AB40-ASA1-AA1,90,1017
111.84
(1) (b) Except as otherwise provided in this paragraph, to initiate,
18create, dominate or interfere with the formation or administration of any labor or
19employee organization or contribute financial support to it. Except as provided in
20ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
21retirement system under ch. 40 and no action by the employer that is authorized by
22such a law constitutes a violation of this paragraph unless an applicable collective
23bargaining agreement
covering a collective bargaining unit under s. 111.825 (1) (g) 24specifically prohibits the change or action. No such change or action affects the
1continuing duty to bargain collectively
with a collective bargaining unit under s.
2111.825 (1) (g) regarding the Wisconsin retirement system under ch. 40 to the extent
3required by s. 111.91
(1). It is not an unfair labor practice for the employer to
4reimburse an employee at his or her prevailing wage rate for the time spent during
5the employee's regularly scheduled hours conferring with the employer's officers or
6agents and for attendance at commission or court hearings necessary for the
7administration of this subchapter. Professional supervisory or craft personnel may
8maintain membership in professional or craft organizations; however, as members
9of such organizations they shall be prohibited from those activities related to
10collective bargaining in which the organizations may engage.
AB40-ASA1-AA1,90,2112
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
13(1)
or (3), whichever is appropriate, with a representative of a majority of its
14employees in an appropriate collective bargaining unit. Where the employer has a
15good faith doubt as to whether a labor organization claiming the support of a majority
16of its employees in appropriate collective bargaining unit does in fact have that
17support, it may file with the commission a petition requesting an election as to that
18claim. It is not deemed to have refused to bargain until an election has been held and
19the results thereof certified to it by the commission. A violation of this paragraph
20includes, but is not limited to, the refusal to execute a collective bargaining
21agreement previously orally agreed upon.
AB40-ASA1-AA1,91,623
111.84
(1) (f) To deduct labor organization dues from
an employee's the 24earnings
of a public safety employee, unless the employer has been presented with
25an individual order therefor, signed by the
public safety employee personally, and
1terminable by at least the end of any year of its life or earlier by the
public safety 2employee giving at least 30 but not more than 120 days' written notice of such
3termination to the employer and to the representative labor organization, except if
4there is a fair-share or maintenance of membership agreement in effect. The
5employer shall give notice to the labor organization of receipt of such notice of
6termination.
AB40-ASA1-AA1,91,158
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
9(1)
or (3), whichever is appropriate, with the duly authorized officer or agent of the
10employer which is the recognized or certified exclusive collective bargaining
11representative of employees specified in s. 111.81 (7) (a) in an appropriate collective
12bargaining unit or with the certified exclusive collective bargaining representative
13of employees specified in s. 111.81 (7) (b) to
(g)
(j) in an appropriate collective
14bargaining unit. Such refusal to bargain shall include, but not be limited to, the
15refusal to execute a collective bargaining agreement previously orally agreed upon.
AB40-ASA1-AA1,91,2518
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
19(1) or (3), whichever is appropriate, with the duly authorized officer or agent of the
20employer which is the recognized or certified exclusive collective bargaining
21representative of employees specified in s. 111.81 (7) (a) in an appropriate collective
22bargaining unit or with the certified exclusive collective bargaining representative
23of employees specified in s. 111.81 (7) (ar) to (j) in an appropriate collective bargaining
24unit. Such refusal to bargain shall include, but not be limited to, the refusal to
25execute a collective bargaining agreement previously orally agreed upon.
AB40-ASA1-AA1,92,52
111.84
(3) It is an unfair labor practice for any person to do or cause to be done
3on behalf of or in the interest of employers or employees, or in connection with or to
4influence the outcome of any controversy as to employment relations, any act
5prohibited by
subs. sub. (1)
and or (2).
AB40-ASA1-AA1,92,8
7111.845 Wage deduction prohibition. The employer may not deduct labor
8organization dues from a general employee's earnings.
AB40-ASA1-AA1,92,1810
111.85
(1) (a) No fair-share or maintenance of membership agreement
11covering public safety employees may become effective unless authorized by a
12referendum. The commission shall order a referendum whenever it receives a
13petition supported by proof that at least 30% of the
public safety employees
or
14supervisors specified in s. 111.825 (5) in a collective bargaining unit desire that a
15fair-share or maintenance of membership agreement be entered into between the
16employer and a labor organization. A petition may specify that a referendum is
17requested on a maintenance of membership agreement only, in which case the ballot
18shall be limited to that question.
AB40-ASA1-AA1,93,219
(b) For a fair-share agreement to be authorized, at least two-thirds of the
20eligible
public safety employees
or supervisors voting in a referendum shall vote in
21favor of the agreement. For a maintenance of membership agreement to be
22authorized, at least a majority of the eligible
public safety employees
or supervisors 23voting in a referendum shall vote in favor of the agreement. In a referendum on a
24fair-share agreement, if less than two-thirds but more than one-half of the eligible
1public safety employees
or supervisors vote in favor of the agreement, a maintenance
2of membership agreement is authorized.
AB40-ASA1-AA1,93,163
(c) If a fair-share or maintenance of membership agreement is authorized in
4a referendum, the employer shall enter into such an agreement with the labor
5organization named on the ballot in the referendum. Each fair-share or
6maintenance of membership agreement shall contain a provision requiring the
7employer to deduct the amount of dues as certified by the labor organization from the
8earnings of the
public safety employees
or supervisors affected by the agreement and
9to pay the amount so deducted to the labor organization. Unless the parties agree
10to an earlier date, the agreement shall take effect 60 days after certification by the
11commission that the referendum vote authorized the agreement. The employer shall
12be held harmless against any claims, demands, suits and other forms of liability
13made by
public safety employees
or supervisors or local labor organizations which
14may arise for actions taken by the employer in compliance with this section. All such
15lawful claims, demands, suits and other forms of liability are the responsibility of the
16labor organization entering into the agreement.
AB40-ASA1-AA1,93,2317
(d) Under each fair-share or maintenance of membership agreement,
an a
18public safety employee
or supervisor who has religious convictions against dues
19payments to a labor organization based on teachings or tenets of a church or religious
20body of which he or she is a member shall, on request to the labor organization, have
21his or her dues paid to a charity mutually agreed upon by the
public safety employee
22or supervisor and the labor organization. Any dispute concerning this paragraph
23may be submitted to the commission for adjudication.
AB40-ASA1-AA1,94,13
24(2) (a) Once authorized, a fair-share or maintenance of membership
25agreement
covering public safety employees shall continue in effect, subject to the
1right of the employer or labor organization concerned to petition the commission to
2conduct a new referendum. Such petition must be supported by proof that at least
330% of the
public safety employees
or supervisors in the collective bargaining unit
4desire that the fair-share or maintenance of membership agreement be
5discontinued. Upon so finding, the commission shall conduct a new referendum. If
6the continuance of the fair-share or maintenance of membership agreement is
7approved in the referendum by at least the percentage of eligible voting
public safety 8employees
or supervisors required for its initial authorization, it shall be continued
9in effect, subject to the right of the employer or labor organization to later initiate a
10further vote following the procedure prescribed in this subsection. If the
11continuation of the agreement is not supported in any referendum, it is deemed
12terminated at the termination of the collective bargaining agreement, or one year
13from the date of the certification of the result of the referendum, whichever is earlier.
AB40-ASA1-AA1,94,2214
(b) The commission shall declare any fair-share or maintenance of
15membership agreement suspended upon such conditions and for such time as the
16commission decides whenever it finds that the labor organization involved has
17refused on the basis of race, color, sexual orientation or creed to receive as a member
18any
public safety employee
or supervisor in the collective bargaining unit involved,
19and the agreement shall be made subject to the findings and orders of the
20commission. Any of the parties to the agreement, or any
public safety employee
or
21supervisor covered thereby, may come before the commission, as provided in s.
22111.07, and petition the commission to make such a finding.
AB40-ASA1-AA1,94,25
23(4) The commission may, under rules adopted for that purpose, appoint as its
24agent an official of a state agency whose
public safety employees are entitled to vote
25in a referendum to conduct a referendum provided for herein.".
AB40-ASA1-AA1,95,53
111.90
(2) Subject to s. 111.91 (1) (am), manage Manage the employees of a state
4agency; hire, promote, transfer, assign or retain employees in positions within the
5agency; and in that regard establish reasonable work rules.
AB40-ASA1-AA1,95,168
111.91
(1) (a) Except as provided in pars. (b) to
(e) (d), with regard to a collective
9bargaining unit under s. 111.825 (1) (g), matters subject to collective bargaining to
10the point of impasse are wage rates, consistent with sub. (2), the assignment and
11reassignment of classifications to pay ranges, determination of an incumbent's pay
12status resulting from position reallocation or reclassification, and pay adjustments
13upon temporary assignment of classified
public safety employees to duties of a higher
14classification or downward reallocations of a classified
public safety employee's
15position; fringe benefits consistent with sub. (2); hours and conditions of
16employment.
AB40-ASA1-AA1,95,2319
111.91
(1) (b) The employer
shall not be is not required to bargain
with a
20collective bargaining unit under s. 111.825 (1) (g) on management rights under s.
21111.90, except that procedures for the adjustment or settlement of grievances or
22disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall
23be a subject of bargaining.
AB40-ASA1-AA1,96,2
1111.91
(1) (c) The employer is prohibited from bargaining
with a collective
2bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).
AB40-ASA1-AA1,96,105
111.91
(1) (cm) Except as provided in sub. (2)
(g) and (h) and ss. 40.02 (22) (e)
6and 40.23 (1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40
7and all actions of the employer that are authorized under any such law which apply
8to nonrepresented individuals employed by the state shall apply to similarly situated
9public safety employees, unless otherwise specifically provided in a collective
10bargaining agreement that applies to
those the public safety employees.
AB40-ASA1-AA1,96,1412
111.91
(1) (d)
Demands In the case of a collective bargaining unit under s.
13111.825 (1) (g), demands relating to retirement and group insurance shall be
14submitted to the employer at least one year prior to commencement of negotiations.
AB40-ASA1-AA1,96,1817
111.91
(2) (intro.) The employer is prohibited from bargaining
on with a
18collective bargaining unit under s. 111.825 (1) (g) with respect to all of the following:".
AB40-ASA1-AA1,97,221
111.91
(2) (gu) The right of
an a public safety employee, who is an employee,
22as defined in s. 103.88 (1) (d),
and who is a fire fighter, emergency medical technician,
23first responder, or ambulance driver for a volunteer fire department or fire company,
1a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined
2in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).
AB40-ASA1-AA1,97,65
111.91
(3) The employer is prohibited from bargaining with a collective
6bargaining unit containing a general employee with respect to any of the following:
AB40-ASA1-AA1,97,107
(a) Any factor or condition of employment except wages, which includes only
8total base wages and excludes any other compensation, which includes, but is not
9limited to, overtime, premium pay, merit pay, performance pay, supplemental
10compensation, pay schedules, and automatic pay progressions.
AB40-ASA1-AA1,97,1311
(b) Unless the electors in a statewide referendum approve a total base wages
12increase that exceeds the total base wages expenditure described in this paragraph,
13any proposal that does any of the following:
AB40-ASA1-AA1,97,1814
1. If there is an increase in the consumer price index change, provides for total
15base wages for authorized positions in the proposed collective bargaining agreement
16that exceed the total base wages for authorized positions 180 days before the
17expiration of the previous collective bargaining agreement by a greater percentage
18than the consumer price index change.
AB40-ASA1-AA1,97,2219
2. If there is a decrease or no change in the consumer price index change,
20provides for any change in total base wages for authorized positions in the proposed
21collective bargaining agreement from the total base wages for authorized positions
22180 days before the expiration of the previous collective bargaining agreement.
AB40-ASA1-AA1,98,324
111.91
(3q) For purposes of determining compliance with sub. (3), the
25commission shall provide, upon request, to the employer or to any representative of
1a collective bargaining unit containing a general employee, the consumer price index
2change during any 12-month period. The commission may get the information from
3the department of revenue.".
AB40-ASA1-AA1,99,57
111.92
(1) (a) Any tentative agreement reached between the office
, or, as
8provided in s. 111.815 (1), the department of health services, acting for the state, and
9any labor organization representing a collective bargaining unit specified in s.
10111.825 (1)
, or (2) (a) to (e)
, or (2g) shall, after official ratification by the labor
11organization, be submitted by the office
or department of health services to the joint
12committee on employment relations, which shall hold a public hearing before
13determining its approval or disapproval. If the committee approves the tentative
14agreement, it shall introduce in a bill or companion bills, to be put on the calendar
15or referred to the appropriate scheduling committee of each house, that portion of the
16tentative agreement which requires legislative action for implementation, such as
17salary and wage adjustments, changes in fringe benefits, and any proposed
18amendments, deletions or additions to existing law. Such bill or companion bills are
19not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may,
20however, submit suitable portions of the tentative agreement to appropriate
21legislative committees for advisory recommendations on the proposed terms. The
22committee shall accompany the introduction of such proposed legislation with a
23message that informs the legislature of the committee's concurrence with the
24matters under consideration and which recommends the passage of such legislation
1without change. If the joint committee on employment relations does not approve
2the tentative agreement, it shall be returned to the parties for renegotiation. If the
3legislature does not adopt without change that portion of the tentative agreement
4introduced by the joint committee on employment relations, the tentative agreement
5shall be returned to the parties for renegotiation.
AB40-ASA1-AA1,99,128
111.92
(1) (a) 1. Any tentative agreement reached between the office and any
9labor organization representing a collective bargaining unit specified in s. 111.825
10(1) or (2) (d) or (e) shall, after official ratification by the labor organization, be
11submitted by the office to the joint committee on employment relations, which shall
12hold a public hearing before determining its approval or disapproval.
AB40-ASA1-AA1,99,2513
4. If the committee approves a tentative agreement under subd. 1., 2., or
3., it
14shall introduce in a bill or companion bills, to be put on the calendar or referred to
15the appropriate scheduling committee of each house, that portion of the tentative
16agreement which requires legislative action for implementation, such as salary and
17wage adjustments, changes in fringe benefits, and any proposed amendments,
18deletions or additions to existing law. Such bill or companion bills are not subject to
19ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit
20suitable portions of the tentative agreement to appropriate legislative committees
21for advisory recommendations on the proposed terms. The committee shall
22accompany the introduction of such proposed legislation with a message that informs
23the legislature of the committee's concurrence with the matters under consideration
24and which recommends the passage of such legislation without change. If the joint
25committee on employment relations does not approve the tentative agreement, it
1shall be returned to the parties for renegotiation. If the legislature does not adopt
2without change that portion of the tentative agreement introduced by the joint
3committee on employment relations, the tentative agreement shall be returned to
4the parties for renegotiation.
AB40-ASA1-AA1,100,126
111.92
(1) (a) 2. Any tentative agreement reached between the Board of
7Regents of the University of Wisconsin System, acting for the state, and any labor
8organization representing a collective bargaining unit specified in s. 111.825 (1r)
9shall, after official ratification by the labor organization, be submitted by the Board
10of Regents of the University of Wisconsin System to the joint committee on
11employment relations, which shall hold a public hearing before determining its
12approval or disapproval.
AB40-ASA1-AA1,100,1913
3. Any tentative agreement reached between the University of
14Wisconsin-Madison, acting for the state, and any labor organization representing a
15collective bargaining unit specified in s. 111.825 (1t) shall, after official ratification
16by the labor organization and approval by the Board of Regents of the University of
17Wisconsin System, be submitted by the University of Wisconsin-Madison to the joint
18committee on employment relations, which shall hold a public hearing before
19determining its approval or disapproval.
AB40-ASA1-AA1, s. 2426r
23Section 2426r. 111.92 (3) of the statutes is renumbered 111.92 (3) (a) and
24amended to read:
AB40-ASA1-AA1,101,2
1111.92
(3) (a) Agreements
covering a collective bargaining unit specified under
2s. 111.825 (1) (g) shall coincide with the fiscal year or biennium.
AB40-ASA1-AA1,101,74
111.92
(3) (b) No agreements covering a collective bargaining unit containing
5a general employee may be for a period that exceeds one year, and each agreement
6must coincide with the fiscal year. Agreements covering a collective bargaining unit
7containing a general employee may not be extended.".
AB40-ASA1-AA1,101,11
10"
Section 2426t. 111.93 (3) of the statutes is renumbered 111.93 (3) (intro.) and
11amended to read:
AB40-ASA1-AA1,101,1312
111.93
(3) (intro.) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1)
13(cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b),
if all of the following apply:
AB40-ASA1-AA1,101,21
14(a) If a collective bargaining agreement exists between the employer and a
15labor organization representing employees in a collective bargaining unit
under s.
16111.825 (1) (g), the provisions of that agreement shall supersede the provisions of
17civil service and other applicable statutes, as well as rules and policies of the
board
18of regents Board of Regents of the University of Wisconsin System, related to wages,
19fringe benefits, hours, and conditions of employment whether or not the matters
20contained in those statutes, rules, and policies are set forth in the collective
21bargaining agreement.
AB40-ASA1-AA1,102,8
1111.93
(3) (a) If a collective bargaining agreement exists between the employer
2and a labor organization representing employees in a collective bargaining unit
3under s. 111.825 (1) (g), the provisions of that agreement shall supersede the
4provisions of civil service and other applicable statutes, as well as rules and policies
5of the University of Wisconsin-Madison and the Board of Regents of the University
6of Wisconsin System, related to wages, fringe benefits, hours, and conditions of
7employment whether or not the matters contained in those statutes, rules, and
8policies are set forth in the collective bargaining agreement.
AB40-ASA1-AA1,102,1710
111.93
(3) (b) If a collective bargaining agreement exists between the employer
11and a labor organization representing general employees in a collective bargaining
12unit, the provisions of that agreement shall supersede the provisions of civil service
13and other applicable statutes, as well as rules and policies of the Board of Regents
14of the University of Wisconsin System and rules and policies of the Board of Trustees
15of the University of Wisconsin-Madison, related to wages, whether or not the
16matters contained in those statutes, rules, and policies are set forth in the collective
17bargaining agreement.".
AB40-ASA1-AA1,102,20
19"
Section 2431p. Subchapter VI of chapter 111 [precedes 111.95] of the statutes
20is repealed.".
AB40-ASA1-AA1,103,2
1118.223 Collective bargaining. Except as provided under subch. IV of ch.
2111, no school board may collectively bargain with its employees.
AB40-ASA1-AA1,103,13
5118.245 Referendum; increase in employee wages. (1) If a school board
6wishes to increase the total base wages of its employees in an amount that exceeds
7the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that
8effect. The resolution shall specify the amount by which the proposed total base
9wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may
10not take effect unless it is approved in a referendum called for that purpose. The
11referendum shall occur in April for collective bargaining agreements that begin in
12July of that year. The results of a referendum apply to the total base wages only in
13the next collective bargaining agreement.
AB40-ASA1-AA1,103,18
14(2) The question submitted in the referendum shall be substantially as follows:
15"Shall the employees in the .... [school district] receive a total increase on wages from
16$....[current total base wages] to $....[proposed total base wages], which is a
17percentage wage increase that is .... [x] percent higher than the percent of the
18consumer price index increase, for a total percentage increase in wages of .... [x]?"".