AB338,138,119
111.998
(1) (e) Demands relating to retirement and group insurance shall be
10submitted to the board
or to the University of Wisconsin-Madison, whichever is
11appropriate, at least one year prior to commencement of negotiations.
AB338, s. 251
12Section
251. 111.998 (1) (f) of the statutes, as created by 2011 Wisconsin Act
13.... (this act), is amended to read:
AB338,138,1614
111.998
(1) (f)
The Neither the board
nor the University of Wisconsin-Madison 15is
not required to bargain on matters related to employee occupancy of houses or
16other lodging provided by the state.
AB338, s. 252
17Section
252. 111.998 (2) (intro.) of the statutes, as created by 2011 Wisconsin
18Act .... (this act), is amended to read:
AB338,138,2019
111.998
(2) (intro.) The board
is
and the University of Wisconsin-Madison are 20prohibited from bargaining on:
AB338, s. 253
21Section
253. 111.999 of the statutes, as created by 2011 Wisconsin Act .... (this
22act), is renumbered 111.999 (1) and amended to read:.
AB338,139,423
111.999
(1) The With respect to a collective bargaining unit specified in s.
24111.98 (1) (b) to (i) or (jk) to (r), the board shall notify and consult with the joint
25committee on employment relations, in such form and detail as the committee
1requests, regarding substantial changes in wages, employee benefits, personnel
2management, and program policy contract provisions to be included in any contract
3proposal to be offered to any labor organization by the state or to be agreed to by the
4state before such proposal is actually offered or accepted.
AB338, s. 254
5Section
254. 111.999 (2) of the statutes is created to read:
AB338,139,126
111.999
(2) With respect to a collective bargaining unit specified in s. 111.98 (1)
7(a) or (j), the University of Wisconsin-Madison shall notify and consult with the joint
8committee on employment relations, in such form and detail as the committee
9requests, regarding substantial changes in wages, employee benefits, personnel
10management, and program policy contract provisions to be included in any contract
11proposal to be offered to any labor organization or to be agreed to before such proposal
12is actually offered or accepted.
AB338, s. 255
13Section
255. 111.9991 (1) of the statutes, as created by 2011 Wisconsin Act ....
14(this act), is renumbered 111.9991 (1) (a) and amended to read:
AB338,139,2015
111.9991
(1) (a) Any tentative agreement reached between the board, acting for
16the state, and any labor organization representing a collective bargaining unit
17specified in s. 111.98
(1) (b) to (i) or (jk) to (r) shall, after official ratification by the
18labor organization, be submitted by the board to the joint committee on employment
19relations, which shall hold a public hearing before determining its approval or
20disapproval.
AB338,140,12
21(c) If the committee approves
the
a tentative agreement
under par. (a) or (b),
22it shall introduce in a bill or companion bills, to be put on the calendar or referred
23to the appropriate scheduling committee of each house, that portion of the tentative
24agreement which requires legislative action for implementation, such as salary and
25wage adjustments, changes in fringe benefits, and any proposed amendments,
1deletions, or additions to existing law. Such bill or companion bills are not subject
2to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however,
3submit suitable portions of the tentative agreement to appropriate legislative
4committees for advisory recommendations on the proposed terms. The committee
5shall accompany the introduction of such proposed legislation with a message that
6informs the legislature of the committee's concurrence with the matters under
7consideration and that recommends the passage of such legislation without change.
8If the joint committee on employment relations does not approve the tentative
9agreement, it shall be returned to the parties for renegotiation. If the legislature
10does not adopt without change that portion of the tentative agreement introduced by
11the joint committee on employment relations, the tentative agreement shall be
12returned to the parties for renegotiation.
AB338, s. 256
13Section
256. 111.9991 (1) (b) of the statutes is created to read:
AB338,140,1914
111.9991
(1) (b) Any tentative agreement reached between the University of
15Wisconsin-Madison, acting for the state, and any labor organization representing a
16collective bargaining unit specified in s. 111.98 (1) (a) or (j) shall, after official
17ratification by the labor organization, be submitted by the University of
18Wisconsin-Madison to the joint committee on employment relations, which shall
19hold a public hearing before determining its approval or disapproval.
AB338, s. 257
20Section
257. 118.22 (4) of the statutes is created to read:
AB338,140,2421
118.22
(4) A collective bargaining agreement may modify, waive, or replace any
22of the provisions of this section as they apply to teachers in the collective bargaining
23unit, but neither the employer nor the bargaining agent for the employees is required
24to bargain such modification, waiver, or replacement.
AB338, s. 259
3Section
259. 118.23 (5) of the statutes is created to read:
AB338,141,74
118.23
(5) A collective bargaining agreement may modify, waive, or replace any
5of the provisions of this section as they apply to teachers in the collective bargaining
6unit, but neither the employer nor the bargaining agent for the employees is required
7to bargain such modification, waiver, or replacement.
AB338,141,1812
118.40
(2r) (b) 3. a. Delegate to the governing board of the charter school the
13board of regents' authority to establish and adjust all compensation
and fringe
14benefits of instructional staff, subject to the terms of any collective bargaining
15agreement under subch. V of ch. 111 that covers the instructional staff. In the
16absence of a collective bargaining agreement, the governing board may establish and
17adjust all compensation
and fringe benefits of the instructional staff only with the
18approval of the chancellor of the University of Wisconsin-Parkside.
AB338,141,2221
118.42
(3) (a) 4. Implement changes in administrative and personnel
22structures
that are consistent with applicable collective bargaining agreements.
AB338,142,3
1118.42
(5) Nothing in this section alters or otherwise affects the rights or
2remedies afforded school districts and school district employees under federal or
3state law
or under the terms of any applicable collective bargaining agreement.
AB338,142,146
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
766.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
8115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07,
9118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153,
10118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
118.223, 118.225, 118.24
11(1), (2) (c) to (f), (6), (8), and (10),
118.245, 118.255, 118.258, 118.291, 118.30 to 118.43,
12118.46, 118.51, 118.52, 118.55, 120.12
(4m), (5)
, and (15) to (27), 120.125, 120.13 (1),
13(2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21
14(3), and 120.25 are applicable to a 1st class city school district and board.
AB338,142,2519
120.12
(15) School hours. Establish rules scheduling the hours of a normal
20school day. The school board may differentiate between the various elementary and
21high school grades in scheduling the school day. The equivalent of 180 such days, as
22defined in s. 115.01 (10), shall be held during the school term.
This subsection does
23not eliminate a school district's duty to bargain with the employee's collective
24bargaining representative over any calendaring proposal that is primarily related to
25wages, hours, or conditions of employment.
AB338,143,193
120.18
(1) (gm) Payroll and related benefit costs for all school district
4employees in the previous school year.
Payroll costs
Costs for represented employees
5shall be based upon the costs
of wages of any collective bargaining agreements
6covering such employees for the previous school year. If, as of the time specified by
7the department for filing the report, the school district has not entered into a
8collective bargaining agreement for any portion of the previous school year with the
9recognized or certified representative of any of its employees
and the school district
10and the representative have been required to submit final offers under s. 111.70 (4)
11(cm) 6., increased costs
of wages limited to the lower of the school district's offer or
12the representative's offer shall be reflected in the report
shall be equal to the
13maximum wage expenditure that is subject to collective bargaining under s. 111.70
14(4) (mb) 2. for the employees. The school district shall amend the annual report to
15reflect any change in such costs as a result of any
collective bargaining agreement
16entered into award or settlement under s. 111.70 (4) (cm) 6. between the date of filing
17the report and October 1. Any such amendment shall be concurred in by the certified
18public accountant licensed or certified under ch. 442 certifying the school district
19audit.
AB338,143,2322
230.01
(3) Nothing in this chapter shall be construed to either infringe upon
23or supersede the rights guaranteed state employees under subch. V
or VI of ch. 111.
AB338,144,10
1230.03
(3) "Agency" means any board, commission, committee, council, or
2department in state government or a unit thereof created by the constitution or
3statutes if such board, commission, committee, council, department, unit, or the
4head thereof, is authorized to appoint subordinate staff by the constitution or
5statute, except a legislative or judicial board, commission, committee, council,
6department, or unit thereof or an authority created under subch. II of ch. 114 or
7subch. III of ch. 149 or under ch.
52, 231, 232, 233, 234, 235, 237, 238, or 279.
8"Agency" does not mean any local unit of government or body within one or more local
9units of government that is created by law or by action of one or more local units of
10government.
AB338,144,1413
230.046
(10) (a) Conduct off-the-job employee development and training
14programs relating to functions under this chapter or subch. V
or VI of ch. 111.
