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 of the statutes is repealed.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:
AB75,1218,144 111.83 (1) Except as provided in sub. subs. (5) and (5m), a representative
5chosen for the purposes of collective bargaining by a majority of the employees voting
6in a collective bargaining unit shall be the exclusive representative of all of the
7employees in such unit for the purposes of collective bargaining. Any individual
8employee, or any minority group of employees in any collective bargaining unit, may
9present grievances to the employer in person, or through representatives of their own
10choosing, and the employer shall confer with said employee or group of employees in
11relation thereto if the majority representative has been afforded the opportunity to
12be present at the conference. Any adjustment resulting from such a conference may
13not be inconsistent with the conditions of employment established by the majority
14representative and the employer.
AB75, s. 2248 15Section 2248. 111.83 (5m) of the statutes is created to read:
AB75,1218,1716 111.83 (5m) (a) This subsection applies only to a collective bargaining unit
17specified in s. 111.825 (2g).
AB75,1219,318 (b) Upon the filing of a petition with the commission indicating a showing of
19interest of at least 30 percent of the home care providers included in the collective
20bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to
21change the existing representative, the commission shall hold an election in which
22the home care providers may vote on the question of representation. The labor
23organization named in the petition shall be included on the ballot. Within 60 days
24of the time that the petition is filed, another petition may be filed with the
25commission indicating a showing of interest of at least 10 percent of the home care

1providers who are included in the collective bargaining unit under s. 111.825 (2g) to
2be represented by another labor organization, in which case the name of that labor
3organization shall also be included on the ballot.
AB75,1219,94 (c) If at an election held under par. (b), a majority of home care providers voting
5in the collective bargaining unit vote for a single labor organization, the labor
6organization shall be the exclusive representative for all home care providers in that
7collective bargaining unit. If no single labor organization receives a majority of the
8votes cast, the commission may hold one or more runoff elections under sub. (4) until
9one labor organization receives a majority of the votes cast.
AB75, s. 2249 10Section 2249. 111.84 (2) (c) of the statutes is amended to read:
AB75,1219,1811 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
12(1) with the duly authorized officer or agent of the employer which is the recognized
13or certified exclusive collective bargaining representative of employees specified in
14s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified
15exclusive collective bargaining representative of employees specified in s. 111.81 (7)
16(b) to (f) (g) in an appropriate collective bargaining unit. Such refusal to bargain shall
17include, but not be limited to, the refusal to execute a collective bargaining
18agreement previously orally agreed upon.
AB75, s. 2250 19Section 2250. 111.905 of the statutes is created to read:
AB75,1219,23 20111.905 Rights of consumer. (1) This subchapter does not interfere with the
21rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise,
22or discipline home care providers or to set terms, conditions, and duties of
23employment.
AB75,1219,25 24(2) A home care provider is an at will provider of home care services to a
25consumer and this subchapter does not interfere with that relationship.
AB75, s. 2251
1Section 2251. 111.91 (1) (cg) of the statutes is created to read:
AB75,1220,42 111.91 (1) (cg) The representative of home care providers in the collective
3bargaining unit specified under s. 118.825 (2g) may not bargain collectively with
4respect to any matter other than wages and fringe benefits.
AB75, s. 2252 5Section 2252. 111.91 (2) (nm) of the statutes is amended to read:
AB75,1220,86 111.91 (2) (nm) The requirements related to providing coverage for a dependent
7under s. 632.895 (14m) and to
continuing coverage for a dependent student on a
8medical leave of absence under s. 632.895 (15).
AB75, s. 2253 9Section 2253. 111.91 (2c) of the statutes is created to read:
AB75,1220,1210 111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer
11is prohibited from bargaining with a collective bargaining unit formed under s.
12111.825 (2g) on any of the following:
AB75,1220,1313 (a) Policies.
AB75,1220,1414 (b) Work rules.
AB75,1220,1515 (c) Hours of employment.
AB75,1220,1616 (d) Any right of the consumer under s. 111.905.
AB75, s. 2254 17Section 2254. 111.92 (1) (a) of the statutes is amended to read:
AB75,1221,1518 111.92 (1) (a) Any tentative agreement reached between the office, or, as
19provided in s. 111.815 (1), the department of health services, acting for the state, and
20any labor organization representing a collective bargaining unit specified in s.
21111.825 (1) or, (2) (a) to (e), or (2g) shall, after official ratification by the labor
22organization, be submitted by the office or department of health services to the joint
23committee on employment relations, which shall hold a public hearing before
24determining its approval or disapproval. If the committee approves the tentative
25agreement, it shall introduce in a bill or companion bills, to be put on the calendar

