JR1 AB11: Bill Text

AB11, s. 277 Section 277. 111.85 (1), (2) and (4) of the statutes are amended to read:

AB11,97,2 111.85 (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.

AB11,97,10 (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.

AB11,97,24 (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.

AB11,98,7 (d) Under each fair-share or maintenance of membership agreement, an a public safety 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.

AB11,98,22 (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.

AB11,99,6 (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.

AB11,99,9 (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.

AB11, s. 278 Section 278. 111.85 (5) of the statutes is repealed.

AB11, s. 279 Section 279. 111.90 (2) of the statutes is amended to read:

AB11,99,14 111.90 (2) Subject to s. 111.91 (1) (am), manage 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.

AB11, s. 280 Section 280. 111.905 of the statutes is repealed.

AB11, s. 281 Section 281. 111.91 (1) (a) of the statutes is amended to read:

AB11,99,25 111.91 (1) (a) Except as provided in pars. (b) to (e) (d), with regard to a collective bargaining unit under s. 111.825 (1) (g), 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.

AB11, s. 282 Section 282. 111.91 (1) (am) of the statutes is repealed.

AB11, s. 283 Section 283. 111.91 (1) (b) of the statutes is amended to read:

AB11,100,7 111.91 (1) (b) The employer shall not be 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.

AB11, s. 284 Section 284. 111.91 (1) (c) of the statutes is amended to read:

AB11,100,10 111.91 (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).

AB11, s. 285 Section 285. 111.91 (1) (cg) of the statutes is repealed.

AB11, s. 286 Section 286. 111.91 (1) (cm) of the statutes is amended to read:

AB11,100,18 111.91 (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 those the public safety employees.

AB11, s. 287 Section 287. 111.91 (1) (d) of the statutes is amended to read:

AB11,100,22 111.91 (1) (d) Demands In the case of a collective bargaining unit under s. 111.825 (1) (g), demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.

AB11, s. 288 Section 288. 111.91 (1) (e) of the statutes is repealed.

AB11, s. 289 Section 289. 111.91 (2) (intro.) of the statutes is amended to read:

AB11,101,2 111.91 (2) (intro.) The employer is prohibited from bargaining on with a collective bargaining unit under s. 111.825 (1) (g) with respect to all of the following:

AB11, s. 290 Section 290. 111.91 (2) (gu) of the statutes is amended to read:

AB11,101,8 111.91 (2) (gu) The right of an 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).

AB11, s. 291 Section 291. 111.91 (2c) of the statutes is repealed.

AB11, s. 292 Section 292. 111.91 (3) of the statutes is created to read:

AB11,101,12 111.91 (3) The employer is prohibited from bargaining with a collective bargaining unit containing a general employee with respect to any of the following:

AB11,101,16 (a) Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions.

AB11,101,19 (b) Unless the electors in a statewide referendum approve a total base wages increase that exceeds the total base wages expenditure described in this paragraph, any proposal that does any of the following:

AB11,101,24 1. If there is an increase in the consumer price index change, provides for total base wages for authorized positions in the proposed collective bargaining agreement that exceeds the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the consumer price index change.

AB11,102,6 2. If there is a decrease in the consumer price index change, provides for total base wages for authorized positions in the proposed collective bargaining agreement that exceeds the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement decreased by a percentage of that expenditure that is equal to the decrease in the consumer price index change.

AB11, s. 293 Section 293. 111.91 (3q) of the statutes is created to read:

AB11,102,12 111.91 (3q) For purposes of determining compliance with sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a general employee, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.

AB11, s. 294 Section 294. 111.92 (1) (a) of the statutes is amended to read:

AB11,103,11 111.92 (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.

AB11, s. 295 Section 295. 111.92 (1) (b) of the statutes is repealed.

AB11, s. 296 Section 296. 111.92 (2m) of the statutes is repealed.

AB11, s. 297 Section 297. 111.92 (3) of the statutes is renumbered 111.92 (3) (a) and amended to read:

AB11,103,17 111.92 (3) (a) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) shall coincide with the fiscal year or biennium.

AB11, s. 298 Section 298. 111.92 (3) (b) of the statutes is created to read:

AB11,103,22 111.92 (3) (b) No agreements covering a collective bargaining unit containing a general employee may be for a period that exceeds one year, and each agreement must coincide with the fiscal year. Agreements covering a collective bargaining unit containing a general employee may not be extended.

AB11, s. 299 Section 299. 111.93 (3) of the statutes is renumbered 111.93 (3) (intro.) and amended to read:

AB11,104,2 111.93 (3) (intro.) 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), if all of the following apply:

AB11,104,9 (a) 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.

AB11, s. 300 Section 300. 111.93 (3) (b) of the statutes is created to read:

AB11,104,17 111.93 (3) (b) If a collective bargaining agreement exists between the employer and a labor organization representing general employees in a collective bargaining unit, 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, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB11, s. 301 Section 301. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is repealed.

AB11, s. 302 Section 302. 118.22 (4) of the statutes is repealed.

AB11, s. 303 Section 303. 118.223 of the statutes is created to read:

AB11,104,23 118.223 Collective bargaining. Except as provided under subch. IV of ch. 111, no school board may collectively bargain with its employees.

AB11, s. 304 Section 304. 118.23 (5) of the statutes is repealed.

AB11, s. 305 Section 305. 118.245 of the statutes is created to read:

AB11,105,9 118.245 Referendum; increase in employee wages. (1) If a school board wishes to increase the total base wages of its employees in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

AB11,105,14 (2) The question submitted in the referendum shall be substantially as follows: "Shall the employees in the .... [school district] receive a total increase on wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"

AB11, s. 306 Section 306. 118.40 (2r) (b) 3. a. of the statutes is amended to read:

AB11,105,22 118.40 (2r) (b) 3. a. Delegate to the governing board of the charter school the board of regents' authority to establish and adjust all compensation and fringe benefits of instructional staff, subject to the terms of any collective bargaining agreement under subch. V of ch. 111 that covers the instructional staff. In the absence of a collective bargaining agreement, the governing board may establish and adjust all compensation and fringe benefits of the instructional staff only with the approval of the chancellor of the University of Wisconsin-Parkside.

AB11, s. 307 Section 307. 118.42 (3) (a) 4. of the statutes is amended to read:

AB11,105,25 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.

AB11, s. 308 Section 308. 118.42 (5) of the statutes is amended to read:

AB11,106,4 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement.

AB11, s. 309 Section 309. 119.04 (1) of the statutes is amended to read:

AB11,106,15 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB11, s. 310 Section 310. 120.12 (4m) of the statutes is created to read:

AB11,106,21 120.12 (4m) Calculation of total base wages increase for collective bargaining. If collectively bargaining with employees of the school district, determine the maximum total base wages expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2., calculating the consumer price index change using the method the department of revenue uses under s. 73.03 (68).

AB11, s. 311 Section 311. 120.12 (15) of the statutes is amended to read:

AB11,107,4 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.

AB11, s. 312 Section 312. 120.18 (1) (gm) of the statutes is amended to read:

AB11,107,22 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Costs Payroll costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have been required to submit final offers under s. 111.70 (4) (cm) 6., increased costs limited to the lower of the school district's offer or the representative's offer shall be of wages reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The school district shall amend the annual report to reflect any change in such costs as a result of any award or settlement under s. 111.70 (4) (cm) 6. collective bargaining agreement entered into between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.

AB11, s. 313 Section 313. 146.59 of the statutes is repealed.

AB11, s. 314 Section 314. 196.025 (7) of the statutes is created to read:

AB11,108,7 196.025 (7) Regulation of certain plants. If the department of administration sells or contracts for the operation of any plant under s. 16.896 (1), and the purchaser or contractor is not a public utility because the purchaser or contractor does not use the plant to provide service directly or indirectly to or for the public, the commission shall, upon petition at any time by the department of administration, regulate the purchaser or contractor as a public utility under this chapter if the commission determines that such regulation is in the public interest.

AB11, s. 315 Section 315. 230.01 (3) of the statutes is amended to read:

AB11,108,10 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

AB11, s. 316 Section 316. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,108,22 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB11, s. 317 Section 317. 230.04 (16) of the statutes is amended to read:

AB11,108,25 230.04 (16) The director may appoint either a deputy director or an executive assistant outside the classified service.

AB11, s. 318 Section 318. 230.046 (10) (a) of the statutes is amended to read:

AB11,109,3 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

AB11, s. 319 Section 319. 230.08 (2) (e) 1. of the statutes is amended to read:

AB11,109,5 230.08 (2) (e) 1. Administration — 14 13.

AB11, s. 320 Section 320. 230.08 (2) (e) 2. of the statutes is amended to read:

AB11,109,7 230.08 (2) (e) 2. Agriculture, trade and consumer protection — 6 9.

AB11, s. 321 Section 321. 230.08 (2) (e) 2m. of the statutes is amended to read: