Amendment ASA1-AB75

AB75-ASA1, s. 2242m Section 2242m. 111.81 (17m) of the statutes is created to read:

AB75-ASA1,1199,17 111.81 (17m) "Research assistant" means a graduate student enrolled in the University of Wisconsin System who is assigned to conduct research under the supervision of a member of the faculty or academic staff, as defined in s. 36.05 (1) or (8), and includes graduate students required to perform these responsibilities in order to attain a graduate degree.

AB75-ASA1, s. 2242r Section 2242r. 111.81 (19m) of the statutes is amended to read:

AB75-ASA1,1199,24 111.81 (19m) "Teaching assistant" means a graduate student enrolled in the University of Wisconsin System who is regularly assigned teaching and related responsibilities, other than manual or clerical responsibilities, under the supervision of a member of the faculty as defined in s. 36.05 (8), and includes graduate students required to perform these responsibilities in order to attain a graduate degree.

AB75-ASA1, s. 2243 Section 2243. 111.815 (1) and (2) of the statutes are amended to read:

AB75-ASA1,1201,2 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g), shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m) and, (2) (f), and (2g), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

AB75-ASA1,1201,9 (2) In the furtherance of the policy under s. 111.80 (4), the director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1m), and (2) (f), and (2g). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

AB75-ASA1, s. 2243e Section 2243e. 111.825 (2) (a) of the statutes is amended to read:

AB75-ASA1,1201,12 111.825 (2) (a) The program, project, research, and teaching assistants of the University of Wisconsin-Madison and the University of Wisconsin-Extension.

AB75-ASA1, s. 2243f Section 2243f. 111.825 (2) (b) of the statutes is amended to read:

AB75-ASA1,1201,15 111.825 (2) (b) The program, project, research, and teaching assistants of the University of Wisconsin-Milwaukee.

AB75-ASA1, s. 2243g Section 2243g. 111.825 (2) (c) of the statutes is amended to read:

AB75-ASA1,1201,19 111.825 (2) (c) The program, project, research, and teaching assistants of the Universities of Wisconsin-Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater.

AB75-ASA1, s. 2244 Section 2244. 111.825 (2g) of the statutes is created to read:

AB75-ASA1,1201,22 111.825 (2g) A collective bargaining unit for employees who are home care providers shall be structured as a single statewide collective bargaining unit.

AB75-ASA1, s. 2245 Section 2245. 111.825 (3) of the statutes is amended to read:

AB75-ASA1,1201,25 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1m) and, (2), and (2g).

AB75-ASA1, s. 2246 Section 2246. 111.825 (4) of the statutes is amended to read:

AB75-ASA1,1202,9 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1), (1m) or, (2), or (2g) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.

AB75-ASA1, s. 2247 Section 2247. 111.83 (1) of the statutes is amended to read:

AB75-ASA1,1202,21 111.83 (1) Except as provided in sub. subs. (5) and (5m), a representative chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with said employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

AB75-ASA1, s. 2248 Section 2248. 111.83 (5m) of the statutes is created to read:

AB75-ASA1,1202,24 111.83 (5m) (a) This subsection applies only to a collective bargaining unit specified in s. 111.825 (2g).

AB75-ASA1,1203,3 (am) 1. Subject to subd. 2., the department of health services shall provide a labor organization with the list of home care providers provided to the department of health services under s. 52.20 (5) if any of the following apply:

AB75-ASA1,1203,6 a. The labor organization demonstrates a showing of interest of at least 3 percent of home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by that labor organization.

AB75-ASA1,1203,8 b. The labor organization is a certified representative of any home care providers in this state.

AB75-ASA1,1203,11 c. The labor organization was a certified representative of any home care providers in this state prior to the effective date of this subdivision paragraph .... [LRB inserts date].

AB75-ASA1,1203,14 2. A labor organization shall agree to use any list it receives under subd. 1. only for communicating with home care providers concerning the exercise of their rights under s. 111.82 and shall agree to keep the list confidential.

AB75-ASA1,1203,25 (b) Upon the filing of a petition with the commission indicating a showing of interest of at least 30 percent of the home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to change the existing representative, the commission shall hold an election in which the home care providers may vote on the question of representation. The labor organization named in the petition shall be included on the ballot. Within 60 days of the time that the petition is filed, another petition may be filed with the commission indicating a showing of interest of at least 10 percent of the home care providers who are included in the collective bargaining unit under s. 111.825 (2g) to be represented by another labor organization, in which case the name of that labor organization shall also be included on the ballot.

AB75-ASA1,1204,6 (c) If at an election held under par. (b), a majority of home care providers voting in the collective bargaining unit vote for a single labor organization, the labor organization shall be the exclusive representative for all home care providers in that collective bargaining unit. If no single labor organization receives a majority of the votes cast, the commission may hold one or more runoff elections under sub. (4) until one labor organization receives a majority of the votes cast.

AB75-ASA1, s. 2249 Section 2249. 111.84 (2) (c) of the statutes is amended to read:

AB75-ASA1,1204,15 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (b) to (f) (g) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB75-ASA1, s. 2250 Section 2250. 111.905 of the statutes is created to read:

AB75-ASA1,1204,19 111.905 Rights of consumer. (1) This subchapter does not interfere with the rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise, or discipline home care providers or to set conditions and duties of employment.

AB75-ASA1,1204,21 (2) A home care provider is an at will provider of home care services to a consumer and this subchapter does not interfere with that relationship.

AB75-ASA1, s. 2251 Section 2251. 111.91 (1) (cg) of the statutes is created to read:

AB75-ASA1,1204,25 111.91 (1) (cg) The representative of home care providers in the collective bargaining unit specified under s. 118.825 (2g) may not bargain collectively with respect to any matter other than wages and fringe benefits.

AB75-ASA1, s. 2251w Section 2251w. 111.91 (2) (n) of the statutes, as affected by 2009 Wisconsin Act 14, is amended to read:

AB75-ASA1,1205,4 111.91 (2) (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14) and, (16), and (17).

AB75-ASA1, s. 2252 Section 2252. 111.91 (2) (nm) of the statutes is amended to read:

AB75-ASA1,1205,8 111.91 (2) (nm) The requirements related to providing coverage for a dependent under s. 632.895 (14m) and to continuing coverage for a dependent student on a medical leave of absence under s. 632.895 (15).

AB75-ASA1, s. 2252m Section 2252m. 111.91 (2) (t) of the statutes is created to read:

AB75-ASA1,1205,12 111.91 (2) (t) The requirement to make retention payments to assistant state public defenders under s. 977.10 (2) and the requirement to make retention payments to assistant district attorneys under s. 978.12 (7) (b).

AB75-ASA1, s. 2253 Section 2253. 111.91 (2c) of the statutes is created to read:

AB75-ASA1,1205,16 111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer is prohibited from bargaining with a collective bargaining unit formed under s. 111.825 (2g) on any of the following:

AB75-ASA1,1205,17 (a) Policies.

AB75-ASA1,1205,18 (b) Work rules.

AB75-ASA1,1205,19 (c) Hours of employment.

AB75-ASA1,1205,20 (d) Any right of the consumer under s. 111.905.

AB75-ASA1, s. 2254 Section 2254. 111.92 (1) (a) of the statutes is amended to read:

AB75-ASA1,1206,19 111.92 (1) (a) Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or, (2) (a) to (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB75-ASA1, s. 2254g Section 2254g. 111.92 (2m) of the statutes is created to read:

AB75-ASA1,1206,22 111.92 (2m) A collective bargaining agreement entered into by a collective bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2011.

AB75-ASA1, s. 2255 Section 2255. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is created to read:

AB75-ASA1,1206,25 CHAPTER 111

AB75-ASA1,1206,26 Subchapter VI

AB75-ASA1,1207,4 University of Wisconsin system faculty and academic staff labor relations

AB75-ASA1,1207,8 111.95 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:

AB75-ASA1,1207,11 (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.

AB75-ASA1,1207,15 (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.

AB75-ASA1,1207,16 111.96 Definitions. In this subchapter:

AB75-ASA1,1207,19 (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.

AB75-ASA1,1207,20 (2) "Board" means the Board of Regents of the University of Wisconsin System.

AB75-ASA1,1208,3 (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.

AB75-ASA1,1208,4 (4) "Collective bargaining unit" means a unit established under s. 111.98 (1).

AB75-ASA1,1208,5 (5) "Commission" means the employment relations commission.

AB75-ASA1,1208,8 (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.

AB75-ASA1,1208,9 (7) "Employee" includes:

AB75-ASA1,1208,12 (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.

AB75-ASA1,1208,15 (b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.

AB75-ASA1,1208,16 (8) "Employer" means the state of Wisconsin.

AB75-ASA1,1208,18 (9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual holding an appointment under s. 36.15.

AB75-ASA1,1208,23 (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.

AB75-ASA1,1208,24 (11) "Institution" has the meaning given in s. 36.05 (9).

AB75-ASA1,1209,2 (12) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.

AB75-ASA1,1209,6 (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:

AB75-ASA1,1209,8 (a) Advocates the overthrow of the constitutional form of government in the United States.

AB75-ASA1,1209,10 (b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.

AB75-ASA1,1209,17 (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.

AB75-ASA1,1209,19 (15) "Management employees" include those personnel engaged predominately in executive and managerial functions.

AB75-ASA1,1209,21 (16) "Office" means the office of state employment relations in the department of administration.

AB75-ASA1,1210,2 (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 agreement or to terminate a fair-share agreement.

AB75-ASA1,1210,4 (18) "Representative" includes any person chosen by an employee to represent the employee.

AB75-ASA1,1210,8 (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.

AB75-ASA1,1210,14 (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.

AB75-ASA1,1210,16 (21) "Unfair labor practice" means any unfair labor practice specified in s. 111.991.

AB75-ASA1,1210,24 111.965 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 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.

AB75-ASA1,1211,3 (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.

AB75-ASA1,1211,9 111.97 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.