AB75,1197,127
103.165
(3) (c) The amount of the cash bond, together with principal and
8interest, to which the deceased employee would have been entitled had the deceased
9employee lived, shall, as soon as paid out by the depository, be turned over to the
10relative of the deceased employee person designated under par. (a) effecting the
11accounting and withdrawal with the employer. The turning over shall be a discharge
12and release of the employer to the amount of the payment.
AB75, s. 2186
13Section
2186. 103.165 (3) (d) of the statutes is amended to read:
AB75,1197,1914
103.165
(3) (d) If no
relatives persons designated under par. (a) survive, the
15employer may apply the cash bond, or so much of the cash bond as may be necessary,
16to paying creditors of the decedent in the order of preference prescribed in s. 859.25
17for satisfaction of debts by personal representatives. The making of payment under
18this paragraph shall be a discharge and release of the employer to the amount of the
19payment.
AB75, s. 2187
20Section
2187. 103.49 (1) (bm) of the statutes is repealed.
AB75, s. 2188
21Section
2188. 103.49 (1) (e) of the statutes is repealed.
AB75, s. 2189
22Section
2189. 103.49 (3) (ar) of the statutes is amended to read:
AB75,1198,323
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am), the
24department may not use data from projects that are subject to this section, s. 66.0903,
2566.0904, 103.50
, or 229.8275 or
40 USC 276a 3142 unless the department determines
1that there is insufficient wage data in the area to determine those prevailing wage
2rates, in which case the department may use data from projects that are subject to
3this section, s. 66.0903,
66.0904, 103.50
, or 229.8275 or
40 USC 276a 3142.
AB75, s. 2190
4Section
2190. 103.49 (3g) of the statutes is amended to read:
AB75,1198,105
103.49
(3g) Nonapplicability. This section does not apply to any
single-trade 6public works project for which the estimated project cost of completion is less than
7$30,000 or an amount determined by the department under s. 66.0903 (5) or to any
8multiple-trade public works project for which the estimated project cost of
9completion is less than $150,000 or an amount determined by the department under
10s. 66.0903 (5) $2,000.
AB75, s. 2191
11Section
2191. 103.49 (5) (a) of the statutes is amended to read:
AB75,1198,2112
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
13agent performing work on a project that is subject to this section shall keep full and
14accurate records clearly indicating the name and trade or occupation of every person
15performing the work described in sub. (2m) and an accurate record of the number of
16hours worked by each of those persons and the actual wages paid for the hours
17worked.
By no later than the end of the week following a week in which a contractor,
18subcontractor, or contractor's or subcontractor's agent performs work on a project
19that is subject to this section, the contractor, subcontractor, or agent shall submit to
20the state agency authorizing the work a certified record of the information specified
21in the preceding sentence for that preceding week.
AB75, s. 2192
22Section
2192. 103.49 (5) (c) of the statutes is amended to read:
AB75,1199,1623
103.49
(5) (c) If requested by any person, the department shall inspect the
24payroll records of any contractor, subcontractor
, or agent performing work on a
25project that is subject to this section to ensure compliance with this section.
If In the
1case of a request made by a person performing the work specified in sub. (2m), if the
2department finds that the contractor, subcontractor
, or agent subject to the
3inspection is
found to be in compliance and
if the person making the request is a
4person performing the work specified in sub. (2m) that the request is frivolous, the
5department shall charge the person making the request the actual cost of the
6inspection.
If In the case of a request made by a person not performing the work
7specified in sub. (2m), if the department finds that the contractor, subcontractor
, or
8agent subject to the inspection is
found to be in compliance and
if the person making
9the request is not a person performing the work specified in sub. (2m) that the
10request is frivolous, the department shall charge the person making the request $250
11or the actual cost of the inspection, whichever is greater.
In order to find that a
12request is frivolous, the department must find that the person making the request
13made the request in bad faith, solely for the purpose of harassing or maliciously
14injuring the contractor, subcontractor, or agent subject to the inspection, or that the
15person making the request knew, or should have known, that there was no
16reasonable basis for believing that a violation of this section had been committed.
AB75, s. 2193
17Section
2193. 103.49 (6m) (d) of the statutes is amended to read:
AB75,1199,2318
103.49
(6m) (d) Whoever induces any person who seeks to be or is employed
19on any project that is subject to this section to permit any part of the wages to which
20the person is entitled under the contract governing the project to be deducted from
21the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
22be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that
23is subject to
40 USC 276c 3142.
AB75, s. 2194
24Section
2194. 103.49 (6m) (e) of the statutes is amended to read:
AB75,1200,6
1103.49
(6m) (e) Any person employed on a project that is subject to this section
2who knowingly permits any part of the wages to which he or she is entitled under the
3contract governing the project to be deducted from his or her pay is guilty of an
4offense under s. 946.15 (4), unless the deduction would be permitted under
29 CFR
53.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c 63142.
AB75, s. 2195
7Section
2195. 103.50 (2) of the statutes is amended to read:
AB75,1200,198
103.50
(2) Prevailing wage rates and hours of labor. No person performing
9the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
10or other person performing any work on a project under a contract based on bids as
11provided in s. 84.06 (2)
, or under a contract utilizing the design-build procurement
12process under s. 84.06 (2m), to which the state is a party for the construction or
13improvement of any highway may be permitted to work a greater number of hours
14per day or per week than the prevailing hours of labor; nor may he or she be paid a
15lesser rate of wages than the prevailing wage rate in the area in which the work is
16to be done determined under sub. (3); except that any such person may be permitted
17or required to work more than such prevailing hours of labor per day and per week
18if he or she is paid for all hours worked in excess of the prevailing hours of labor at
19a rate of at least 1.5 times his or her hourly basic rate of pay.
AB75, s. 2196
20Section
2196. 103.50 (4m) of the statutes is amended to read:
AB75,1200,2321
103.50
(4m) Wage rate data. In determining prevailing wage rates for projects
22that are subject to this section, the department shall use data from projects that are
23subject to this section, s. 66.0903
, 66.0904, or 103.49 or
40 USC 276a 3142.
AB75, s. 2197
24Section
2197. 103.50 (7) (d) of the statutes is amended to read:
AB75,1201,6
1103.50
(7) (d) Whoever induces any person who seeks to be or is employed on
2any project that is subject to this section to permit any part of the wages to which the
3person is entitled under the contract governing the project to be deducted from the
4person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
5be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that
6is subject to
40 USC 276c 3142.
AB75, s. 2198
7Section
2198. 103.50 (7) (e) of the statutes is amended to read:
AB75,1201,138
103.50
(7) (e) Any person employed on a project that is subject to this section
9who knowingly permits any part of the wages to which he or she is entitled under the
10contract governing the project to be deducted from his or her pay is guilty of an
11offense under s. 946.15 (4), unless the deduction would be permitted under
29 CFR
123.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c 133142.
AB75, s. 2199
14Section
2199. 103.503 (title) of the statutes is amended to read:
AB75,1201,16
15103.503 (title)
Substance abuse prevention on public works and
16publicly funded projects.
AB75, s. 2200
17Section
2200. 103.503 (1) (a) of the statutes is amended to read:
AB75,1201,2218
103.503
(1) (a) "Accident" means an incident caused, contributed to, or
19otherwise involving an employee that resulted or could have resulted in death,
20personal injury, or property damage and that occurred while the employee was
21performing the work described in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a
22project.
AB75, s. 2201
23Section
2201. 103.503 (1) (c) of the statutes is amended to read:
AB75,1202,224
103.503
(1) (c) "Contracting agency" means a local governmental unit, as
25defined in s. 66.0903 (1) (d),
or a state agency, as defined in s. 103.49 (1) (f),
or an
1owner or developer under s. 66.0904 that has contracted for the performance of work
2on a project.
AB75, s. 2202
3Section
2202. 103.503 (1) (e) of the statutes is amended to read:
AB75,1202,64
103.503
(1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
5who performs the work described in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a
6project.
AB75, s. 2203
7Section
2203. 103.503 (1) (g) of the statutes is amended to read:
AB75,1202,108
103.503
(1) (g) "Project" mean a project of public works that is subject to s.
966.0903 or 103.49
or a publicly funded private construction project that is subject to
10s. 66.0904.
AB75, s. 2204
11Section
2204. 103.503 (2) of the statutes is amended to read:
AB75,1202,1812
103.503
(2) Substance abuse prohibited. No employee may use, possess,
13attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
14be under the influence of alcohol, while performing the work described in s. 66.0903
15(4)
, 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
16the influence of alcohol for purposes of this subsection if he or she has an alcohol
17concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
18(d).