1or referred to the appropriate scheduling committee of each house, that portion of the
2tentative agreement which requires legislative action for implementation, such as
3salary and wage adjustments, changes in fringe benefits, and any proposed
4amendments, deletions or additions to existing law. Such bill or companion bills are
5not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may,
6however, submit suitable portions of the tentative agreement to appropriate
7legislative committees for advisory recommendations on the proposed terms. The
8committee shall accompany the introduction of such proposed legislation with a
9message that informs the legislature of the committee's concurrence with the
10matters under consideration and which recommends the passage of such legislation
11without change. If the joint committee on employment relations does not approve
12the tentative agreement, it shall be returned to the parties for renegotiation. If the
13legislature does not adopt without change that portion of the tentative agreement
14introduced by the joint committee on employment relations, the tentative agreement
15shall be returned to the parties for renegotiation.
AB75, s. 2255 16Section 2255. Subchapter VI of chapter 111 [precedes 111.95] of the statutes
17is created to read:
AB75,1221,1818 CHAPTER 111
AB75,1221,1919 Subchapter VI
AB75,1221,2220 University of Wisconsin system
21 faculty and academic staff
22 labor relations
AB75,1222,2 23111.95 Declaration of policy. The public policy of the state as to labor
24relations and collective bargaining involving faculty and academic staff at the

1University of Wisconsin System, in furtherance of which this subchapter is enacted,
2is as follows:
AB75,1222,5 3(1) The people of the state of Wisconsin have a fundamental interest in
4developing harmonious and cooperative labor relations within the University of
5Wisconsin System.
AB75,1222,9 6(2) It recognizes that there are 3 major interests involved: that of the public,
7that of the employee, and that of the employer. These 3 interests are to a considerable
8extent interrelated. It is the policy of this state to protect and promote each of these
9interests with due regard to the rights of the others.
AB75,1222,10 10111.96 Definitions. In this subchapter:
AB75,1222,13 11(1) "Academic staff" has the meaning given under s. 36.05 (1), but does not
12include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who
13is appointed to a visiting faculty position.
AB75,1222,14 14(2) "Board" means the Board of Regents of the University of Wisconsin System.
AB75,1222,22 15(3) "Collective bargaining" means the performance of the mutual obligation of
16the state as an employer, by its officers and agents, and the representatives of its
17employees, to meet and confer at reasonable times, in good faith, with respect to the
18subjects of bargaining provided in s. 111.998 with the intention of reaching an
19agreement, or to resolve questions arising under such an agreement. The duty to
20bargain, however, does not compel either party to agree to a proposal or require the
21making of a concession. Collective bargaining includes the reduction of any
22agreement reached to a written and signed document.
AB75,1222,23 23(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
AB75,1222,24 24(5) "Commission" means the employment relations commission.
AB75,1223,3
1(6) "Election" means a proceeding conducted by the commission in which the
2employees in a collective bargaining unit cast a secret ballot for collective bargaining
3representatives, or for any other purpose specified in this subchapter.
AB75,1223,4 4(7) "Employee" includes:
AB75,1223,75 (a) All faculty, including specifically faculty who are supervisors or
6management employees, but not including faculty holding a limited appointment
7under s. 36.17 or deans.
AB75,1223,108 (b) All academic staff, except for supervisors, management employees, and
9individuals who are privy to confidential matters affecting the employer-employee
10relationship.
AB75,1223,11 11(8) "Employer" means the state of Wisconsin.
AB75,1223,13 12(9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual
13holding an appointment under s. 36.15.
AB75,1223,18 14(10) "Fair-share agreement" means an agreement between the employer and
15a labor organization representing employees under which all of the employees in a
16collective bargaining unit are required to pay their proportionate share of the cost
17of the collective bargaining process and contract administration measured by the
18amount of dues uniformly required of all members.
AB75,1223,19 19(11) "Institution" has the meaning given in s. 36.05 (9).
AB75,1223,21 20(12) "Labor dispute" means any controversy with respect to the subjects of
21bargaining provided in this subchapter.
AB75,1223,25 22(13) "Labor organization" means any employee organization whose purpose is
23to represent employees in collective bargaining with the employer, or its agents, on
24matters pertaining to terms and conditions of employment, but does not include any
25organization that does any of the following:
AB75,1224,2
1(a) Advocates the overthrow of the constitutional form of government in the
2United States.
AB75,1224,43 (b) Discriminates with regard to the terms or conditions of membership
4because of race, color, creed, sex, age, sexual orientation, or national origin.
AB75,1224,11 5(14) "Maintenance of membership agreement" means an agreement between
6the employer and a labor organization representing employees that requires that all
7of the employees whose dues are being deducted from earnings under s. 20.921 (1)
8or 111.992 at or after the time the agreement takes effect shall continue to have dues
9deducted for the duration of the agreement and that dues shall be deducted from the
10earnings of all employees who are hired on or after the effective date of the
11agreement.
AB75,1224,13 12(15) "Management employees" include those personnel engaged
13predominately in executive and managerial functions.
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