AB40-SA8,102,1818
(b) Work rules.
AB40-SA8,102,1919
(c) Hours of employment.
AB40-SA8,102,2020
(d) Any right of the consumer under s. 111.905.
AB40-SA8,103,115
111.92
(1) (a) Any tentative agreement reached between the office
, or, as
6provided in s. 111.815 (1), the department of health services, acting for the state, and
7any labor organization representing a collective bargaining unit specified in s.
8111.825 (1)
or, (2)
(a) to (d) or (e)
, or (2g) shall, after official ratification by the labor
9organization, be submitted by the office
or department of health services to the joint
10committee on employment relations, which shall hold a public hearing before
11determining its approval or disapproval.
AB40-SA8,104,4
124. If the committee approves
the
a tentative agreement
under subd. 1., 2., or
133., it shall introduce in a bill or companion bills, to be put on the calendar or referred
14to the appropriate scheduling committee of each house, that portion of the tentative
15agreement which requires legislative action for implementation, such as salary and
16wage adjustments, changes in fringe benefits, and any proposed amendments,
17deletions or additions to existing law. Such bill or companion bills are not subject to
18ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit
19suitable portions of the tentative agreement to appropriate legislative committees
20for advisory recommendations on the proposed terms. The committee shall
21accompany the introduction of such proposed legislation with a message that informs
22the legislature of the committee's concurrence with the matters under consideration
23and which recommends the passage of such legislation without change. If the joint
24committee on employment relations does not approve the tentative agreement, it
1shall be returned to the parties for renegotiation. If the legislature does not adopt
2without change that portion of the tentative agreement introduced by the joint
3committee on employment relations, the tentative agreement shall be returned to
4the parties for renegotiation.".
AB40-SA8,104,6
6"
Section 2426o. 111.92 (2m) of the statutes is created to read:
AB40-SA8,104,87
111.92
(2m) A collective bargaining agreement entered into by a collective
8bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2011.
AB40-SA8,104,1211
111.92
(3) Agreements
covering a collective bargaining unit specified under s.
12111.825 (1) (g) shall coincide with the fiscal year or biennium.
AB40-SA8,105,419
111.93
(3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm),
20230.35 (2d) and (3) (e) 6., and 230.88 (2) (b),
all of the following apply: (a) If if a
21collective bargaining agreement exists between the employer and a labor
22organization representing employees in a collective bargaining unit
under s. 111.825
23(1) (g), the provisions of that agreement shall supersede the provisions of civil service
24and other applicable statutes, as well as rules and policies of the
University of
1Wisconsin -Madison and the board of regents of the University of Wisconsin System,
2related to wages, fringe benefits, hours, and conditions of employment whether or
3not the matters contained in those statutes, rules, and policies are set forth in the
4collective bargaining agreement.
AB40-SA8,105,9
8"
Section 2430d. Subchapter VI of chapter 111 [precedes 111.95] of the statutes
9is created to read:
AB40-SA8,105,1111
SUBCHAPTER VI
AB40-SA8,105,1412
UNIVERSITY OF WISCONSIN SYSTEM
13
FACULTY AND ACADEMIC STAFF
14
LABOR RELATIONS
AB40-SA8,105,18
15111.95 Declaration of policy. The public policy of the state as to labor
16relations and collective bargaining involving faculty and academic staff at the
17University of Wisconsin System, in furtherance of which this subchapter is enacted,
18is as follows:
AB40-SA8,105,21
19(1) The people of the state of Wisconsin have a fundamental interest in
20developing harmonious and cooperative labor relations within the University of
21Wisconsin System.
AB40-SA8,106,2
22(2) It recognizes that there are 3 major interests involved: that of the public,
23that of the employee, and that of the employer. These 3 interests are to a considerable
1extent interrelated. It is the policy of this state to protect and promote each of these
2interests with due regard to the rights of the others.
AB40-SA8,106,3
3111.96 Definitions. In this subchapter:
AB40-SA8,106,6
4(1) "Academic staff" has the meaning given under s. 36.05 (1), but does not
5include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who
6is appointed to a visiting faculty position.
AB40-SA8,106,7
7(2) "Board" means the Board of Regents of the University of Wisconsin System.
AB40-SA8,106,15
8(3) "Collective bargaining" means the performance of the mutual obligation of
9the state as an employer, by its officers and agents, and the representatives of its
10employees, to meet and confer at reasonable times, in good faith, with respect to the
11subjects of bargaining provided in s. 111.998 with the intention of reaching an
12agreement, or to resolve questions arising under such an agreement. The duty to
13bargain, however, does not compel either party to agree to a proposal or require the
14making of a concession. Collective bargaining includes the reduction of any
15agreement reached to a written and signed document.
AB40-SA8,106,16
16(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
AB40-SA8,106,17
17(5) "Commission" means the employment relations commission.