AB75, s. 2205
19Section
2205. 103.503 (3) (a) 2. of the statutes is amended to read:
AB75,1203,220
103.503
(3) (a) 2. A requirement that employees performing the work described
21in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a project submit to random,
22reasonable suspicion, and post-accident drug and alcohol testing and to drug and
23alcohol testing before commencing work on a project, except that testing of an
24employee before commencing work on a project is not required if the employee has
1been participating in a random testing program during the 90 days preceding the
2date on which the employee commenced work on the project.
AB75, s. 2206
3Section
2206. 103.805 (1) of the statutes is amended to read:
AB75,1203,104
103.805
(1) The department shall fix and collect a reasonable fee
based on the
5cost of for the issuance of permits under ss. 103.25 and 103.71 and certificates of age
6under s. 103.75. The department may authorize the retention of the fees by the
7person designated to issue permits and certificates of age as compensation for the
8person's services if the person is not on the payroll of the division administering this
9chapter. The permit officer shall account for all fees collected as the department
10prescribes.
AB75, s. 2207
11Section
2207. 104.001 (3) (am) of the statutes is created to read:
AB75,1203,1512
104.001
(3) (am) The requirement that employees employed on a publicly
13funded private construction project for which a city, village, town, or county provides
14financial assistance, as defined in s. 66.0904 (1) (c), be paid at the prevailing wage
15rate, as defined in s. 66.0904 (1) (h), as required under s. 66.0904.
AB75, s. 2208
16Section
2208. 106.50 (6) (c) 4. of the statutes is amended to read:
AB75,1204,217
106.50
(6) (c) 4. If the department initially determines that there is no probable
18cause to believe that discrimination occurred as alleged in the complaint,
it may the
19department shall dismiss those allegations.
If the department dismisses those
20allegations, the order of dismissal is the final determination of the department,
21which may be appealed under par. (j). The department shall, by a notice to be served
22with the determination, notify the parties of the complainant's right to appeal the
23dismissal of the claim to the
secretary for a hearing on the issue by a hearing
24examiner circuit court under par. (j). Service of the determination shall be made by
25certified mail, return receipt requested.
If the hearing examiner determines that no
1probable cause exists, that determination is the final determination of the
2department and may be appealed under par. (j).
AB75, s. 2209
3Section
2209. 106.52 (4) (a) 4m. of the statutes is created to read:
AB75,1204,104
106.52
(4) (a) 4m. If the department finds no probable cause to believe that any
5act prohibited under sub. (3) has been or is being committed, the department shall
6dismiss the complaint. If the department dismisses the complaint, the order of
7dismissal is the final determination of the department, which may be appealed under
8par. (c). The department shall, by a notice to be served with the determination, notify
9the parties of the complainant's right to appeal the dismissal of the complaint to the
10circuit court under par. (c).
AB75, s. 2210
11Section
2210. 106.52 (4) (c) of the statutes is amended to read:
AB75,1204,2512
106.52
(4) (c)
Judicial review. Within 30 days after service upon all parties of
13an order of
the department under par. (a) 4m. or an order of the commission under
14par. (b), the respondent or complainant may appeal the order to the circuit court for
15the county in which the alleged act prohibited under sub. (3) took place by the filing
16of a petition for review.
The complainant appealing an order of the department shall
17receive a hearing on the issue of whether there is probable cause to believe that any
18act prohibited under sub. (3) has been or is being committed. The respondent or
19complainant
appealing an order of the commission shall receive a new trial on all
20issues relating to any alleged act prohibited under sub. (3) and a further right to a
21trial by jury, if so desired. The department of justice shall represent the
department
22or commission. In any such trial the burden shall be to prove an act prohibited under
23sub. (3) by a fair preponderance of the evidence. Costs in an amount not to exceed
24$100 plus actual disbursements for the attendance of witnesses may be taxed to the
25prevailing party on the appeal.
AB75, s. 2211
1Section
2211. 109.03 (3) (a) of the statutes is amended to read:
AB75,1205,52
109.03
(3) (a) In case of the death of an employee to whom wages are due, the
3full amount of the wages due shall upon demand be paid by the employer to the
4spouse,
domestic partner under ch. 770, children, or other dependent living with the
5employee at the time of death.
AB75, s. 2212
6Section
2212. 109.03 (3) (b) of the statutes is amended to read:
AB75,1205,117
109.03
(3) (b) An employer may, not less than 5 days after the death of an
8employee and before the filing of a petition or application for administration of the
9decedent's estate, make payments of the wage due the deceased employee to the
10spouse,
domestic partner under ch. 770, children, parents, or siblings of the decedent,
11giving preference in the order listed.
AB75, s. 2213
12Section
2213. 109.03 (3) (c) of the statutes is amended to read:
AB75,1205,1613
109.03
(3) (c) If none of the
relatives persons listed in par. (b) survives, the
14employer may apply the payment of the wage or so much of the wage as may be
15necessary to paying creditors of the decedent in the order of preference prescribed
16in s. 859.25 for satisfaction of debts by personal representatives.
AB75, s. 2214
17Section
2214. 109.09 (1) of the statutes is amended to read:
AB75,1206,1318
109.09
(1) The department shall investigate and attempt equitably to adjust
19controversies between employers and employees as to alleged wage claims. The
20department may receive and investigate any wage claim which is filed with the
21department, or received by the department under s. 109.10 (4), no later than 2 years
22after the date the wages are due. The department may, after receiving a wage claim,
23investigate any wages due from the employer against whom the claim is filed to any
24employee during the period commencing 2 years before the date the claim is filed.
25The department shall enforce this chapter and ss. 66.0903,
66.0904, 103.02, 103.49,
1103.82, 104.12
, and 229.8275. In pursuance of this duty, the department may sue the
2employer on behalf of the employee to collect any wage claim or wage deficiency and
3ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
4under s. 109.10, the department may refer such an action to the district attorney of
5the county in which the violation occurs for prosecution and collection and the
6district attorney shall commence an action in the circuit court having appropriate
7jurisdiction. Any number of wage claims or wage deficiencies against the same
8employer may be joined in a single proceeding, but the court may order separate
9trials or hearings. In actions that are referred to a district attorney under this
10subsection, any taxable costs recovered by the district attorney shall be paid into the
11general fund of the county in which the violation occurs and used by that county to
12meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
13of the district attorney who prosecuted the action.
AB75, s. 2215
14Section
2215. 110.06 (6) of the statutes is created to read:
AB75,1206,1815
110.06
(6) The rules under sub. (2) shall specify the fee to be charged by the
16department for an inspection under sub. (2). The department shall credit to the
17appropriation account under s. 20.395 (5) (ds) all fees collected for inspections of
18school buses under subs. (2).
AB75, s. 2216
19Section
2216. 110.07 (7) of the statutes is created to read:
AB75,1207,220
110.07
(7) If any state traffic officer assists in conducting an investigation or
21reconstruction of a traffic accident for which another enforcement agency is the lead
22law enforcement agency conducting the investigation or reconstruction, the state
23traffic patrol may charge the lead law enforcement agency for all services provided
24by the state traffic patrol in connection with the investigation or reconstruction. The
25department shall credit to the appropriation account under s. 20.395 (5) (du) all
1moneys received from charges to other law enforcement agencies under this
2subsection.
AB75, s. 2217
3Section
2217. 111.322 (2m) (c) of the statutes is amended to read:
AB75,1207,64
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
5under s. 66.0903,
66.0904, 103.49
, or 229.8275 or testifies or assists in any action or
6proceeding under s. 66.0903,
66.0904, 103.49
, or 229.8275.
AB75, s. 2218
7Section
2218. 111.39 (4) (bm) of the statutes is created to read:
AB75,1207,158
111.39
(4) (bm) If the department finds no probable cause to believe that any
9discrimination has been or is being committed, that unfair honesty testing has
10occurred or is occurring, or that unfair genetic testing has occurred or is occurring,
11the department shall dismiss the complaint. If the department dismisses the
12complaint, the order of dismissal is the final determination of the department, which
13may be appealed under s. 111.395. The department shall, by a notice to be served
14with the determination, notify the parties of the complainant's right to appeal the
15dismissal of the complaint to the circuit court under s. 111.395.
AB75, s. 2219
16Section
2219. 111.395 of the statutes is amended to read:
AB75,1207,24
17111.395 Judicial review. Findings and orders of the
department under s.
18111.39 (4) (bm) or of the commission under
this subchapter s. 111.39 (5) are subject
19to review under ch. 227. Orders of the commission shall have the same force as orders
20of the department under chs. 103 to 106 and may be enforced as provided in s.
21103.005 (11) and (12) or specifically by a suit in equity. In any enforcement action
22the merits of any order of the commission are not subject to judicial review. Upon
23such review, or in any enforcement action, the department of justice shall represent
24the
department or commission.
