AB40-SA8,118,1817
(a) To coerce or intimidate an employee in the enjoyment of the employee's legal
18rights, including those guaranteed under s. 111.97.
AB40-SA8,118,2319
(b) To coerce, intimidate, or induce any officer or agent of the employer to
20interfere with any of the employer's employees in the enjoyment of their legal rights
21including those guaranteed under s. 111.97 or to engage in any practice with regard
22to its employees which would constitute an unfair labor practice if undertaken by the
23officer or agent on the officer's or agent's own initiative.
AB40-SA8,119,324
(c) To refuse to bargain collectively on matters specified in s. 111.998 with the
25authorized officer or agent of the employer that is the recognized or certified
1exclusive collective bargaining representative of employees in an appropriate
2collective bargaining unit. Such refusal to bargain shall include a refusal to execute
3a collective bargaining agreement previously orally agreed upon.
AB40-SA8,119,74
(d) To violate the provisions of any written agreement with respect to terms and
5conditions of employment affecting employees, including an agreement to arbitrate
6or to accept the terms of an arbitration award, when previously the parties have
7agreed to accept such awards as final and binding upon them.
AB40-SA8,119,98
(e) To engage in, induce, or encourage any employees to engage in a strike or
9a concerted refusal to work or perform their usual duties as employees.
AB40-SA8,119,1310
(f) To coerce or intimidate a supervisory employee, officer, or agent of the
11employer, working at the same trade or profession as the employer's employees, to
12induce the person to become a member of or act in concert with the labor organization
13of which the employee is a member.
AB40-SA8,119,17
14(3) It is an unfair labor practice for any person to do or cause to be done on
15behalf of or in the interest of employers or employees, or in connection with or to
16influence the outcome of any controversy as to employment relations, any act
17prohibited by subs. (1) and (2).
AB40-SA8,119,19
18(3m) This section does not interfere with a faculty member's right of academic
19freedom.
AB40-SA8,120,3
20(4) Any controversy concerning unfair labor practices may be submitted to the
21commission as provided in s. 111.07, except that the commission shall schedule a
22hearing on complaints involving alleged violations of sub. (2) (e) within 3 days after
23filing of a complaint, and notice shall be given to each party interested by service on
24the party personally, or by telegram, advising the party of the nature of the complaint
25and of the date, time, and place of hearing. The commission may appoint a substitute
1tribunal to hear unfair labor practice charges by either appointing a 3-member panel
2or submitting a 7-member panel to the parties and allowing each to strike 2 names.
3Any such panel shall report its finding to the commission for appropriate action.
AB40-SA8,120,9
4111.992 Fair-share and maintenance of membership agreements. (1)
5(a) 1. No fair-share agreement may become effective unless authorized by a
6referendum. The commission shall order a referendum whenever it receives a
7petition supported by proof that at least 30 percent of the employees or supervisors
8specified in s. 111.98 (5) in a collective bargaining unit desire that a fair-share
9agreement be entered into between the employer and a labor organization.
AB40-SA8,120,1110
2. For a fair-share agreement to be authorized, at least a majority of the eligible
11employees or supervisors voting in a referendum shall vote in favor of the agreement.
AB40-SA8,120,1512
(b) No maintenance of membership agreement may be effective unless
13authorized. For a maintenance of membership agreement to be authorized, the
14employer and the labor organization representing the employees must voluntarily
15agree to establish the maintenance of membership agreement.
AB40-SA8,121,916
(c) If a fair-share agreement is authorized in a referendum, the employer shall
17enter into a fair-share agreement with the labor organization named on the ballot
18in the referendum. If a maintenance of membership agreement is authorized under
19par. (b), the employer shall enter into the maintenance of membership agreement
20with the labor union that voluntarily agreed to establish the agreement. Each
21fair-share or maintenance of membership agreement shall contain a provision
22requiring the employer to deduct the amount of dues as certified by the labor
23organization from the earnings of the employees or supervisors affected by the
24agreement and to pay the amount so deducted to the labor organization. Unless the
25parties agree to an earlier date, a fair-share agreement shall take effect 60 days after
1the commission certifies that the referendum vote authorized the fair-share
2agreement and a maintenance of membership agreement shall take effect 60 days
3after the commission certifies that the parties have voluntarily agreed to establish
4the maintenance of membership agreement. The employer shall be held harmless
5against any claims, demands, suits, and other forms of liability made by employees
6or supervisors or local labor organizations which may arise for actions taken by the
7employer in compliance with this section. All such lawful claims, demands, suits,
8and other forms of liability are the responsibility of the labor organization entering
9into the agreement.
AB40-SA8,121,1610
(d) Under each fair-share or maintenance of membership agreement, an
11employee or supervisor who has religious convictions against dues payments to a
12labor organization based on teachings or tenets of a church or religious body of which
13he or she is a member shall, on request to the labor organization, have his or her dues
14paid to a charity mutually agreed upon by the employee or supervisor and the labor
15organization. Any dispute concerning this paragraph may be submitted to the
16commission for adjudication.
AB40-SA8,122,5
17(2) (a) 1. Once authorized, a fair-share agreement shall continue in effect,
18subject to the right of the employer or labor organization concerned to petition the
19commission to conduct a new referendum. Such a petition must be supported by
20proof that at least 30 percent of the employees or supervisors in the collective
21bargaining unit desire that the fair-share agreement be discontinued. Upon so
22finding, the commission shall conduct a new referendum. If the continuance of the
23fair-share agreement is approved in the referendum by at least the percentage of
24eligible voting employees or supervisors required for its initial authorization, it shall
25be continued in effect, subject to the right of the employer or labor organization to
1later initiate a further vote following the procedure prescribed in this subsection. If
2the continuance of the fair-share agreement is not supported in any referendum, it
3is considered terminated at the termination of the collective bargaining agreement,
4or one year from the date of the certification of the result of the referendum,
5whichever is earlier.
AB40-SA8,122,116
2. Once authorized, a maintenance of membership agreement shall continue
7in effect, subject to the right of the employer or the labor organization concerned to
8notify the commission that it no longer voluntarily agrees to continue the agreement.
9After the commission is notified, the maintenance of membership agreement is
10terminated at the termination of the collective bargaining agreement or one year
11from the notification, whichever is earlier.
AB40-SA8,122,2012
(b) The commission shall declare any fair-share or maintenance of
13membership agreement suspended upon such conditions and for such time as the
14commission decides whenever it finds that the labor organization involved has
15refused on the basis of race, color, sexual orientation, or creed to receive as a member
16any employee or supervisor in the collective bargaining unit involved, and the
17agreement shall be made subject to the findings and orders of the commission. Any
18of the parties to the agreement, or any employee or supervisor covered under the
19agreement, may come before the commission, as provided in s. 111.07, and petition
20the commission to make such a finding.
AB40-SA8,122,23
21(3) A stipulation for a referendum executed by an employer and a labor
22organization may not be filed until after the representation election has been held
23and the results certified.
AB40-SA8,123,3
1(4) The commission may, under rules adopted for that purpose, appoint as its
2agent an official of a state agency whose employees are entitled to vote in a
3referendum to conduct a referendum under this section.
AB40-SA8,123,8
4111.993 Grievance arbitration. (1) Parties to the dispute pertaining to the
5interpretation of a collective bargaining agreement may agree in writing to have the
6commission or any other appointing state agency serve as arbitrator or may
7designate any other competent, impartial, and disinterested persons to so serve.
8Such arbitration proceedings shall be governed by ch. 788.
AB40-SA8,123,14
9(2) The board shall charge an institution for the employer's share of the cost
10related to grievance arbitration under sub. (1) for any arbitration that involves one
11or more employees of the institution. Each institution so charged shall pay the
12amount that the board charges from the appropriation account or accounts used to
13pay the salary of the grievant. Funds received under this subsection shall be credited
14to the appropriation account under s. 20.545 (1) (km).
AB40-SA8,123,20
15111.994 Mediation. The commission may appoint any competent, impartial,
16disinterested person to act as mediator in any labor dispute either upon its own
17initiative or upon the joint request of both parties to the dispute. It is the function
18of a mediator to bring the parties together voluntarily under such favorable auspices
19as will tend to effectuate settlement of the dispute, but neither the mediator nor the
20commission shall have any power of compulsion in mediation proceedings.
AB40-SA8,124,4
21111.995 Fact-finding. (1) If a dispute has not been settled after a reasonable
22period of negotiation and after the settlement procedures, if any, established by the
23parties have been exhausted, the representative that has been certified by the
24commission after an election, as the exclusive representative of employees in an
25appropriate bargaining unit, and the employer, its officers, and agents, after a
1reasonable period of negotiation, are deadlocked with respect to any dispute between
2them arising in the collective bargaining process, either party, or the parties jointly,
3may petition the commission, in writing, to initiate fact-finding under this section,
4and to make recommendations to resolve the deadlock.
AB40-SA8,124,10
5(2) Upon receipt of a petition to initiate fact-finding, the commission shall
6make an investigation with or without a formal hearing, to determine whether a
7deadlock in fact exists. The commission shall certify the results of the investigation.
8If the commission decides that fact-finding should be initiated, it shall appoint a
9qualified, disinterested person or, when jointly requested by the parties, a 3-member
10panel to function as a fact finder.
AB40-SA8,124,24
11(3) The fact finder may establish dates and place of hearings and shall conduct
12the hearings under rules established by the commission. Upon request, the
13commission shall issue subpoenas for hearings conducted by the fact finder. The fact
14finder may administer oaths. Upon completion of the hearing, the fact finder shall
15make written findings of fact and recommendations for solution of the dispute and
16shall cause the same to be served on the parties and the commission. In making
17findings and recommendations, the fact finder shall take into consideration among
18other pertinent factors the principles vital to the public interest in efficient and
19economical governmental administration. Upon the request of either party, the fact
20finder may orally present the recommendations in advance of service of the written
21findings and recommendations. Cost of fact-finding proceedings shall be divided
22equally between the parties. At the time the fact finder submits a statement of his
23or her costs to the parties, the fact finder shall submit a copy thereof to the
24commission at its Madison office.
AB40-SA8,125,2
1(4) A fact finder may mediate a dispute at any time prior to the issuance of the
2fact finder's recommendations.
AB40-SA8,125,8
3(5) Within 30 days of the receipt of the fact finder's recommendations or within
4a time period mutually agreed upon by the parties, each party shall advise the other,
5in writing, as to the party's acceptance or rejection, in whole or in part, of the fact
6finder's recommendations and, at the same time, send a copy of the notification to
7the commission at its Madison office. Failure to comply with this subsection, by the
8employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).
AB40-SA8,125,14
9111.996 Strike prohibited. (1) Upon establishing that a strike is in progress,
10the employer may either seek an injunction or file an unfair labor practice charge
11with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the
12board to decide whether to seek an injunction or file an unfair labor practice charge.
13The existence of an administrative remedy does not constitute grounds for denial of
14injunctive relief.
AB40-SA8,125,17
15(2) The occurrence of a strike and the participation in the strike by an employee
16do not affect the rights of the employer, in law or in equity, to deal with the strike,
17including all of the following:
AB40-SA8,125,1918
(a) The right to impose discipline, including discharge, or suspension without
19pay, of any employee participating in the strike.
AB40-SA8,125,2120
(b) The right to cancel the reinstatement eligibility of any employee engaging
21in the strike.
AB40-SA8,125,2422
(c) The right of the employer to request the imposition of fines, either against
23the labor organization or the employee engaging in the strike, or to sue for damages
24because of such strike activity.
AB40-SA8,126,2
1111.997 Management rights. Nothing in this subchapter shall interfere with
2the right of the board, in accordance with this subchapter, to do any of the following:
AB40-SA8,126,5
3(1) Carry out the statutory mandate and goals assigned to the board by the
4most appropriate and efficient methods and means and utilize personnel in the most
5appropriate and efficient manner possible.
AB40-SA8,126,9
6(2) Suspend, demote, discharge, or take other appropriate disciplinary action
7against the employee; or to lay off employees in the event of lack of work or funds or
8under conditions where continuation of such work would be inefficient and
9nonproductive.
AB40-SA8,126,12
10111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to
11(f), matters subject to collective bargaining to the point of impasse are salaries; fringe
12benefits consistent with sub. (2); and hours and conditions of employment.
AB40-SA8,126,1613
(b) The board is not required to bargain on management rights under s.
14111.997, except that procedures for the adjustment or settlement of grievances or
15disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of
16bargaining.
AB40-SA8,126,1717
(c) The board is prohibited from bargaining on matters contained in sub. (2).
AB40-SA8,126,2318
(d) Except as provided in sub. (2) (d) and (e) and ss. 40.02 (22) (e) and 40.23 (1)
19(f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all
20actions of the board that are authorized under any such law which apply to
21nonrepresented individuals employed by the state shall apply to similarly situated
22employees, unless otherwise specifically provided in a collective bargaining
23agreement that applies to those employees.
AB40-SA8,126,2524
(e) Demands relating to retirement and group insurance shall be submitted to
25the board at least one year prior to commencement of negotiations.
AB40-SA8,127,2
1(f) The board is not required to bargain on matters related to employee
2occupancy of houses or other lodging provided by the state.
AB40-SA8,127,3
3(2) The board is prohibited from bargaining on:
AB40-SA8,127,74
(a) The mission and goals of the board as set forth in the statutes; the
5diminution of the right of tenure provided the faculty under s. 36.13, the rights
6granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the
7rights of appointment provided academic staff under s. 36.15; or academic freedom.
AB40-SA8,127,88
(b) Amendments to this subchapter.
AB40-SA8,127,129
(c) Family leave and medical leave rights below the minimum afforded under
10s. 103.10. Nothing in this paragraph prohibits the board from bargaining on rights
11to family leave or medical leave which are more generous to the employee than the
12rights provided under s. 103.10.
AB40-SA8,127,1413
(d) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a)
143.
AB40-SA8,127,1615
(e) The rights of employees to have retirement benefits computed under s.
1640.30.
AB40-SA8,127,1817
(f) Honesty testing requirements that provide fewer rights and remedies to
18employees than are provided under s. 111.37.
AB40-SA8,127,1919
(h) Creditable service to which s. 40.285 (2) (b) 4. applies.
AB40-SA8,127,2120
(i) Compliance with the health benefit plan requirements under ss. 632.746 (1)
21to (8) and (10), 632.747, and 632.748.
AB40-SA8,127,2222
(j) Compliance with the insurance requirements under s. 631.95.
AB40-SA8,127,2323
(k) The definition of earnings under s. 40.02 (22).
AB40-SA8,127,2424
(L) The maximum benefit limitations under s. 40.31
AB40-SA8,127,2525
(m) The limitations on contributions under s. 40.32.
AB40-SA8,128,2
1(n) The provision to employees of the health insurance coverage required under
2s. 632.895 (11) to (14).
AB40-SA8,128,43
(o) The requirements related to coverage of and prior authorization for
4treatment of an emergency medical condition under s. 632.85.
AB40-SA8,128,55
(p) The requirements related to coverage of drugs and devices under s. 632.853.
AB40-SA8,128,66
(q) The requirements related to experimental treatment under s. 632.855.
AB40-SA8,128,87
(r) The requirements under s. 609.10 related to offering a point-of-service
8option plan.
AB40-SA8,128,119
(s) The requirements related to internal grievance procedures under s. 632.83
10and independent review of certain health benefit plan determinations under s.
11632.835.
AB40-SA8,128,15
12(3) Upon request, the chancellor at each institution, or his or her designee,
13shall meet and confer with the collective bargaining representative, if any, with
14regard to any issue that is a permissive subject of bargaining, except when the issue
15is under active consideration by a governance organization under s. 36.09 (4) or (4m).
AB40-SA8,128,21
16111.999 Labor proposals. The board shall notify and consult with the joint
17committee on employment relations, in such form and detail as the committee
18requests, regarding substantial changes in wages, employee benefits, personnel
19management, and program policy contract provisions to be included in any contract
20proposal to be offered to any labor organization by the state or to be agreed to by the
21state before such proposal is actually offered or accepted.
AB40-SA8,129,18
22111.9991 Agreements. (1) Any tentative agreement reached between the
23board, acting for the state, and any labor organization representing a collective
24bargaining unit specified in s. 111.98 shall, after official ratification by the labor
25organization, be submitted by the board to the joint committee on employment
1relations, which shall hold a public hearing before determining its approval or
2disapproval. If the committee approves the tentative agreement, it shall introduce
3in a bill or companion bills, to be put on the calendar or referred to the appropriate
4scheduling committee of each house, that portion of the tentative agreement which
5requires legislative action for implementation, such as salary and wage adjustments,
6changes in fringe benefits, and any proposed amendments, deletions, or additions to
7existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6)
8(a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of
9the tentative agreement to appropriate legislative committees for advisory
10recommendations on the proposed terms. The committee shall accompany the
11introduction of such proposed legislation with a message that informs the legislature
12of the committee's concurrence with the matters under consideration and that
13recommends the passage of such legislation without change. If the joint committee
14on employment relations does not approve the tentative agreement, it shall be
15returned to the parties for renegotiation. If the legislature does not adopt without
16change that portion of the tentative agreement introduced by the joint committee on
17employment relations, the tentative agreement shall be returned to the parties for
18renegotiation.
AB40-SA8,129,19
19(2) No portion of any tentative agreement shall become effective separately.
AB40-SA8,129,20
20(3) Agreements shall coincide with the fiscal year or biennium.
AB40-SA8,129,22
21(4) The negotiation of collective bargaining agreements and their approval by
22the parties should coincide with the overall fiscal planning and processes of the state.
AB40-SA8,129,24
23(5) All compensation adjustments for employees shall be effective on the
24beginning date of the pay period nearest the statutory or administrative date.
AB40-SA8,130,5
1111.9992 Status of existing benefits and rights. Unless a prohibited
2subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4),
340.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules
4governing the salaries, fringe benefits, hours, and conditions of employment apply
5to each employee, unless otherwise provided in a collective bargaining agreement.
AB40-SA8,130,12
6111.9993 Rules, transcripts, fees. (1) The commission may adopt
7reasonable and proper rules relative to the exercise of its powers and authority and
8proper rules to govern its proceedings and to regulate the conduct of all elections and
9hearings under this subchapter. The commission shall, upon request, provide a
10transcript of a proceeding to any party to the proceeding for a fee, established by rule,
11by the commission at a uniform rate per page. All transcript fees shall be credited
12to the appropriation account under s. 20.425 (1) (i).
AB40-SA8,131,12
13(2) The commission shall assess and collect a filing fee for filing a complaint
14alleging that an unfair labor practice has been committed under s. 111.991. The
15commission shall assess and collect a filing fee for filing a request that the
16commission act as an arbitrator to resolve a dispute involving the interpretation or
17application of a collective bargaining agreement under s. 111.993. The commission
18shall assess and collect a filing fee for filing a request that the commission initiate
19fact-finding under s. 111.995. The commission shall assess and collect a filing fee
20for filing a request that the commission act as a mediator under s. 111.994. For the
21performance of commission actions under ss. 111.993, 111.994, and 111.995, the
22commission shall require that the parties to the dispute equally share in the payment
23of the fee and, for the performance of commission actions involving a complaint
24alleging that an unfair labor practice has been committed under s. 111.991, the
25commission shall require that the party filing the complaint pay the entire fee. If any
1party has paid a filing fee requesting the commission to act as a mediator for a labor
2dispute and the parties do not enter into a voluntary settlement of the labor dispute,
3the commission may not subsequently assess or collect a filing fee to initiate
4fact-finding to resolve the same labor dispute. If any request concerns issues arising
5as a result of more than one unrelated event or occurrence, each such separate event
6or occurrence shall be treated as a separate request. The commission shall
7promulgate rules establishing a schedule of filing fees to be paid under this
8subsection. Fees required to be paid under this subsection shall be paid at the time
9of filing the complaint or the request for fact-finding, mediation, or arbitration. A
10complaint or request for fact-finding, mediation, or arbitration is not filed until the
11date such fee or fees are paid. Fees collected under this subsection shall be credited
12to the appropriation account under s. 20.425 (1) (i).".
AB40-SA8,131,14
14"
Section 2484c. 118.22 (4) of the statutes is created to read:
AB40-SA8,131,1815
118.22
(4) A collective bargaining agreement may modify, waive, or replace any
16of the provisions of this section as they apply to teachers in the collective bargaining
17unit, but neither the employer nor the bargaining agent for the employees is required
18to bargain such modification, waiver, or replacement.
AB40-SA8,132,222
118.23
(5) A collective bargaining agreement may modify, waive, or replace any
23of the provisions of this section as they apply to teachers in the collective bargaining
1unit, but neither the employer nor the bargaining agent for the employees is required
2to bargain such modification, waiver, or replacement.
AB40-SA8,132,148
118.40
(2r) (b) 3. a. Delegate to the governing board of the charter school the
9board of regents' authority to establish and adjust all compensation
and fringe
10benefits of instructional staff, subject to the terms of any collective bargaining
11agreement under subch. V of ch. 111 that covers the instructional staff. In the
12absence of a collective bargaining agreement, the governing board may establish and
13adjust all compensation
and fringe benefits of the instructional staff only with the
14approval of the chancellor of the University of Wisconsin-Parkside.".
AB40-SA8,132,1918
118.42
(3) (a) 4. Implement changes in administrative and personnel
19structures
that are consistent with applicable collective bargaining agreements.
AB40-SA8,132,2422
118.42
(5) Nothing in this section alters or otherwise affects the rights or
23remedies afforded school districts and school district employees under federal or
24state law
or under the terms of any applicable collective bargaining agreement.".
AB40-SA8,133,145
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
666.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
7115.345,
115.361, 115.365 (3), 115.38 (2),
115.445, 115.45, 118.001 to 118.04, 118.045,
8118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4),
9118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
118.223,
10118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10),
118.245, 118.255, 118.258, 118.291,
11118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12
(4m), (5)
, and (15) to (27),
12120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and
13(38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district
14and board.".