose of appointment under s. 111.70 (4) (cm) 6. ar. The commission shall also provide training programs to prepare the permanent and temporary reserve judges for such appointment.

AB751, s. 28 Section 28. 118.245 of the statutes is repealed.

AB751, s. 29 Section 29. 119.04 (1) of the statutes is amended to read:

AB751,14,10 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.

AB751, s. 30 Section 30. Initial applicability.

AB751,14,13 (1) This act first applies to petitions for arbitration that relate to collective bargaining agreements that cover periods beginning on or after July 1, 2005.

AB751,14,14 (End)