SB452,22,16
15(3) The commission shall assign employees to the appropriate collective
16bargaining units described under sub. (1) or (2).
SB452,22,24
17(4) Any labor organization may petition for recognition as the exclusive
18representative of a collective bargaining unit described under sub. (1) or (2) in
19accordance with the election procedures under s. 111.990 if the petition is
20accompanied by a 30 percent showing of interest in the form of signed authorization
21cards. Any additional labor organization seeking to appear on the ballot shall file a
22petition within 60 days of the date of filing of the original petition and prove, through
23signed authorization cards, that at least 10 percent of the employees in the collective
24bargaining unit want it to be their representative.
SB452,23,9
1(5) Although academic staff supervisors are not considered employees for the
2purpose of this subchapter, the commission may consider a petition for a statewide
3collective bargaining unit consisting of academic staff supervisors, but the
4representative of the supervisors may not be affiliated with any labor organization
5representing employees. For purposes of this subsection, affiliation does not include
6membership in a national, state, county, or municipal federation of national or
7international labor organizations. The certified representative of the supervisors
8may not bargain collectively with respect to any matter other than wages and fringe
9benefits.
SB452,23,20
10111.990 Representatives and elections.
(1) A representative chosen for the
11purposes of collective bargaining by a majority of the employees voting in a collective
12bargaining unit shall be the exclusive representative of all of the employees in such
13unit for the purposes of collective bargaining. Any individual employee, or any
14minority group of employees in any collective bargaining unit, may present any
15grievance to the employer in person, or through representatives of their own
16choosing, and the employer shall confer with the individual employee or group of
17employees with respect to the grievance if the majority representative has been
18afforded the opportunity to be present at the conference. Any adjustment resulting
19from such a conference may not be inconsistent with the conditions of employment
20established by the majority representative and the employer.
SB452,24,22
21(2) Whenever a question arises concerning the representation of employees in
22a collective bargaining unit, the commission shall determine the representation by
23taking a secret ballot of the employees and certifying in writing the results to the
24interested parties and to the board. There shall be included on any ballot for the
25election of representatives the names of all labor organizations having an interest
1in representing the employees participating in the election as indicated in petitions
2filed with the commission. The name of any existing representative shall be included
3on the ballot without the necessity of filing a petition. The commission may exclude
4from the ballot one who, at the time of the election, stands deprived of his or her rights
5under this subchapter by reason of a prior adjudication of his or her having engaged
6in an unfair labor practice. The ballot shall be so prepared as to permit a vote against
7representation by anyone named on the ballot. For elections in a collective
8bargaining unit composed of employees who are members of the faculty or academic
9staff, whenever more than one representative qualifies to appear on the ballot, the
10ballot shall be prepared to provide separate votes on 2 questions. The first question
11shall be: "Shall the employees of the ... (name of collective bargaining unit)
12participate in collective bargaining?". The 2nd question shall be: "If the employees
13of the ... (name of collective bargaining unit) elect to participate in collective
14bargaining, which labor organization do you favor to act as representative of the
15employees?". The 2nd question shall not include a choice for no representative. All
16employees in the collective bargaining unit may vote on both questions. Unless a
17majority of those employees voting in the election vote to participate in collective
18bargaining, no votes for a particular representative may be counted. If a majority
19of those employees voting in the election vote to participate in collective bargaining,
20the ballots for representatives shall be counted. The commission's certification of the
21results of any election is conclusive as to the findings included therein unless
22reviewed under s. 111.07 (8).
SB452,25,4
23(3) Whenever an election has been conducted under sub. (2) in which a majority
24of the employees voting indicate a desire to participate in collective bargaining but
25in which no named representative is favored by a majority of the employees voting,
1the commission may, if requested by a party to the proceeding within 30 days from
2the date of the certification of the results of the election, conduct a runoff election.
3In that runoff election, the commission shall drop from the ballot the name of the
4representative who received the least number of votes at the original election.
SB452,25,17
5(4) While a collective bargaining agreement between a labor organization and
6an employer is in force under this subchapter, a petition for an election in the
7collective bargaining unit to which the agreement applies may only be filed during
8October in the calendar year prior to the expiration of that agreement. An election
9held under that petition may be held only if the petition is supported by proof that
10at least 30 percent of the employees in the collective bargaining unit desire a change
11or discontinuance of existing representation. Within 60 days of the time that an
12original petition is filed, another petition may be filed supported by proof that at least
1310 percent of the employees in the same collective bargaining unit desire a different
14representative. If a majority of the employees in the collective bargaining unit vote
15for a change or discontinuance of representation by any named representative, the
16decision takes effect upon expiration of any existing collective bargaining agreement
17between the employer and the existing representative.
SB452,25,19
18111.991 Unfair labor practices. (1) It is an unfair labor practice for an
19employer individually or in concert with others:
SB452,25,2120
(a) To interfere with, restrain, or coerce employees in the exercise of their rights
21guaranteed under s. 111.97.
SB452,26,922
(b) Except as otherwise provided in this paragraph, to initiate, create,
23dominate, or interfere with the formation or administration of any labor or employee
24organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
25(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
1System under ch. 40 and no action by the employer that is authorized by such a law
2is a violation of this paragraph unless an applicable collective bargaining agreement
3specifically prohibits the change or action. No such change or action affects the
4continuing duty to bargain collectively regarding the Wisconsin Retirement System
5under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
6for the employer to reimburse an employee at his or her prevailing wage rate for the
7time spent during the employee's regularly scheduled hours conferring with the
8employer's officers or agents and for attendance at commission or court hearings
9necessary for the administration of this subchapter.
SB452,26,1310
(c) To encourage or discourage membership in any labor organization by
11discrimination in regard to hiring, tenure, or other terms or conditions of
12employment. This paragraph does not apply to fair-share or maintenance of
13membership agreements.
SB452,26,2314
(d) To refuse to bargain collectively on matters set forth in s. 111.998 with a
15representative of a majority of its employees in an appropriate collective bargaining
16unit. Whenever the employer has a good faith doubt as to whether a labor
17organization claiming the support of a majority of its employees in an appropriate
18collective bargaining unit does in fact have that support, it may file with the
19commission a petition requesting an election as to that claim. The employer is not
20considered to have refused to bargain until an election has been held and the results
21of the election are certified to the employer by the commission. A violation of this
22paragraph includes the refusal to execute a collective bargaining agreement
23previously orally agreed upon.
SB452,27,324
(e) To violate any collective bargaining agreement previously agreed upon by
25the parties with respect to wages, hours, and conditions of employment affecting the
1employees, including an agreement to arbitrate or to accept the terms of an
2arbitration award, when previously the parties have agreed to accept such award as
3final and binding upon them.
SB452,27,114
(f) To deduct labor organization dues from an employee's earnings, unless the
5employer has been presented with an individual order therefor, signed by the
6employee personally, and terminable by at least the end of any year of its life or
7earlier by the employee giving at least 30 but not more than 120 days written notice
8of such termination to the employer and to the representative labor organization,
9except if there is a fair-share or maintenance of membership agreement in effect.
10The employer shall give notice to the labor organization of receipt of such notice of
11termination.
SB452,27,18
12(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
13to implement changes in salaries or conditions of employment for members of the
14faculty or academic staff at one institution, and not for other members of the faculty
15or academic staff at another institution, but this may be done only if the differential
16treatment is based on comparisons with the compensation and working conditions
17of employees performing similar services for comparable higher education
18institutions or based upon other competitive factors.
SB452,27,19
19(2) It is unfair practice for an employee individually or in concert with others:
SB452,27,2120
(a) To coerce or intimidate an employee in the enjoyment of the employee's legal
21rights, including those guaranteed under s. 111.97.
SB452,28,222
(b) To coerce, intimidate, or induce any officer or agent of the employer to
23interfere with any of the employer's employees in the enjoyment of their legal rights
24including those guaranteed under s. 111.97 or to engage in any practice with regard
1to its employees which would constitute an unfair labor practice if undertaken by the
2officer or agent on the officer's or agent's own initiative.
SB452,28,73
(c) To refuse to bargain collectively on matters specified in s. 111.998 with the
4authorized officer or agent of the employer that is the recognized or certified
5exclusive collective bargaining representative of employees specified in s. 111.96 (8)
6in an appropriate collective bargaining unit. Such refusal to bargain shall include
7a refusal to execute a collective bargaining agreement previously orally agreed upon.
SB452,28,118
(d) To violate the provisions of any written agreement with respect to terms and
9conditions of employment affecting employees, including an agreement to arbitrate
10or to accept the terms of an arbitration award, when previously the parties have
11agreed to accept such awards as final and binding upon them.
SB452,28,1312
(e) To engage in, induce, or encourage any employees to engage in a strike or
13a concerted refusal to work or perform their usual duties as employees.
SB452,28,1714
(f) To coerce or intimidate a supervisory employee, officer, or agent of the
15employer, working at the same trade or profession as the employer's employees, to
16induce the person to become a member of or act in concert with the labor organization
17of which the employee is a member
SB452,28,21
18(3) It is an unfair labor practice for any person to do or cause to be done on
19behalf of or in the interest of employers or employees, or in connection with or to
20influence the outcome of any controversy as to employment relations, any act
21prohibited by subs. (1) and (2).
SB452,29,5
22(4) Any controversy concerning unfair labor practices may be submitted to the
23commission as provided in s. 111.07, except that the commission shall schedule a
24hearing on complaints involving alleged violations of sub. (2) (e) within 3 days after
25filing of a complaint, and notice shall be given to each party interested by service on
1the party personally, or by telegram, advising the party of the nature of the complaint
2and of the date, time, and place of hearing. The commission may appoint a substitute
3tribunal to hear unfair labor practice charges by either appointing a 3-member panel
4or submitting a 7-member panel to the parties and allowing each to strike 2 names.
5Any such panel shall report its finding to the commission for appropriate action.
SB452,29,14
6111.992 Fair-share and maintenance of membership agreements. (1)
7(a) No fair-share or maintenance of membership agreement may become effective
8unless authorized by a referendum. The commission shall order a referendum
9whenever it receives a petition supported by proof that at least 30 percent of the
10employees or supervisors specified in s. 111.98 (5) in a collective bargaining unit
11desire that a fair-share or maintenance of membership agreement be entered into
12between the employer and a labor organization. A petition may specify that a
13referendum is requested on a maintenance of membership agreement only, in which
14case the ballot shall be limited to that question.
SB452,29,2115
(b) For a fair-share agreement to be authorized, at least two-thirds of the
16eligible employees or supervisors voting in a referendum shall vote in favor of the
17agreement. For a maintenance of membership agreement to be authorized, at least
18a majority of the eligible employees or supervisors voting in a referendum shall vote
19in favor of the agreement. In a referendum on a fair-share agreement, if less than
20two-thirds but more than one-half of the eligible employees or supervisors vote in
21favor of the agreement, a maintenance of membership agreement is authorized.
SB452,30,1022
(c) If a fair-share or maintenance of membership agreement is authorized in
23a referendum, the employer shall enter into such an agreement with the labor
24organization named on the ballot in the referendum. Each fair-share or
25maintenance of membership agreement shall contain a provision requiring the
1employer to deduct the amount of dues as certified by the labor organization from the
2earnings of the employees or supervisors affected by the agreement and to pay the
3amount so deducted to the labor organization. Unless the parties agree to an earlier
4date, the agreement shall take effect 60 days after certification by the commission
5that the referendum vote authorized the agreement. The employer shall be held
6harmless against any claims, demands, suits and other forms of liability made by
7employees or supervisors or local labor organizations which may arise for actions
8taken by the employer in compliance with this section. All such lawful claims,
9demands, suits and other forms of liability are the responsibility of the labor
10organization entering into the agreement.
SB452,30,1711
(d) Under each fair-share or maintenance of membership agreement, an
12employee or supervisor who has religious convictions against dues payments to a
13labor organization based on teachings or tenets of a church or religious body of which
14he or she is a member shall, on request to the labor organization, have his or her dues
15paid to a charity mutually agreed upon by the employee or supervisor and the labor
16organization. Any dispute concerning this paragraph may be submitted to the
17commission for adjudication.
SB452,31,7
18(2) (a) Once authorized, a fair-share or maintenance of membership
19agreement shall continue in effect, subject to the right of the employer or labor
20organization concerned to petition the commission to conduct a new referendum.
21Such a petition must be supported by proof that at least 30 percent of the employees
22or supervisors in the collective bargaining unit desire that the fair-share or
23maintenance of membership agreement be discontinued. Upon so finding, the
24commission shall conduct a new referendum. If the continuance of the fair-share or
25maintenance of membership agreement is approved in the referendum by at least the
1percentage of eligible voting employees or supervisors required for its initial
2authorization, it shall be continued in effect, subject to the right of the employer or
3labor organization to later initiate a further vote following the procedure prescribed
4in this subsection. If the continuation of the agreement is not supported in any
5referendum, it is considered terminated at the termination of the collective
6bargaining agreement, or one year from the date of the certification of the result of
7the referendum, whichever is earlier.
SB452,31,168
(b) The commission shall declare any fair-share or maintenance of
9membership agreement suspended upon such conditions and for such time as the
10commission decides whenever it finds that the labor organization involved has
11refused on the basis of race, color, sexual orientation, or creed to receive as a member
12any employee or supervisor in the collective bargaining unit involved, and the
13agreement shall be made subject to the findings and orders of the commission. Any
14of the parties to the agreement, or any employee or supervisor covered under the
15agreement, may come before the commission, as provided in s. 111.07, and petition
16the commission to make such a finding.
SB452,31,19
17(3) A stipulation for a referendum executed by an employer and a labor
18organization may not be filed until after the representation election has been held
19and the results certified.
SB452,31,22
20(4) The commission may, under rules adopted for that purpose, appoint as its
21agent an official of a state agency whose employees are entitled to vote in a
22referendum to conduct a referendum under this section.
SB452,32,2
23111.993 Grievance arbitration. (1) Parties to the dispute pertaining to the
24interpretation of a collective bargaining agreement may agree in writing to have the
25commission or any other appointing state agency serve as arbitrator or may
1designate any other competent, impartial, and disinterested persons to so serve.
2Such arbitration proceedings shall be governed by ch. 788.
SB452,32,8
3(2) The board shall charge an institution for the employer's share of the cost
4related to grievance arbitration under sub. (1) for any arbitration that involves one
5or more employees of the institution. Each institution so charged shall pay the
6amount that the board charges from the appropriation account or accounts used to
7pay the salary of the grievant. Funds received under this subsection shall be credited
8to the appropriation account under s. 20.545 (1) (km).
SB452,32,14
9111.994 Mediation. The commission may appoint any competent, impartial,
10disinterested person to act as mediator in any labor dispute either upon its own
11initiative or upon the request of one of the parties to the dispute. It is the function
12of a mediator to bring the parties together voluntarily under such favorable auspices
13as will tend to effectuate settlement of the dispute, but neither the mediator nor the
14commission shall have any power of compulsion in mediation proceedings.
SB452,32,23
15111.995 Fact-finding. (1) If a dispute has not been settled after a reasonable
16period of negotiation and after the settlement procedures, if any, established by the
17parties have been exhausted, the representative that has been certified by the
18commission after an election, as the exclusive representative of employees in an
19appropriate bargaining unit, and the employer, its officers, and agents, after a
20reasonable period of negotiation, are deadlocked with respect to any dispute between
21them arising in the collective bargaining process, either party may petition the
22commission, in writing, to initiate fact-finding under this section, and to make
23recommendations to resolve the deadlock.
SB452,33,4
24(2) Upon receipt of a petition to initiate fact-finding, the commission shall
25make an investigation with or without a formal hearing, to determine whether a
1deadlock in fact exists. The commission shall certify the results of the investigation.
2If the commission decides that fact-finding should be initiated, it shall appoint a
3qualified, disinterested person or, when jointly requested by the parties, a 3-member
4panel to function as a fact finder.
SB452,33,18
5(3) The fact finder may establish dates and place of hearings and shall conduct
6the hearings under rules established by the commission. Upon request, the
7commission shall issue subpoenas for hearings conducted by the fact finder. The fact
8finder may administer oaths. Upon completion of the hearing, the fact finder shall
9make written findings of fact and recommendations for solution of the dispute and
10shall cause the same to be served on the parties and the commission. In making
11findings and recommendations, the fact finder shall take into consideration among
12other pertinent factors the principles vital to the public interest in efficient and
13economical governmental administration. Upon the request of either party the fact
14finder may orally present the recommendations in advance of service of the written
15findings and recommendations. Cost of fact-finding proceedings shall be divided
16equally between the parties. At the time the fact finder submits a statement of his
17or her costs to the parties, the fact finder shall submit a copy thereof to the
18commission at its Madison office.
SB452,33,20
19(4) A fact finder may mediate a dispute at any time prior to the issuance of the
20fact finder's recommendations.
SB452,34,2
21(5) Within 30 days of the receipt of the fact finder's recommendations or within
22a time period mutually agreed upon by the parties, each party shall advise the other,
23in writing, as to the party's acceptance or rejection, in whole or in part, of the fact
24finder's recommendations and, at the same time, send a copy of the notification to
1the commission at its Madison office. Failure to comply with this subsection, by the
2employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).
SB452,34,8
3111.996 Strike prohibited. (1) Upon establishing that a strike is in progress,
4the employer may either seek an injunction or file an unfair labor practice charge
5with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the
6board to decide whether to seek an injunction or file an unfair labor practice charge.
7The existence of an administrative remedy does not constitute grounds for denial of
8injunctive relief.
SB452,34,11
9(2) The occurrence of a strike and the participation in the strike by an employee
10do not affect the rights of the employer, in law or in equity, to deal with the strike,
11including all of the following:
SB452,34,1312
(a) The right to impose discipline, including discharge, or suspension without
13pay, of any employee participating in the strike.
SB452,34,1514
(b) The right to cancel the reinstatement eligibility of any employee engaging
15in the strike.
SB452,34,1816
(c) The right of the employer to request the imposition of fines, either against
17the labor organization or the employee engaging in the strike, or to sue for damages
18because of such strike activity.
SB452,34,20
19111.997 Management rights. Nothing in this subchapter shall interfere with
20the right of the board, in accordance with this subchapter to do any of the following:
SB452,34,23
21(1) Carry out the statutory mandate and goals assigned to the board by the
22most appropriate and efficient methods and means and utilize personnel in the most
23appropriate and efficient manner possible.
SB452,35,2
24(2) Suspend, demote, discharge, or take other appropriate disciplinary action
25against the employee; or to lay off employees in the event of lack of work or funds or
1under conditions where continuation of such work would be inefficient and
2nonproductive.
SB452,35,5
3111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (f),
4matters subject to collective bargaining to the point of impasse are salaries; fringe
5benefits consistent with sub. (2); and hours and conditions of employment.
SB452,35,96
(b) The board is not required to bargain on management rights under s.
7111.997, except that procedures for the adjustment or settlement of grievances or
8disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of
9bargaining.
SB452,35,1010
(c) The board is prohibited from bargaining on matters contained in sub. (2).
SB452,35,1611
(d) Except as provided in sub. (2) (d) and (e) and ss. 40.02 (22) (e) and 40.23 (1)
12(f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all
13actions of the board that are authorized under any such law which apply to
14nonrepresented individuals employed by the state shall apply to similarly situated
15employees, unless otherwise specifically provided in a collective bargaining
16agreement that applies to those employees.
SB452,35,1817
(e) Demands relating to retirement and group insurance shall be submitted to
18the board at least one year prior to commencement of negotiations.
SB452,35,2019
(f) The board is not required to bargain on matters related to employee
20occupancy of houses or other lodging provided by the state.
SB452,35,21
21(2) The board is prohibited from bargaining on:
SB452,35,2522
(a) The mission and goals of the board as set forth in the statutes; the
23diminution of the right of tenure provided the faculty under s. 36.13, the rights
24granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the
25rights of appointment provided academic staff under s. 36.15; or academic freedom.
SB452,36,1
1(b) Amendments to this subchapter.
SB452,36,52
(c) Family leave and medical leave rights below the minimum afforded under
3s. 103.10. Nothing in this paragraph prohibits the board from bargaining on rights
4to family leave or medical leave which are more generous to the employee than the
5rights provided under s. 103.10.
SB452,36,76
(d) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a)
73.
SB452,36,98
(e) The rights of employees to have retirement benefits computed under s.
940.30.
SB452,36,1110
(f) Honesty testing requirements that provide fewer rights and remedies to
11employees than are provided under s. 111.37.
SB452,36,1212
(h) Creditable service to which s. 40.285 (2) (b) 4. applies.
SB452,36,1413
(i) Compliance with the health benefit plan requirements under ss. 632.746 (1)
14to (8) and (10), 632.747, and 632.748.
SB452,36,1515
(j) Compliance with the insurance requirements under s. 631.95.
SB452,36,1616
(k) The definition of earnings under s. 40.02 (22).
SB452,36,1717
(L) The maximum benefit limitations under s. 40.31
SB452,36,1818
(m) The limitations on contributions under s. 40.32.
SB452,36,2019
(n) The provision to employees of the health insurance coverage required under
20s. 632.895 (11) to (14).
SB452,36,2221
(o) The requirements related to coverage of and prior authorization for
22treatment of an emergency medical condition under s. 632.85.
SB452,36,2323
(p) The requirements related to coverage of drugs and devices under s. 632.853.
SB452,36,2424
(q) The requirements related to experimental treatment under s. 632.855.
SB452,37,2
1(r) The requirements under s. 609.10 related to offering a point-of-service
2option plan.
SB452,37,53
(s) The requirements related to internal grievance procedures under s. 632.83
4and independent review of certain health benefit plan determinations under s.
5632.835.
SB452,37,9
6(3) Upon request, the chancellor at each institution, or his or her designee,
7shall meet and confer with the collective bargaining representative, if any, with
8regard to any issue that is a permissive subject of bargaining, except when the issue
9is under active consideration by a governance organization under s. 36.09 (4) or (4m).
SB452,37,15
10111.999 Labor proposals. The board shall notify and consult with the joint
11committee on employment relations, in such form and detail as the committee
12requests, regarding substantial changes in wages, employee benefits, personnel
13management, and program policy contract provisions to be included in any contract
14proposal to be offered to any labor organization by the state or to be agreed to by the
15state before such proposal is actually offered or accepted.
SB452,38,12
16111.9991 Agreements. (1) Any tentative agreement reached between the
17board, acting for the state, and any labor organization representing a collective
18bargaining unit specified in s. 111.98 shall, after official ratification by the labor
19organization, be submitted by the board to the joint committee on employment
20relations, which shall hold a public hearing before determining its approval or
21disapproval. If the committee approves the tentative agreement, it shall introduce
22in a bill or companion bills, to be put on the calendar or referred to the appropriate
23scheduling committee of each house, that portion of the tentative agreement which
24requires legislative action for implementation, such as salary and wage adjustments,
25changes in fringe benefits, and any proposed amendments, deletions or additions to
1existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6)
2(a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of
3the tentative agreement to appropriate legislative committees for advisory
4recommendations on the proposed terms. The committee shall accompany the
5introduction of such proposed legislation with a message that informs the legislature
6of the committee's concurrence with the matters under consideration and that
7recommends the passage of such legislation without change. If the joint committee
8on employment relations does not approve the tentative agreement, it shall be
9returned to the parties for renegotiation. If the legislature does not adopt without
10change that portion of the tentative agreement introduced by the joint committee on
11employment relations, the tentative agreement shall be returned to the parties for
12renegotiation.
SB452,38,13
13(2) No portion of any tentative agreement shall become effective separately.
SB452,38,14
14(3) Agreements shall coincide with the fiscal year or biennium.
SB452,38,16
15(4) The negotiation of collective bargaining agreements and their approval by
16the parties should coincide with the overall fiscal planning and processes of the state.
SB452,38,18
17(5) All compensation adjustments for employees shall be effective on the
18beginning date of the pay period nearest the statutory or administrative date.
SB452,38,23
19111.9992 Status of existing benefits and rights. Unless a prohibited
20subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4),
2140.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules
22governing the salaries, fringe benefits, hours, and conditions of employment apply
23to each employee, unless otherwise provided in a collective bargaining agreement.
SB452,39,5
24111.9993 Rules, transcripts, fees. (1) The commission may adopt
25reasonable and proper rules relative to the exercise of its powers and authority and
1proper rules to govern its proceedings and to regulate the conduct of all elections and
2hearings under this subchapter. The commission shall, upon request, provide a
3transcript of a proceeding to any party to the proceeding for a fee, established by rule,
4by the commission at a uniform rate per page. All transcript fees shall be credited
5to the appropriation account under s. 20.425 (1) (i).
SB452,40,5
6(2) The commission shall assess and collect a filing fee for filing a complaint
7alleging that an unfair labor practice has been committed under s. 111.991. The
8commission shall assess and collect a filing fee for filing a request that the
9commission act as an arbitrator to resolve a dispute involving the interpretation or
10application of a collective bargaining agreement under s. 111.993. The commission
11shall assess and collect a filing fee for filing a request that the commission initiate
12fact-finding under s. 111.995. The commission shall assess and collect a filing fee
13for filing a request that the commission act as a mediator under s. 111.994. For the
14performance of commission actions under ss. 111.993, 111.994, and 111.995, the
15commission shall require that the parties to the dispute equally share in the payment
16of the fee and, for the performance of commission actions involving a complaint
17alleging that an unfair labor practice has been committed under s. 111.991, the
18commission shall require that the party filing the complaint pay the entire fee. If any
19party has paid a filing fee requesting the commission to act as a mediator for a labor
20dispute and the parties do not enter into a voluntary settlement of the labor dispute,
21the commission may not subsequently assess or collect a filing fee to initiate
22fact-finding to resolve the same labor dispute. If any request concerns issues arising
23as a result of more than one unrelated event or occurrence, each such separate event
24or occurrence shall be treated as a separate request. The commission shall
25promulgate rules establishing a schedule of filing fees to be paid under this
1subsection. Fees required to be paid under this subsection shall be paid at the time
2of filing the complaint or the request for fact-finding, mediation, or arbitration. A
3complaint or request for fact-finding, mediation, or arbitration is not filed until the
4date such fee or fees are paid. Fees collected under this subsection shall be credited
5to the appropriation account under s. 20.425 (1) (i).
SB452, s. 35
6Section
35. 230.01 (3) of the statutes is amended to read:
SB452,40,87
230.01
(3) Nothing in this chapter shall be construed to either infringe upon
8or supersede the rights guaranteed state employees under subch. V
or VI of ch. 111.
SB452, s. 36
9Section
36. 230.046 (10) (a) of the statutes is amended to read:
SB452,40,1110
230.046
(10) (a) Conduct off-the-job employee development and training
11programs relating to functions under this chapter or subch. V
or VI of ch. 111.
SB452, s. 37
12Section
37. 230.12 (3) (e) 1. of the statutes is amended to read:
SB452,41,1113
230.12
(3) (e) 1. The director, after receiving recommendations from the board
14of regents, shall submit to the joint committee on employment relations a proposal
15for adjusting compensation and employee benefits for employees under ss. 20.923
16(4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining
17unit under subch. V
or VI of ch. 111 for which a representative is certified. The
18proposal shall include the salary ranges and adjustments to the salary ranges for the
19university senior executive salary groups 1 and 2 established under s. 20.923 (4g).
20The proposal shall be based upon the competitive ability of the board of regents to
21recruit and retain qualified faculty and academic staff, data collected as to rates of
22pay for comparable work in other public services, universities and commercial and
23industrial establishments, recommendations of the board of regents and any special
24studies carried on as to the need for any changes in compensation and employee
25benefits to cover each year of the biennium. The proposal shall also take proper
1account of prevailing pay rates, costs and standards of living and the state's
2employment policies. The proposal for such pay adjustments may contain
3recommendations for across-the-board pay adjustments, merit or other
4adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
5shall apply to the process for approval of all pay adjustments for such employees
6under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved
7by the joint committee on employment relations and the governor shall be based
8upon a percentage of the budgeted salary base for such employees under ss. 20.923
9(4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit
10and adjustments other than across-the-board pay adjustments is available for
11discretionary use by the board of regents.