AB75, s. 2220
25Section
2220. 111.70 (1) (a) of the statutes is amended to read:
AB75,1208,23
1111.70
(1) (a) "Collective bargaining" means the performance of the mutual
2obligation of a municipal employer, through its officers and agents, and the
3representative of its municipal employees in a collective bargaining unit, to meet and
4confer at reasonable times, in good faith, with the intention of reaching an
5agreement, or to resolve questions arising under such an agreement, with respect to
6wages, hours and conditions of employment, and with respect to a requirement of the
7municipal employer for a municipal employee to perform law enforcement and fire
8fighting services under s. 61.66, except as provided in sub. (4) (m)
and (mc) and s.
940.81 (3) and except that a municipal employer shall not meet and confer with respect
10to any proposal to diminish or abridge the rights guaranteed to municipal employees
11under ch. 164. The duty to bargain, however, does not compel either party to agree
12to a proposal or require the making of a concession. Collective bargaining includes
13the reduction of any agreement reached to a written and signed document. The
14municipal employer shall not be required to bargain on subjects reserved to
15management and direction of the governmental unit except insofar as the manner
16of exercise of such functions affects the wages, hours and conditions of employment
17of the municipal employees in a collective bargaining unit. In creating this
18subchapter the legislature recognizes that the municipal employer must exercise its
19powers and responsibilities to act for the government and good order of the
20jurisdiction which it serves, its commercial benefit and the health, safety and welfare
21of the public to assure orderly operations and functions within its jurisdiction,
22subject to those rights secured to municipal employees by the constitutions of this
23state and of the United States and by this subchapter.
AB75, s. 2221
24Section
2221. 111.70 (1) (b) of the statutes is amended to read:
AB75,1209,4
1111.70
(1) (b) "Collective bargaining unit" means a unit consisting of municipal
2employees who are school district
professional employees or of municipal employees
3who are not school district
professional employees that is determined by the
4commission to be appropriate for the purpose of collective bargaining.
AB75, s. 2222
5Section
2222. 111.70 (1) (dm) of the statutes is repealed.
AB75, s. 2223
6Section
2223. 111.70 (1) (fm) of the statutes is repealed.
AB75, s. 2224
7Section
2224. 111.70 (1) (nc) of the statutes is repealed.
AB75, s. 2225
8Section
2225. 111.70 (1) (ne) of the statutes is amended to read:
AB75,1209,119
111.70
(1) (ne) "School district
professional employee" means a municipal
10employee
who is a professional employee and who is employed to perform services
11for a school district.
AB75, s. 2226
12Section
2226. 111.70 (4) (cm) 5. of the statutes is amended to read:
AB75,1209,2413
111.70
(4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
14other impasse resolution procedures provided in this paragraph, a municipal
15employer and labor organization may at any time, as a permissive subject of
16bargaining, agree in writing to a dispute settlement procedure, including
17authorization for a strike by municipal employees or binding interest arbitration,
18which is acceptable to the parties for resolving an impasse over terms of any
19collective bargaining agreement under this subchapter. A copy of such agreement
20shall be filed by the parties with the commission. If the parties agree to any form of
21binding interest arbitration, the arbitrator shall give weight to the factors
22enumerated under subds. 7.
, and 7g.
for a collective bargaining unit consisting of
23municipal employees who are not school district employees and
under subd. 7r.
for
24a collective bargaining unit consisting of municipal employees.
AB75, s. 2227
25Section
2227. 111.70 (4) (cm) 5s. of the statutes is repealed.
AB75, s. 2228
1Section
2228. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
AB75,1210,172
111.70
(4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one
3or more issues
, qualifying for interest arbitration under subd. 5s. in a collective
4bargaining unit to which subd. 5s. applies, has not been settled after a reasonable
5period of negotiation and after mediation by the commission under subd. 3. and other
6settlement procedures, if any, established by the parties have been exhausted, and
7the parties are deadlocked with respect to any dispute between them over wages,
8hours and conditions of employment to be included in a new collective bargaining
9agreement, either party, or the parties jointly, may petition the commission, in
10writing, to initiate compulsory, final and binding arbitration, as provided in this
11paragraph. At the time the petition is filed, the petitioning party shall submit in
12writing to the other party and the commission its preliminary final offer containing
13its latest proposals on all issues in dispute. Within 14 calendar days after the date
14of that submission, the other party shall submit in writing its preliminary final offer
15on all disputed issues to the petitioning party and the commission. If a petition is
16filed jointly, both parties shall exchange their preliminary final offers in writing and
17submit copies to the commission at the time the petition is filed.
