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.
AB40-SA8,55,12
10(4) The commission may, under rules adopted for that purpose, appoint as its
11agent an official of the University of Wisconsin Hospitals and Clinics Authority to
12conduct the referenda provided for in this section.
AB40-SA8,55,19
13(5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or
14maintenance of membership agreement in effect in any of the collective bargaining
15units specified in s. 111.825 (1) (f) 1., 5. or 9., that fair-share or maintenance of
16membership agreement shall apply to the corresponding collective bargaining unit
17under s. 111.05 (5) (a) 1. to 3. without the necessity of filing a petition or conducting
18a referendum, subject to the right of the employees in each collective bargaining unit
19to file a petition requesting a referendum under sub. (2) (a).
AB40-SA8,55,21
20(6) This section applies only in collective bargaining units comprised of
21employees of the University of Wisconsin Hospitals and Clinics Authority.
AB40-SA8,55,24
24111.115 (title)
Notice of certain proposed
lockouts or strikes.
AB40-SA8,56,33
111.115
(1) (intro.) In this
section, "strike" subsection:
AB40-SA8,56,7
4(b) "Strike" includes any concerted stoppage of work by employees, and any
5concerted slowdown or other concerted interruption of operations or services by
6employees, or any concerted refusal of employees to work or perform their usual
7duties as employees, for the purpose of enforcing demands upon an employer.
AB40-SA8,56,149
111.115
(1) (a) "Lockout" means the barring of one or more employees from their
10employment in an establishment by an employer as a part of a labor dispute, which
11is not directly subsequent to a strike or other job action of a labor organization or
12group of employees of the employer, or which continues or occurs after the
13termination of a strike or other job action of a labor organization or group of
14employees of the employer.
AB40-SA8,56,2316
111.115
(2) If no collective bargaining agreement is in effect between the
17University of Wisconsin Hospitals and Clinics Authority and the recognized or
18certified representative of employees of that authority in a collective bargaining unit,
19the employer may not engage in a lockout affecting employees in that collective
20bargaining unit without first giving 10 days' written notice to the representative of
21its intention to engage in a lockout, and the representative may not engage in a strike
22without first giving 10 days' written notice to the employer of its intention to engage
23in a strike.
AB40-SA8,57,3
1111.17 Conflict of provisions; effect. (intro.) Wherever the application of
2the provisions of other statutes or laws conflict with the application of the provisions
3of this subchapter, this subchapter shall prevail, except
that in for the following:
AB40-SA8,57,5
4(1) In any situation where the provisions of this subchapter cannot be validly
5enforced the provisions of such other statutes or laws shall apply.
AB40-SA8,57,187
111.17
(2) All fringe benefits authorized or required to be provided by the
8University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
940 shall be governed exclusively by ch. 40, except that if any provision of ch. 40
10specifically permits a collective bargaining agreement under this subchapter to
11govern the eligibility for or the application, cost, or terms of a fringe benefit under
12ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe
13benefit under ch. 40 shall be governed by a collective bargaining agreement under
14this subchapter, a collective bargaining agreement may contain a provision so
15governing and such a provision supersedes any provision of ch. 40 with respect to the
16employees to whom the agreement applies. The employer is prohibited from
17engaging in collective bargaining concerning any matter governed exclusively by ch.
1840 under this subsection.".
AB40-SA8,58,1323
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
24obligation of a municipal employer, through its officers and agents, and the
1representative of its municipal employees in a collective bargaining unit, to meet and
2confer at reasonable times, in good faith, with the intention of reaching an
3agreement, or to resolve questions arising under such an agreement, with respect to
4wages, hours, and conditions of employment
for public safety employees and with
5respect to wages for general municipal employees, and with respect to a requirement
6of the municipal employer for a municipal employee to perform law enforcement and
7fire fighting services under s.
60.553, 61.66
, or 62.13 (2e) and for a school district with
8respect to any matter under sub. (4) (n) or (o), except as provided in
sub. subs. (3m),
9(3p), and (4)
(mb) (m) and (mc) and s. 40.81 (3) and except that a municipal employer
10shall not meet and confer with respect to any proposal to diminish or abridge the
11rights guaranteed to
any public safety municipal employees under ch. 164.
12Collective bargaining includes the reduction of any agreement reached to a written
13and signed document.
AB40-SA8,58,2318
111.70
(1) (f) "Fair-share agreement" means an agreement between a
19municipal employer and a labor organization
that represents public safety
20employees under which all or any of the
public safety employees in the collective
21bargaining unit are required to pay their proportionate share of the cost of the
22collective bargaining process and contract administration measured by the amount
23of dues uniformly required of all members.
AB40-SA8,59,103
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
4metropolitan sewerage district, school district, long-term care district,
transit
5authority under s. 59.58 (7) or 66.1039, local cultural arts district created under
6subch. V of ch. 229, or any other political subdivision of the state, or instrumentality
7of one or more political subdivisions of the state, that engages the services of an
8employee and includes any person acting on behalf of a municipal employer within
9the scope of the person's authority, express or implied
, but specifically does not
10include a local cultural arts district created under subch. V of ch. 229.
AB40-SA8,59,1815
111.70
(1) (n) "Referendum" means a proceeding conducted by the commission
16in which
public safety employees in a collective bargaining unit may cast a secret
17ballot on the question of authorizing a labor organization and the employer to
18continue a fair-share agreement
that covers public safety employees.
AB40-SA8,60,220
111.70
(1g) Declaration of policy. (a) The public policy of the state as to labor
21disputes arising in municipal employment is to encourage voluntary settlement
22through the procedures of collective bargaining. Accordingly, it is in the public
23interest that municipal employees so desiring be given an opportunity to bargain
24collectively with the municipal employer through a labor organization or other
25representative of the employees' own choice. If such procedures fail, the parties
1should have available to them a fair, speedy, effective and, above all, peaceful
2procedure for settlement as provided in this subchapter.
AB40-SA8,60,83
(b) In creating this subchapter the legislature recognizes that the municipal
4employer must exercise its powers and responsibilities to act for the government and
5good order of the jurisdiction which it serves, its commercial benefit and the health,
6safety, and welfare of the public to assure orderly operations and functions within its
7jurisdiction, subject to those rights secured to municipal employees by the
8constitutions of this state and of the United States and by this subchapter.
AB40-SA8,61,1311
111.70
(2) Rights of municipal employees. Municipal employees have the right
12of self-organization, and the right to form, join, or assist labor organizations, to
13bargain collectively through representatives of their own choosing, and to engage in
14lawful, concerted activities for the purpose of collective bargaining or other mutual
15aid or protection. Municipal employees have the right to refrain from any and all
16such activities
. A general municipal employee has the right to refrain from paying
17dues while remaining a member of a collective bargaining unit. A public safety
18employee, however,
except that employees may be required to pay dues in the
19manner provided in a fair-share agreement; a fair-share agreement
covering a
20public safety employee must contain a provision requiring the municipal employer
21to deduct the amount of dues as certified by the labor organization from the earnings
22of the
public safety municipal employee affected by the fair-share agreement and to
23pay the amount deducted to the labor organization. A fair-share agreement
covering
24a public safety employee is subject to the right of the municipal employer or a labor
25organization to petition the commission to conduct a referendum. Such petition must
1be supported by proof that at least 30% of the
public safety employees in the collective
2bargaining unit desire that the fair-share agreement be terminated. Upon so
3finding, the commission shall conduct a referendum. If the continuation of the
4agreement is not supported by at least the majority of the eligible
public safety 5employees, it shall terminate. The commission shall declare any fair-share
6agreement suspended upon such conditions and for such time as the commission
7decides whenever it finds that the labor organization involved has refused on the
8basis of race, color, sexual orientation, creed, or sex to receive as a member any
public
9safety employee of the municipal employer in the bargaining unit involved, and such
10agreement is subject to this duty of the commission. Any of the parties to such
11agreement or any
public safety municipal employee covered by the agreement may
12come before the commission, as provided in s. 111.07, and ask the performance of this
13duty.
AB40-SA8,61,1916
111.70
(3) (a) 3. To encourage or discourage a membership in any labor
17organization by discrimination in regard to hiring, tenure, or other terms or
18conditions of employment; but the prohibition shall not apply to a fair-share
19agreement
that covers public safety employees.
AB40-SA8,62,522
111.70
(3) (a) 5. To violate any collective bargaining agreement previously
23agreed upon by the parties with respect to wages, hours and conditions of
24employment affecting
public safety municipal employees, including an agreement to
25arbitrate questions arising as to the meaning or application of the terms of a
1collective bargaining agreement or to accept the terms of such arbitration award,
2where previously the parties have agreed to accept such award as final and binding
3upon them
or to violate any collective bargaining agreement affecting general
4municipal employees, that was previously agreed upon by the parties with respect
5to wages.
AB40-SA8,62,148
111.70
(3) (a) 6. To deduct labor organization dues from
the an employee's or
9supervisor's earnings
of a public safety employee, unless the municipal employer has
10been presented with an individual order therefor, signed by the
public safety 11municipal employee personally, and terminable by at least the end of any year of its
12life or earlier by the
public safety municipal employee giving at least 30 days' written
13notice of such termination to the municipal employer and to the representative
14organization, except when a fair-share agreement is in effect.
AB40-SA8,62,1716
111.70
(3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
17lawfully made under sub. (4) (cm).
AB40-SA8,62,2320
111.70
(3) (a) 9.
If the collective bargaining unit contains a public safety
21employee, after After a collective bargaining agreement expires and before another
22collective bargaining agreement takes effect, to fail to follow any fair-share
23agreement in the expired collective bargaining agreement.
AB40-SA8,63,2
1111.70
(3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
2lawfully made under sub. (4) (cm).
AB40-SA8,63,116
111.70
(3m) Milwaukee county enrollment services unit. A collective
7bargaining agreement that covers municipal employees performing services for the
8Milwaukee County enrollment services unit under s. 49.825 shall contain a provision
9that permits the terms of the agreement to be modified with respect to hours and
10conditions of employment by a memorandum of understanding under s. 49.825 (3)
11(b) 4.
AB40-SA8,63,1713
111.70
(3p) Child care provider services unit. A collective bargaining
14agreement that covers municipal employees performing services for the child care
15provider services unit under s. 49.826 shall contain a provision that permits the
16terms of the agreement to be modified with respect to hours and conditions of
17employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
AB40-SA8,63,2120
111.70
(4) (c) (title)
Methods for peaceful settlement of disputes; public safety
21employees law enforcement and fire fighting personnel.
AB40-SA8,64,424
111.70
(4) (c) 1m. `Mediation.' The commission may function as a mediator in
25labor disputes
involving a collective bargaining unit containing a public safety
1employee. Such mediation may be carried on by a person designated to act by the
2commission upon request of one or both of the parties or upon initiation of the
3commission. The function of the mediator is to encourage voluntary settlement by
4the parties but no mediator has the power of compulsion.
AB40-SA8,64,76
111.70
(4) (c) 1g. `Applicability.' This paragraph applies only to municipal
7employees who are engaged in law enforcement or fire fighting functions.".
AB40-SA8,64,1511
111.70
(4) (c) 2. Parties to a dispute pertaining to the meaning or application
12of the terms of a written collective bargaining agreement
involving a collective
13bargaining unit containing a public safety employee may agree in writing to have the
14commission or any other appropriate agency serve as arbitrator or may designate
15any other competent, impartial and disinterested person to so serve.".
AB40-SA8,65,219
111.70
(4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
20involving a collective bargaining unit containing a public safety employee has not
21been settled after a reasonable period of negotiation and after the settlement
22procedures, if any, established by the parties have been exhausted, and the parties
23are deadlocked with respect to any dispute between them arising in the collective
24bargaining process, either party, or the parties jointly, may petition the commission,
1in writing, to initiate fact-finding, and to make recommendations to resolve the
2deadlock, as follows:
AB40-SA8,65,65
111.70
(4) (cm) (title)
Methods for peaceful settlement of disputes; general
6municipal employees other personnel.
AB40-SA8,65,167
1. `Notice of commencement of contract negotiations.' For the purpose of
8advising the commission of the commencement of contract negotiations
involving a
9collective bargaining unit containing general municipal employees, whenever either
10party requests the other to reopen negotiations under a binding collective bargaining
11agreement, or the parties otherwise commence negotiations if no such agreement
12exists, the party requesting negotiations shall immediately notify the commission in
13writing. Upon failure of the requesting party to provide such notice, the other party
14may so notify the commission. The notice shall specify the expiration date of the
15existing collective bargaining agreement, if any, and shall set forth any additional
16information the commission may require on a form provided by the commission.
AB40-SA8,65,2417
2. `Presentation of initial proposals; open meetings.' The meetings between
18parties to a collective bargaining agreement or proposed collective bargaining
19agreement under this subchapter that
involve a collective bargaining unit
20containing a general municipal employee and that are held for the purpose of
21presenting initial bargaining proposals, along with supporting rationale, shall be
22open to the public. Each party shall submit its initial bargaining proposals to the
23other party in writing. Failure to comply with this subdivision is not cause to
24invalidate a collective bargaining agreement under this subchapter.
AB40-SA8,66,5
13. `Mediation.' The commission or its designee shall function as mediator in
2labor disputes involving
general municipal employees upon request of one or both of
3the parties, or upon initiation of the commission. The function of the mediator shall
4be to encourage voluntary settlement by the parties. No mediator has the power of
5compulsion.
