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.".
AB40-SA8,134,220
120.12
(15) School hours. Establish rules scheduling the hours of a normal
21school day. The school board may differentiate between the various elementary and
22high school grades in scheduling the school day. The equivalent of 180 such days, as
23defined in s. 115.01 (10), shall be held during the school term.
This subsection does
24not eliminate a school district's duty to bargain with the employee's collective
1bargaining representative over any calendaring proposal that is primarily related to
2wages, hours, or conditions of employment.
AB40-SA8,134,215
120.18
(1) (gm) Payroll and related benefit costs for all school district
6employees in the previous school year.
Payroll costs
Costs for represented employees
7shall be based upon the costs
of wages of any collective bargaining agreements
8covering such employees for the previous school year. If, as of the time specified by
9the department for filing the report, the school district has not entered into a
10collective bargaining agreement for any portion of the previous school year with the
11recognized or certified representative of any of its employees
and the school district
12and the representative have been required to submit final offers under s. 111.70 (4)
13(cm) 6., increased costs
of wages limited to the lower of the school district's offer or
14the representative's offer shall be reflected in the report
shall be equal to the
15maximum wage expenditure that is subject to collective bargaining under s. 111.70
16(4) (mb) 2. for the employees. The school district shall amend the annual report to
17reflect any change in such costs as a result of any
collective bargaining agreement
18entered into award or settlement under s. 111.70 (4) (cm) 6. between the date of filing
19the report and October 1. Any such amendment shall be concurred in by the certified
20public accountant licensed or certified under ch. 442 certifying the school district
21audit.".
AB40-SA8,135,2
1230.01
(3) Nothing in this chapter shall be construed to either infringe upon
2or supersede the rights guaranteed state employees under subch. V
or VI of ch. 111.".
AB40-SA8,135,156
230.03
(3) "Agency" means any board, commission, committee, council, or
7department in state government or a unit thereof created by the constitution or
8statutes if such board, commission, committee, council, department, unit, or the
9head thereof, is authorized to appoint subordinate staff by the constitution or
10statute, except
the Board of Regents of the University of Wisconsin System, a
11legislative or judicial board, commission, committee, council, department, or unit
12thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or
13under ch.
52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any
14local unit of government or body within one or more local units of government that
15is created by law or by action of one or more local units of government.".
AB40-SA8,135,2019
230.046
(10) (a) Conduct off-the-job employee development and training
20programs relating to functions under this chapter or subch. V
or VI of ch. 111.".
AB40-SA8,136,7
1230.10
(1) Except as provided under sub. (2), the compensation plan provisions
2of s. 230.12 apply to all employees of the classified service
. If an employee is covered
3under a collective bargaining agreement under subch. V of ch. 111, the compensation
4plan provisions of s. 230.12 apply to that employee, except for those provisions
5relating to matters that are subject to bargaining under a collective bargaining
6agreement that covers the employee, unless they are covered by a collective
7bargaining agreement under subch. V of ch. 111.".
AB40-SA8,136,1911
230.34
(1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
12status in class in the classified service and all employees who have served with the
13state as an assistant district attorney for a continuous period of 12 months or more
,
14except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit
15for which a representative is recognized or certified, or for employees specified in s.
16111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is
17certified, if a collective bargaining agreement is in effect covering employees in the
18collective bargaining unit, the provisions of the collective bargaining agreement
19govern just cause and all aspects of the appeal procedure.
AB40-SA8,137,422
230.35
(1s) Annual leave of absence with pay for instructional staff employed
23by the board of regents of the University of Wisconsin System who provide services
24for a charter school established by contract under s. 118.40 (2r) (cm) shall be
1determined by the governing board of the charter school established by contract
2under s. 118.40 (2r) (cm), as approved by the chancellor of the University of
3Wisconsin-Parkside
and subject to the terms of any collective bargaining agreement
4under subch. V of ch. 111 covering the instructional staff.
AB40-SA8,137,107
230.35
(2d) (e) For employees who are included in a collective bargaining unit
8for which a representative is recognized or certified under subch. V
or VI of ch. 111,
9this subsection shall apply unless otherwise provided in a collective bargaining
10agreement.
AB40-SA8,137,1613
230.35
(3) (e) 6. For employees who are included in a collective bargaining unit
14for which a representative is recognized or certified under subch. V
or VI of ch. 111,
15this paragraph shall apply unless otherwise provided in a collective bargaining
16agreement.".
AB40-SA8,138,420
230.88
(2) (b) No collective bargaining agreement supersedes the rights of an
21employee under this subchapter. However, nothing in this subchapter affects any
22right of an employee to pursue a grievance procedure under a collective bargaining
23agreement under subch. V
or VI of ch. 111, and if the division of equal rights
24determines that a grievance arising under such a collective bargaining agreement
1involves the same parties and matters as a complaint under s. 230.85, it shall order
2the arbitrator's final award on the merits conclusive as to the rights of the parties
3to the complaint, on those matters determined in the arbitration which were at issue
4and upon which the determination necessarily depended.".