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.
AB40-SA8,112,14
7(4) Any labor organization may petition for recognition as the exclusive
8representative of a collective bargaining unit described under sub. (1) or (2) in
9accordance with the election procedures under s. 111.990 if the petition is
10accompanied by a 30 percent showing of interest in the form of signed authorization
11cards. Any additional labor organization seeking to appear on the ballot shall file a
12petition within 60 days of the date of filing of the original petition and prove, through
13signed authorization cards, that at least 10 percent of the employees in the collective
14bargaining unit want it to be their representative.
AB40-SA8,112,23
15(5) Although academic staff supervisors are not considered employees for the
16purpose of this subchapter, the commission may consider a petition for a statewide
17collective bargaining unit consisting of academic staff supervisors, but the
18representative of the supervisors may not be affiliated with any labor organization
19representing employees. For purposes of this subsection, affiliation does not include
20membership in a national, state, county, or municipal federation of national or
21international labor organizations. The certified representative of the supervisors
22may not bargain collectively with respect to any matter other than wages and fringe
23benefits.
AB40-SA8,113,9
24111.990 Representatives and elections.
(1) A representative chosen for the
25purposes of collective bargaining by a majority of the employees voting in a collective
1bargaining unit shall be the exclusive representative of all of the employees in such
2unit for the purposes of collective bargaining. Any individual employee, or any
3minority group of employees in any collective bargaining unit, may present any
4grievance to the employer in person, or through representatives of their own
5choosing, and the employer shall confer with the individual employee or group of
6employees with respect to the grievance if the majority representative has been
7afforded the opportunity to be present at the conference. Any adjustment resulting
8from such a conference may not be inconsistent with the conditions of employment
9established by the majority representative and the employer.
AB40-SA8,113,21
10(2) (a) Whenever a question arises concerning the representation of employees
11in a collective bargaining unit, the commission shall determine the representation
12by taking a secret ballot of the employees and certifying in writing the results to the
13interested parties and to the board. There shall be included on any ballot for the
14election of representatives the names of all labor organizations having an interest
15in representing the employees participating in the election as indicated in petitions
16filed with the commission. The name of any existing representative shall be included
17on the ballot without the necessity of filing a petition. The commission may exclude
18from the ballot one who, at the time of the election, stands deprived of his or her rights
19under this subchapter by reason of a prior adjudication of his or her having engaged
20in an unfair labor practice. The ballot shall be so prepared as to permit a vote against
21representation by anyone named on the ballot.
AB40-SA8,114,1022
(b) 1. Except as provided in subd. 2., for elections in a collective bargaining unit
23composed of employees who are members of the faculty or academic staff, whenever
24more than one representative qualifies to appear on the ballot, the ballot shall be so
25prepared as to provide separate votes on 2 questions. The first question shall be:
1"Shall the employees of the .... (name of collective bargaining unit) participate in
2collective bargaining?" The 2nd question shall be: "If the employees of the .... (name
3of collective bargaining unit) elect to participate in collective bargaining, which labor
4organization do you favor to act as representative of the employees?" The 2nd
5question shall not include a choice for no representative. All employees in the
6collective bargaining unit may vote on both questions. Unless a majority of those
7employees voting in the election vote to participate in collective bargaining, no votes
8for a particular representative may be counted. If a majority of those employees
9voting in the election vote to participate in collective bargaining, the ballots for
10representatives shall be counted.
AB40-SA8,115,1211
2. For elections in a collective bargaining unit composed of employees who are
12members of the faculty or academic staff, whenever more than one representative
13qualifies to appear on the ballot and a question of whether to combine collective
14bargaining units as permitted under s. 111.98 (2) (a) qualifies to appear on the ballot,
15the ballot shall be so prepared as to provide separate votes on 3 questions and each
16ballot shall identify the collective bargaining unit to which each voter currently
17belongs. The first question shall be: "Shall the employees of the .... (name of the
18voter's current collective bargaining unit) participate in collective bargaining?" The
192nd question shall be "Shall the employees of the .... (names of all of the collective
20bargaining units that qualify to appear on the ballot, including the name of the
21voter's current collective bargaining unit) combine to participate in collective
22bargaining?" The 3rd question shall be: "If the employees of the .... (name of the
23voter's current collective bargaining unit) elect to participate in collective
24bargaining, which labor organization do you favor to act as representative of the
25employees?" The 3rd question shall not include a choice for no representative. All
1employees in the collective bargaining unit may vote on all questions. Unless a
2majority of those employees voting in the election vote to participate in collective
3bargaining, no votes for combination or for a particular representative may be
4counted. If a majority of those employees voting in the election vote to participate
5in collective bargaining, the ballots for combination shall be counted. If the ballots
6for combination are counted and a majority of those employees voting from each
7collective bargaining unit listed in the 2nd question on the ballot vote to combine,
8then the ballots for representatives of the combined collective bargaining unit shall
9be counted. If the ballots for combination are counted and a majority of those
10employees voting from each collective bargaining unit listed in the 2nd question on
11the ballot do not vote to combine, then the ballots for representatives of each current
12collective bargaining unit shall be counted.