AB338,144,2317
230.10
(1) Except as provided under sub. (2), the compensation plan provisions
18of s. 230.12 apply to all employees of the classified service
. If an employee is covered
19under a collective bargaining agreement under subch. V of ch. 111, the compensation
20plan provisions of s. 230.12 apply to that employee, except for those provisions
21relating to matters that are subject to bargaining under a collective bargaining
22agreement that covers the employee, unless they are covered by a collective
23bargaining agreement under subch. V of ch. 111.
AB338,145,24
1230.12
(3) (e) 1. The director, after receiving recommendations from the board
2of regents, shall submit to the joint committee on employment relations a proposal
3for adjusting compensation and employee benefits for employees under ss. 20.923
4(4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining
5unit under subch. V
or VI of ch. 111 for which a representative is certified. The
6proposal shall include the salary ranges and adjustments to the salary ranges for the
7university senior executive salary groups 1 and 2 established under s. 20.923 (4g).
8The proposal shall be based upon the competitive ability of the board of regents to
9recruit and retain qualified faculty and academic staff, data collected as to rates of
10pay for comparable work in other public services, universities and commercial and
11industrial establishments, recommendations of the board of regents and any special
12studies carried on as to the need for any changes in compensation and employee
13benefits to cover each year of the biennium. The proposal shall also take proper
14account of prevailing pay rates, costs and standards of living and the state's
15employment policies. The proposal for such pay adjustments may contain
16recommendations for across-the-board pay adjustments, merit or other
17adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
18shall apply to the process for approval of all pay adjustments for such employees
19under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved
20by the joint committee on employment relations and the governor shall be based
21upon a percentage of the budgeted salary base for such employees under ss. 20.923
22(4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit
23and adjustments other than across-the-board pay adjustments is available for
24discretionary use by the board of regents.
AB338,146,113
230.34
(1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
4status in class in the classified service and all employees who have served with the
5state as an assistant district attorney for a continuous period of 12 months or more
,
6except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit
7for which a representative is recognized or certified, or for employees specified in s.
8111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is
9certified, if a collective bargaining agreement is in effect covering employees in the
10collective bargaining unit, the provisions of the collective bargaining agreement
11govern just cause and all aspects of the appeal procedure.
AB338,146,2014
230.35
(1s) Annual leave of absence with pay for instructional staff employed
15by the board of regents of the University of Wisconsin System who provide services
16for a charter school established by contract under s. 118.40 (2r) (cm) shall be
17determined by the governing board of the charter school established by contract
18under s. 118.40 (2r) (cm), as approved by the chancellor of the University of
19Wisconsin-Parkside
and subject to the terms of any collective bargaining agreement
20under subch. V of ch. 111 covering the instructional staff.
AB338,147,223
230.35
(2d) (e) For employees who are included in a collective bargaining unit
24for which a representative is recognized or certified under subch. V
or VI of ch. 111,
1this subsection shall apply unless otherwise provided in a collective bargaining
2agreement.
AB338,147,85
230.35
(3) (e) 6. For employees who are included in a collective bargaining unit
6for which a representative is recognized or certified under subch. V
or VI of ch. 111,
7this paragraph shall apply unless otherwise provided in a collective bargaining
8agreement.
AB338,147,1911
230.88
(2) (b) No collective bargaining agreement supersedes the rights of an
12employee under this subchapter. However, nothing in this subchapter affects any
13right of an employee to pursue a grievance procedure under a collective bargaining
14agreement under subch. V
or VI of ch. 111, and if the division of equal rights
15determines that a grievance arising under such a collective bargaining agreement
16involves the same parties and matters as a complaint under s. 230.85, it shall order
17the arbitrator's final award on the merits conclusive as to the rights of the parties
18to the complaint, on those matters determined in the arbitration which were at issue
19and upon which the determination necessarily depended.
AB338, s. 278
20Section
278. 233.02 (1) (h) of the statutes is created to read:
AB338,148,221
233.02
(1) (h) Two nonvoting members appointed by the governor, one of whom
22shall be an employee or a representative of a labor organization recognized or
23certified to represent employees in one of the collective bargaining units specified in
24s. 111.05 (5) (a) and one of whom shall be an employee or a representative of a labor
1organization recognized or certified to represent employees in one of the collective
2bargaining units specified in s. 111.825 (1m).
AB338,148,135
233.02
(8) The members of the board of directors shall annually elect a
6chairperson and may elect other officers as they consider appropriate. Eight
voting 7members of the board of directors constitute a quorum for the purpose of conducting
8the business and exercising the powers of the authority, notwithstanding the
9existence of any vacancy. The members of the board of directors specified under sub.
10(1) (c) and (g) may not be the chairperson of the board of directors for purposes of
1995
11Wisconsin Act 27, section
9159 (2). The board of directors may take action upon a vote
12of a majority of the members present, unless the bylaws of the authority require a
13larger number.
AB338,148,2116
233.03
(7) Subject to s. 233.10 and ch. 40 and
1995 Wisconsin Act 27, section
179159 (4) and the duty to engage in collective bargaining with employees in a collective
18bargaining unit for which a representative is recognized or certified under subch. I
19of ch. 111, employ any agent, employee or special advisor that the authority finds
20necessary and fix his or her compensation and provide any employee benefits,
21including an employee pension plan.
AB338,149,224
233.10
(2) (intro.) Subject to subs. (3), (3r)
, and (3t) and ch. 40
and the duty to
25engage in collective bargaining with employees in a collective bargaining unit for
1which a representative is recognized or certified under subch. I of ch. 111, the
2authority shall establish any of the following:
AB338,149,65
281.75
(4) (b) 3. An authority created under subch. II of ch. 114 or ch.
52, 231,
6233, 234, 237, or 238.
AB338,149,189
285.59
(1) (b) "State agency" means any office, department, agency, institution
10of higher education, association, society or other body in state government created
11or authorized to be created by the constitution or any law which is entitled to expend
12moneys appropriated by law, including the legislature and the courts, the Wisconsin
13Housing and Economic Development Authority, the Bradley Center Sports and
14Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
15Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
16Authority,
the Wisconsin Quality Home Care Authority, the Wisconsin Economic
17Development Corporation, and the Wisconsin Health and Educational Facilities
18Authority.
AB338,149,2321
704.31
(3) This section does not apply to a lease to which a local professional
22baseball park district created under subch. III of ch. 229
, the Wisconsin Quality
23Home Care Authority, or the Fox River Navigational System Authority is a party.
AB338,150,5
1851.71
(4) In counties having a population of 500,000 or more, the appointment
2under subs. (1) and (2) shall be made as provided in those subsections but the judges
3shall not remove the register in probate and deputy registers, except through charges
4for dismissal made and sustained under s. 63.10
or an applicable collective
5bargaining agreement.
AB338, s. 286
6Section
286. 904.085 (2) (a) of the statutes is amended to read:
AB338,150,127
904.085
(2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
8under s. 111.54, mediation under s. 111.11, 111.70 (4)
(cg) or (cm) 3. or 111.87,
9mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
10or s. 767.405, or any similar statutory, contractual or court-referred process
11facilitating the voluntary resolution of disputes. "Mediation" does not include
12binding arbitration or appraisal.
AB338,150,2315
978.12
(1) (c)
Assistant district attorneys. Assistant district attorneys shall be
16employed outside the classified service. For purposes of salary administration, the
17director of the office of state employment relations shall establish one or more
18classifications for assistant district attorneys in accordance with the classification
19or classifications allocated to assistant attorneys general. Except as provided in s.
20111.93 (3)
(b), the salaries of assistant district attorneys shall be established and
21adjusted in accordance with the state compensation plan for assistant attorneys
22general whose positions are allocated to the classification or classifications
23established by the director of the office of state employment relations.
AB338,151,52
(1) This act first applies to an employee who is covered by a collective
3bargaining agreement under subchapter I, IV, or V of chapter 111 of the statutes that
4contains provisions inconsistent with this act on the day on which the agreement
5expires or is terminated, extended, modified, or renewed, whichever occurs first.
AB338, s. 291
6Section
291.
Effective dates. This act takes effect on the day after
7publication, except as follows:
AB338,151,148
(1)
The repeal of section 20.865 (1) (cm), (im), and (sm) of the statutes, the
9renumbering and amendment of sections 111.965, 111.999, and 111.9991 (1) of the
10statutes, the amendment of sections 111.98 (2) (a), 111.997 (intro.) and (1), and
11111.998 (1) (b), (c), (d), (e), and (f) and (2) (intro.) of the statutes, the repeal and
12recreation of sections 16.705 (3) (intro.), 36.09 (1) (j), 111.815 (1) and (2), and 111.825
13(3) and (4) of the statutes, and the creation of sections 111.965 (2m), 111.999 (2), and
14111.9991 (1) (b) of the statutes take effect on July 1, 2013.