AB75: Bill Text

AB75,1203,2 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on a project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB75, s. 2206 Section 2206. 103.805 (1) of the statutes is amended to read:

AB75,1203,10 103.805 (1) The department shall fix and collect a reasonable fee based on the cost of for the issuance of permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. The department may authorize the retention of the fees by the person designated to issue permits and certificates of age as compensation for the person's services if the person is not on the payroll of the division administering this chapter. The permit officer shall account for all fees collected as the department prescribes.

AB75, s. 2207 Section 2207. 104.001 (3) (am) of the statutes is created to read:

AB75,1203,15 104.001 (3) (am) The requirement that employees employed on a publicly funded private construction project for which a city, village, town, or county provides financial assistance, as defined in s. 66.0904 (1) (c), be paid at the prevailing wage rate, as defined in s. 66.0904 (1) (h), as required under s. 66.0904.

AB75, s. 2208 Section 2208. 106.50 (6) (c) 4. of the statutes is amended to read:

AB75,1204,2 106.50 (6) (c) 4. If the department initially determines that there is no probable cause to believe that discrimination occurred as alleged in the complaint, it may the department shall dismiss those allegations. If the department dismisses those allegations, the order of dismissal is the final determination of the department, which may be appealed under par. (j). The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the claim to the secretary for a hearing on the issue by a hearing examiner circuit court under par. (j). Service of the determination shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under par. (j).

AB75, s. 2209 Section 2209. 106.52 (4) (a) 4m. of the statutes is created to read:

AB75,1204,10 106.52 (4) (a) 4m. If the department finds no probable cause to believe that any act prohibited under sub. (3) has been or is being committed, the department shall dismiss the complaint. If the department dismisses the complaint, the order of dismissal is the final determination of the department, which may be appealed under par. (c). The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the complaint to the circuit court under par. (c).

AB75, s. 2210 Section 2210. 106.52 (4) (c) of the statutes is amended to read:

AB75,1204,25 106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of an order of the department under par. (a) 4m. or an order of the commission under par. (b), the respondent or complainant may appeal the order to the circuit court for the county in which the alleged act prohibited under sub. (3) took place by the filing of a petition for review. The complainant appealing an order of the department shall receive a hearing on the issue of whether there is probable cause to believe that any act prohibited under sub. (3) has been or is being committed. The respondent or complainant appealing an order of the commission shall receive a new trial on all issues relating to any alleged act prohibited under sub. (3) and a further right to a trial by jury, if so desired. The department of justice shall represent the department or commission. In any such trial the burden shall be to prove an act prohibited under sub. (3) by a fair preponderance of the evidence. Costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be taxed to the prevailing party on the appeal.

AB75, s. 2211 Section 2211. 109.03 (3) (a) of the statutes is amended to read:

AB75,1205,5 109.03 (3) (a) In case of the death of an employee to whom wages are due, the full amount of the wages due shall upon demand be paid by the employer to the spouse, domestic partner under ch. 770, children, or other dependent living with the employee at the time of death.

AB75, s. 2212 Section 2212. 109.03 (3) (b) of the statutes is amended to read:

AB75,1205,11 109.03 (3) (b) An employer may, not less than 5 days after the death of an employee and before the filing of a petition or application for administration of the decedent's estate, make payments of the wage due the deceased employee to the spouse, domestic partner under ch. 770, children, parents, or siblings of the decedent, giving preference in the order listed.

AB75, s. 2213 Section 2213. 109.03 (3) (c) of the statutes is amended to read:

AB75,1205,16 109.03 (3) (c) If none of the relatives persons listed in par. (b) survives, the employer may apply the payment of the wage or so much of the wage as may be necessary to paying creditors of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of debts by personal representatives.

AB75, s. 2214 Section 2214. 109.09 (1) of the statutes is amended to read:

AB75,1206,13 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49, 103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

AB75, s. 2215 Section 2215. 110.06 (6) of the statutes is created to read:

AB75,1206,18 110.06 (6) The rules under sub. (2) shall specify the fee to be charged by the department for an inspection under sub. (2). The department shall credit to the appropriation account under s. 20.395 (5) (ds) all fees collected for inspections of school buses under subs. (2).

AB75, s. 2216 Section 2216. 110.07 (7) of the statutes is created to read:

AB75,1207,2 110.07 (7) If any state traffic officer assists in conducting an investigation or reconstruction of a traffic accident for which another enforcement agency is the lead law enforcement agency conducting the investigation or reconstruction, the state traffic patrol may charge the lead law enforcement agency for all services provided by the state traffic patrol in connection with the investigation or reconstruction. The department shall credit to the appropriation account under s. 20.395 (5) (du) all moneys received from charges to other law enforcement agencies under this subsection.

AB75, s. 2217 Section 2217. 111.322 (2m) (c) of the statutes is amended to read:

AB75,1207,6 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.

AB75, s. 2218 Section 2218. 111.39 (4) (bm) of the statutes is created to read:

AB75,1207,15 111.39 (4) (bm) If the department finds no probable cause to believe that any discrimination has been or is being committed, that unfair honesty testing has occurred or is occurring, or that unfair genetic testing has occurred or is occurring, the department shall dismiss the complaint. If the department dismisses the complaint, the order of dismissal is the final determination of the department, which may be appealed under s. 111.395. The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the complaint to the circuit court under s. 111.395.

AB75, s. 2219 Section 2219. 111.395 of the statutes is amended to read:

AB75,1207,24 111.395 Judicial review. Findings and orders of the department under s. 111.39 (4) (bm) or of the commission under this subchapter s. 111.39 (5) are subject to review under ch. 227. Orders of the commission shall have the same force as orders of the department under chs. 103 to 106 and may be enforced as provided in s. 103.005 (11) and (12) or specifically by a suit in equity. In any enforcement action the merits of any order of the commission are not subject to judicial review. Upon such review, or in any enforcement action, the department of justice shall represent the department or commission.

AB75, s. 2220 Section 2220. 111.70 (1) (a) of the statutes is amended to read:

AB75,1208,23 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. 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. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB75, s. 2221 Section 2221. 111.70 (1) (b) of the statutes is amended to read:

AB75,1209,4 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.

AB75, s. 2222 Section 2222. 111.70 (1) (dm) of the statutes is repealed.

AB75, s. 2223 Section 2223. 111.70 (1) (fm) of the statutes is repealed.

AB75, s. 2224 Section 2224. 111.70 (1) (nc) of the statutes is repealed.

AB75, s. 2225 Section 2225. 111.70 (1) (ne) of the statutes is amended to read:

AB75,1209,11 111.70 (1) (ne) "School district professional employee" means a municipal employee who is a professional employee and who is employed to perform services for a school district.

AB75, s. 2226 Section 2226. 111.70 (4) (cm) 5. of the statutes is amended to read:

AB75,1209,24 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., and 7g. for a collective bargaining unit consisting of municipal employees who are not school district employees and under subd. 7r. for a collective bargaining unit consisting of municipal employees.

AB75, s. 2227 Section 2227. 111.70 (4) (cm) 5s. of the statutes is repealed.

AB75, s. 2228 Section 2228. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

AB75,1210,17 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.

AB75, s. 2229 Section 2229. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

AB75,1212,12 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

AB75, s. 2230 Section 2230. 111.70 (4) (cm) 7. of the statutes is amended to read:

AB75,1212,22 111.70 (4) (cm) 7. `Factor given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, except for any decision involving a collective bargaining unit consisting of school district employees, the arbitrator or arbitration panel shall consider and shall give the greatest weight to any state law or directive lawfully issued by a state legislative or administrative officer, body or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer. The arbitrator or arbitration panel shall give an accounting of the consideration of this factor in the arbitrator's or panel's decision.

AB75, s. 2231 Section 2231. 111.70 (4) (cm) 7g. of the statutes is amended to read:

AB75,1213,4 111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under the arbitration procedures authorized by this paragraph, except for any decision involving a collective bargaining unit consisting of school district employees, the arbitrator or arbitration panel shall consider and shall give greater weight to economic conditions in the jurisdiction of the municipal employer than to any of the factors specified in subd. 7r.

AB75, s. 2232 Section 2232. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:

AB75,1213,8 111.70 (4) (cm) 7r. (intro.) `Other factors considered.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:

AB75, s. 2233 Section 2233. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

AB75,1214,2 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years . c. nor may a collective bargaining agreement for any collective bargaining unit consisting of school district employees subject to this paragraph be for a term exceeding 4 years. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB75, s. 2234 Section 2234. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

AB75, s. 2235 Section 2235. 111.70 (4) (cm) 8p. of the statutes is repealed.

AB75, s. 2236 Section 2236. 111.70 (4) (cm) 8s. of the statutes is repealed.

AB75, s. 2237 Section 2237. 111.70 (4) (cn) of the statutes is repealed.

AB75, s. 2238 Section 2238. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB75,1215,14 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force workforce. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide , however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Upon the expiration of any collective bargaining agreement in force, the commission shall combine into a single collective bargaining unit 2 or more collective bargaining units consisting of school district employees if a majority of the employees voting in each collective bargaining unit vote to combine. Any vote taken under this subsection shall be by secret ballot.

AB75, s. 2239 Section 2239. 111.70 (4) (m) 6. of the statutes is amended to read:

AB75,1215,17 111.70 (4) (m) 6. Solicitation of sealed bids for the provision of group health care benefits for school district professional employees as provided in s. 120.12 (24).

AB75, s. 2240 Section 2240. 111.81 (3h) of the statutes is created to read:

AB75,1215,20 111.81 (3h) "Consumer" means a person meeting all the criteria under s. 46.2898 (3).

AB75, s. 2241 Section 2241. 111.81 (7) (g) of the statutes is created to read:

AB75,1215,24 111.81 (7) (g) For purposes of this subchapter only, home care providers. This paragraph does not make home care providers state employees for any other purpose except collective bargaining.

AB75, s. 2242 Section 2242. 111.81 (9k) of the statutes is created to read:

AB75,1216,2 111.81 (9k) "Home care provider" means a qualified provider under s. 46.2898 (1) (d).

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

AB75,1217,4 111.815 (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, 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, subject to the approval of the federal centers for medicare and medicaid services, is responsible for the employer functions of the executive branch under this subchapter.

AB75,1217,11 (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, s. 2244 Section 2244. 111.825 (2g) of the statutes is created to read:

AB75,1217,14 111.825 (2g) A collective bargaining unit for employees who are home care providers shall be structured as a single statewide collective bargaining unit.

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

AB75,1217,17 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1m) and, (2), and (2g).

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

AB75,1218,2 111.825 (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, s. 2247 Section 2247. 111.83 (1) of the statutes is amended to read:

AB75,1218,14 111.83 (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, s. 2248 Section 2248. 111.83 (5m) of the statutes is created to read:

AB75,1218,17 111.83 (5m) (a) This subsection applies only to a collective bargaining unit specified in s. 111.825 (2g).

AB75,1219,3 (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.

AB75,1219,9 (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, s. 2249 Section 2249. 111.84 (2) (c) of the statutes is amended to read:

AB75,1219,18 111.84 (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, s. 2250 Section 2250. 111.905 of the statutes is created to read:

AB75,1219,23 111.905 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 terms, conditions, and duties of employment.

AB75,1219,25 (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, s. 2251 Section 2251. 111.91 (1) (cg) of the statutes is created to read:

AB75,1220,4 111.91 (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.