AB75, s. 2229
18Section
2229. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
AB75,1212,1219
111.70
(4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
20commission shall make an investigation, with or without a formal hearing, to
21determine whether arbitration should be commenced. If in determining whether an
22impasse exists the commission finds that the procedures set forth in this paragraph
23have not been complied with and such compliance would tend to result in a
24settlement, it may order such compliance before ordering arbitration. The validity
25of any arbitration award or collective bargaining agreement shall not be affected by
1failure to comply with such procedures. Prior to the close of the investigation each
2party shall submit in writing to the commission its single final offer containing its
3final proposals on all issues in dispute that are subject to interest arbitration under
4this subdivision
or under subd. 5s. in collective bargaining units to which subd. 5s.
5applies. If a party fails to submit a single, ultimate final offer, the commission shall
6close the investigation based on the last written position of the party.
The municipal
7employer may not submit a qualified economic offer under subd. 5s. after the close
8of the investigation. Such final offers may include only mandatory subjects of
9bargaining, except that a permissive subject of bargaining may be included by a
10party if the other party does not object and shall then be treated as a mandatory
11subject. No later than such time, the parties shall also submit to the commission a
12stipulation, in writing, with respect to all matters which are agreed upon for
13inclusion in the new or amended collective bargaining agreement. The commission,
14after receiving a report from its investigator and determining that arbitration should
15be commenced, shall issue an order requiring arbitration and immediately submit
16to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
17alternately strike names until a single name is left, who shall be appointed as
18arbitrator. The petitioning party shall notify the commission in writing of the
19identity of the arbitrator selected. Upon receipt of such notice, the commission shall
20formally appoint the arbitrator and submit to him or her the final offers of the
21parties. The final offers shall be considered public documents and shall be available
22from the commission. In lieu of a single arbitrator and upon request of both parties,
23the commission shall appoint a tripartite arbitration panel consisting of one member
24selected by each of the parties and a neutral person designated by the commission
25who shall serve as a chairperson. An arbitration panel has the same powers and
1duties as provided in this section for any other appointed arbitrator, and all
2arbitration decisions by such panel shall be determined by majority vote. In lieu of
3selection of the arbitrator by the parties and upon request of both parties, the
4commission shall establish a procedure for randomly selecting names of arbitrators.
5Under the procedure, the commission shall submit a list of 7 arbitrators to the
6parties. Each party shall strike one name from the list. From the remaining 5
7names, the commission shall randomly appoint an arbitrator. Unless both parties
8to an arbitration proceeding otherwise agree in writing, every individual whose
9name is submitted by the commission for appointment as an arbitrator shall be a
10resident of this state at the time of submission and every individual who is
11designated as an arbitration panel chairperson shall be a resident of this state at the
12time of designation.
AB75, s. 2230
13Section
2230. 111.70 (4) (cm) 7. of the statutes is amended to read:
AB75,1212,2214
111.70
(4) (cm) 7. `Factor given greatest weight.' In making any decision under
15the arbitration procedures authorized by this paragraph,
except for any decision
16involving a collective bargaining unit consisting of school district employees, the
17arbitrator or arbitration panel shall consider and shall give the greatest weight to
18any state law or directive lawfully issued by a state legislative or administrative
19officer, body or agency which places limitations on expenditures that may be made
20or revenues that may be collected by a municipal employer. The arbitrator or
21arbitration panel shall give an accounting of the consideration of this factor in the
22arbitrator's or panel's decision.
AB75, s. 2231
23Section
2231. 111.70 (4) (cm) 7g. of the statutes is amended to read:
AB75,1213,424
111.70
(4) (cm) 7g. `Factor given greater weight.' In making any decision under
25the arbitration procedures authorized by this paragraph,
except for any decision
1involving a collective bargaining unit consisting of school district employees, the
2arbitrator or arbitration panel shall consider and shall give greater weight to
3economic conditions in the jurisdiction of the municipal employer than to any of the
4factors specified in subd. 7r.
AB75, s. 2232
5Section
2232. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:
AB75,1213,86
111.70
(4) (cm) 7r. (intro.) `Other factors considered.' In making any decision
7under the arbitration procedures authorized by this paragraph, the arbitrator or
8arbitration panel shall
also give weight to the following factors: