AB40-SA8,41,25
24(12) Conduct activities to improve the supply and quality of home care
25providers.
AB40-SA8,42,4
152.30 Liability limited. (1) The state, any political subdivision of the state,
2or any officer, employee, or agent of the state or a political subdivision who is acting
3within the scope of employment or agency is not liable for any debt, obligation, act,
4or omission of the authority.
AB40-SA8,42,6
5(2) All expenses incurred by the authority in exercising its duties and powers
6under this chapter shall be payable only from funds of the authority.
AB40-SA8,42,9
752.40 Health data. Any health data or identifying information collected by
8the authority is collected for the purpose of government regulatory and management
9functions.".
AB40-SA8,42,18
18"
Section 1748db. 70.11 (41s) of the statutes is created to read:
AB40-SA8,42,2119
70.11
(41s) Wisconsin Quality Home Care Authority. All property owned by
20the Wisconsin Quality Home Care Authority, provided that use of the property is
21primarily related to the purposes of the authority.".
AB40-SA8,43,5
171.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
2Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
3Authority,
of the Wisconsin Quality Home Care Authority, of the Fox River
4Navigational System Authority, of the Wisconsin Economic Development
5Corporation, and of the Wisconsin Aerospace Authority.".
AB40-SA8,43,1612
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
13Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health
14Insurance Risk-Sharing Plan Authority,
the Wisconsin Quality Home Care
15Authority, the Wisconsin Economic Development Corporation, and the Fox River
16Navigational System Authority.".
AB40-SA8,44,520
100.45
(1) (dm) "State agency" means any office, department, agency,
21institution of higher education, association, society or other body in state
22government created or authorized to be created by the constitution or any law which
23is entitled to expend moneys appropriated by law, including the legislature and the
24courts, the Wisconsin Housing and Economic Development Authority, the Bradley
1Center Sports and Entertainment Corporation, the University of Wisconsin
2Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
3Authority, the Wisconsin Aerospace Authority,
the Wisconsin Quality Home Care
4Authority, the Wisconsin Economic Development Corporation, and the Fox River
5Navigational System Authority.".
AB40-SA8,44,199
101.177
(1) (d) "State agency" means any office, department, agency,
10institution of higher education, association, society, or other body in state
11government created or authorized to be created by the constitution or any law, that
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, the Wisconsin Housing and Economic Development Authority, the Bradley
14Center Sports and Entertainment Corporation, the University of Wisconsin
15Hospitals and Clinics Authority, the Wisconsin Aerospace Authority,
the Wisconsin
16Quality Home Care Authority, the Wisconsin Economic Development Corporation,
17and the Wisconsin Health and Educational Facilities Authority, but excluding the
18Health Insurance Risk-Sharing Plan Authority and the Lower Fox River
19Remediation Authority.".
AB40-SA8,45,323
109.03
(1) (b) School district and private school employees who voluntarily
24request payment over a 12-month period for personal services performed during the
1school year, unless
, with respect to private school employees, the such employees are
2covered under a valid collective bargaining agreement which precludes this method
3of payment.".
AB40-SA8,45,117
111.02
(1) "All-union agreement" means an agreement between an employer
8other than the University of Wisconsin Hospitals and Clinics Authority and the
9representative of the employer's employees in a collective bargaining unit whereby
10all or any of the employees in such unit are required to be members of a single labor
11organization.
AB40-SA8,45,1914
111.02
(2) "Collective bargaining" means the negotiation by an employer and
15a majority of the employer's employees in a collective bargaining unit, or their
16representatives, concerning representation or terms and conditions of employment
17of such employees
, except as provided under ss. 111.05 (5) and 111.17 (2), in a
18mutually genuine effort to reach an agreement with reference to the subject under
19negotiation.
AB40-SA8,46,1222
111.02
(3) "Collective bargaining unit" means all of the employees of one
23employer, employed within the state,
except as provided in s. 111.05 (5) and (7) and 24except that where a majority of the employees engaged in a single craft, division,
1department or plant have voted by secret ballot as provided in s. 111.05 (2) to
2constitute such group a separate bargaining unit they shall be so considered, but, in
3appropriate cases, and to aid in the more efficient administration of ss. 111.01 to
4111.19, the commission may find, where agreeable to all parties affected in any way
5thereby, an industry, trade or business comprising more than one employer in an
6association in any geographical area to be a "collective bargaining unit". A collective
7bargaining unit thus established by the commission shall be subject to all rights by
8termination or modification given by ss. 111.01 to 111.19 in reference to collective
9bargaining units otherwise established under ss. 111.01 to 111.19. Two or more
10collective bargaining units may bargain collectively through the same
11representative where a majority of the employees in each separate unit have voted
12by secret ballot as provided in s. 111.05 (2) so to do.
AB40-SA8,46,1714
111.02
(6) (am) "Employee" includes a child care provider certified under s.
1548.651 and a child care provider licensed under s. 48.65 who provides care and
16supervision for not more than 8 children who are not related to the child care
17provider.
AB40-SA8, s. 2404rh
18Section 2404rh. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a)
19(intro.) and amended to read:
AB40-SA8,46,2120
111.02
(7) (a) (intro.) "Employer" means a person who engages the services of
21an employee, and includes
a all of the following:
AB40-SA8,46,23
221. A person acting on behalf of an employer within the scope of his or her
23authority, express or implied.
AB40-SA8, s. 2404ri
24Section 2404ri. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:
AB40-SA8,46,2525
111.02
(7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.
AB40-SA8,47,1
13. A local cultural arts district created under subch. V of ch. 229.
AB40-SA8,47,42
4. With respect to an employee under sub. (6) (am), the state, counties, and
3other administrative entities involved in regulation and subsidization of employees
4under sub. (6) (am).
AB40-SA8,47,87
111.02
(7) (b) 1.
The Except as provided in par. (a) 4., the state or any political
8subdivision thereof.
AB40-SA8, s. 2404rk
9Section 2404rk. 111.02 (7m), (9m) and (10m) of the statutes are created to
10read:
AB40-SA8,47,1711
111.02
(7m) "Fair-share agreement" means an agreement between the
12University of Wisconsin Hospitals and Clinics Authority and a labor organization
13representing employees of that authority, or between an employer defined under sub.
14(7) (a) 4. and a labor organization representing employees under sub. (6) (am), under
15which all of the employees in a collective bargaining unit are required to pay their
16proportionate share of the cost of the collective bargaining process and contract
17administration measured by the amount of dues uniformly required of all members.
AB40-SA8,47,18
18(9m) "Maintenance of membership agreement" means any of the following:
AB40-SA8,47,2519
(a) An agreement between the University of Wisconsin Hospitals and Clinics
20Authority and a labor organization representing employees of that authority which
21requires that all of the employees whose dues are being deducted from earnings
22under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall
23continue to have dues deducted for the duration of the agreement and that dues shall
24be deducted from the earnings of all employees who are hired on or after the effective
25date of the agreement.
AB40-SA8,48,6
1(b) An agreement between an employer under sub. (7) (a) 4. and a labor
2organization representing employees under sub. (6) (am) which requires that all of
3the employees whose dues are being deducted from earnings under s. 111.06 (1) (i)
4at the time the agreement takes effect shall continue to have dues deducted for the
5duration of the agreement and that dues shall be deducted from the earnings of all
6employees who are hired on or after the effective date of the agreement.
AB40-SA8,48,12
7(10m) "Referendum" means a proceeding conducted by the commission in
8which employees of the University of Wisconsin Hospitals and Clinics Authority in
9a collective bargaining unit or in which employees under sub. (6) (am) in a collective
10bargaining unit may cast a secret ballot on the question of directing the labor
11organization and the employer to enter into a fair-share or maintenance of
12membership agreement or to terminate such an agreement.
AB40-SA8,48,2015
111.05
(2) Whenever Except as provided in subs. (5) and (7), whenever a
16question arises concerning the determination of a collective bargaining unit, it shall
17be determined by secret ballot, and the commission, upon request, shall cause the
18ballot to be taken in such manner as to show separately the wishes of the employees
19in any craft, division, department or plant as to the determination of the collective
20bargaining unit.
AB40-SA8,49,222
111.05
(3g) Notwithstanding subs. (3) and (4), if on June 30, 1997, there is a
23representative recognized or certified to represent any of the units specified in s.
24111.825 (1) (f) 1., 5. or 9., that representative shall become the representative of the
25employees in the corresponding collective bargaining units specified in sub. (5) (a)
11. to 3., without the necessity of filing a petition or conducting an election, subject to
2the right of any person to file a petition under this section on or after October 1, 1998.
AB40-SA8,49,64
111.05
(5) (a) Collective bargaining units for representation of the employees
5of the University of Wisconsin Hospitals and Clinics Authority shall include one unit
6for employees engaged in each of the following functions:
AB40-SA8,49,77
1. Fiscal and staff services.
AB40-SA8,49,88
2. Patient care.
AB40-SA8,49,99
3. Science.
AB40-SA8,49,1010
4. Clerical and related.
AB40-SA8,49,1111
5. Blue collar and nonbuilding trades.
AB40-SA8,49,1212
6. Building trades crafts.
AB40-SA8,49,1313
7. Security and public safety.
AB40-SA8,49,1414
8. Technical.
AB40-SA8,49,2315
(b) Collective bargaining units for representation of the employees of the
16University of Wisconsin Hospitals and Clinics Authority who are engaged in a
17function not specified in par. (a) shall be determined in the manner provided in this
18section. The creation of any collective bargaining unit for such employees is subject
19to approval of the commission. The commission shall not permit fragmentation of
20such collective bargaining units or creation of any such collective bargaining unit
21that is too small to provide adequate representation of employees. In approving such
22collective bargaining units, the commission shall give primary consideration to the
23authority's needs to fulfill its statutory missions.
AB40-SA8,50,10
1111.05
(6) If a single representative is recognized or certified to represent more
2than one of the collective bargaining units specified in sub. (5), that representative
3and the employer may jointly agree to combine the collective bargaining units,
4subject to the right of the employees in any of the collective bargaining units that
5were combined to petition for an election under subs. (3) and (3g). Any agreement
6under this subsection is effective upon written notice of the agreement by the parties
7to the commission and terminates upon written notice of termination by the parties
8to the commission or upon decertification of the representative entering into the
9agreement as representative of one of the combined collective bargaining units,
10whichever occurs first.
AB40-SA8,50,1312
111.05
(7) Employees under s. 111.02 (6) (am) shall comprise a single collective
13bargaining unit.
AB40-SA8,51,2116
111.06
(1) (c) 1. To encourage or discourage membership in any labor
17organization, employee agency, committee, association or representation plan by
18discrimination in regard to hiring, tenure or other terms or conditions of employment
19except in a collective bargaining unit where an all-union
, fair-share, or
20maintenance of membership agreement is in effect.
An employer is not prohibited
21from entering into an all-union agreement with the voluntarily recognized
22representative of the employees in a collective bargaining unit, where at least a
23majority of such employees voting have voted affirmatively, by secret ballot, in favor
24of the all-union agreement in a referendum conducted by the commission, except
25that where the bargaining representative has been certified by either the
1commission or the national labor relations board as the result of a representation
2election, no referendum is required to authorize the entry into an all-union
3agreement. An authorization of an all-union agreement continues, subject to the
4right of either party to the all-union agreement to petition the commission to conduct
5a new referendum on the subject. Upon receipt of the petition, the commission shall
6determine whether there is reasonable ground to believe that the employees
7concerned have changed their attitude toward the all-union agreement and upon so
8finding the commission shall conduct a referendum. If the continuance of the
9all-union agreement is supported on a referendum by a vote at least equal to that
10provided in this subdivision for its initial authorization, it may continue, subject to
11the right to petition for a further vote by the procedure under this subdivision. If the
12continuance of the all-union agreement is not supported on a referendum, it
13terminates at the expiration of the contract of which it is then a part or at the end
14of one year from the date of the announcement by the commission of the result of the
15referendum, whichever is earlier. The commission shall declare any all-union
16agreement terminated whenever it finds that the labor organization involved has
17unreasonably refused to receive as a member any employee of such employer, and
18each such all-union agreement is subject to this duty of the commission. Any person
19interested may come before the commission as provided in s. 111.07 and ask the
20performance of this duty. Any all-union agreement in effect on October 4, 1975,
21made in accordance with the law in effect at the time it is made is valid.
AB40-SA8,52,624
111.06
(1) (d) To refuse to bargain collectively with the representative of a
25majority of the employer's employees in any collective bargaining unit with respect
1to representation or terms and conditions of employment,
except as provided under
2ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with
3the commission a petition requesting a determination as to majority representation,
4the employer shall not be deemed to have refused to bargain until an election has
5been held and the result thereof has been certified to the employer by the
6commission.