AB40-SA8,106,20
18(6) "Election" means a proceeding conducted by the commission in which the
19employees in a collective bargaining unit cast a secret ballot for collective bargaining
20representatives, or for any other purpose specified in this subchapter.
AB40-SA8,106,21
21(7) "Employee" includes:
AB40-SA8,106,2422
(a) All faculty, including specifically faculty who are supervisors or
23management employees, but not including faculty holding a limited appointment
24under s. 36.17 or deans.
AB40-SA8,107,3
1(b) All academic staff, except for supervisors, management employees, and
2individuals who are privy to confidential matters affecting the employer-employee
3relationship.
AB40-SA8,107,4
4(8) "Employer" means the state of Wisconsin.
AB40-SA8,107,6
5(9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual
6holding an appointment under s. 36.15.
AB40-SA8,107,11
7(10) "Fair-share agreement" means an agreement between the employer and
8a labor organization representing employees under which all of the employees in a
9collective bargaining unit are required to pay their proportionate share of the cost
10of the collective bargaining process and contract administration measured by the
11amount of dues uniformly required of all members.
AB40-SA8,107,12
12(11) "Institution" has the meaning given in s. 36.05 (9).
AB40-SA8,107,14
13(12) "Labor dispute" means any controversy with respect to the subjects of
14bargaining provided in this subchapter.
AB40-SA8,107,18
15(13) "Labor organization" means any employee organization whose purpose is
16to represent employees in collective bargaining with the employer, or its agents, on
17matters pertaining to terms and conditions of employment, but does not include any
18organization that does any of the following:
AB40-SA8,107,2019
(a) Advocates the overthrow of the constitutional form of government in the
20United States.
AB40-SA8,107,2221
(b) Discriminates with regard to the terms or conditions of membership
22because of race, color, creed, sex, age, sexual orientation, or national origin.
AB40-SA8,108,4
23(14) "Maintenance of membership agreement" means an agreement between
24the employer and a labor organization representing employees that requires that all
25of the employees whose dues are being deducted from earnings under s. 20.921 (1)
1or 111.992 at or after the time the agreement takes effect shall continue to have dues
2deducted for the duration of the agreement and that dues shall be deducted from the
3earnings of all employees who are hired on or after the effective date of the
4agreement.
AB40-SA8,108,6
5(15) "Management employees" includes those personnel engaged
6predominately in executive and managerial functions.
AB40-SA8,108,8
7(16) "Office" means the office of state employment relations in the department
8of administration.
AB40-SA8,108,13
9(17) "Referendum" means a proceeding conducted by the commission in which
10employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
11may cast a secret ballot on the question of directing the labor organization and the
12employer to enter into a fair-share agreement or to terminate a fair-share
13agreement.
AB40-SA8,108,15
14(18) "Representative" includes any person chosen by an employee to represent
15the employee.
AB40-SA8,108,19
16(19) "Strike" includes any strike or other concerted stoppage of work by
17employees, any concerted slowdown or other concerted interruption of operations or
18services by employees, or any concerted refusal to work or perform their usual duties
19as employees of the state.
AB40-SA8,108,25
20(20) "Supervisor" means any individual whose principal work is different from
21that of the individual's subordinates and who has authority, in the interest of the
22employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
23reward, or discipline employees, or to adjust their grievances, or to authoritatively
24recommend such action, if the individual's exercise of such authority is not of a
25merely routine or clerical nature, but requires the use of independent judgment.
AB40-SA8,109,2
1(21) "Unfair labor practice" means any unfair labor practice specified in s.
2111.991.
AB40-SA8,109,10
3111.965 Duties of the state. (1) In the furtherance of this subchapter, the
4state shall be considered as a single employer. The board shall negotiate and
5administer collective bargaining agreements. To coordinate the employer position
6in the negotiation of agreements, the board shall maintain close liaison with the
7office relative to the negotiation of agreements and the fiscal ramifications of those
8agreements. The board shall coordinate its collective bargaining activities with the
9office. The legislative branch shall act upon those portions of tentative agreements
10negotiated by the board that require legislative action.
AB40-SA8,109,13
11(2) The board shall establish a collective bargaining capacity and shall
12represent the state in its responsibility as an employer under this subchapter. The
13board shall coordinate its actions with the director of the office.
AB40-SA8,109,19
14111.97 Rights of employees. Employees shall have the right of
15self-organization and the right to form, join, or assist labor organizations, to bargain
16collectively through representatives of their own choosing under this subchapter,
17and to engage in lawful, concerted activities for the purpose of collective bargaining
18or other mutual aid or protection. Employees shall also have the right to refrain from
19any such activities.
AB40-SA8,109,22
20111.98 Collective bargaining units.
(1) Collective bargaining units for
21faculty and staff in the unclassified service of the state shall be structured with a
22collective bargaining unit for each of the following groups:
AB40-SA8,109,2323
(a) Faculty of the University of Wisconsin-Madison.
AB40-SA8,109,2424
(b) Faculty of the University of Wisconsin-Milwaukee.
AB40-SA8,109,2525
(c) Faculty of the University of Wisconsin-Extension.
AB40-SA8,110,1
1(cm) Faculty of the University of Wisconsin-Eau Claire.
AB40-SA8,110,22
(d) Faculty of the University of Wisconsin-Green Bay.
AB40-SA8,110,33
(dm) Faculty of the University of Wisconsin-La Crosse.
AB40-SA8,110,44
(e) Faculty of the University of Wisconsin-Oshkosh.
AB40-SA8,110,55
(em) Faculty of the University of Wisconsin-Parkside.
AB40-SA8,110,66
(f) Faculty of the University of Wisconsin-Platteville.
AB40-SA8,110,77
(fm) Faculty of the University of Wisconsin-River Falls.
AB40-SA8,110,88
(g) Faculty of the University of Wisconsin-Stevens Point.
AB40-SA8,110,99
(gm) Faculty of the University of Wisconsin-Stout.
AB40-SA8,110,1010
(h) Faculty of the University of Wisconsin-Superior.
AB40-SA8,110,1111
(hm) Faculty of the University of Wisconsin-Whitewater.
AB40-SA8,110,1212
(i) Faculty of the University of Wisconsin Colleges.
AB40-SA8,110,1413
(j) Academic staff of the University of Wisconsin-Madison and academic staff
14employed at the University of Wisconsin System administration.
AB40-SA8,110,1515
(jm) Academic staff of the University of Wisconsin-Milwaukee.
AB40-SA8,110,1616
(k) Academic staff of the University of Wisconsin-Extension.
AB40-SA8,110,1717
(km) Academic staff of the University of Wisconsin-Eau Claire.
AB40-SA8,110,1818
(L) Academic staff of the University of Wisconsin-Green Bay.
AB40-SA8,110,1919
(Lm) Academic staff of the University of Wisconsin-La Crosse.
AB40-SA8,110,2020
(n) Academic staff of the University of Wisconsin-Oshkosh.
AB40-SA8,110,2121
(nm) Academic staff of the University of Wisconsin-Parkside.
AB40-SA8,110,2222
(o) Academic staff of the University of Wisconsin-Platteville.
AB40-SA8,110,2323
(om) Academic staff of the University of Wisconsin-River Falls.
AB40-SA8,110,2424
(p) Academic staff of the University of Wisconsin-Stevens Point.
AB40-SA8,110,2525
(pm) Academic staff of the University of Wisconsin-Stout.
AB40-SA8,111,1
1(q) Academic staff of the University of Wisconsin-Superior.
AB40-SA8,111,22
(qm) Academic staff of the University of Wisconsin-Whitewater.
AB40-SA8,111,33
(r) Academic staff of the University of Wisconsin Colleges.
AB40-SA8,111,17
4(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
5under sub. (1) (a) to (r) may be combined into a single unit. If 2 or more collective
6bargaining units seek to combine into a single collective bargaining unit, the
7commission shall, upon the petition of at least 30 percent of the employees in each
8unit, hold an election, or include on any ballot for an election held under s. 111.990
9(2) the question of whether to combine units, to determine whether a majority of
10those employees voting in each unit desire to combine into a single unit. A combined
11collective bargaining unit shall be formed including all employees from each of those
12units in which a majority of the employees voting in the election approve a combined
13unit. The combined collective bargaining unit shall be formed immediately if there
14is no existing collective bargaining agreement in force in any of the units to be
15combined. If there is a collective bargaining agreement in force at the time of the
16election in any of the collective bargaining units to be combined, the combined unit
17shall be formed upon expiration of the last agreement for the units concerned.
AB40-SA8,112,618
(b) If 2 or more collective bargaining units have combined under par. (a), the
19commission shall, upon petition of at least 30 percent of the employees in any of the
20original units, hold an election of the employees in the original unit to determine
21whether the employees in that unit desire to withdraw from the combined collective
22bargaining unit. If a majority of the employees voting desire to withdraw from the
23combined collective bargaining unit, separate units consisting of the unit in which
24the election was held and a unit composed of the remainder of the combined unit shall
25be formed. The new collective bargaining units shall be formed immediately if there
1is no collective bargaining agreement in force for the combined unit. If there is a
2collective bargaining agreement in force for the combined collective bargaining unit,
3the new units shall be formed upon the expiration of the agreement. While there is
4a collective bargaining agreement in force for the combined collective bargaining
5unit, a petition for an election under this paragraph may be filed only during October
6in the calendar year prior to the expiration of the agreement.