SB353: Bill Text

SB353,10,24 40.05 (4) (ar) The employer shall pay under par. (a) for employees who are not covered by a collective bargaining agreement under subch. I or, V, or VI of ch. 111 and for employees whose health insurance premium contribution rates are not determined under s. 230.12 or 233.10 an amount equal to the amount specified in par. (ag) unless a different amount is recommended by the director of the office of state employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3).

SB353, s. 24 Section 24. 40.05 (4) (b) of the statutes is amended to read:

SB353,12,8 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, and 757.02 (5) and subch. I or, V, or VI of ch. 111 of any eligible employee shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employee under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate he or she received while employed by the state, to credits for payment of health insurance premiums on behalf of the employee or the employee's surviving insured dependents. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee's completion of educational courses that have been approved by the employee's employer is considered as part of the employee's basic pay for purposes of this paragraph. The full premium for any eligible employee who is insured at the time of retirement, or for the surviving insured dependents of an eligible employee who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Upon conversion of an employee's unused sick leave to credits under this paragraph or par. (bf), the employee or, if the employee is deceased, the employee's surviving insured dependents may initiate deductions from those credits or may elect to delay initiation of deductions from those credits, but only if the employee or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the date on which the employee or surviving insured dependents later elect to initiate deductions from those credits. If an employee or an employee's surviving insured dependents elect to delay initiation of deductions from those credits, an employee or the employee's surviving insured dependents may only later elect to initiate deductions from those credits during the annual enrollment period under par. (be). A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).

SB353, s. 25 Section 25. 40.05 (4) (bw) of the statutes is amended to read:

SB353,12,20 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the payment of health insurance premiums under par. (b), the department shall add additional credits, calculated in the same manner as are credits under par. (b), that are based on a state employee's accumulated sabbatical leave or earned vacation leave from the state employee's last year of service prior to retirement, or both. The department shall apply the credits awarded under this paragraph for the payment of health insurance premiums only after the credits awarded under par. (b) are exhausted. This paragraph applies only to state employees who are eligible for accumulated unused sick leave conversion under par. (b) and who are entitled to the benefits under this paragraph pursuant to a collective bargaining agreement under subch. V or VI of ch. 111.

SB353, s. 26 Section 26. 40.05 (4g) (a) 4. of the statutes is amended to read:

SB353,13,2 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 21.79 after completion of his or her service in the U.S. armed forces.

SB353, s. 27 Section 27. 40.05 (5) (intro.) of the statutes is amended to read:

SB353,13,8 40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employee shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10:

SB353, s. 28 Section 28. 40.05 (5) (b) 4. of the statutes is amended to read:

SB353,13,12 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and subch. I or, V, or VI of ch. 111.

SB353, s. 29 Section 29. 40.05 (6) (a) of the statutes is amended to read:

SB353,13,21 40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10, each insured employee under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly installments.

SB353, s. 30 Section 30. 40.62 (2) of the statutes is amended to read:

SB353,13,25 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. I or, V, or VI of ch. 111, and ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 757.02 (5) and 978.12 (3).

SB353, s. 31 Section 31. 40.80 (3) of the statutes is amended to read:

SB353,14,3 40.80 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. V or VI of ch. 111.

SB353, s. 32 Section 32. 40.81 (3) of the statutes is amended to read:

SB353,14,6 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.

SB353, s. 33 Section 33. 40.95 (1) (a) 2. of the statutes is amended to read:

SB353,14,9 40.95 (1) (a) 2. The employee has his or her compensation established in a collective bargaining agreement under subch. V or VI of ch. 111.

SB353, s. 34 Section 34. Subchapter VI of chapter 111 of the statutes [precedes 111.95] is created to read:

SB353,14,12 CHAPTER 111

SB353,14,13 Subchapter VI

SB353,14,16 University of Wisconsin system faculty and academic staff labor relations

SB353,14,20 111.95 Declaration of policy. The public policy of the state as to labor relations and collective bargaining involving faculty and academic staff at the University of Wisconsin System, in furtherance of which this subchapter is enacted, is as follows:

SB353,14,23 (1) The people of the state of Wisconsin have a fundamental interest in developing harmonious and cooperative labor relations within the University of Wisconsin System.

SB353,15,2 (2) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the rights of the others.

SB353,15,3 111.96 Definitions. In this subchapter:

SB353,15,6 (1) "Academic staff" has the meaning given under s. 36.05 (1), but does not include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is appointed to a visiting faculty position.

SB353,15,7 (2) "Board" means the Board of Regents of the University of Wisconsin System.

SB353,15,15 (3) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.998 with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

SB353,15,16 (4) "Collective bargaining unit" means a unit established under s. 111.98 (1).

SB353,15,17 (5) "Commission" means the employment relations commission.

SB353,15,20 (6) "Election" means a proceeding conducted by the commission 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.

SB353,15,21 (7) "Employee" includes:

SB353,15,24 (a) All faculty, including specifically faculty who are supervisors or management employees, but not including faculty holding a limited appointment under s. 36.17 or deans.

SB353,16,3 (b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.

SB353,16,4 (8) "Employer" means the state of Wisconsin.

SB353,16,6 (9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual holding an appointment under s. 36.15 (1), (2), (2m), or (3).

SB353,16,11 (10) "Fair-share agreement" means an agreement between the employer and a labor organization representing employees 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.

SB353,16,12 (11) "Institution" has the meaning given in s. 36.05 (9).

SB353,16,14 (12) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.

SB353,16,18 (13) "Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment, but does not include any organization that does any of the following:

SB353,16,20 (a) Advocates the overthrow of the constitutional form of government in the United States.

SB353,16,22 (b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.

SB353,17,4 (14) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.992 at or after 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.

SB353,17,6 (15) "Management employees" include those personnel engaged predominately in executive and managerial functions.

SB353,17,8 (16) "Office" means the office of state employment relations in the department of administration.

SB353,17,13 (17) "Referendum" means a proceeding conducted by the commission in which employees, or supervisors specified in s. 111.98 (5), 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.

SB353,17,15 (18) "Representative" includes any person chosen by an employee to represent the employee.

SB353,17,19 (19) "Strike" includes any strike or other concerted stoppage of work by employees, any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal to work or perform their usual duties as employees of the state.

SB353,17,25 (20) "Supervisor" means any individual whose principal work is different from that of the individual's subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline employees, or to adjust their grievances, or to authoritatively recommend such action, if the individual's exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

SB353,18,2 (21) "Unfair labor practice" means any unfair labor practice specified in s. 111.991.

SB353,18,11 111.965 Duties of the state. (1) In the furtherance of this subchapter, the state shall be considered as a single employer. The board shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the board shall maintain close liaison with the legislature and the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The board shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the board that require legislative action.

SB353,18,14 (2) The board shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The board shall coordinate its actions with the director of the office.

SB353,18,20 111.97 Rights of employees. Employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees shall also have the right to refrain from any such activities.

SB353,18,23 111.98 Collective bargaining units. (1) Collective bargaining units for faculty and staff in the unclassified service of the state shall be structured with a collective bargaining unit for each of the following groups:

SB353,18,24 (a) Faculty of the University of Wisconsin-Madison.

SB353,18,25 (am) Faculty of the University of Wisconsin-Milwaukee.

SB353,19,1 (b) Faculty of the University of Wisconsin-Extension.

SB353,19,2 (bm) Faculty of the University of Wisconsin-Eau Claire.

SB353,19,3 (c) Faculty of the University of Wisconsin-Green Bay.

SB353,19,4 (cm) Faculty of the University of Wisconsin-La Crosse.

SB353,19,5 (d) Faculty of the University of Wisconsin-Oshkosh.

SB353,19,6 (dm) Faculty of the University of Wisconsin-Parkside.

SB353,19,7 (e) Faculty of the University of Wisconsin-Platteville.

SB353,19,8 (em) Faculty of the University of Wisconsin-River Falls.

SB353,19,9 (f) Faculty of the University of Wisconsin-Stevens Point.

SB353,19,10 (fm) Faculty of the University of Wisconsin-Stout.

SB353,19,11 (g) Faculty of the University of Wisconsin-Superior.

SB353,19,12 (gm) Faculty of the University of Wisconsin-Whitewater.

SB353,19,13 (h) Faculty of the University of Wisconsin Colleges.

SB353,19,14 (i) Academic staff of the University of Wisconsin-Madison.

SB353,19,15 (im) Academic staff of the University of Wisconsin-Milwaukee.

SB353,19,16 (j) Academic staff of the University of Wisconsin-Extension.

SB353,19,17 (jm) Academic staff of the University of Wisconsin-Eau Claire.

SB353,19,18 (k) Academic staff of the University of Wisconsin-Green Bay.

SB353,19,19 (km) Academic staff of the University of Wisconsin-La Crosse.

SB353,19,20 (L) Academic staff of the University of Wisconsin-Oshkosh.

SB353,19,21 (Lm) Academic staff of the University of Wisconsin-Parkside.

SB353,19,22 (m) Academic staff of the University of Wisconsin-Platteville.

SB353,19,23 (mm) Academic staff of the University of Wisconsin-River Falls.

SB353,19,24 (n) Academic staff of the University of Wisconsin-Stevens Point.

SB353,19,25 (nm) Academic staff of the University of Wisconsin-Stout.

SB353,20,1 (o) Academic staff of the University of Wisconsin-Superior.

SB353,20,2 (op) Academic staff of the University of Wisconsin-Whitewater.

SB353,20,3 (p) Academic staff of the University of Wisconsin Colleges.

SB353,20,16 (2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described under sub. (1) (a) to (p) may be combined into a single unit. If 2 or more collective bargaining units seek to combine into a single collective bargaining unit, the commission shall, upon the petition of at least 30 percent of the employees in each unit, hold an election to determine whether a majority of those employees voting in each unit desire to combine into a single unit. A combined collective bargaining unit shall be formed including all employees from each of those units in which a majority of the employees voting in the election approve a combined unit. The combined collective bargaining unit shall be formed immediately if there is no existing collective bargaining agreement in force in any of the units to be combined. If there is a collective bargaining agreement in force at the time of the election in any of the collective bargaining units to be combined, the combined unit shall be formed upon expiration of the last agreement for the units concerned.