AB75-ASA1,1180,16
10(2) Survey form. By October 1 of each odd-numbered year, the department of
11workforce development shall develop and submit to the department of regulation
12and licensing a survey form to gather data under s. 441.01 (7) (a) 1. to assist the
13department of workforce development in evaluating the supply of, demand for, and
14turnover among nurses in this state and in determining whether there are any
15regional shortages of nurses, shortages of nurses in any speciality areas, or
16impediments to entering the nursing profession in this state.
AB75-ASA1,1180,21
17(3) Survey results. Beginning in 2011, by September 30 of each
18odd-numbered year, the department shall compile, process, and evaluate the survey
19results and submit a report of its findings to the speaker of the assembly and the
20president of the senate under s. 13.172 (3) and to the governor, the secretary of health
21services, and the nurse resource center described in sub. (5).
AB75-ASA1,1180,24
22(4) Costs of survey. The department may use no more than 12 percent of the
23amount received under s. 20.445 (1) (km) for costs incurred by the department under
24subs. (2) and (3).
AB75-ASA1,1181,10
1(5) Nursing workforce grants. (a) From the appropriation account under s.
220.445 (1) (km), the department of workforce development shall award grants equal
3to the amount appropriated under s. 20.445 (1) (km) minus the amount expended
4under sub. (4) to a nonprofit statewide nursing center that is comprised of and led
5by nurses and that has demonstrated coordination with constituent groups within
6the nursing community, including professional nursing organizations; organizations
7representing nurse educators, staff nurses, and nurse managers or executives; labor
8organizations representing nurses; the department of regulation and licensing; the
9department of health services; and legislators who are concerned with issues
10affecting the nursing profession.
AB75-ASA1,1181,2411
(b) A statewide nursing center that receives a grant under par. (a) shall use the
12grant moneys to develop strategies to ensure that there is a nursing workforce that
13is adequate to meet the current and future health care needs of this state. The
14statewide nursing center may use those moneys to fund activities that are aimed at
15ensuring such a nursing workforce, including monitoring trends in the applicant pool
16for nursing education programs; evaluating the effectiveness of nursing education
17programs in increasing access to those programs and in enhancing career mobility
18for nurses, especially for populations that are underrepresented in the nursing
19profession; and facilitating partnerships between the nursing community and other
20health care providers, the department of regulation and licensing, the business
21community, the legislature, and educators to promote diversity within the nursing
22profession, enhance career mobility and leadership development for nurses, and
23achieve consensus regarding policies aimed at ensuring an adequate nursing
24workforce in this state.
AB75-ASA1,1182,8
1108.24
(2) Except as provided in
sub. (2m) and s. 108.16 (8) (m), any person who
2knowingly makes a false statement or representation in connection with any report
3or as to any information duly required by the department under this chapter, or who
4knowingly refuses or fails to keep any records or to furnish any reports or information
5duly required by the department under this chapter, shall be fined not less than $100
6nor more than $500, or imprisoned not more than 90 days or both; and each such false
7statement or representation and every day of such refusal or failure constitutes a
8separate offense.
AB75-ASA1,1182,1310
108.24
(2m) Any employer described in s. 108.18 (2) (c) who willfully provides
11false information to the department for the purpose of misclassifying or attempting
12to misclassify an individual who is an employee of the employer as a nonemployee
13shall be fined $25,000 for each violation.
AB75-ASA1,1182,1815
109.03
(3) (a) In case of the death of an employee to whom wages are due, the
16full amount of the wages due shall upon demand be paid by the employer to the
17spouse,
domestic partner under ch. 770, children, or other dependent living with the
18employee at the time of death.
AB75-ASA1,1182,2420
109.03
(3) (b) An employer may, not less than 5 days after the death of an
21employee and before the filing of a petition or application for administration of the
22decedent's estate, make payments of the wage due the deceased employee to the
23spouse,
domestic partner under ch. 770, children, parents, or siblings of the decedent,
24giving preference in the order listed.
AB75-ASA1,1183,4
1109.03
(3) (c) If none of the
relatives persons listed in par. (b) survives, the
2employer may apply the payment of the wage or so much of the wage as may be
3necessary to paying creditors of the decedent in the order of preference prescribed
4in s. 859.25 for satisfaction of debts by personal representatives.
AB75-ASA1,1184,26
109.09
(1) The department shall investigate and attempt equitably to adjust
7controversies between employers and employees as to alleged wage claims. The
8department may receive and investigate any wage claim which is filed with the
9department, or received by the department under s. 109.10 (4), no later than 2 years
10after the date the wages are due. The department may, after receiving a wage claim,
11investigate any wages due from the employer against whom the claim is filed to any
12employee during the period commencing 2 years before the date the claim is filed.
13The department shall enforce this chapter and ss. 66.0903,
66.0904, 103.02, 103.49,
14103.82, 104.12
, and 229.8275. In pursuance of this duty, the department may sue the
15employer on behalf of the employee to collect any wage claim or wage deficiency and
16ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
17under s. 109.10, the department may refer such an action to the district attorney of
18the county in which the violation occurs for prosecution and collection and the
19district attorney shall commence an action in the circuit court having appropriate
20jurisdiction. Any number of wage claims or wage deficiencies against the same
21employer may be joined in a single proceeding, but the court may order separate
22trials or hearings. In actions that are referred to a district attorney under this
23subsection, any taxable costs recovered by the district attorney shall be paid into the
24general fund of the county in which the violation occurs and used by that county to
1meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
2of the district attorney who prosecuted the action.
AB75-ASA1,1184,8
4110.072 Contracts related to state traffic patrol vehicles. 5Notwithstanding s. 16.705, the department may not contract with any 3rd party for
6the 3rd party to provide services to the department related to the installation and
7maintenance of communications and other law enforcement equipment on state
8traffic patrol vehicles.
AB75-ASA1,1184,1110
110.08
(2) Except as provided under s. 343.16 (1) (b)
and to (c), all examinations
11for operator's licenses and permits shall be given by state examiners.
AB75-ASA1,1185,213
111.02
(3) "Collective bargaining unit" means all of the employees of one
14employer, employed within the state, except as provided in s. 111.05 (5)
and (7) and
15except that where a majority of the employees engaged in a single craft, division,
16department or plant have voted by secret ballot as provided in s. 111.05 (2) to
17constitute such group a separate bargaining unit they shall be so considered, but, in
18appropriate cases, and to aid in the more efficient administration of ss. 111.01 to
19111.19, the commission may find, where agreeable to all parties affected in any way
20thereby, an industry, trade or business comprising more than one employer in an
21association in any geographical area to be a "collective bargaining unit". A collective
22bargaining unit thus established by the commission shall be subject to all rights by
23termination or modification given by ss. 111.01 to 111.19 in reference to collective
24bargaining units otherwise established under ss. 111.01 to 111.19. Two or more
25collective bargaining units may bargain collectively through the same
1representative where a majority of the employees in each separate unit have voted
2by secret ballot as provided in s. 111.05 (2) so to do.
AB75-ASA1,1185,64
111.02
(6) (am) "Employee" includes a day care provider certified under s.
548.651 and a day care provider licensed under s. 48.65 who provides care and
6supervision for not more than 8 children who are not related to the day care provider.
AB75-ASA1, s. 2216L
7Section 2216L. 111.02 (7) of the statutes is renumbered 111.02 (7) (a) (intro.)
8and amended to read:
AB75-ASA1,1185,109
111.02
(7) (a) (intro.)
The term "employer" "Employer" means a person who
10engages the services of an employee, and includes
any
all of the following:
AB75-ASA1,1185,12
111. A person acting on behalf of an employer within the scope of his or her
12authority, express or implied
, but shall.
AB75-ASA1,1185,13
13(b) "Employer" does not include
the any of the following:
AB75-ASA1,1185,15
141. Except as provided in par. (a) 4., the state or any political subdivision thereof
,
15or any.
AB75-ASA1,1185,18
162. Any labor organization or anyone acting in behalf of such organization other
17than when it is acting as an employer in fact.
For purposes of this subsection, a
18person who engages the services of an employee includes the
AB75-ASA1,1185,19
19(a) 2. The University of Wisconsin Hospitals and Clinics Authority
and a .
AB75-ASA1,1185,20
203. A local cultural arts district created under subch. V of ch. 229.
AB75-ASA1,1185,2422
111.02
(7) (a) 4. With respect to an employee under sub. (6) (am), the state,
23counties, and other administrative entities involved in regulation and subsidization
24of employees under sub. (6) (am).
AB75-ASA1,1186,7
1111.02
(7m) "Fair-share agreement" means an agreement between the
2University of Wisconsin Hospitals and Clinics Authority and a labor organization
3representing employees of that authority
, or between an employer defined under sub.
4(7) (a) 4. and a labor organization representing employees under sub. (6) (am), under
5which all of the employees in a collective bargaining unit are required to pay their
6proportionate share of the cost of the collective bargaining process and contract
7administration measured by the amount of dues uniformly required of all members.
AB75-ASA1, s. 2216r
8Section 2216r. 111.02 (9m) of the statutes is renumbered 111.02 (9m) (intro.)
9and amended to read:
AB75-ASA1,1186,1110
111.02
(9m) (intro.) "Maintenance of membership agreement" means
an any
11of the following:
AB75-ASA1,1186,18
12(a) An agreement between the University of Wisconsin Hospitals and Clinics
13Authority and a labor organization representing employees of that authority which
14requires that all of the employees whose dues are being deducted from earnings
15under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall
16continue to have dues deducted for the duration of the agreement and that dues shall
17be deducted from the earnings of all employees who are hired on or after the effective
18date of the agreement.
AB75-ASA1,1186,2520
111.02
(9m) (b) An agreement between an employer under sub. (7) (a) 4. and
21a labor organization representing employees under sub. (6) (am) which requires that
22all of the employees whose dues are being deducted from earnings under s. 111.06 (1)
23(i) at the time the agreement takes effect shall continue to have dues deducted for
24the duration of the agreement and that dues shall be deducted from the earnings of
25all employees who are hired on or after the effective date of the agreement.
AB75-ASA1,1187,72
111.02
(10m) "Referendum" means a proceeding conducted by the commission
3in which employees of the University of Wisconsin Hospitals and Clinics Authority
4in a collective bargaining unit
or in which employees under sub. (6) (am) in a
5collective bargaining unit may cast a secret ballot on the question of directing the
6labor organization and the employer to enter into a fair-share or maintenance of
7membership agreement or to terminate such an agreement.
AB75-ASA1,1187,149
111.05
(2) Except as provided in
sub.
subs. (5)
and (7), whenever a question
10arises concerning the determination of a collective bargaining unit as defined in s.
11111.02 (3), it shall be determined by secret ballot, and the commission, upon request,
12shall cause the ballot to be taken in such manner as to show separately the wishes
13of the employees in any craft, division, department or plant as to the determination
14of the collective bargaining unit.
AB75-ASA1,1187,1716
111.05
(7) Employees under s. 111.02 (6) (am) shall comprise a single collective
17bargaining unit.
AB75-ASA1,1187,2320
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
21right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50,
22104.12,
106.04, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64
23to 103.82.
AB75-ASA1,1188,4
1111.322
(2m) (b) The individual testifies or assists in any action or proceeding
2held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
3103.34, 103.455, 103.50, 104.12,
106.04, 109.03, 109.07, 109.075, or 146.997 or ss.
4101.58 to 101.599 or 103.64 to 103.82.
AB75-ASA1,1188,86
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
7under s. 66.0903,
66.0904, 103.49
, or 229.8275 or testifies or assists in any action or
8proceeding under s. 66.0903,
66.0904, 103.49
, or 229.8275.
AB75-ASA1,1188,13
10111.327 Construction contractors. Any employer described in s. 108.18 (2)
11(c) who willfully and with intent to evade any requirement of this subchapter
12misclassifies or attempts to misclassify an individual who is an employee of the
13employer as a nonemployee shall be fined $25,000 for each violation.
AB75-ASA1,1189,1316
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
17obligation of a municipal employer, through its officers and agents, and the
18representative of its municipal employees in a collective bargaining unit, to meet and
19confer at reasonable times, in good faith, with the intention of reaching an
20agreement, or to resolve questions arising under such an agreement, with respect to
21wages, hours and conditions of employment, and with respect to a requirement of the
22municipal employer for a municipal employee to perform law enforcement and fire
23fighting services under s. 61.66, except as provided in subs. (3m)
, (3p), and (4) (m)
24and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and
25confer with respect to any proposal to diminish or abridge the rights guaranteed to
1municipal employees under ch. 164. The duty to bargain, however, does not compel
2either party to agree to a proposal or require the making of a concession. Collective
3bargaining includes the reduction of any agreement reached to a written and signed
4document. The municipal employer shall not be required to bargain on subjects
5reserved to management and direction of the governmental unit except insofar as the
6manner of exercise of such functions affects the wages, hours and conditions of
7employment of the municipal employees in a collective bargaining unit. In creating
8this subchapter the legislature recognizes that the municipal employer must
9exercise its powers and responsibilities to act for the government and good order of
10the jurisdiction which it serves, its commercial benefit and the health, safety and
11welfare of the public to assure orderly operations and functions within its
12jurisdiction, subject to those rights secured to municipal employees by the
13constitutions of this state and of the United States and by this subchapter.
AB75-ASA1,1189,1815
111.70
(1) (b) "Collective bargaining unit" means a unit consisting of municipal
16employees who are school district
professional employees or of municipal employees
17who are not school district
professional employees that is determined by the
18commission to be appropriate for the purpose of collective bargaining.
AB75-ASA1,1189,2423
111.70
(1) (nd) "School district employee" means a municipal employee who is
24employed to perform services for a school district.
AB75-ASA1,1190,62
111.70
(3p) Child care provider services unit. A collective bargaining
3agreement that covers municipal employees performing services for the child care
4provider services unit under s. 49.826 shall contain a provision that permits the
5terms of the agreement to be modified with respect to hours and conditions of
6employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
AB75-ASA1,1190,198
111.70
(4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
9other impasse resolution procedures provided in this paragraph, a municipal
10employer and labor organization may at any time, as a permissive subject of
11bargaining, agree in writing to a dispute settlement procedure, including
12authorization for a strike by municipal employees or binding interest arbitration,
13which is acceptable to the parties for resolving an impasse over terms of any
14collective bargaining agreement under this subchapter. A copy of such agreement
15shall be filed by the parties with the commission. If the parties agree to any form of
16binding interest arbitration, the arbitrator shall give weight to the factors
17enumerated under subds. 7.
, and 7g.
for a collective bargaining unit consisting of
18municipal employees who are not school district employees and
under subd. 7r.
for
19a collective bargaining unit consisting of municipal employees.
AB75-ASA1, s. 2227
20Section 2227. 111.70 (4) (cm) 5s. of the statutes is amended to read:
AB75-ASA1,1192,1621
111.70
(4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit
22consisting of that includes school district professional employees, the municipal
23employer or the labor organization may petition the commission to determine
24whether the municipal employer has submitted a qualified economic offer
with
25respect to school district professional employees. The commission shall appoint an
1investigator for that purpose. If the investigator finds that the municipal employer
2has submitted
such a qualified economic offer, the investigator shall determine
3whether a deadlock exists between the parties with respect to all economic issues
4affecting school district professional employees. If the municipal employer submits
5such a qualified economic offer applicable to any period beginning on or after
6July 1, 1993, no economic issues
affecting school district professional employees are
7subject to interest arbitration under subd. 6. for that period, except that only the
8impact of contracting out or subcontracting work that would otherwise be performed
9by municipal employees in the collective bargaining unit is subject to interest
10arbitration under subd. 6. In such a collective bargaining unit, economic issues
11concerning the wages, hours or conditions of employment of the school district
12professional employees in the unit for any period prior to July 1, 1993, are subject
13to interest arbitration under subd. 6. for that period. In such a collective bargaining
14unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject
15to interest arbitration after the parties have reached agreement and stipulate to
16agreement on all economic issues concerning the wages, hours or conditions of
17employment of the school district professional employees in the unit for that period.
18In such a collective bargaining unit, if the commission's investigator finds that the
19municipal employer has submitted a qualified economic offer
with respect to school
20district professional employees and that a deadlock exists between the parties with
21respect to all economic issues
affecting school district professional employees, the
22municipal employer may implement the qualified economic offer. On the 90th day
23prior to expiration of the period included within the qualified economic offer, if no
24agreement exists on that day, the parties are deemed to have stipulated to the
25inclusion in a new or revised collective bargaining agreement of all provisions of any
1predecessor collective bargaining agreement concerning economic issues
affecting
2school district professional employees, or of all provisions of any existing collective
3bargaining agreement concerning
these economic issues if the parties have reopened
4negotiations under an existing agreement, as modified by the terms of the qualified
5economic offer and as otherwise modified by the parties. In such a collective
6bargaining unit, on and after that 90th day, a municipal employer that refuses to
7bargain collectively with respect to the terms of that stipulation, applicable to the
890-day period prior to expiration of the period included within the qualified
9economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation
10after August 11, 1993, during the 90-day period prior to expiration of the period
11included within
such a qualified economic offer, operates as a full, final and complete
12settlement of all economic issues
affecting school district professional employees 13between the parties for the period included within the qualified economic offer. The
14failure of a labor organization to recognize the validity of such a lawful qualified
15economic offer does not affect the obligation of the municipal employer to submit
16economic issues to arbitration under subd. 6.
AB75-ASA1, s. 2227b
17Section 2227b. 111.70 (4) (cm) 5s. of the statutes, as affected by 2009
18Wisconsin Act .... (this act), is repealed.
AB75-ASA1, s. 2228
19Section
2228. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
AB75-ASA1,1193,1020
111.70
(4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one
21or more issues
, qualifying for interest arbitration under subd. 5s. in a collective
22bargaining unit to which subd. 5s. applies, has not been settled after a reasonable
23period of negotiation and after mediation by the commission under subd. 3. and other
24settlement procedures, if any, established by the parties have been exhausted, and
25the parties are deadlocked with respect to any dispute between them over wages,
1hours and conditions of employment to be included in a new collective bargaining
2agreement, either party, or the parties jointly, may petition the commission, in
3writing, to initiate compulsory, final and binding arbitration, as provided in this
4paragraph. At the time the petition is filed, the petitioning party shall submit in
5writing to the other party and the commission its preliminary final offer containing
6its latest proposals on all issues in dispute. Within 14 calendar days after the date
7of that submission, the other party shall submit in writing its preliminary final offer
8on all disputed issues to the petitioning party and the commission. If a petition is
9filed jointly, both parties shall exchange their preliminary final offers in writing and
10submit copies to the commission at the time the petition is filed.
AB75-ASA1, s. 2229
11Section
2229. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
AB75-ASA1,1195,512
111.70
(4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
13commission shall make an investigation, with or without a formal hearing, to
14determine whether arbitration should be commenced. If in determining whether an
15impasse exists the commission finds that the procedures set forth in this paragraph
16have not been complied with and such compliance would tend to result in a
17settlement, it may order such compliance before ordering arbitration. The validity
18of any arbitration award or collective bargaining agreement shall not be affected by
19failure to comply with such procedures. Prior to the close of the investigation each
20party shall submit in writing to the commission its single final offer containing its
21final proposals on all issues in dispute that are subject to interest arbitration under
22this subdivision
or under subd. 5s. in collective bargaining units to which subd. 5s.
23applies. If a party fails to submit a single, ultimate final offer, the commission shall
24close the investigation based on the last written position of the party.
The municipal
25employer may not submit a qualified economic offer under subd. 5s. after the close
1of the investigation. Such final offers may include only mandatory subjects of
2bargaining, except that a permissive subject of bargaining may be included by a
3party if the other party does not object and shall then be treated as a mandatory
4subject. No later than such time, the parties shall also submit to the commission a
5stipulation, in writing, with respect to all matters which are agreed upon for
6inclusion in the new or amended collective bargaining agreement. The commission,
7after receiving a report from its investigator and determining that arbitration should
8be commenced, shall issue an order requiring arbitration and immediately submit
9to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
10alternately strike names until a single name is left, who shall be appointed as
11arbitrator. The petitioning party shall notify the commission in writing of the
12identity of the arbitrator selected. Upon receipt of such notice, the commission shall
13formally appoint the arbitrator and submit to him or her the final offers of the
14parties. The final offers shall be considered public documents and shall be available
15from the commission. In lieu of a single arbitrator and upon request of both parties,
16the commission shall appoint a tripartite arbitration panel consisting of one member
17selected by each of the parties and a neutral person designated by the commission
18who shall serve as a chairperson. An arbitration panel has the same powers and
19duties as provided in this section for any other appointed arbitrator, and all
20arbitration decisions by such panel shall be determined by majority vote. In lieu of
21selection of the arbitrator by the parties and upon request of both parties, the
22commission shall establish a procedure for randomly selecting names of arbitrators.
23Under the procedure, the commission shall submit a list of 7 arbitrators to the
24parties. Each party shall strike one name from the list. From the remaining 5
25names, the commission shall randomly appoint an arbitrator. Unless both parties
1to an arbitration proceeding otherwise agree in writing, every individual whose
2name is submitted by the commission for appointment as an arbitrator shall be a
3resident of this state at the time of submission and every individual who is
4designated as an arbitration panel chairperson shall be a resident of this state at the
5time of designation.
AB75-ASA1,1195,157
111.70
(4) (cm) 7. `Factor given greatest weight.' In making any decision under
8the arbitration procedures authorized by this paragraph,
except for any decision
9involving a collective bargaining unit consisting of school district employees, the
10arbitrator or arbitration panel shall consider and shall give the greatest weight to
11any state law or directive lawfully issued by a state legislative or administrative
12officer, body or agency which places limitations on expenditures that may be made
13or revenues that may be collected by a municipal employer. The arbitrator or
14arbitration panel shall give an accounting of the consideration of this factor in the
15arbitrator's or panel's decision.
AB75-ASA1, s. 2231
16Section
2231. 111.70 (4) (cm) 7g. of the statutes is amended to read:
AB75-ASA1,1195,2217
111.70
(4) (cm) 7g. `Factor given greater weight.' In making any decision under
18the arbitration procedures authorized by this paragraph,
except for any decision
19involving a collective bargaining unit consisting of school district employees, the
20arbitrator or arbitration panel shall consider and shall give greater weight to
21economic conditions in the jurisdiction of the municipal employer than to any of the
22factors specified in subd. 7r.
AB75-ASA1, s. 2232
23Section
2232. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:
AB75-ASA1,1196,3
1111.70
(4) (cm) 7r. (intro.) `Other factors considered.' In making any decision
2under the arbitration procedures authorized by this paragraph, the arbitrator or
3arbitration panel shall
also give weight to the following factors:
AB75-ASA1, s. 2233
4Section
2233. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
5renumbered 111.70 (4) (cm) 8m. and amended to read:
AB75-ASA1,1196,216
111.70
(4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
7the initial collective bargaining agreement between the parties and except as the
8parties otherwise agree, every collective bargaining agreement covering municipal
9employees subject to this paragraph
other than school district professional
10employees shall be for a term of 2 years
. No, but in no case may a collective
11bargaining agreement for any collective bargaining unit consisting of municipal
12employees subject to this paragraph other than school district
professional
13employees
shall be for a term exceeding 3 years
. c. nor may a collective bargaining
14agreement for any collective bargaining unit consisting of school district employees
15subject to this paragraph be for a term exceeding 4 years. No arbitration award may
16contain a provision for reopening of negotiations during the term of a collective
17bargaining agreement, unless both parties agree to such a provision. The
18requirement for agreement by both parties does not apply to a provision for
19reopening of negotiations with respect to any portion of an agreement that is
20declared invalid by a court or administrative agency or rendered invalid by the
21enactment of a law or promulgation of a federal regulation.