Amendment SA8-AB40

AB40-SA8,45,19 111.02 (2) "Collective bargaining" 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-SA8, s. 2404rf Section 2404rf. 111.02 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,46,12 111.02 (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-SA8, s. 2404rg Section 2404rg. 111.02 (6) (am) of the statutes is created to read:

AB40-SA8,46,17 111.02 (6) (am) "Employee" includes a child care provider certified under s. 48.651 and a child care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the child care provider.

AB40-SA8, s. 2404rh Section 2404rh. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.) and amended to read:

AB40-SA8,46,21 111.02 (7) (a) (intro.) "Employer" means a person who engages the services of an employee, and includes a all of the following:

AB40-SA8,46,23 1. A person acting on behalf of an employer within the scope of his or her authority, express or implied.

AB40-SA8, s. 2404ri Section 2404ri. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:

AB40-SA8,46,25 111.02 (7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.

AB40-SA8,47,1 3. A local cultural arts district created under subch. V of ch. 229.

AB40-SA8,47,4 4. With respect to an employee under sub. (6) (am), the state, counties, and other administrative entities involved in regulation and subsidization of employees under sub. (6) (am).

AB40-SA8, s. 2404rj Section 2404rj. 111.02 (7) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,47,8 111.02 (7) (b) 1. The Except as provided in par. (a) 4., the state or any political subdivision thereof.

AB40-SA8, s. 2404rk Section 2404rk. 111.02 (7m), (9m) and (10m) of the statutes are created to read:

AB40-SA8,47,17 111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority, or between an employer defined under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am), under which all of the employees in a 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.

AB40-SA8,47,18 (9m) "Maintenance of membership agreement" means any of the following:

AB40-SA8,47,25 (a) An agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority which requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB40-SA8,48,6 (b) An agreement between an employer under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am) which requires that all of the employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB40-SA8,48,12 (10m) "Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit or in which employees under sub. (6) (am) in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

AB40-SA8, s. 2404rL Section 2404rL. 111.05 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,48,20 111.05 (2) Whenever Except as provided in subs. (5) and (7), whenever a question arises concerning the determination of a collective bargaining unit, 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-SA8, s. 2404rm Section 2404rm. 111.05 (3g) of the statutes is created to read:

AB40-SA8,49,2 111.05 (3g) Notwithstanding subs. (3) and (4), if on June 30, 1997, there is a representative recognized or certified to represent any of the units specified in s. 111.825 (1) (f) 1., 5. or 9., that representative shall become the representative of the employees in the corresponding collective bargaining units specified in sub. (5) (a) 1. to 3., without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section on or after October 1, 1998.

AB40-SA8, s. 2404rn Section 2404rn. 111.05 (5) of the statutes is created to read:

AB40-SA8,49,6 111.05 (5) (a) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employees engaged in each of the following functions:

AB40-SA8,49,7 1. Fiscal and staff services.

AB40-SA8,49,8 2. Patient care.

AB40-SA8,49,9 3. Science.

AB40-SA8,49,10 4. Clerical and related.

AB40-SA8,49,11 5. Blue collar and nonbuilding trades.

AB40-SA8,49,12 6. Building trades crafts.

AB40-SA8,49,13 7. Security and public safety.

AB40-SA8,49,14 8. Technical.

AB40-SA8,49,23 (b) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for such employees is subject to approval of the commission. The commission shall not permit fragmentation of such collective bargaining units or creation of any such collective bargaining unit that is too small to provide adequate representation of employees. In approving such collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.

AB40-SA8, s. 2404ro Section 2404ro. 111.05 (6) of the statutes is created to read:

AB40-SA8,50,10 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employees in any of the collective bargaining units that were combined to petition for an election under subs. (3) and (3g). Any agreement under this subsection is effective upon written notice of the agreement by the parties to the commission and terminates upon written notice of termination by the parties to the commission or upon decertification of the representative entering into the agreement as representative of one of the combined collective bargaining units, whichever occurs first.

AB40-SA8, s. 2404rp Section 2404rp. 111.05 (7) of the statutes is created to read:

AB40-SA8,50,13 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

AB40-SA8, s. 2404rq Section 2404rq. 111.06 (1) (c) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,51,21 111.06 (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 the 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 an all-union agreement. An authorization of an all-union agreement continues, 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 the 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 a referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this subdivision. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration 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 is 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-SA8, s. 2404rr Section 2404rr. 111.06 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,52,6 111.06 (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-SA8, s. 2404rs Section 2404rs. 111.06 (1) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,52,15 111.06 (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-SA8, s. 2404rt Section 2404rt. 111.06 (1) (m) of the statutes is created to read:

AB40-SA8,52,18 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB40-SA8, s. 2404ru Section 2404ru. 111.06 (2) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,52,22 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB40-SA8, s. 2404rv Section 2404rv. 111.075 of the statutes is created to read:

AB40-SA8,53,6 111.075 Fair-share and maintenance of membership agreements. (1) (a) No fair-share or maintenance of membership agreement is effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the employees 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-SA8,53,13 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible employees voting in a referendum must vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible employees voting in a referendum must 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 employees vote in favor of the agreement, a maintenance of membership agreement is authorized.

AB40-SA8,54,2 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into a fair-share or maintenance of membership agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement must 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 the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, the agreement takes 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 employees or local labor organizations which may arise for actions taken by the employer in compliance with this section. All lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB40-SA8,54,9 (d) Under each fair-share or maintenance of membership agreement, an employee 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 employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

AB40-SA8,54,23 (2) (a) Once authorized, a fair-share or maintenance of membership agreement continues, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. The petition must be supported by proof that at least 30 percent of the employees 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 employees required for its initial authorization, it shall continue, 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 terminates at the expiration of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB40-SA8,55,6 (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 employee in the collective bargaining unit involved, and the agreement shall be subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB40-SA8,55,9 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

AB40-SA8,55,12 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the University of Wisconsin Hospitals and Clinics Authority to conduct the referenda provided for in this section.

AB40-SA8,55,19 (5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (f) 1., 5. or 9., that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.05 (5) (a) 1. to 3. without the necessity of filing a petition or conducting a referendum, subject to the right of the employees in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a).

AB40-SA8,55,21 (6) This section applies only in collective bargaining units comprised of employees of the University of Wisconsin Hospitals and Clinics Authority.

AB40-SA8, s. 2404rw Section 2404rw. 111.115 (title) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,55,24 111.115 (title) Notice of certain proposed lockouts or strikes.

AB40-SA8, s. 2404rx Section 2404rx. 111.115 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 111.115 (1) (intro.) and amended to read:

AB40-SA8,56,3 111.115 (1) (intro.) In this section, "strike" subsection:

AB40-SA8,56,7 (b) "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-SA8, s. 2404ry Section 2404ry. 111.115 (1) (a) of the statutes is created to read:

AB40-SA8,56,14 111.115 (1) (a) "Lockout" means the barring of one or more employees from their employment in an establishment by an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor organization or group of employees of the employer, or which continues or occurs after the termination of a strike or other job action of a labor organization or group of employees of the employer.

AB40-SA8, s. 2404rz Section 2404rz. 111.115 (2) of the statutes is created to read:

AB40-SA8,56,23 111.115 (2) If no collective bargaining agreement is in effect between the University of Wisconsin Hospitals and Clinics Authority and the recognized or certified representative of employees of that authority in a collective bargaining unit, the employer may not engage in a lockout affecting employees in that collective bargaining unit without first giving 10 days' written notice to the representative of its intention to engage in a lockout, and the representative may not engage in a strike without first giving 10 days' written notice to the employer of its intention to engage in a strike.

AB40-SA8, s. 2404rza Section 2404rza. 111.17 of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 111.17 (intro.) and amended to read:

AB40-SA8,57,3 111.17 Conflict of provisions; effect. (intro.) 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 in for the following:

AB40-SA8,57,5 (1) In any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB40-SA8, s. 2404rzb Section 2404rzb. 111.17 (2) of the statutes is created to read:

AB40-SA8,57,18 111.17 (2) All fringe benefits authorized or required to be provided by the University of Wisconsin Hospitals and Clinics Authority to its employees under ch. 40 shall be governed exclusively by ch. 40, except that if any provision of ch. 40 specifically permits a collective bargaining agreement under this subchapter to govern the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40 shall be governed by a collective bargaining agreement under this subchapter, a collective bargaining agreement may contain a provision so governing and such a provision supersedes any provision of ch. 40 with respect to the employees to whom the agreement applies. The employer is prohibited from engaging in collective bargaining concerning any matter governed exclusively by ch. 40 under this subsection.".

AB40-SA8,57,20 53. Page 973, line 21: delete the material beginning with that line and ending with page 975, line 8, and substitute:

AB40-SA8,57,22 " Section 2405b. 111.70 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,58,13 111.70 (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 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, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n) or (o), except as provided in sub. subs. (3m), (3p), and (4) (mb) (m) 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 any public safety municipal employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-SA8, s. 2405c Section 2405c. 111.70 (1) (cm) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB40-SA8, s. 2405d Section 2405d. 111.70 (1) (f) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,58,23 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees under which all or any of the public safety 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.

AB40-SA8, s. 2405e Section 2405e. 111.70 (1) (fm) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB40-SA8, s. 2406mb Section 2406mb. 111.70 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,59,10 111.70 (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-SA8, s. 2406n Section 2406n. 111.70 (1) (mm) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB40-SA8, s. 2406o Section 2406o. 111.70 (1) (n) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,59,18 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission in which public safety employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement that covers public safety employees.

AB40-SA8, s. 2406p Section 2406p. 111.70 (1g) of the statutes is created to read:

AB40-SA8,60,2 111.70 (1g) Declaration of policy. (a) The public policy of the state as to labor disputes arising in municipal employment is to encourage voluntary settlement through the procedures of collective bargaining. Accordingly, it is in the public interest that municipal employees so desiring be given an opportunity to bargain collectively with the municipal employer through a labor organization or other representative of the employees' own choice. If such procedures fail, the parties should have available to them a fair, speedy, effective and, above all, peaceful procedure for settlement as provided in this subchapter.

AB40-SA8,60,8 (b) 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.