AB338,74,321
g. If a question arises as to whether any proposal made in negotiations by either
22party is a mandatory, permissive, or prohibited subject of bargaining, the
23commission shall determine the issue pursuant to par. (b). If either party to the
24dispute petitions the commission for a declaratory ruling under par. (b), the
25proceedings under subd. 6. c. and d. may not occur until the commission renders a
1decision in the matter and the decision is final. The arbitrator's award shall be made
2in accordance with the commission's ruling, subject to automatic amendment by any
3subsequent court reversal.
AB338, s. 151
4Section
151. 111.70 (4) (cm) 7. of the statutes is created to read:
AB338,74,135
111.70
(4) (cm) 7. `Factor given greatest weight.' In making any decision under
6the arbitration procedures authorized by this paragraph, except for any decision
7involving a collective bargaining unit consisting of school district employees, the
8arbitrator or arbitration panel shall consider and shall give the greatest weight to
9any state law or directive lawfully issued by a state legislative or administrative
10officer, body, or agency that limits expenditures that may be made or revenues that
11may be collected by a municipal employer. The arbitrator or arbitration panel shall
12give an accounting of the consideration of this factor in the arbitrator's or panel's
13decision.
AB338, s. 152
14Section
152. 111.70 (4) (cm) 7g. of the statutes is created to read:
AB338,74,2015
111.70
(4) (cm) 7g. `Factor given greater weight.' In making any decision under
16the arbitration procedures authorized by this paragraph, except for any decision
17involving a collective bargaining unit consisting of school district employees, the
18arbitrator or arbitration panel shall consider and shall give greater weight to
19economic conditions in the jurisdiction of the municipal employer than to any of the
20factors specified in subd. 7r.
AB338, s. 153
21Section
153. 111.70 (4) (cm) 7r. of the statutes is created to read:
AB338,74,2422
111.70
(4) (cm) 7r. `Other factors considered.' In making any decision under the
23arbitration procedures authorized by this paragraph, the arbitrator or arbitration
24panel shall give weight to the following factors:
AB338,74,2525
a. The lawful authority of the municipal employer.
AB338,75,1
1b. Stipulations of the parties.
AB338,75,32
c. The interests and welfare of the public and the financial ability of the unit
3of government to meet the costs of any proposed settlement.
AB338,75,64
d. Comparison of wages, hours, and conditions of employment of the municipal
5employees involved in the arbitration proceedings with the wages, hours, and
6conditions of employment of other employees performing similar services.
AB338,75,107
e. Comparison of the wages, hours, and conditions of employment of the
8municipal employees involved in the arbitration proceedings with the wages, hours,
9and conditions of employment of other employees generally in public employment in
10the same community and in comparable communities.
AB338,75,1411
f. Comparison of the wages, hours, and conditions of employment of the
12municipal employees involved in the arbitration proceedings with the wages, hours,
13and conditions of employment of other employees in private employment in the same
14community and in comparable communities.
AB338,75,1615
g. The average consumer prices for goods and services, commonly known as the
16cost of living.
AB338,75,2017
h. The overall compensation presently received by the municipal employees,
18including direct wage compensation, vacation, holidays and excused time, insurance
19and pensions, medical and hospitalization benefits, the continuity and stability of
20employment, and all other benefits received.
AB338,75,2221
i. Changes in any of the foregoing circumstances during the pendency of the
22arbitration proceedings.
AB338,76,223
j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
24taken into consideration in the determination of wages, hours, and conditions of
25employment through voluntary collective bargaining, mediation, fact-finding,
1arbitration, or otherwise between the parties, in the public service, or in private
2employment.
AB338, s. 154
3Section
154. 111.70 (4) (cm) 8. of the statutes is created to read:
AB338,76,64
111.70
(4) (cm) 8. `Rule making.' The commission shall adopt rules for the
5conduct of all arbitration proceedings under subd. 6., including, but not limited to,
6rules for:
AB338,76,87
a. The appointment of tripartite arbitration panels when requested by the
8parties.
AB338,76,109
b. The expeditious rendering of arbitration decisions, such as waivers of briefs
10and transcripts.
AB338,76,1211
c. The removal of individuals who have repeatedly failed to issue timely
12decisions from the commission's list of qualified arbitrators.
AB338,76,1313
d. Proceedings for the enforcement of arbitration decisions.
AB338,77,616
111.70
(4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
17the initial collective bargaining agreement between the parties
and except as the
18parties otherwise agree, every collective bargaining agreement covering
general
19municipal employees
subject to this paragraph shall be for a term of
one year and
20may not be extended 2 years, but in no case may a collective bargaining agreement
21for any collective bargaining unit consisting of municipal employees subject to this
22paragraph other than school district employees be for a term exceeding 3 years nor
23may a collective bargaining agreement for any collective bargaining unit consisting
24of school district employees subject to this paragraph be for a term exceeding 4 years.
25No
arbitration award may contain a provision for reopening of negotiations during
1the term of a collective bargaining agreement
covering general municipal employees
2may be reopened for negotiations, unless both parties agree to reopen the collective
3bargaining agreement. The requirement for agreement by both parties does not
4apply to a provision for reopening of negotiations with respect to any portion of an
5agreement that is declared invalid by a court or administrative agency or rendered
6invalid by the enactment of a law or promulgation of a federal regulation.
AB338, s. 156
7Section
156. 111.70 (4) (cm) 9. of the statutes is created to read:
AB338,77,88
111.70
(4) (cm) 9. `Application.'
AB338,77,99
a. Chapter 788 does not apply to arbitration proceedings under this paragraph.
AB338,77,1110
b. This paragraph does not apply to labor disputes involving municipal
11employees who are engaged in law enforcement or fire fighting functions.
AB338,78,1814
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
15bargaining unit for the purpose of collective bargaining and shall whenever possible
16avoid fragmentation by maintaining as few collective bargaining units as practicable
17in keeping with the size of the total municipal workforce. The commission may
18decide whether, in a particular case, the municipal employees in the same or several
19departments, divisions, institutions, crafts, professions, or other occupational
20groupings constitute a collective bargaining unit. Before making its determination,
21the commission may provide an opportunity for the municipal employees concerned
22to determine, by secret ballot, whether they desire to be established as a separate
23collective bargaining unit. The commission may not decide, however, that any group
24of municipal employees constitutes an appropriate collective bargaining unit if the
25group includes both professional employees and nonprofessional employees, unless
1a majority of the professional employees vote for inclusion in the unit. The
2commission may not decide that any group of municipal employees constitutes an
3appropriate collective bargaining unit if the group includes both school district
4employees and general municipal employees who are not school district employees.
5The commission may not decide that any group of municipal employees constitutes
6an appropriate collective bargaining unit if the group includes both public safety
7employees and general municipal employees, if the group include includes both
8transit employees and general municipal employees, or if the group includes both
9transit employees and public safety employees. The commission may not decide that
10any group of municipal employees constitutes an appropriate collective bargaining
11unit if the group includes both craft employees and noncraft employees unless a
12majority of the craft employees vote for inclusion in the unit. The commission shall
13place the professional employees who are assigned to perform any services at a
14charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit
15from a unit that includes any other professional employees whenever at least 30%
16of those professional employees request an election to be held to determine that issue
17and a majority of the professional employees at the charter school who cast votes in
18the election decide to be represented in a separate collective bargaining unit.
AB338, s. 158
19Section
158. 111.70 (4) (d) 3. a. and c. of the statutes, as affected by
2011
20Wisconsin Act 10, are consolidated, renumbered 111.70 (4) (d) 3. and amended to
21read:
AB338,79,522
111.70
(4) (d) 3. Whenever, in a particular case, a question arises concerning
23representation or appropriate unit, calling for a vote, the commission shall certify the
24results in writing to the municipal employer and the labor organization involved and
25to any other interested parties.
c. Any ballot used in a representation proceeding
1under this subdivision shall include the names of all persons having an interest in
2representing or the results. The ballot should be so designed as to permit a vote
3against representation by any candidate named on the ballot. The findings of the
4commission, on which a certification is based, shall be conclusive unless reviewed as
5provided by s. 111.07 (8).
AB338,79,1410
111.70
(4) (L)
Strikes prohibited.
Nothing Except as authorized under par. (cm)
115. and 6. c., nothing contained in this subchapter constitutes a grant of the right to
12strike by any municipal employee or labor organization, and such strikes are hereby
13expressly prohibited.
Paragraph (cm) does not authorize any strike after an
14injunction has been issued against such strike under sub. (7m).
AB338, s. 161
15Section
161. 111.70 (4) (m) of the statutes is created to read:
AB338,79,1816
111.70
(4) (m)
Prohibited subjects of bargaining; school district municipal
17employers. In a school district, the municipal employer is prohibited from bargaining
18collectively with respect to:
AB338,79,2419
1. Reassignment of municipal employees who perform services for a board of
20school directors under ch. 119, with or without regard to seniority, as a result of a
21decision of the board of school directors to contract with an individual or group to
22operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school
23to a charter school, or the impact of any such reassignment on the wages, hours, or
24conditions of employment of the municipal employees who perform those services.
AB338,80,5
12. Reassignment of municipal employees who perform services for a board of
2school directors, with or without regard to seniority, as a result of the decision of the
3board to close or reopen a school under s. 119.18 (23), or the impact of any such
4reassignment on the wages, hours, or conditions of employment of the municipal
5employees who perform those services.
AB338,80,96
4. Any decision of a board of school directors to contract with a school or agency
7to provide educational programs under s. 119.235, or the impact of any such decision
8on the wages, hours, or conditions of employment of the municipal employees who
9perform services for the board.
AB338,80,1110
6. Solicitation of sealed bids for the provision of group health care benefits for
11school district employees as provided in s. 120.12 (24).
AB338,80,2218
111.70
(4) (mc)
Prohibited subjects of bargaining; public safety employees.
The 19If the municipal employee is a clerk who is not an employee of a city of the first class,
20the municipal employer is prohibited from bargaining collectively
with a collective
21bargaining unit containing a public safety employee with respect to
any of the
22following: the judge's authority over the supervisory tasks provided in s. 755.10.
AB338, s. 166
25Section
166. 111.70 (4) (n) and (o) of the statutes are created to read:
AB338,81,6
1111.70
(4) (n)
Mandatory subjects of bargaining. In a school district, in addition
2to any subject of bargaining on which the municipal employer is required to bargain
3under sub. (1) (a), the municipal employer is required to bargain collectively with
4respect to time spent during the school day, separate from pupil contact time, to
5prepare lessons, labs, or educational materials, to confer or collaborate with other
6staff, or to complete administrative duties.
AB338,81,107
(o)
Mandatory subjects of bargaining. In a school district, in addition to any
8subject of bargaining on which the municipal employer is required to bargain under
9sub. (1) (a), the municipal employer is required to bargain collectively with respect
10to the development of or any changes to a teacher evaluation plan under s. 118.225.
AB338,81,1813
111.70
(4) (p)
Permissive subjects of collective bargaining; public safety and
14transit employees. A municipal employer is not required to bargain
with public safety
15employees or transit employees on subjects reserved to management and direction
16of the governmental unit except insofar as the manner of exercise of such functions
17affects the wages, hours, and conditions of employment of the
public safety
18employees or of the transit municipal employees in a collective bargaining unit.
AB338,81,2019
(b) This subsection applies only to municipal employees who are engaged in law
20enforcement or fire fighting functions.
AB338, s. 168
21Section
168. 111.70 (7) of the statutes is created to read:
AB338,82,422
111.70
(7) Penalty for striker. (a) Whoever violates sub. (4) (L) after an
23injunction against such a strike has been issued shall be fined $10. After the
24injunction has been issued, any employee who is absent from work because of
25purported illness shall be presumed to be on strike unless the illness is verified by
1a written report from a physician to the employer. Each day of continued violation
2constitutes a separate offense. The court shall order that any fine imposed under this
3subsection be paid by means of a salary deduction at a rate to be determined by the
4court.
AB338, s. 169
5Section
169. 111.70 (7m) (b) of the statutes is created to read:
AB338,82,176
111.70
(7m) (b)
Injunction; threat to public health or safety. At any time after
7a labor organization gives advance notice of a strike under sub. (4) (cm) which is
8expressly authorized under sub. (4) (cm), the municipal employer or any citizen
9directly affected by the strike may petition the circuit court to enjoin the strike. If
10the court finds that the strike poses an imminent threat to the public health or safety,
11the court shall, within 48 hours after the receipt of the petition but after notice to the
12parties and after holding a hearing, issue an order immediately enjoining the strike,
13and in addition shall order the parties to submit a new final offer on all disputed
14issues to the commission for final and binding arbitration as provided in sub. (4) (cm).
15The commission, upon receipt of the final offers of the parties, shall transmit them
16to the arbitrator or a successor designated by the commission. The arbitrator shall
17omit preliminary steps and shall commence immediately to arbitrate the dispute.
AB338,83,220
111.70
(7m) (c) 1. a. Any labor organization that
represents public safety or
21transit employees which violates sub. (4) (L) may not collect any dues under a
22collective bargaining agreement or under a fair-share agreement from any
23municipal employee covered by either agreement for a period of one year. At the end
24of the period of suspension, any such agreement shall be reinstated unless the labor
25organization is no longer authorized to represent the
public safety employees or
1transit municipal employees covered by the collective bargaining agreement or
2fair-share agreement or the agreement is no longer in effect.
AB338, s. 171
3Section
171. 111.70 (7m) (c) 3. of the statutes is created to read:
AB338,83,84
111.70
(7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
5otherwise participates in a strike after the issuance of any final and binding
6arbitration award or decision under sub. (4) (cm) and prior to the end of the term of
7the agreement which the award or decision amends or creates shall forfeit not less
8than $15. Each day of continued violation constitutes a separate offense.
AB338, s. 172
9Section
172. 111.70 (7m) (e) of the statutes is created to read:
AB338,83,1410
111.70
(7m) (e)
Civil liability. Any party refusing to include an arbitration
11award or decision under sub. (4) (cm) in a written collective bargaining agreement
12or failing to implement the award or decision, unless good cause is shown, shall be
13liable for attorney fees, interest on delayed monetary benefits, and other costs
14incurred in any action by the nonoffending party to enforce the award or decision.
AB338, s. 173
15Section
173. 111.70 (7m) (f) of the statutes is created to read:
AB338,83,1716
111.70
(7m) (f)
Application. This subsection does not apply to strikes involving
17municipal employees who are engaged in law enforcement or fire fighting functions.
AB338,83,2520
111.70
(8) (a) This section, except
sub. subs. (1) (nm), (4)
(cg) and (cm),
and (7m), 21applies to law enforcement supervisors employed by a 1st class city. This section,
22except
sub. subs. (1) (nm), (4) (cm) and (jm),
and (7m) applies to law enforcement
23supervisors employed by a county having a population of 500,000 or more. For
24purposes of such application, the
terms term "municipal employee"
and "public
25safety employee" include includes such a supervisor.
AB338,85,113
111.71
(2) The commission shall assess and collect a filing fee for filing a
4complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
5The commission shall assess and collect a filing fee for filing a request that the
6commission act as an arbitrator to resolve a dispute involving the interpretation or
7application of a collective bargaining agreement under s. 111.70 (4) (c) 2.
, (cg) 4., or
8(cm) 4. The commission shall assess and collect a filing fee for filing a request that
9the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
10assess and collect a filing fee for filing a request that the commission act as a
11mediator under s. 111.70 (4) (c) 1.
, (cg) 3., or (cm) 3. The commission shall assess and
12collect a filing fee for filing a request that the commission initiate compulsory, final
13and binding arbitration under s. 111.70 (4)
(cg)
(cm) 6. or (jm) or 111.77 (3). For the
14performance of commission actions under ss. 111.70 (4) (c)
1., 1m., 2.
, and 3.,
(cg) 3.,
154., and 6., (cm) 3.
and, 4.,
and 6., and (jm) and 111.77 (3), the commission shall require
16that the parties to the dispute equally share in the payment of the fee and, for the
17performance of commission actions involving a complaint alleging that a prohibited
18practice has been committed under s. 111.70 (3), the commission shall require that
19the party filing the complaint pay the entire fee. If any party has paid a filing fee
20requesting the commission to act as a mediator for a labor dispute and the parties
21do not enter into a voluntary settlement of the dispute, the commission may not
22subsequently assess or collect a filing fee to initiate fact-finding or arbitration to
23resolve the same labor dispute. If any request for the performance of commission
24actions concerns issues arising as a result of more than one unrelated event or
25occurrence, each such separate event or occurrence shall be treated as a separate
1request. The commission shall promulgate rules establishing a schedule of filing fees
2to be paid under this subsection. Fees required to be paid under this subsection shall
3be paid at the time of filing the complaint or the request for fact-finding, mediation
4or arbitration. A complaint or request for fact-finding, mediation or arbitration is
5not filed until the date such fee or fees are paid, except that the failure of the
6respondent party to pay the filing fee for having the commission initiate compulsory,
7final and binding arbitration under s. 111.70 (4)
(cg)
(cm) 6. or (jm) or 111.77 (3) may
8not prohibit the commission from initiating such arbitration. The commission may
9initiate collection proceedings against the respondent party for the payment of the
10filing fee. Fees collected under this subsection shall be credited to the appropriation
11account under s. 20.425 (1) (i).
AB338, s. 176
12Section
176. 111.71 (4) of the statutes is created to read:
AB338,85,1713
111.71
(4) The commission shall collect on a systematic basis information on
14the operation of the arbitration law under s. 111.70 (4) (cm). The commission shall
15report on the operation of the law to the legislature on an annual basis. The report
16shall be submitted to the chief clerk of each house of the legislature for distribution
17to the legislature under s. 13.172 (2).
AB338, s. 178
20Section
178. 111.71 (5) of the statutes is created to read:
AB338,86,521
111.71
(5) The commission shall, on a regular basis, provide training programs
22to prepare individuals for service as arbitrators or arbitration panel members under
23s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and
24recruitment efforts to encourage participation in the training programs by
25individuals throughout the state, including at least 10 residents of each
1congressional district. The commission may also provide training programs to
2individuals and organizations on other aspects of collective bargaining, including on
3areas of management and labor cooperation directly or indirectly affecting collective
4bargaining. The commission may charge a reasonable fee for participation in the
5programs.
AB338,86,15
10111.77 Settlement of disputes in collective bargaining units composed
11of law enforcement personnel and fire fighters. (intro.)
Municipal In fire
12departments and city and county law enforcement agencies municipal employers
13and
public safety employees, as provided in sub. (8), have the duty to bargain
14collectively in good faith including the duty to refrain from strikes or lockouts and
15to comply with the following:
AB338,86,2118
111.77
(8) (a) This section applies to
public safety employees who are law
19enforcement supervisors employed by a county having a population of 500,000 or
20more. For purposes of such application, the term "municipal employee" includes
21such a supervisor.
AB338,86,2524
111.77
(9) Section 111.70 (4) (c) 3.
, (cg), and (cm) does not apply to employments
25covered by this section.
AB338, s. 183
1Section
183. 111.80 of the statutes is created to read:
AB338,87,4
2111.80 Declaration of policy. The public policy of the state as to labor
3relations and collective bargaining in state employment, in the furtherance of which
4this subchapter is enacted, is as follows:
AB338,87,8
5(1) It recognizes that there are 3 major interests involved: that of the public,
6that of the employee, and that of the employer. These 3 interests are to a considerable
7extent interrelated. It is the policy of this state to protect and promote each of these
8interests with due regard to the situation and to the rights of the others.
AB338,87,18
9(2) Orderly and constructive employment relations for employees and the
10efficient administration of state government are promotive of all these interests.
11They are largely dependent upon the maintenance of fair, friendly, and mutually
12satisfactory employee management relations in state employment, and the
13availability of suitable machinery for fair and peaceful adjustment of whatever
14controversies may arise. It is recognized that whatever may be the rights of
15disputants with respect to each other in any controversy regarding state
16employment relations, neither party has any right to engage in acts or practices that
17jeopardize the public safety and interest and interfere with the effective conduct of
18public business.
AB338,87,24
19(3) Where permitted under this subchapter, negotiations of terms and
20conditions of state employment should result from voluntary agreement between the
21state and its agents as employer, and its employees. For that purpose an employee
22may, if the employee desires, associate with others in organizing and in bargaining
23collectively through representatives of the employee's own choosing without
24intimidations or coercion from any source.
AB338,88,7
1(4) It is the policy of this state, in order to preserve and promote the interests
2of the public, the employee, and the employer alike, to encourage the practices and
3procedures of collective bargaining in state employment subject to the requirements
4of the public service and related laws, rules, and policies governing state
5employment, by establishing standards of fair conduct in state employment
6relations, and by providing a convenient, expeditious, and impartial tribunal in
7which these interests may have their respective rights determined.
AB338,88,1910
111.81
(1) "Collective bargaining" means the performance of the mutual
11obligation of the state as an employer, by its officers and agents, and the
12representatives of its employees, to meet and confer at reasonable times, in good
13faith, with respect to the subjects of bargaining provided in s. 111.91 (1)
, with respect
14to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3),
15with respect to general employees, with the intention of reaching an agreement, or
16to resolve questions arising under such an agreement. The duty to bargain, however,
17does not compel either party to agree to a proposal or require the making of a
18concession. Collective bargaining includes the reduction of any agreement reached
19to a written and signed document.