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2011 - 2012 LEGISLATURE
October 12, 2011 - Introduced by Representatives Wynn, Knilans, Marklein and
LeMahieu, cosponsored by Senators Darling and Grothman. Referred to
Committee on Homeland Security and State Affairs.
AB319,1,3 1An Act relating to: reductions in cost of compensation or fringe benefits to
2municipal employers without modifying an existing collective bargaining
3agreement for purposes of 2011 Wisconsin Act 10.
Analysis by the Legislative Reference Bureau
Under current law, a school district or a technical college district and the
representative of a collective bargaining unit containing employees of that district
may enter into one memorandum of understanding to reduce the cost of
compensation or fringe benefits in the collective bargaining agreement that covers
the employees if the collective bargaining agreement was in effect on July 1, 2011.
The reduction is not a modification of the collective bargaining agreement for
purposes of 2011 Wisconsin Act 10, which applies to the employees when the
collective bargaining agreement is modified. The memorandum has to be entered
into within 90 days after July 1, 2011.
This bill allows any municipal employer to enter into one memorandum of
understanding to reduce the cost of compensation or fringe benefits, and the
reduction is not a modification for purposes of 2011 Wisconsin Act 10. The
memorandum has to be entered into within 90 days after the effective date of this bill.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB319, s. 1
1Section 1. Nonstatutory provisions.
AB319,2,202 (1) Notwithstanding 2011 Wisconsin Act 32, section 9132 (1d) (a), a municipal
3employer, as defined in section 111.70 (1) (j) of the statutes, and the representative
4of a collective bargaining unit containing employees of that municipal employer may
5enter into one memorandum of understanding that reduces the cost of compensation
6or fringe benefits in the collective bargaining agreement under subchapter IV of
7chapter 111 of the statutes that covers the employees, that was entered into before
8February 11, 2011, and that is in effect on the effective date of this subsection. Such
9a modification is not a modification of the collective bargaining agreement for
10purposes of 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), or any
11provisions that are substantially similar to 2011 Wisconsin Act 10, sections 9315 (1)
12and (2) and 9332 (1), that may be enacted under separate legislation. The
13memorandum of understanding entered into under this subsection remains effective
14for the duration of the current collective bargaining agreement and continues to be
15effective after the collective bargaining agreement expires until a new collective
16bargaining agreement takes effect except that, if the memorandum contains a
17provision addressing a subject that, at the expiration of the collective bargaining
18agreement, becomes a prohibited subject of bargaining, that provision is no longer
19effective. No memorandum of understanding as described in this subsection may be
20entered into later than 90 days after the effective date of this subsection.
AB319,2,2121 (End)
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