Amendment AA1-ASA1-AB40

AB40-ASA1-AA1,54,18 f. Comparison of the wages, hours and conditions of employment of the transit employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees in private employment in the same community and in comparable communities.

AB40-ASA1-AA1,54,20 g. The average consumer prices for goods and services, commonly known as the cost of living.

AB40-ASA1-AA1,54,24 h. The overall compensation presently received by the transit employees, including direct wage compensation, vacation, holidays, and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

AB40-ASA1-AA1,55,2 i. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.

AB40-ASA1-AA1,55,7 j. Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment.

AB40-ASA1-AA1,55,9 8. `Rule making.' The commission shall adopt rules for the conduct of all arbitration proceedings under subd. 6., including, but not limited to, rules for:

AB40-ASA1-AA1,55,11 a. The appointment of tripartite arbitration panels when requested by the parties.

AB40-ASA1-AA1,55,13 b. The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.

AB40-ASA1-AA1,55,15 c. The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.

AB40-ASA1-AA1,55,16 d. Proceedings for the enforcement of arbitration decisions.

AB40-ASA1-AA1,56,3 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 transit employees shall be for a term of 2 years, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of transit employees subject to this paragraph be for a term exceeding 3 years. No arbitration award involving transit employees 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.

AB40-ASA1-AA1,56,5 9. `Application.' Chapter 788 does not apply to arbitration proceedings under this paragraph.

AB40-ASA1-AA1, s. 2407er Section 2407er. 111.70 (4) (cm) (title), 1., 2., 3. and 4. of the statutes are amended to read:

AB40-ASA1-AA1,56,19 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; other personnel general municipal employees. 1. `Notice of commencement of contract negotiations.' For the purpose of advising the commission of the commencement of contract negotiations involving a collective bargaining unit containing general municipal employees, whenever either party requests the other to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no such agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide such notice, the other party may so notify the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall set forth any additional information the commission may require on a form provided by the commission.

AB40-ASA1-AA1,57,2 2. `Presentation of initial proposals; open meetings.' The meetings between parties to a collective bargaining agreement or proposed collective bargaining agreement under this subchapter which that involve a collective bargaining unit containing a general municipal employee and that are held for the purpose of presenting initial bargaining proposals, along with supporting rationale, shall be open to the public. Each party shall submit its initial bargaining proposals to the other party in writing. Failure to comply with this subdivision is not cause to invalidate a collective bargaining agreement under this subchapter.

AB40-ASA1-AA1,57,7 3. `Mediation.' The commission or its designee shall function as mediator in labor disputes involving general municipal employees upon request of one or both of the parties, or upon initiation of the commission. The function of the mediator shall be to encourage voluntary settlement by the parties. No mediator has the power of compulsion.

AB40-ASA1-AA1,57,13 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a general municipal employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial and disinterested person to so serve.

AB40-ASA1-AA1, s. 2407fg Section 2407fg. 111.70 (4) (cm) 5., 6., 7., 7g., 7r. and 8. of the statutes are repealed.

AB40-ASA1-AA1, s. 2407fr Section 2407fr. 111.70 (4) (cm) 8m. of the statutes is amended to read:

AB40-ASA1-AA1,58,8 111.70 (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 general municipal employees subject to this paragraph shall be for a term of 2 years, 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 employees be for a term exceeding 3 years 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 one year and may not be extended. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement , covering general municipal employees may be reopened for negotiations unless both parties agree to such a provision reopen the collective bargaining agreement. 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.

AB40-ASA1-AA1, s. 2407hg Section 2407hg. 111.70 (4) (cm) 9. of the statutes is repealed.

AB40-ASA1-AA1, s. 2408b Section 2408b. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB40-ASA1-AA1,59,21 111.70 (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 workforce. In making such a determination, the 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 they desire to be established as a separate collective bargaining unit. The commission shall may not decide, however, that any 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 may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both school district employees and general municipal employees who are not school district employees. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both public safety employees and general municipal employees, if the group include includes both transit employees and general municipal employees, or if the group includes both transit employees and public safety employees. The commission shall may 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.

AB40-ASA1-AA1, s. 2408cg Section 2408cg. 111.70 (4) (d) 3. of the statutes is amended to read:

AB40-ASA1-AA1,60,2 111.70 (4) (d) 3. a. Whenever, in a particular case, a question arises concerning representation or appropriate unit, calling for a vote, the commission shall certify the results in writing to the municipal employer and the labor organization involved and to any other interested parties.

AB40-ASA1-AA1,60,7 c. Any ballot used in a representation proceeding under this subdivision shall include the names of all persons having an interest in representing or the results. The ballot should be so designed as to permit a vote against representation by any candidate named on the ballot. The findings of the commission, on which a certification is based, shall be conclusive unless reviewed as provided by s. 111.07 (8).

AB40-ASA1-AA1, s. 2408ch Section 2408ch. 111.70 (4) (d) 3. b. of the statutes is created to read:

AB40-ASA1-AA1,60,25 111.70 (4) (d) 3. b. Annually, the commission shall conduct an election to certify the representative of the collective bargaining unit that contains a general municipal employee. The election shall occur no later than December 1 for a collective bargaining unit containing school district employees and no later than May 1 for a collective bargaining unit containing general municipal employees who are not school district employees. The commission shall certify any representative that receives at least 51 percent of the votes of all of the general municipal employees in the collective bargaining unit. If no representative receives at least 51 percent of the votes of all of the general municipal employees in the collective bargaining unit, at the expiration of the collective bargaining agreement, the commission shall decertify the current representative and the general municipal employees shall be nonrepresented. Notwithstanding sub. (2), if a representative is decertified under this subd. 3. b., the affected general municipal employees may not be included in a substantially similar collective bargaining unit for 12 months from the date of decertification. The commission shall assess and collect a certification fee for each election conducted under this subd. 3. b. Fees collected under this subd. 3. b. shall be credited to the appropriation account under s. 20.425 (1) (i).".

AB40-ASA1-AA1,61,1 79. Page 971, line 14: after that line insert:

AB40-ASA1-AA1,61,2 " Section 2403y. 109.03 (1) (b) of the statutes is amended to read:

AB40-ASA1-AA1,61,7 109.03 (1) (b) School district and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless such, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment.".

AB40-ASA1-AA1,61,8 80. Page 973, line 10: after that line insert:

AB40-ASA1-AA1,61,9 " Section 2404s. 111.02 (1) of the statutes is amended to read:

AB40-ASA1-AA1,61,14 111.02 (1) The term "all-union "All-union agreement" shall mean means an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization.

AB40-ASA1-AA1, s. 2404sb Section 2404sb. 111.02 (2) of the statutes is amended to read:

AB40-ASA1-AA1,61,21 111.02 (2) "Collective bargaining" is the negotiating means the negotiation by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

AB40-ASA1-AA1, s. 2404sc Section 2404sc. 111.02 (3) of the statutes is amended to read:

AB40-ASA1-AA1,62,13 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

AB40-ASA1-AA1, s. 2404sd Section 2404sd. 111.02 (6) (am) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404se Section 2404se. 111.02 (7) (a) (intro.) and 1. of the statutes are consolidated, renumbered 111.02 (7) (a) and amended to read:

AB40-ASA1-AA1,62,19 111.02 (7) (a) "Employer" means a person who engages the services of an employee, and includes all of the following: 1. A a person acting on behalf of an employer within the scope of his or her authority, express or implied.

AB40-ASA1-AA1, s. 2404sf Section 2404sf. 111.02 (7) (a) 2., 3. and 4. of the statutes are repealed.

AB40-ASA1-AA1, s. 2404sg Section 2404sg. 111.02 (7) (b) 1. of the statutes is amended to read:

AB40-ASA1-AA1,62,23 111.02 (7) (b) 1. Except as provided in par. (a) 4., the The state or any political subdivision thereof.

AB40-ASA1-AA1, s. 2404sh Section 2404sh. 111.02 (7m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sk Section 2404sk. 111.02 (9m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404skb Section 2404skb. 111.02 (10m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404skd Section 2404skd. 111.05 (2) of the statutes is amended to read:

AB40-ASA1-AA1,63,8 111.05 (2) Except as provided in subs. (5) and (7), whenever Whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB40-ASA1-AA1, s. 2404sL Section 2404sL. 111.05 (3g) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sLg Section 2404sLg. 111.05 (5) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sLm Section 2404sLm. 111.05 (6) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sLr Section 2404sLr. 111.05 (7) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sm Section 2404sm. 111.06 (1) (c) 1. of the statutes is amended to read:

AB40-ASA1-AA1,64,20 111.06 (1) (c) 1. To encourage or discourage membership in any labor organization, employee agency, committee, association or representation plan by discrimination in regard to hiring, tenure or other terms or conditions of employment except in a collective bargaining unit where an all-union, fair-share or maintenance of membership agreement is in effect. An employer is not prohibited from entering into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of such all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into such an all-union agreement. Such authorization of an all-union agreement shall be deemed to continue thereafter, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of such petition, the commission shall determine whether there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement and upon so finding the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on any such referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may be continued in force thereafter, subject to the right to petition for a further vote by the procedure set forth in this subdivision. If the continuance of the all-union agreement is not thus supported on any such referendum, it is deemed terminated at the termination of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer, and each such all-union agreement shall be made subject to this duty of the commission. Any person interested may come before the commission as provided in s. 111.07 and ask the performance of this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

AB40-ASA1-AA1, s. 2404sn Section 2404sn. 111.06 (1) (d) of the statutes is amended to read:

AB40-ASA1-AA1,65,4 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.

AB40-ASA1-AA1, s. 2404sp Section 2404sp. 111.06 (1) (i) of the statutes is amended to read:

AB40-ASA1-AA1,65,12 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty days' written notice of such termination unless there is an all-union, fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

AB40-ASA1-AA1, s. 2404sq Section 2404sq. 111.06 (1) (m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sr Section 2404sr. 111.06 (2) (i) of the statutes is amended to read:

AB40-ASA1-AA1,65,16 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB40-ASA1-AA1, s. 2404srm Section 2404srm. 111.075 of the statutes is repealed.

AB40-ASA1-AA1, s. 2404st Section 2404st. 111.115 (title) of the statutes is amended to read:

AB40-ASA1-AA1,65,19 111.115 (title) Notice of certain proposed lockouts or strikes.

AB40-ASA1-AA1, s. 2401su Section 2401su. 111.115 (1) (intro.) and (b) of the statutes are consolidated, renumbered 111.115 (1) and amended to read:

AB40-ASA1-AA1,66,2 111.115 (1) In this subsection: (b) "Strike" section, "strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.

AB40-ASA1-AA1, s. 2404sv Section 2404sv. 111.115 (1) (a) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sw Section 2404sw. 111.115 (2) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sx Section 2404sx. 111.17 (intro.) and (1) of the statutes are consolidated, renumbered 111.17 and amended to read:

AB40-ASA1-AA1,66,11 111.17 Conflict of provisions; effect. Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that: (1) In in any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB40-ASA1-AA1, s. 2404sy Section 2404sy. 111.17 (2) of the statutes is repealed.".

AB40-ASA1-AA1,66,14 81. Page 973, line 21: delete the material beginning with that line and ending on page 975, line 8, and substitute:

AB40-ASA1-AA1,66,15 " Section 2405p. 111.70 (1) (a) of the statutes is amended to read:

AB40-ASA1-AA1,67,7 111.70 (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 for public safety employees or transit employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66 and for a school district with respect to any matter under sub. (4) (o), and for a school district with respect to any matter under sub. (4) (n), or 62.13 (2e), except as provided in subs. (3m), (3p), and sub. (4) (m) (mb) 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 any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-ASA1-AA1,67,10 (3) (d) 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

AB40-ASA1-AA1,67,22 (4) (p) Permissive subjects of collective bargaining; public safety and transit employees. A municipal employer shall is not be required to bargain with public safety employees or transit employees 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 public safety employees or of the transit 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.

AB40-ASA1-AA1, s. 2406bg Section 2406bg. 111.70 (1) (b) of the statutes is amended to read:

AB40-ASA1-AA1,68,2 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district employees or of municipal employees who are not school district employees that is determined by the commission under sub. (4) (d) 2. a. to be appropriate for the purpose of collective bargaining.

AB40-ASA1-AA1, s. 2406br Section 2406br. 111.70 (1) (cm) of the statutes is created to read:

AB40-ASA1-AA1,68,7 111.70 (1) (cm) "Consumer price index change" means the average annual percentage change in the consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the current date.

AB40-ASA1-AA1, s. 2406cg Section 2406cg. 111.70 (1) (f) of the statutes is amended to read:

AB40-ASA1-AA1,68,18 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees or transit employees under which all or any of the public safety employees or transit employees in the collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members. Such an agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees affected by said agreement and to pay the amount so deducted to the labor organization.

AB40-ASA1-AA1, s. 2406cr Section 2406cr. 111.70 (1) (fm) of the statutes is created to read:

AB40-ASA1-AA1,68,21 111.70 (1) (fm) "General municipal employee" means a municipal employee who is not a public safety employee or a transit employee.

AB40-ASA1-AA1, s. 2406dg Section 2406dg. 111.70 (1) (j) of the statutes is amended to read:

AB40-ASA1-AA1,69,5 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

AB40-ASA1-AA1, s. 2406dr Section 2406dr. 111.70 (1) (mm) of the statutes is created to read:

AB40-ASA1-AA1,69,9 111.70 (1) (mm) "Public safety employee" means any municipal employee who is employed in a position that, on the effective date of this paragraph .... [LRB inserts date], is classified as a protective occupation participant under any of the following: