Amendment AA1-ASA1-AB40

AB40-ASA1-AA1, s. 2410tbm Section 2410tbm. 111.84 (1) (d) of the statutes is amended to read:

AB40-ASA1-AA1,90,21 111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with a representative of a majority of its employees in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-ASA1-AA1, s. 2410tc Section 2410tc. 111.84 (1) (f) of the statutes is amended to read:

AB40-ASA1-AA1,91,6 111.84 (1) (f) To deduct labor organization dues from an employee's the earnings of a public safety employee, unless the employer has been presented with an individual order therefor, signed by the public safety employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a 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. 2410td Section 2410td. 111.84 (2) (c) of the statutes is amended to read:

AB40-ASA1-AA1,91,15 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (b) to (g) (j) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-ASA1-AA1, s. 2410tdd Section 2410tdd. 111.84 (2) (c) of the statutes, as affected by 2011 Wisconsin Act 10, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40-ASA1-AA1,91,25 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (ar) to (j) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-ASA1-AA1, s. 2410te Section 2410te. 111.84 (3) of the statutes is amended to read:

AB40-ASA1-AA1,92,5 111.84 (3) It is an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by subs. sub. (1) and or (2).

AB40-ASA1-AA1, s. 2410tf Section 2410tf. 111.845 of the statutes is created to read:

AB40-ASA1-AA1,92,8 111.845 Wage deduction prohibition. The employer may not deduct labor organization dues from a general employee's earnings.

AB40-ASA1-AA1, s. 2410tg Section 2410tg. 111.85 (1), (2) and (4) of the statutes are amended to read:

AB40-ASA1-AA1,92,18 111.85 (1) (a) No fair-share or maintenance of membership agreement covering public safety employees may become effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30% of the public safety employees or supervisors specified in s. 111.825 (5) in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.

AB40-ASA1-AA1,93,2 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible public safety employees or supervisors voting in a referendum shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible public safety employees or supervisors voting in a referendum shall vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible public safety employees or supervisors vote in favor of the agreement, a maintenance of membership agreement is authorized.

AB40-ASA1-AA1,93,16 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership 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 public safety employees or supervisors affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety employees or supervisors or local labor organizations which may arise for actions taken by the employer in compliance with this section. All such lawful claims, demands, suits and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB40-ASA1-AA1,93,23 (d) Under each fair-share or maintenance of membership agreement, an a public safety employee or supervisor who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the public safety employee or supervisor and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

AB40-ASA1-AA1,94,13 (2) (a) Once authorized, a fair-share or maintenance of membership agreement covering public safety employees shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30% of the public safety employees or supervisors in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees or supervisors required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB40-ASA1-AA1,94,22 (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any public safety employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee or supervisor covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB40-ASA1-AA1,94,25 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose public safety employees are entitled to vote in a referendum to conduct a referendum provided for herein.".

AB40-ASA1-AA1,95,1 93. Page 985, line 1: delete lines 1 to 8 and substitute:

AB40-ASA1-AA1,95,2 " Section 2424eg. 111.90 (2) of the statutes is amended to read:

AB40-ASA1-AA1,95,5 111.90 (2) Subject to s. 111.91 (1) (am), manage Manage the employees of a state agency; hire, promote, transfer, assign or retain employees in positions within the agency; and in that regard establish reasonable work rules.

AB40-ASA1-AA1, s. 2424er Section 2424er. 111.905 of the statutes is repealed.

AB40-ASA1-AA1, s. 2424fg Section 2424fg. 111.91 (1) (a) of the statutes is amended to read:

AB40-ASA1-AA1,95,16 111.91 (1) (a) Except as provided in pars. (b) to (e) (d), with regard to a collective bargaining unit under s. 111.825 (1) (g), matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified public safety employees to duties of a higher classification or downward reallocations of a classified public safety employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.

AB40-ASA1-AA1, s. 2424fr Section 2424fr. 111.91 (1) (am) of the statutes is repealed.

AB40-ASA1-AA1, s. 2424gg Section 2424gg. 111.91 (1) (b) of the statutes is amended to read:

AB40-ASA1-AA1,95,23 111.91 (1) (b) The employer shall not be is not required to bargain with a collective bargaining unit under s. 111.825 (1) (g) on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of bargaining.

AB40-ASA1-AA1, s. 2424gr Section 2424gr. 111.91 (1) (c) of the statutes is amended to read:

AB40-ASA1-AA1,96,2 111.91 (1) (c) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).

AB40-ASA1-AA1, s. 2424hg Section 2424hg. 111.91 (1) (cg) of the statutes is repealed.

AB40-ASA1-AA1, s. 2424hr Section 2424hr. 111.91 (1) (cm) of the statutes is amended to read:

AB40-ASA1-AA1,96,10 111.91 (1) (cm) Except as provided in sub. (2) (g) and (h) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40 and all actions of the employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those the public safety employees.

AB40-ASA1-AA1, s. 2424ig Section 2424ig. 111.91 (1) (d) of the statutes is amended to read:

AB40-ASA1-AA1,96,14 111.91 (1) (d) Demands In the case of a collective bargaining unit under s. 111.825 (1) (g), demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.

AB40-ASA1-AA1, s. 2424ir Section 2424ir. 111.91 (1) (e) of the statutes is repealed.

AB40-ASA1-AA1, s. 2424jg Section 2424jg. 111.91 (2) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,96,18 111.91 (2) (intro.) The employer is prohibited from bargaining on with a collective bargaining unit under s. 111.825 (1) (g) with respect to all of the following:".

AB40-ASA1-AA1,96,19 94. Page 985, line 15: after that line insert:

AB40-ASA1-AA1,96,20 " Section 2424jr. 111.91 (2) (gu) of the statutes is amended to read:

AB40-ASA1-AA1,97,2 111.91 (2) (gu) The right of an a public safety employee, who is an employee, as defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical technician, first responder, or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).

AB40-ASA1-AA1, s. 2425g Section 2425g. 111.91 (2c) of the statutes is repealed.

AB40-ASA1-AA1, s. 2425p Section 2425p. 111.91 (3) of the statutes is created to read:

AB40-ASA1-AA1,97,6 111.91 (3) The employer is prohibited from bargaining with a collective bargaining unit containing a general employee with respect to any of the following:

AB40-ASA1-AA1,97,10 (a) Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions.

AB40-ASA1-AA1,97,13 (b) Unless the electors in a statewide referendum approve a total base wages increase that exceeds the total base wages expenditure described in this paragraph, any proposal that does any of the following:

AB40-ASA1-AA1,97,18 1. If there is an increase in the consumer price index change, provides for total base wages for authorized positions in the proposed collective bargaining agreement that exceed the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the consumer price index change.

AB40-ASA1-AA1,97,22 2. If there is a decrease or no change in the consumer price index change, provides for any change in total base wages for authorized positions in the proposed collective bargaining agreement from the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement.

AB40-ASA1-AA1, s. 2425s Section 2425s. 111.91 (3q) of the statutes is created to read:

AB40-ASA1-AA1,98,3 111.91 (3q) For purposes of determining compliance with sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a general employee, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.".

AB40-ASA1-AA1,98,5 95. Page 986, line 1: delete the material beginning with that line and ending with page 987, line 17, and substitute:

AB40-ASA1-AA1,98,6 " Section 2426gb. 111.92 (1) (a) of the statutes is amended to read:

AB40-ASA1-AA1,99,5 111.92 (1) (a) Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1), or (2) (a) to (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB40-ASA1-AA1, s. 2426gh Section 2426gh. 111.92 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40-ASA1-AA1,99,12 111.92 (1) (a) 1. Any tentative agreement reached between the office and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (d) or (e) shall, after official ratification by the labor organization, be submitted by the office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-ASA1-AA1,99,25 4. If the committee approves a tentative agreement under subd. 1., 2., or 3., it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB40-ASA1-AA1, s. 2426L Section 2426L. 111.92 (1) (a) 2. and 3. of the statutes are created to read:

AB40-ASA1-AA1,100,12 111.92 (1) (a) 2. Any tentative agreement reached between the Board of Regents of the University of Wisconsin System, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1r) shall, after official ratification by the labor organization, be submitted by the Board of Regents of the University of Wisconsin System to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-ASA1-AA1,100,19 3. Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1t) shall, after official ratification by the labor organization and approval by the Board of Regents of the University of Wisconsin System, be submitted by the University of Wisconsin-Madison to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-ASA1-AA1, s. 2426m Section 2426m. 111.92 (1) (b) of the statutes is repealed.".

AB40-ASA1-AA1,100,21 96. Page 987, line 24: after that line insert:

AB40-ASA1-AA1,100,22 " Section 2426q. 111.92 (2m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2426r Section 2426r. 111.92 (3) of the statutes is renumbered 111.92 (3) (a) and amended to read:

AB40-ASA1-AA1,101,2 111.92 (3) (a) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) shall coincide with the fiscal year or biennium.

AB40-ASA1-AA1, s. 2426s Section 2426s. 111.92 (3) (b) of the statutes is created to read:

AB40-ASA1-AA1,101,7 111.92 (3) (b) No agreements covering a collective bargaining unit containing a general employee may be for a period that exceeds one year, and each agreement must coincide with the fiscal year. Agreements covering a collective bargaining unit containing a general employee may not be extended.".

AB40-ASA1-AA1,101,9 97. Page 987, line 25: delete the material beginning with that line and ending with page 988, line 9, and substitute:

AB40-ASA1-AA1,101,11 " Section 2426t. 111.93 (3) of the statutes is renumbered 111.93 (3) (intro.) and amended to read:

AB40-ASA1-AA1,101,13 111.93 (3) (intro.) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), if all of the following apply:

AB40-ASA1-AA1,101,21 (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents Board of Regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB40-ASA1-AA1, s. 2426tb Section 2426tb. 111.93 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 10 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40-ASA1-AA1,102,8 111.93 (3) (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the Board of Regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB40-ASA1-AA1, s. 2426u Section 2426u. 111.93 (3) (b) of the statutes is created to read:

AB40-ASA1-AA1,102,17 111.93 (3) (b) If a collective bargaining agreement exists between the employer and a labor organization representing general employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the Board of Regents of the University of Wisconsin System and rules and policies of the Board of Trustees of the University of Wisconsin-Madison, related to wages, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.".

AB40-ASA1-AA1,102,18 98. Page 988, line 17: after that line insert:

AB40-ASA1-AA1,102,20 " Section 2431p. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is repealed.".

AB40-ASA1-AA1,102,21 101. 99. Page 995, line 7: after that line insert:

AB40-ASA1-AA1,102,22 " Section 2487g. 118.22 (4) of the statutes is repealed.

AB40-ASA1-AA1, s. 2487i Section 2487i. 118.223 of the statutes is created to read:

AB40-ASA1-AA1,103,2 118.223 Collective bargaining. Except as provided under subch. IV of ch. 111, no school board may collectively bargain with its employees.

AB40-ASA1-AA1, s. 2487k Section 2487k. 118.23 (5) of the statutes is repealed.

AB40-ASA1-AA1, s. 2487n Section 2487n. 118.245 of the statutes is created to read:

AB40-ASA1-AA1,103,13 118.245 Referendum; increase in employee wages. (1) If a school board wishes to increase the total base wages of its employees in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

AB40-ASA1-AA1,103,18 (2) The question submitted in the referendum shall be substantially as follows: "Shall the employees in the .... [school district] receive a total increase on wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"".

AB40-ASA1-AA1,103,19 100. Page 1002, line 19: after that line insert:

AB40-ASA1-AA1,103,20 " Section 2507ag. 118.42 (3) (a) 4. of the statutes is amended to read:

AB40-ASA1-AA1,103,22 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.

AB40-ASA1-AA1, s. 2507ak Section 2507ak. 118.42 (5) of the statutes is amended to read: