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.
AB75,1224,15
14(16) "Office" means the office of state employment relations in the department
15of administration.
AB75,1224,20
16(17) "Referendum" means a proceeding conducted by the commission in which
17employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
18may cast a secret ballot on the question of directing the labor organization and the
19employer to enter into a fair-share or maintenance of membership agreement or to
20terminate such an agreement.
AB75,1224,22
21(18) "Representative" includes any person chosen by an employee to represent
22the employee.
AB75,1225,2
23(19) "Strike" includes any strike or other concerted stoppage of work by
24employees, any concerted slowdown or other concerted interruption of operations or
1services by employees, or any concerted refusal to work or perform their usual duties
2as employees of the state.
AB75,1225,8
3(20) "Supervisor" means any individual whose principal work is different from
4that of the individual's subordinates and who has authority, in the interest of the
5employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
6reward, or discipline employees, or to adjust their grievances, or to authoritatively
7recommend such action, if the individual's exercise of such authority is not of a
8merely routine or clerical nature, but requires the use of independent judgment.
AB75,1225,10
9(21) "Unfair labor practice" means any unfair labor practice specified in s.
10111.991.
AB75,1225,18
11111.965 Duties of the state. (1) In the furtherance of this subchapter, the
12state shall be considered as a single employer. The board shall negotiate and
13administer collective bargaining agreements. To coordinate the employer position
14in the negotiation of agreements, the board shall maintain close liaison with the
15office relative to the negotiation of agreements and the fiscal ramifications of those
16agreements. The board shall coordinate its collective bargaining activities with the
17office. The legislative branch shall act upon those portions of tentative agreements
18negotiated by the board that require legislative action.
AB75,1225,21
19(2) The board shall establish a collective bargaining capacity and shall
20represent the state in its responsibility as an employer under this subchapter. The
21board shall coordinate its actions with the director of the office.
AB75,1226,2
22111.97 Rights of employees. Employees shall have the right of
23self-organization and the right to form, join, or assist labor organizations, to bargain
24collectively through representatives of their own choosing under this subchapter,
25and to engage in lawful, concerted activities for the purpose of collective bargaining
1or other mutual aid or protection. Employees shall also have the right to refrain from
2any such activities.
AB75,1226,5
3111.98 Collective bargaining units.
(1) Collective bargaining units for
4faculty and staff in the unclassified service of the state shall be structured with a
5collective bargaining unit for each of the following groups:
AB75,1226,66
(a) Faculty of the University of Wisconsin-Madison.
AB75,1226,77
(b) Faculty of the University of Wisconsin-Milwaukee.
AB75,1226,88
(c) Faculty of all of the following groups:
AB75,1226,99
1. The University of Wisconsin-Extension.
AB75,1226,1010
2. The University of Wisconsin-Eau Claire.
AB75,1226,1111
3. The University of Wisconsin-Green Bay.
AB75,1226,1212
4. The University of Wisconsin-La Crosse.
AB75,1226,1313
5. The University of Wisconsin-Oshkosh.
AB75,1226,1414
6. The University of Wisconsin-Parkside.
AB75,1226,1515
7. The University of Wisconsin-Platteville.
AB75,1226,1616
8. The University of Wisconsin-River Falls.
AB75,1226,1717
9. The University of Wisconsin-Stevens Point.
AB75,1226,1818
10. The University of Wisconsin-Stout.
AB75,1226,1919
11. The University of Wisconsin-Superior.