SB286: Bill Text

SB286, s. 7 Section 7. 111.70 (4) (cm) 7g. of the statutes is amended to read:

SB286,9,16 111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give greater weight to economic conditions in the jurisdiction of the municipal employer and its financial ability to meet the costs of any proposed settlement than to any of the factors specified in subd. 7r. In considering the factor specified in this subdivision, the arbitrator or arbitration panel shall specifically consider the revenues available to the municipal employer without the municipal employer having to increase its property tax rate to maintain essential services.

SB286, s. 8 Section 8. 111.70 (4) (cm) 7r. c. of the statutes is amended to read:

SB286,9,19 111.70 (4) (cm) 7r. c. The interests and welfare of the public and the financial ability of the unit of government to meet the costs of any proposed settlement.

SB286, s. 9 Section 9. 111.70 (4) (cm) 7r. d. of the statutes is amended to read:

SB286,9,24 111.70 (4) (cm) 7r. d. Comparison of wages, hours, and conditions of employment of the municipal employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees performing similar services in the same community.

SB286, s. 10 Section 10. 111.70 (4) (cm) 7r. e. of the statutes is repealed:

SB286, s. 11 Section 11. 111.70 (4) (cm) 7r. f. of the statutes is repealed:

SB286, s. 12 Section 12. 111.70 (4) (cm) 7t. of the statutes is created to read:

SB286,10,6 111.70 (4) (cm) 7t. `Consideration of factors in arbitration decision.' No decision made by an arbitrator under the arbitration procedures authorized by this paragraph may take effect unless the arbitrator gives an accounting in writing of the consideration of the factors specified in subds. 7. to 7r. in the decision.

SB286, s. 13 Section 13. 111.70 (4) (m) (title) of the statutes is amended to read:

SB286,10,8 111.70 (4) (m) (title) Prohibited subjects of bargaining; school districts.

SB286, s. 14 Section 14. 111.70 (4) (nm) of the statutes is created to read:

SB286,10,15 111.70 (4) (nm) Prohibited subjects of bargaining; all municipal employers. A municipal employer is prohibited from bargaining collectively with respect to the employer's decision to enter into contracts with persons who are not municipal employees for the performance of services for the municipality, or the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services.

SB286, s. 15 Section 15. 111.77 (4) (a) of the statutes is amended to read:

SB286,10,19 111.77 (4) (a) Form 1. The Except as provided in sub. (4m), the arbitrator shall have the power to determine all issues in dispute involving wages, hours and conditions of employment.

SB286, s. 16 Section 16. 111.77 (4) (b) of the statutes is amended to read:

SB286,11,6 111.77 (4) (b) Form 2. The commission shall appoint an investigator to determine the nature of the impasse. The commission's investigator shall advise the commission in writing, transmitting copies of such advice to the parties of each issue which is known to be in dispute. Such advice shall also set forth the final offer of each party as it is known to the investigator at the time that the investigation is closed. No party may include in its final offer any item that would require the retroactive application of a salary adjustment for any period occurring before the date that the arbitrator issues the arbitration decision. Neither party may amend its final offer thereafter, except with the written agreement of the other party. The Except as provided in sub. (4m), the arbitrator shall select the final offer of one of the parties and shall issue an award incorporating that offer without modification.

SB286, s. 17 Section 17. 111.77 (4m) of the statutes is created to read:

SB286,11,13 111.77 (4m) 1. No arbitration decision under sub. (4) (a) may include any item requiring the retroactive application of a pay adjustment for any period occurring before the date that the arbitrator issues the arbitration decision, except that if the arbitrator awards a pay adjustment that is substantially similar to that included in the final offer of the labor organization the arbitrator shall require the retroactive application of the pay adjustment.

SB286,11,17 2. If the arbitrator adopts the final offer of the labor organization under sub. (4) (b), the arbitrator shall also require the retroactive application of any salary adjustment for the period covered under the collective bargaining agreement that occurs before the date that the arbitrator issues the decision.

SB286, s. 18 Section 18. 111.77 (6) of the statutes is repealed and recreated to read:

SB286,11,23 111.77 (6) (a) In making any decision under the arbitration procedures authorized by this section, the arbitrator shall consider and shall give the greatest weight to 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.

SB286,12,6 (b) In making any decision under the arbitration procedures authorized by this section, the arbitrator shall consider and shall give greater weight to economic conditions in the jurisdiction of the municipal employer and its financial ability to meet the costs of any proposed settlement than to any of the factors specified in par. (c). In considering the factor specified in this paragraph, the arbitrator shall specifically consider the revenues available to the municipal employer without the municipal employer having to increase its property tax rate to maintain essential services.

SB286,12,8 (c) In making any decision under the arbitration procedures authorized by this section, the arbitrator shall also give weight to the following factors:

SB286,12,9 1. The lawful authority of the municipal employer.

SB286,12,10 2. Stipulations of the parties.

SB286,12,11 3. The interests and welfare of the public.

SB286,12,15 4. Comparison of wages, hours, and conditions of employment of the municipal employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees performing similar services in the same community.

SB286,12,17 5. The average consumer prices for goods and services, commonly known as the cost of living.

SB286,12,21 6. The overall compensation presently received by the municipal employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

SB286,12,23 7. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.

SB286,13,3 8. Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration, or otherwise between the parties, in the public service or in private employment.

SB286,13,6 (d) No decision made by an arbitrator under the arbitration procedures authorized by this section may take effect unless the arbitrator gives an accounting in writing of the consideration of the factors specified in pars. (a) to (c) in the decision.

SB286, s. 19 Section 19. Initial applicability.

SB286,13,11 (1) This act first applies to collective bargaining agreements under subchapter IV of chapter 111 for which a notice of commencement of contract negotiations has been filed by either party under section 111.70 (4) (cm) 1. or 111.77 (1) of the statutes on the effective date of this subsection.

SB286,13,12 (End)