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:
AB75, s. 2233
9Section
2233. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
10renumbered 111.70 (4) (cm) 8m. and amended to read:
AB75,1214,211
111.70
(4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
12the initial collective bargaining agreement between the parties and except as the
13parties otherwise agree, every collective bargaining agreement covering municipal
14employees subject to this paragraph
other than school district professional
15employees shall be for a term of 2 years
. No, but in no case may a collective
16bargaining agreement for any collective bargaining unit consisting of municipal
17employees subject to this paragraph other than school district
professional
18employees
shall be for a term exceeding 3 years
. c. nor may a collective bargaining
19agreement for any collective bargaining unit consisting of school district employees
20subject to this paragraph be for a term exceeding 4 years. No arbitration award may
21contain a provision for reopening of negotiations during the term of a collective
22bargaining agreement, unless both parties agree to such a provision. The
23requirement for agreement by both parties does not apply to a provision for
24reopening of negotiations with respect to any portion of an agreement that is
1declared invalid by a court or administrative agency or rendered invalid by the
2enactment of a law or promulgation of a federal regulation.
AB75, s. 2234
3Section
2234. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
AB75, s. 2235
4Section
2235. 111.70 (4) (cm) 8p. of the statutes is repealed.
AB75, s. 2236
5Section
2236. 111.70 (4) (cm) 8s. of the statutes is repealed.
AB75, s. 2237
6Section
2237. 111.70 (4) (cn) of the statutes is repealed.
AB75, s. 2238
7Section
2238. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB75,1215,148
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
9bargaining unit for the purpose of collective bargaining and shall whenever possible,
10unless otherwise required under this subchapter, avoid fragmentation by
11maintaining as few collective bargaining units as practicable in keeping with the size
12of the total municipal
work force workforce. In making such a determination, the
13commission may decide whether, in a particular case, the municipal employees in the
14same or several departments, divisions, institutions, crafts, professions
, or other
15occupational groupings constitute a collective bargaining unit. Before making its
16determination, the commission may provide an opportunity for the municipal
17employees concerned to determine, by secret ballot, whether
or not they desire to be
18established as a separate collective bargaining unit.
The commission shall not
19decide, however, that any group of municipal employees constitutes an appropriate
20collective bargaining unit if the group includes both municipal employees who are
21school district professional employees and municipal employees who are not school
22district professional employees. The commission shall not decide
, however, that any
23other group of municipal employees constitutes an appropriate collective bargaining
24unit if the group includes both professional employees and nonprofessional
25employees, unless a majority of the professional employees vote for inclusion in the
1unit. The commission shall not decide that any group of municipal employees
2constitutes an appropriate collective bargaining unit if the group includes both craft
3employees and noncraft employees unless a majority of the craft employees vote for
4inclusion in the unit. The commission shall place the professional employees who are
5assigned to perform any services at a charter school, as defined in s. 115.001 (1), in
6a separate collective bargaining unit from a unit that includes any other professional
7employees whenever at least 30% of those professional employees request an election
8to be held to determine that issue and a majority of the professional employees at the
9charter school who cast votes in the election decide to be represented in a separate
10collective bargaining unit.
Upon the expiration of any collective bargaining
11agreement in force, the commission shall combine into a single collective bargaining
12unit 2 or more collective bargaining units consisting of school district employees if
13a majority of the employees voting in each collective bargaining unit vote to combine. 14Any vote taken under this subsection shall be by secret ballot.
AB75, s. 2239
15Section
2239. 111.70 (4) (m) 6. of the statutes is amended to read:
AB75,1215,1716
111.70
(4) (m) 6. Solicitation of sealed bids for the provision of group health care
17benefits for school district
professional employees as provided in s. 120.12 (24).
AB75, s. 2240
18Section
2240. 111.81 (3h) of the statutes is created to read:
AB75,1215,2019
111.81
(3h) "Consumer" means a person meeting all the criteria under s.
2046.2898 (3).
AB75, s. 2241
21Section
2241. 111.81 (7) (g) of the statutes is created to read:
AB75,1215,2422
111.81
(7) (g) For purposes of this subchapter only, home care providers. This
23paragraph does not make home care providers state employees for any other purpose
24except collective bargaining.
AB75, s. 2242
25Section
2242. 111.81 (9k) of the statutes is created to read:
AB75,1216,2
1111.81
(9k) "Home care provider" means a qualified provider under s. 46.2898
2(1) (d).
AB75, s. 2243
3Section
2243. 111.815 (1) and (2) of the statutes are amended to read:
AB75,1217,44
111.815
(1) In the furtherance of this subchapter, the state shall be considered
5as a single employer and employment relations policies and practices throughout the
6state service shall be as consistent as practicable. The office shall negotiate and
7administer collective bargaining agreements
except that the department of health
8services, subject to the approval of the federal centers for medicare and medicaid
9services, shall negotiate and administer collective bargaining agreements entered
10into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the
11employer position in the negotiation of agreements, the office
, or the department of
12health services with regard to collective bargaining agreements entered into with the
13collective bargaining unit specified in s. 111.825 (2g), shall maintain close liaison
14with the legislature relative to the negotiation of agreements and the fiscal
15ramifications of those agreements. Except with respect to the collective bargaining
16units specified in s. 111.825 (1m)
and, (2) (f)
, and (2g), the office is responsible for the
17employer functions of the executive branch under this subchapter, and shall
18coordinate its collective bargaining activities with operating state agencies on
19matters of agency concern. The legislative branch shall act upon those portions of
20tentative agreements negotiated by the office that require legislative action. With
21respect to the collective bargaining units specified in s. 111.825 (1m), the University
22of Wisconsin Hospitals and Clinics Board is responsible for the employer functions
23under this subchapter. With respect to the collective bargaining unit specified in s.
24111.825 (2) (f), the governing board of the charter school established by contract
25under s. 118.40 (2r) (cm) is responsible for the employer functions under this
1subchapter.
With respect to the collective bargaining unit specified in s. 111.825 (2g),
2the department of health services, subject to the approval of the federal centers for
3medicare and medicaid services, is responsible for the employer functions of the
4executive branch under this subchapter.
AB75,1217,11
5(2) In the furtherance of the policy under s. 111.80 (4), the director of the office
6shall, together with the appointing authorities or their representatives, represent
7the state in its responsibility as an employer under this subchapter except with
8respect to negotiations in the collective bargaining units specified in s. 111.825 (1m)
, 9and (2) (f)
, and (2g). The director of the office shall establish and maintain, wherever
10practicable, consistent employment relations policies and practices throughout the
11state service.
AB75, s. 2244
12Section
2244. 111.825 (2g) of the statutes is created to read:
AB75,1217,1413
111.825
(2g) A collective bargaining unit for employees who are home care
14providers shall be structured as a single statewide collective bargaining unit.
AB75, s. 2245
15Section
2245. 111.825 (3) of the statutes is amended to read:
AB75,1217,1716
111.825
(3) The commission shall assign employees to the appropriate
17collective bargaining units set forth in subs. (1), (1m)
and, (2)
, and (2g).
AB75, s. 2246
18Section
2246. 111.825 (4) of the statutes is amended to read:
AB75,1218,219
111.825
(4) Any labor organization may petition for recognition as the exclusive
20representative of a collective bargaining unit specified in sub. (1), (1m)
or, (2)
, or (2g) 21in accordance with the election procedures set forth in s. 111.83, provided the petition
22is accompanied by a 30% showing of interest in the form of signed authorization
23cards. Each additional labor organization seeking to appear on the ballot shall file
24petitions within 60 days of the date of filing of the original petition and prove,
1through signed authorization cards, that at least 10% of the employees in the
2collective bargaining unit want it to be their representative.
AB75, s. 2247
3Section
2247. 111.83 (1) of the statutes is amended to read: