AB338: Bill Text

AB338, s. 218 Section 218. 111.84 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,100,25 111.84 (3) It is an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by sub. subs. (1) or and (2).

AB338, s. 219 Section 219. 111.845 of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB338, s. 220 Section 220. 111.85 (1), (2) and (4) of the statutes, as affected by 2011 Wisconsin Act 10, are amended to read:

AB338,101,13 111.85 (1) (a) No fair-share or maintenance of membership agreement covering public safety employees may become effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30% of the public safety employees or supervisors specified in s. 111.825 (5) in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.

AB338,101,21 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible public safety employees or supervisors voting in a referendum shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible public safety employees or supervisors voting in a referendum shall vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible public safety employees or supervisors vote in favor of the agreement, a maintenance of membership agreement is authorized.

AB338,102,10 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employees or supervisors affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety employees or supervisors or local labor organizations which may arise for actions taken by the employer in compliance with this section. All such lawful claims, demands, suits and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB338,102,17 (d) Under each fair-share or maintenance of membership agreement, a public safety an employee or supervisor who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the public safety employee or supervisor and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

AB338,103,7 (2) (a) Once authorized, a fair-share or maintenance of membership agreement covering public safety employees shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30% of the public safety employees or supervisors in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees or supervisors required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB338,103,16 (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any public safety employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee or supervisor covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB338,103,19 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose public safety employees are entitled to vote in a referendum to conduct a referendum provided for herein.

AB338, s. 221 Section 221. 111.90 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,103,24 111.90 (2) Manage Subject to s. 111.91 (1) (am), manage the employees of a state agency; hire, promote, transfer, assign or retain employees in positions within the agency; and in that regard establish reasonable work rules.

AB338, s. 222 Section 222. 111.905 of the statutes is created to read:

AB338,104,3 111.905 Rights of consumer. (1) This subchapter does not interfere with the rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise, or discipline home care providers or to set conditions and duties of employment.

AB338,104,5 (2) A home care provider is an at will provider of home care services to a consumer, and this subchapter does not interfere with that relationship.

AB338, s. 223 Section 223. 111.91 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,104,16 111.91 (1) (a) Except as provided in pars. (b) to (d), with regard to a collective bargaining unit under s. 111.825 (1) (g) (e), matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified public safety employees to duties of a higher classification or downward reallocations of a classified public safety employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.

AB338, s. 224 Section 224. 111.91 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,104,23 111.91 (1) (b) The employer is not required to bargain with a collective bargaining unit under s. 111.825 (1) (g) on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of bargaining.

AB338, s. 225 Section 225. 111.91 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,105,2 111.91 (1) (c) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).

AB338, s. 226 Section 226. 111.91 (1) (cg) of the statutes is created to read:

AB338,105,6 111.91 (1) (cg) The representative of home care providers in the collective bargaining unit specified under s. 111.825 (2g) may not bargain collectively with respect to any matter other than wages and fringe benefits.

AB338, s. 227 Section 227. 111.91 (1) (cm) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB338,105,14 111.91 (1) (cm) Except as provided in sub. (2) (g) and (h) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40 and all actions of the employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to the public safety employees.

AB338, s. 228 Section 228. 111.91 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,105,19 111.91 (1) (d) In the case of a collective bargaining unit under s. 111.825 (1) (g), demands Demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.

AB338, s. 229 Section 229. 111.91 (1) (e) of the statutes is created to read:

AB338,105,22 111.91 (1) (e) The employer shall not be required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

AB338, s. 230 Section 230. 111.91 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,106,2 111.91 (2) (intro.) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) with respect to all of the following:

AB338, s. 231 Section 231. 111.91 (2) (fm) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB338, s. 232 Section 232. 111.91 (2) (gu) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,106,11 111.91 (2) (gu) The right of a public safety employee, who is an employee, as defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical technician, first responder, or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).

AB338, s. 233 Section 233. 111.91 (2c) of the statutes is created to read:

AB338,106,15 111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer is prohibited from bargaining with a collective bargaining unit formed under s. 111.825 (2g) on any of the following:

AB338,106,16 (a) Policies.

AB338,106,17 (b) Work rules.

AB338,106,18 (c) Hours of employment.

AB338,106,19 (d) Any right of the consumer under s. 111.905.

AB338, s. 234 Section 234. 111.91 (3) of the statutes, as affected by 2011 Wisconsin Acts 10, and 32 is repealed.

AB338, s. 235 Section 235. 111.91 (3q) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB338, s. 236 Section 236. 111.92 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,107,23 111.92 (1) (a) Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or, (2) (a) to (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB338, s. 237 Section 237. 111.92 (2m) of the statutes is created to read:

AB338,108,2 111.92 (2m) A collective bargaining agreement entered into by a collective bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2011.

AB338, s. 238 Section 238. 111.92 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 111.92 (3) and amended to read:

AB338,108,6 111.92 (3) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) shall coincide with the fiscal year or biennium.

AB338, s. 239 Section 239. 111.92 (3) (b) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB338, s. 240 Section 240. 111.93 (3) (intro.) and (a) of the statutes, as affected by 2011 Wisconsin Act 10, are consolidated, renumbered 111.93 (3) and amended to read:

AB338,108,19 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), all of the following apply: (a) If if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB338, s. 241 Section 241. 111.93 (3) (b) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB338, s. 242 Section 242. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is created to read:

AB338,108,24 CHAPTER 111

AB338,108,25 SUBCHAPTER VI

AB338,109,3 UNIVERSITY OF WISCONSIN SYSTEM FACULTY AND ACADEMIC STAFF LABOR RELATIONS

AB338,109,7 111.95 Declaration of policy. The public policy of the state as to labor relations and collective bargaining involving faculty and academic staff at the University of Wisconsin System, in furtherance of which this subchapter is enacted, is as follows:

AB338,109,10 (1) The people of the state of Wisconsin have a fundamental interest in developing harmonious and cooperative labor relations within the University of Wisconsin System.

AB338,109,14 (2) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the rights of the others.

AB338,109,15 111.96 Definitions. In this subchapter:

AB338,109,18 (1) "Academic staff" means academic staff under s. 36.15, but does not include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is appointed to a visiting faculty position.

AB338,109,19 (2) "Board" means the Board of Regents of the University of Wisconsin System.

AB338,110,2 (3) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.998 with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB338,110,3 (4) "Collective bargaining unit" means a unit established under s. 111.98 (1).

AB338,110,4 (5) "Commission" means the employment relations commission.

AB338,110,7 (6) "Election" means a proceeding conducted by the commission in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in this subchapter.

AB338,110,8 (7) "Employee" includes:

AB338,110,11 (a) All faculty, including specifically faculty who are supervisors or management employees, but not including faculty holding a limited appointment under s. 36.17 or deans.

AB338,110,14 (b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.

AB338,110,15 (8) "Employer" means the state of Wisconsin.

AB338,110,17 (9) "Faculty" means faculty under s. 36.13, except for an individual holding an appointment under s. 36.15.

AB338,110,22 (10) "Fair-share agreement" means an agreement between the employer and a labor organization representing employees under which all of the employees in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

AB338,110,23 (11) "Institution" has the meaning given in s. 36.05 (9).

AB338,110,25 (12) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.

AB338,111,4 (13) "Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment, but does not include any organization that does any of the following:

AB338,111,6 (a) Advocates the overthrow of the constitutional form of government in the United States.

AB338,111,8 (b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.

AB338,111,15 (14) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.992 at or after the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB338,111,17 (15) "Management employees" includes those personnel engaged predominately in executive and managerial functions.

AB338,111,19 (16) "Office" means the office of state employment relations in the department of administration.

AB338,111,24 (17) "Referendum" means a proceeding conducted by the commission in which employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share agreement or to terminate a fair-share agreement.

AB338,112,2 (18) "Representative" includes any person chosen by an employee to represent the employee.

AB338,112,6 (19) "Strike" includes any strike or other concerted stoppage of work by employees, any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal to work or perform their usual duties as employees of the state.

AB338,112,12 (20) "Supervisor" means any individual whose principal work is different from that of the individual's subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees, or to adjust their grievances, or to authoritatively recommend such action, if the individual's exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

AB338,112,14 (21) "Unfair labor practice" means any unfair labor practice specified in s. 111.991.

AB338,112,22 111.965 Duties of the state. (1) In the furtherance of this subchapter, the state shall be considered as a single employer. The board shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the board shall maintain close liaison with the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The board shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the board that require legislative action.

AB338,112,25 (2) The board shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The board shall coordinate its actions with the director of the office.

AB338,113,6 111.97 Rights of employees. Employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees shall also have the right to refrain from any such activities.