AB40-SA8,66,116
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
7application of the terms of a written collective bargaining agreement
involving a
8collective bargaining unit containing a general municipal employee may agree in
9writing to have the commission or any other appropriate agency serve as arbitrator
10or may designate any other competent, impartial and disinterested person to so
11serve.
AB40-SA8,66,2413
111.70
(4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
14other impasse resolution procedures provided in this paragraph, a municipal
15employer and labor organization may, as a permissive subject of bargaining, agree
16in writing to a dispute settlement procedure, including authorization for a strike by
17municipal employees or binding interest arbitration, that is acceptable to the parties
18for resolving an impasse over terms of any collective bargaining agreement under
19this subchapter. The parties shall file a copy of the agreement with the commission.
20If the parties agree to any form of binding interest arbitration, the arbitrator shall
21give weight to the factors enumerated under subds. 7. and 7g. for a collective
22bargaining unit consisting of municipal employees who are not school district
23employees and under subd. 7r. for a collective bargaining unit consisting of municipal
24employees.
AB40-SA8,67,15
1111.70
(4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
2a dispute relating to any issue has not been settled after a reasonable period of
3negotiation and after mediation by the commission under subd. 3. and other
4settlement procedures, if any, established by the parties have been exhausted, and
5the parties are deadlocked with respect to any dispute between them over wages,
6hours, or conditions of employment to be included in a new collective bargaining
7agreement, either party, or the parties jointly, may petition the commission, in
8writing, to initiate compulsory, final, and binding arbitration, as provided in this
9paragraph. At the time the petition is filed, the petitioning party shall submit in
10writing to the other party and the commission its preliminary final offer containing
11its latest proposals on all issues in dispute. Within 14 calendar days after the date
12of that submission, the other party shall submit in writing its preliminary final offer
13on all disputed issues to the petitioning party and the commission. If a petition is
14filed jointly, both parties shall exchange their preliminary final offers in writing and
15submit copies to the commission at the time the petition is filed.
AB40-SA8,69,516
am. Upon receipt of a petition to initiate arbitration, the commission shall
17investigate, with or without a formal hearing, whether arbitration should be
18commenced. If in determining whether an impasse exists the commission finds that
19the procedures under this paragraph have not been complied with and that the
20compliance would tend to result in a settlement, it may order compliance before
21ordering arbitration. The validity of any arbitration award or collective bargaining
22agreement is not affected by failure to comply with the procedures. Prior to the close
23of the investigation each party shall submit in writing to the commission its single
24final offer containing its final proposals on all issues in dispute that are subject to
25interest arbitration under this subdivision. If a party fails to submit a single,
1ultimate final offer, the commission shall close the investigation based on the last
2written position of the party. Such final offers may include only mandatory subjects
3of bargaining, except that a permissive subject of bargaining may be included by a
4party if the other party does not object and shall then be treated as a mandatory
5subject. No later than such time, the parties shall also submit to the commission a
6stipulation, in writing, with respect to all matters that are agreed upon for inclusion
7in the new or amended collective bargaining agreement. The commission, after
8receiving a report from its investigator and determining that arbitration should be
9commenced, shall issue an order requiring arbitration and immediately submit to
10the parties a list of 7 arbitrators. The parties shall alternately strike names from the
11list until a single name is left, who shall be appointed as arbitrator. The petitioning
12party shall notify the commission in writing of the identity of the arbitrator selected.
13Upon receipt of the notice, the commission shall formally appoint the arbitrator and
14submit to him or her the final offers of the parties. The final offers are public
15documents and shall be available from the commission. In lieu of a single arbitrator
16and upon request of both parties, the commission shall appoint a tripartite
17arbitration panel consisting of one member selected by each of the parties and a
18neutral person designated by the commission who shall serve as a chairperson. An
19arbitration panel has the same powers and duties as provided in this section for any
20other appointed arbitrator, and all arbitration decisions by a panel shall be
21determined by majority vote. In place of selection of the arbitrator by the parties and
22upon request of both parties, the commission shall establish a procedure for
23randomly selecting names of arbitrators. Under the procedure, the commission shall
24submit a list of 7 arbitrators to the parties. Each party shall strike one name from
25the list. From the remaining 5 names, the commission shall randomly appoint an
1arbitrator. Unless both parties to an arbitration proceeding otherwise agree in
2writing, every individual whose name is submitted by the commission for
3appointment as an arbitrator must be a resident of this state at the time of
4submission and every individual who is designated as an arbitration panel
5chairperson must be a resident of this state at the time of designation.