AB40-SA8,52,159
111.06
(1) (i) To deduct labor organization dues or assessments from an
10employee's earnings, unless the employer has been presented with an individual
11order therefor, signed by the employee personally, and terminable at the end of any
12year of its life by the employee giving at least thirty days' written notice of such
13termination unless there is an all-union
, fair-share or maintenance of membership 14agreement in effect. The employer shall give notice to the labor organization of
15receipt of such notice of termination.
AB40-SA8,52,1817
111.06
(1) (m) To fail to give the notice of intention to engage in a lockout
18provided in s. 111.115 (2).
AB40-SA8,52,2221
111.06
(2) (i) To fail to give the notice of intention to engage in a strike provided
22in s. 111.115
(2) or (3).
AB40-SA8,53,6
24111.075 Fair-share and maintenance of membership agreements. (1)
25(a) No fair-share or maintenance of membership agreement is effective unless
1authorized by a referendum. The commission shall order a referendum whenever it
2receives a petition supported by proof that at least 30 percent of the employees in a
3collective bargaining unit desire that a fair-share or maintenance of membership
4agreement be entered into between the employer and a labor organization. A petition
5may specify that a referendum is requested on a maintenance of membership
6agreement only, in which case the ballot shall be limited to that question.
AB40-SA8,53,137
(b) For a fair-share agreement to be authorized, at least two-thirds of the
8eligible employees voting in a referendum must vote in favor of the agreement. For
9a maintenance of membership agreement to be authorized, at least a majority of the
10eligible employees voting in a referendum must vote in favor of the agreement. In
11a referendum on a fair-share agreement, if less than two-thirds but more than
12one-half of the eligible employees vote in favor of the agreement, a maintenance of
13membership agreement is authorized.
AB40-SA8,54,214
(c) If a fair-share or maintenance of membership agreement is authorized in
15a referendum, the employer shall enter into a fair-share or maintenance of
16membership agreement with the labor organization named on the ballot in the
17referendum. Each fair-share or maintenance of membership agreement must
18contain a provision requiring the employer to deduct the amount of dues as certified
19by the labor organization from the earnings of the employees affected by the
20agreement and to pay the amount deducted to the labor organization. Unless the
21parties agree to an earlier date, the agreement takes effect 60 days after certification
22by the commission that the referendum vote authorized the agreement. The
23employer shall be held harmless against any claims, demands, suits, and other forms
24of liability made by employees or local labor organizations which may arise for
25actions taken by the employer in compliance with this section. All lawful claims,
1demands, suits, and other forms of liability are the responsibility of the labor
2organization entering into the agreement.
AB40-SA8,54,93
(d) Under each fair-share or maintenance of membership agreement, an
4employee who has religious convictions against dues payments to a labor
5organization based on teachings or tenets of a church or religious body of which he
6or she is a member shall, on request to the labor organization, have his or her dues
7paid to a charity mutually agreed upon by the employee and the labor organization.
8Any dispute concerning this paragraph may be submitted to the commission for
9adjudication.
AB40-SA8,54,23
10(2) (a) Once authorized, a fair-share or maintenance of membership
11agreement continues, subject to the right of the employer or labor organization
12concerned to petition the commission to conduct a new referendum. The petition
13must be supported by proof that at least 30 percent of the employees in the collective
14bargaining unit desire that the fair-share or maintenance of membership agreement
15be discontinued. Upon so finding, the commission shall conduct a new referendum.
16If the continuance of the fair-share or maintenance of membership agreement is
17approved in the referendum by at least the percentage of eligible voting employees
18required for its initial authorization, it shall continue, subject to the right of the
19employer or labor organization to later initiate a further vote following the procedure
20prescribed in this subsection. If the continuation of the agreement is not supported
21in any referendum, it terminates at the expiration of the collective bargaining
22agreement, or one year from the date of the certification of the result of the
23referendum, whichever is earlier.
AB40-SA8,55,624
(b) The commission shall declare any fair-share or maintenance of
25membership agreement suspended upon such conditions and for such time as the
1commission decides whenever it finds that the labor organization involved has
2refused on the basis of race, color, sexual orientation, or creed to receive as a member
3any employee in the collective bargaining unit involved, and the agreement shall be
4subject to the findings and orders of the commission. Any of the parties to the
5agreement, or any employee covered thereby, may come before the commission, as
6provided in s. 111.07, and petition the commission to make such a finding.
AB40-SA8,55,9
7(3) A stipulation for a referendum executed by an employer and a labor
8organization may not be filed until after the representation election has been held
9and the results certified.