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15111.96 Definitions. In this subchapter:
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16(1) "Academic staff" means academic staff under s. 36.15, but does not include
17any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is
18appointed to a visiting faculty position.
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19(2) "Board" means the Board of Regents of the University of Wisconsin System.
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20(3) "Collective bargaining" means the performance of the mutual obligation of
21the state as an employer, by its officers and agents, and the representatives of its
22employees, to meet and confer at reasonable times, in good faith, with respect to the
23subjects of bargaining provided in s. 111.998 with the intention of reaching an
24agreement, or to resolve questions arising under such an agreement. The duty to
25bargain, however, does not compel either party to agree to a proposal or require the
1making of a concession. Collective bargaining includes the reduction of any
2agreement reached to a written and signed document.
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3(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
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4(5) "Commission" means the employment relations commission.
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5(6) "Election" means a proceeding conducted by the commission in which the
6employees in a collective bargaining unit cast a secret ballot for collective bargaining
7representatives, or for any other purpose specified in this subchapter.
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8(7) "Employee" includes:
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(a) All faculty, including specifically faculty who are supervisors or
10management employees, but not including faculty holding a limited appointment
11under s. 36.17 or deans.
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(b) All academic staff, except for supervisors, management employees, and
13individuals who are privy to confidential matters affecting the employer-employee
14relationship.
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15(8) "Employer" means the state of Wisconsin.
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16(9) "Faculty" means faculty under s. 36.13, except for an individual holding an
17appointment under s. 36.15.
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18(10) "Fair-share agreement" means an agreement between the employer and
19a labor organization representing employees under which all of the employees in a
20collective bargaining unit are required to pay their proportionate share of the cost
21of the collective bargaining process and contract administration measured by the
22amount of dues uniformly required of all members.
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23(11) "Institution" has the meaning given in s. 36.05 (9).
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24(12) "Labor dispute" means any controversy with respect to the subjects of
25bargaining provided in this subchapter.
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1(13) "Labor organization" means any employee organization whose purpose is
2to represent employees in collective bargaining with the employer, or its agents, on
3matters pertaining to terms and conditions of employment, but does not include any
4organization that does any of the following:
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(a) Advocates the overthrow of the constitutional form of government in the
6United States.
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(b) Discriminates with regard to the terms or conditions of membership
8because of race, color, creed, sex, age, sexual orientation, or national origin.
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9(14) "Maintenance of membership agreement" means an agreement between
10the employer and a labor organization representing employees that requires that all
11of the employees whose dues are being deducted from earnings under s. 20.921 (1)
12or 111.992 at or after the time the agreement takes effect shall continue to have dues
13deducted for the duration of the agreement and that dues shall be deducted from the
14earnings of all employees who are hired on or after the effective date of the
15agreement.
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16(15) "Management employees" includes those personnel engaged
17predominately in executive and managerial functions.
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18(16) "Office" means the office of state employment relations in the department
19of administration.
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20(17) "Referendum" means a proceeding conducted by the commission in which
21employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
22may cast a secret ballot on the question of directing the labor organization and the
23employer to enter into a fair-share agreement or to terminate a fair-share
24agreement.
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1(18) "Representative" includes any person chosen by an employee to represent
2the employee.
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3(19) "Strike" includes any strike or other concerted stoppage of work by
4employees, any concerted slowdown or other concerted interruption of operations or
5services by employees, or any concerted refusal to work or perform their usual duties
6as employees of the state.
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7(20) "Supervisor" means any individual whose principal work is different from
8that of the individual's subordinates and who has authority, in the interest of the
9employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
10reward, or discipline employees, or to adjust their grievances, or to authoritatively
11recommend such action, if the individual's exercise of such authority is not of a
12merely routine or clerical nature, but requires the use of independent judgment.
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13(21) "Unfair labor practice" means any unfair labor practice specified in s.
14111.991.
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15111.965 Duties of the state. (1) In the furtherance of this subchapter, the
16state shall be considered as a single employer. The board shall negotiate and
17administer collective bargaining agreements. To coordinate the employer position
18in the negotiation of agreements, the board shall maintain close liaison with the
19office relative to the negotiation of agreements and the fiscal ramifications of those
20agreements. The board shall coordinate its collective bargaining activities with the
21office. The legislative branch shall act upon those portions of tentative agreements
22negotiated by the board that require legislative action.
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23(2) The board shall establish a collective bargaining capacity and shall
24represent the state in its responsibility as an employer under this subchapter. The
25board shall coordinate its actions with the director of the office.
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1111.97 Rights of employees. Employees shall have the right of
2self-organization and the right to form, join, or assist labor organizations, to bargain
3collectively through representatives of their own choosing under this subchapter,
4and to engage in lawful, concerted activities for the purpose of collective bargaining
5or other mutual aid or protection. Employees shall also have the right to refrain from
6any such activities.
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7111.98 Collective bargaining units.
(1) Collective bargaining units for
8faculty and staff shall be structured with a collective bargaining unit for each of the
9following groups:
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(a) Faculty of the University of Wisconsin-Madison.
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(b) Faculty of the University of Wisconsin-Milwaukee.
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(c) Faculty of the University of Wisconsin-Extension.
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(cm) Faculty of the University of Wisconsin-Eau Claire.
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(d) Faculty of the University of Wisconsin-Green Bay.
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(dm) Faculty of the University of Wisconsin-La Crosse.
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(e) Faculty of the University of Wisconsin-Oshkosh.
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(em) Faculty of the University of Wisconsin-Parkside.
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(f) Faculty of the University of Wisconsin-Platteville.
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(fm) Faculty of the University of Wisconsin-River Falls.
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(g) Faculty of the University of Wisconsin-Stevens Point.
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(gm) Faculty of the University of Wisconsin-Stout.
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(h) Faculty of the University of Wisconsin-Superior.
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(hm) Faculty of the University of Wisconsin-Whitewater.
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(i) Faculty of the University of Wisconsin Colleges.
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(j) Academic staff of the University of Wisconsin-Madison.
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1(jk) Academic staff employed at the University of Wisconsin System
2administration.
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(jm) Academic staff of the University of Wisconsin-Milwaukee.
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(k) Academic staff of the University of Wisconsin-Extension.
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(km) Academic staff of the University of Wisconsin-Eau Claire.
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(L) Academic staff of the University of Wisconsin-Green Bay.
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(Lm) Academic staff of the University of Wisconsin-La Crosse.
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(n) Academic staff of the University of Wisconsin-Oshkosh.
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(nm) Academic staff of the University of Wisconsin-Parkside.
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(o) Academic staff of the University of Wisconsin-Platteville.
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(om) Academic staff of the University of Wisconsin-River Falls.
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(p) Academic staff of the University of Wisconsin-Stevens Point.
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(pm) Academic staff of the University of Wisconsin-Stout.
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(q) Academic staff of the University of Wisconsin-Superior.
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(qm) Academic staff of the University of Wisconsin-Whitewater.
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(r) Academic staff of the University of Wisconsin Colleges.
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17(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
18under sub. (1) (a) to (r) may be combined into a single unit. If 2 or more collective
19bargaining units seek to combine into a single collective bargaining unit, the
20commission shall, upon the petition of at least 30 percent of the employees in each
21unit, hold an election, or include on any ballot for an election held under s. 111.990
22(2) the question of whether to combine units, to determine whether a majority of
23those employees voting in each unit desire to combine into a single unit. A combined
24collective bargaining unit shall be formed including all employees from each of those
25units in which a majority of the employees voting in the election approve a combined
1unit. The combined collective bargaining unit shall be formed immediately if there
2is no existing collective bargaining agreement in force in any of the units to be
3combined. If there is a collective bargaining agreement in force at the time of the
4election in any of the collective bargaining units to be combined, the combined unit
5shall be formed upon expiration of the last agreement for the units concerned.
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(b) If 2 or more collective bargaining units have combined under par. (a), the
7commission shall, upon petition of at least 30 percent of the employees in any of the
8original units, hold an election of the employees in the original unit to determine
9whether the employees in that unit desire to withdraw from the combined collective
10bargaining unit. If a majority of the employees voting desire to withdraw from the
11combined collective bargaining unit, separate units consisting of the unit in which
12the election was held and a unit composed of the remainder of the combined unit shall
13be formed. The new collective bargaining units shall be formed immediately if there
14is no collective bargaining agreement in force for the combined unit. If there is a
15collective bargaining agreement in force for the combined collective bargaining unit,
16the new units shall be formed upon the expiration of the agreement. While there is
17a collective bargaining agreement in force for the combined collective bargaining
18unit, a petition for an election under this paragraph may be filed only during October
19in the calendar year prior to the expiration of the agreement.
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20(4) Any labor organization may petition for recognition as the exclusive
21representative of a collective bargaining unit described under sub. (1) or (2) in
22accordance with the election procedures under s. 111.990 if the petition is
23accompanied by a 30 percent showing of interest in the form of signed authorization
24cards. Any additional labor organization seeking to appear on the ballot shall file a
25petition within 60 days of the date of filing of the original petition and prove, through
1signed authorization cards, that at least 10 percent of the employees in the collective
2bargaining unit want it to be their representative.
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3(5) Although academic staff supervisors are not considered employees for the
4purpose of this subchapter, the commission may consider a petition for a statewide
5collective bargaining unit consisting of academic staff supervisors, but the
6representative of the supervisors may not be affiliated with any labor organization
7representing employees. For purposes of this subsection, affiliation does not include
8membership in a national, state, county, or municipal federation of national or
9international labor organizations. The certified representative of the supervisors
10may not bargain collectively with respect to any matter other than wages and fringe
11benefits.
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12111.990 Representatives and elections.
(1) A representative chosen for the
13purposes of collective bargaining by a majority of the employees voting in a collective
14bargaining unit shall be the exclusive representative of all of the employees in such
15unit for the purposes of collective bargaining. Any individual employee, or any
16minority group of employees in any collective bargaining unit, may present any
17grievance to the employer in person, or through representatives of their own
18choosing, and the employer shall confer with the individual employee or group of
19employees with respect to the grievance if the majority representative has been
20afforded the opportunity to be present at the conference. Any adjustment resulting
21from such a conference may not be inconsistent with the conditions of employment
22established by the majority representative and the employer.
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23(2) (a) Whenever a question arises concerning the representation of employees
24in a collective bargaining unit, the commission shall determine the representation
25by taking a secret ballot of the employees and certifying in writing the results to the
1interested parties. There shall be included on any ballot for the election of
2representatives the names of all labor organizations having an interest in
3representing the employees participating in the election as indicated in petitions
4filed with the commission. The name of any existing representative shall be included
5on the ballot without the necessity of filing a petition. The commission may exclude
6from the ballot one who, at the time of the election, stands deprived of his or her rights
7under this subchapter by reason of a prior adjudication of his or her having engaged
8in an unfair labor practice. The ballot shall be so prepared as to permit a vote against
9representation by anyone named on the ballot.
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(b) 1. Except as provided in subd. 2., for elections in a collective bargaining unit
11composed of employees who are members of the faculty or academic staff, whenever
12more than one representative qualifies to appear on the ballot, the ballot shall be so
13prepared as to provide separate votes on 2 questions. The first question shall be:
14"Shall the employees of the .... (name of collective bargaining unit) participate in
15collective bargaining?" The 2nd question shall be: "If the employees of the .... (name
16of collective bargaining unit) elect to participate in collective bargaining, which labor
17organization do you favor to act as representative of the employees?" The 2nd
18question shall not include a choice for no representative. All employees in the
19collective bargaining unit may vote on both questions. Unless a majority of those
20employees voting in the election vote to participate in collective bargaining, no votes
21for a particular representative may be counted. If a majority of those employees
22voting in the election vote to participate in collective bargaining, the ballots for
23representatives shall be counted.
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2. For elections in a collective bargaining unit composed of employees who are
25members of the faculty or academic staff, whenever more than one representative
1qualifies to appear on the ballot and a question of whether to combine collective
2bargaining units as permitted under s. 111.98 (2) (a) qualifies to appear on the ballot,
3the ballot shall be so prepared as to provide separate votes on 3 questions and each
4ballot shall identify the collective bargaining unit to which each voter currently
5belongs. The first question shall be: "Shall the employees of the .... (name of the
6voter's current collective bargaining unit) participate in collective bargaining?" The
72nd question shall be "Shall the employees of the .... (names of all of the collective
8bargaining units that qualify to appear on the ballot, including the name of the
9voter's current collective bargaining unit) combine to participate in collective
10bargaining?" The 3rd question shall be: "If the employees of the .... (name of the
11voter's current collective bargaining unit) elect to participate in collective
12bargaining, which labor organization do you favor to act as representative of the
13employees?" The 3rd question shall not include a choice for no representative. All
14employees in the collective bargaining unit may vote on all questions. Unless a
15majority of those employees voting in the election vote to participate in collective
16bargaining, no votes for combination or for a particular representative may be
17counted. If a majority of those employees voting in the election vote to participate
18in collective bargaining, the ballots for combination shall be counted. If the ballots
19for combination are counted and a majority of those employees voting from each
20collective bargaining unit listed in the 2nd question on the ballot vote to combine,
21then the ballots for representatives of the combined collective bargaining unit shall
22be counted. If the ballots for combination are counted and a majority of those
23employees voting from each collective bargaining unit listed in the 2nd question on
24the ballot do not vote to combine, then the ballots for representatives of each current
25collective bargaining unit shall be counted.
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1(c) The commission's certification of the results of any election is conclusive as
2to the findings included therein unless reviewed under s. 111.07 (8).
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3(3) Whenever an election has been conducted under sub. (2) in which the ballots
4for representatives have been counted but in which no named representative is
5favored by a majority of the employees voting, the commission may, if requested by
6a party to the proceeding within 30 days from the date of the certification of the
7results of the election, conduct a runoff election. In that runoff election, the
8commission shall drop from the ballot the name of the representative who received
9the least number of votes at the original election.
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10(4) While a collective bargaining agreement between a labor organization and
11an employer is in force under this subchapter, a petition for an election in the
12collective bargaining unit to which the agreement applies may be filed only during
13October in the calendar year prior to the expiration of that agreement. An election
14held under that petition may be held only if the petition is supported by proof that
15at least 30 percent of the employees in the collective bargaining unit desire a change
16or discontinuance of existing representation. Within 60 days of the time that an
17original petition is filed, another petition may be filed supported by proof that at least
1810 percent of the employees in the same collective bargaining unit desire a different
19representative. If a majority of the employees in the collective bargaining unit vote
20for a change or discontinuance of representation by any named representative, the
21decision takes effect upon expiration of any existing collective bargaining agreement
22between the employer and the existing representative.
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23111.991 Unfair labor practices. (1) It is an unfair labor practice for an
24employer individually or in concert with others:
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1(a) To interfere with, restrain, or coerce employees in the exercise of their rights
2guaranteed under s. 111.97.
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(b) Except as otherwise provided in this paragraph, to initiate, create,
4dominate, or interfere with the formation or administration of any labor or employee
5organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
6(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
7System under ch. 40 and no action by the employer that is authorized by such a law
8is a violation of this paragraph unless an applicable collective bargaining agreement
9specifically prohibits the change or action. No such change or action affects the
10continuing duty to bargain collectively regarding the Wisconsin Retirement System
11under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
12for the employer to reimburse an employee at his or her prevailing wage rate for the
13time spent during the employee's regularly scheduled hours conferring with the
14employer's officers or agents and for attendance at commission or court hearings
15necessary for the administration of this subchapter.
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(c) To encourage or discourage membership in any labor organization by
17discrimination in regard to hiring, tenure, or other terms or conditions of
18employment. This paragraph does not apply to fair-share or maintenance of
19membership agreements.
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(d) To refuse to bargain collectively on matters set forth in s. 111.998 with a
21representative of a majority of its employees in an appropriate collective bargaining
22unit. Whenever the employer has a good faith doubt as to whether a labor
23organization claiming the support of a majority of its employees in an appropriate
24collective bargaining unit does in fact have that support, it may file with the
25commission a petition requesting an election as to that claim. The employer is not
1considered to have refused to bargain until an election has been held and the results
2of the election are certified to the employer by the commission. A violation of this
3paragraph includes the refusal to execute a collective bargaining agreement
4previously orally agreed upon.
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(e) To violate any collective bargaining agreement previously agreed upon by
6the parties with respect to wages, hours, and conditions of employment affecting the
7employees, including an agreement to arbitrate or to accept the terms of an
8arbitration award, when previously the parties have agreed to accept such award as
9final and binding upon them.
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(f) To deduct labor organization dues from an employee's earnings, unless the
11employer has been presented with an individual order therefor, signed by the
12employee personally, and terminable by at least the end of any year of its life or
13earlier by the employee giving at least 30 but not more than 120 days' written notice
14of such termination to the employer and to the representative labor organization,
15except if there is a fair-share or maintenance of membership agreement in effect.
16The employer shall give notice to the labor organization of receipt of such notice of
17termination.
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(g) To use any moneys received for any purpose to discourage, to train any
19supervisor, management employee, or other employee to discourage, or to contract
20with any person for the purposes of discouraging, employees in the exercise of their
21rights guaranteed under s. 111.97.
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22(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
23to implement changes in salaries or conditions of employment for members of the
24faculty or academic staff at one institution, and not for other members of the faculty
25or academic staff at another institution, but this may be done only if the differential
1treatment is based on comparisons with the compensation and working conditions
2of employees performing similar services for comparable higher education
3institutions or based upon other competitive factors.
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4(2) It is unfair practice for an employee individually or in concert with others:
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(a) To coerce or intimidate an employee in the enjoyment of the employee's legal
6rights, including those guaranteed under s. 111.97.
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(b) To coerce, intimidate, or induce any officer or agent of the employer to
8interfere with any of the employer's employees in the enjoyment of their legal rights
9including those guaranteed under s. 111.97 or to engage in any practice with regard
10to its employees which would constitute an unfair labor practice if undertaken by the
11officer or agent on the officer's or agent's own initiative.
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(c) To refuse to bargain collectively on matters specified in s. 111.998 with the
13authorized officer or agent of the employer that is the recognized or certified
14exclusive collective bargaining representative of employees in an appropriate
15collective bargaining unit. Such refusal to bargain shall include a refusal to execute
16a collective bargaining agreement previously orally agreed upon.
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(d) To violate the provisions of any written agreement with respect to terms and
18conditions of employment affecting employees, including an agreement to arbitrate
19or to accept the terms of an arbitration award, when previously the parties have
20agreed to accept such awards as final and binding upon them.
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(e) To engage in, induce, or encourage any employees to engage in a strike or
22a concerted refusal to work or perform their usual duties as employees.
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(f) To coerce or intimidate a supervisory employee, officer, or agent of the
24employer, working at the same trade or profession as the employer's employees, to
1induce the person to become a member of or act in concert with the labor organization
2of which the employee is a member.
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3(3) It is an unfair labor practice for any person to do or cause to be done on
4behalf of or in the interest of employers or employees, or in connection with or to
5influence the outcome of any controversy as to employment relations, any act
6prohibited by subs. (1) and (2).