AB40-SA8,115,1413
(c) The commission's certification of the results of any election is conclusive as
14to the findings included therein unless reviewed under s. 111.07 (8).
AB40-SA8,115,21
15(3) Whenever an election has been conducted under sub. (2) in which the ballots
16for representatives have been counted but in which no named representative is
17favored by a majority of the employees voting, the commission may, if requested by
18a party to the proceeding within 30 days from the date of the certification of the
19results of the election, conduct a runoff election. In that runoff election, the
20commission shall drop from the ballot the name of the representative who received
21the least number of votes at the original election.
AB40-SA8,116,9
22(4) While a collective bargaining agreement between a labor organization and
23an employer is in force under this subchapter, a petition for an election in the
24collective bargaining unit to which the agreement applies may be filed only during
25October in the calendar year prior to the expiration of that agreement. An election
1held under that petition may be held only if the petition is supported by proof that
2at least 30 percent of the employees in the collective bargaining unit desire a change
3or discontinuance of existing representation. Within 60 days of the time that an
4original petition is filed, another petition may be filed supported by proof that at least
510 percent of the employees in the same collective bargaining unit desire a different
6representative. If a majority of the employees in the collective bargaining unit vote
7for a change or discontinuance of representation by any named representative, the
8decision takes effect upon expiration of any existing collective bargaining agreement
9between the employer and the existing representative.
AB40-SA8,116,11
10111.991 Unfair labor practices. (1) It is an unfair labor practice for an
11employer individually or in concert with others:
AB40-SA8,116,1312
(a) To interfere with, restrain, or coerce employees in the exercise of their rights
13guaranteed under s. 111.97.
AB40-SA8,117,214
(b) Except as otherwise provided in this paragraph, to initiate, create,
15dominate, or interfere with the formation or administration of any labor or employee
16organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
17(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
18System under ch. 40 and no action by the employer that is authorized by such a law
19is a violation of this paragraph unless an applicable collective bargaining agreement
20specifically prohibits the change or action. No such change or action affects the
21continuing duty to bargain collectively regarding the Wisconsin Retirement System
22under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
23for the employer to reimburse an employee at his or her prevailing wage rate for the
24time spent during the employee's regularly scheduled hours conferring with the
1employer's officers or agents and for attendance at commission or court hearings
2necessary for the administration of this subchapter.
AB40-SA8,117,63
(c) To encourage or discourage membership in any labor organization by
4discrimination in regard to hiring, tenure, or other terms or conditions of
5employment. This paragraph does not apply to fair-share or maintenance of
6membership agreements.
AB40-SA8,117,167
(d) To refuse to bargain collectively on matters set forth in s. 111.998 with a
8representative of a majority of its employees in an appropriate collective bargaining
9unit. Whenever the employer has a good faith doubt as to whether a labor
10organization claiming the support of a majority of its employees in an appropriate
11collective bargaining unit does in fact have that support, it may file with the
12commission a petition requesting an election as to that claim. The employer is not
13considered to have refused to bargain until an election has been held and the results
14of the election are certified to the employer by the commission. A violation of this
15paragraph includes the refusal to execute a collective bargaining agreement
16previously orally agreed upon.
AB40-SA8,117,2117
(e) To violate any collective bargaining agreement previously agreed upon by
18the parties with respect to wages, hours, and conditions of employment affecting the
19employees, including an agreement to arbitrate or to accept the terms of an
20arbitration award, when previously the parties have agreed to accept such award as
21final and binding upon them.
AB40-SA8,118,422
(f) To deduct labor organization dues from an employee's earnings, unless the
23employer has been presented with an individual order therefor, signed by the
24employee personally, and terminable by at least the end of any year of its life or
25earlier by the employee giving at least 30 but not more than 120 days' written notice
1of such termination to the employer and to the representative labor organization,
2except if there is a fair-share or maintenance of membership agreement in effect.
3The employer shall give notice to the labor organization of receipt of such notice of
4termination.
AB40-SA8,118,85
(g) To use any moneys received for any purpose to discourage, to train any
6supervisor, management employee, or other employee to discourage, or to contract
7with any person for the purposes of discouraging, employees in the exercise of their
8rights guaranteed under s. 111.97.
AB40-SA8,118,15
9(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
10to implement changes in salaries or conditions of employment for members of the
11faculty or academic staff at one institution, and not for other members of the faculty
12or academic staff at another institution, but this may be done only if the differential
13treatment is based on comparisons with the compensation and working conditions
14of employees performing similar services for comparable higher education
15institutions or based upon other competitive factors.
AB40-SA8,118,16
16(2) It is unfair practice for an employee individually or in concert with others:
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.