JR1 SB11: Bill Text

SB11,58,3 59.875 Payment of contributions in an employee retirement system of populous counties. (1) In this section, "county" means any county having a population of 500,000 or more.

SB11,58,9 (2) Beginning on the effective date of this subsection .... [LRB inserts date], in any employee retirement system of a county, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111, employees shall pay half of all actuarially required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the actuarially required contributions.

SB11, s. 149 Section 149. 62.623 of the statutes is created to read:

SB11,58,17 62.623 Payment of contributions in an employee retirement system of a 1st class city. Beginning on the effective date of this section .... [LRB inserts date], in any employee retirement system of a 1st class city, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111, employees shall pay half of all actuarially required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the actuarially required contributions.

SB11, s. 150 Section 150. 66.0506 of the statutes is created to read:

SB11,58,24 66.0506 Referendum; increase in employee wages. (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.

SB11,59,10 (2) If any local governmental unit wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the governing body of the local governmental unit 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 November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

SB11,59,16 (3) The referendum question shall be substantially as follows: "Shall the .... [general municipal employees] in the .... [local governmental unit] receive a total increase in 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]?"

SB11, s. 151 Section 151. 66.0508 of the statutes is created to read:

SB11,59,19 66.0508 Collective bargaining. (1) In this section, "local governmental unit" has the meaning given in s. 66.0506 (1).

SB11,59,21 (1m) Except as provided under subch. IV of ch. 111, no local governmental unit may collectively bargain with its employees.

SB11,59,24 (2) If a local governmental unit has in effect on the effective date of this subsection .... [LRB inserts date], an ordinance or resolution that is inconsistent with sub. (1m), the ordinance or resolution does not apply and may not be enforced.

SB11,60,5 (3) Each local governmental unit that is collectively bargaining with its employees shall 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 same method the department of revenue uses under s. 73.03 (68).

SB11, s. 152 Section 152. 66.0518 of the statutes is created to read:

SB11,60,12 66.0518 Defined benefit pension plans. A local governmental unit, as defined in s. 66.0131 (1) (a), may not establish a defined benefit pension plan for its employees unless the plan requires the employees to pay half of all actuarially required contributions for funding benefits under the plan and prohibits the local governmental unit from paying on behalf of an employee any of the employee's share of the actuarially required contributions.

SB11, s. 153 Section 153. 66.1104 (1) (a) of the statutes is amended to read:

SB11,60,16 66.1104 (1) (a) "Authority" means a body created under s. 66.1201, 66.1333, or 66.1335; under subch. II of ch. 114 or subch. III of ch. 149; or under ch. 52, 231, 232, 233, 234, 235, 237, or 279.

SB11, s. 154 Section 154. 70.11 (41s) of the statutes is repealed.

SB11, s. 155 Section 155. 71.26 (1) (be) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,60,24 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home Care Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.

SB11, s. 156 Section 156. 73.03 (68) of the statutes is created to read:

SB11,61,5 73.03 (68) At the request of the Wisconsin Employment Relations Commission, as provided under s. 111.91 (3q), to determine the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the request from the Wisconsin Employment Relations Commission.

SB11, s. 157 Section 157. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,61,12 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB11, s. 158 Section 158. 100.45 (1) (dm) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,61,24 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB11, s. 159 Section 159. 101.177 (1) (d) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,62,13 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

SB11, s. 160 Section 160. 109.03 (1) (b) of the statutes is amended to read:

SB11,62,19 109.03 (1) (b) School district and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless such, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment.

SB11, s. 161 Section 161. 111.02 (1) of the statutes is amended to read:

SB11,62,25 111.02 (1) The term "all-union "All-union agreement" shall mean means an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization.

SB11, s. 162 Section 162. 111.02 (2) of the statutes is amended to read:

SB11,63,7 111.02 (2) "Collective bargaining" is the negotiating means the negotiation by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

SB11, s. 163 Section 163. 111.02 (3) of the statutes is amended to read:

SB11,63,23 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

SB11, s. 164 Section 164. 111.02 (6) (am) of the statutes is repealed.

SB11, s. 165 Section 165. 111.02 (7) (a) (intro.) and 1. of the statutes are consolidated, renumbered 111.02 (7) (a) and amended to read:

SB11,64,5 111.02 (7) (a) "Employer" means a person who engages the services of an employee, and includes all of the following: 1. A a person acting on behalf of an employer within the scope of his or her authority, express or implied.

SB11, s. 166 Section 166. 111.02 (7) (a) 2., 3. and 4. of the statutes are repealed.

SB11, s. 167 Section 167. 111.02 (7) (b) 1. of the statutes is amended to read:

SB11,64,9 111.02 (7) (b) 1. Except as provided in par. (a) 4., the The state or any political subdivision thereof.

SB11, s. 168 Section 168. 111.02 (7m) of the statutes is repealed.

SB11, s. 169 Section 169. 111.02 (9m) of the statutes is repealed.

SB11, s. 170 Section 170. 111.02 (10m) of the statutes is repealed.

SB11, s. 171 Section 171. 111.05 (2) of the statutes is amended to read:

SB11,64,19 111.05 (2) Except as provided in subs. (5) and (7), whenever Whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.

SB11, s. 172 Section 172. 111.05 (3g) of the statutes is repealed.

SB11, s. 173 Section 173. 111.05 (5) of the statutes is repealed.

SB11, s. 174 Section 174. 111.05 (6) of the statutes is repealed.

SB11, s. 175 Section 175. 111.05 (7) of the statutes is repealed.

SB11, s. 176 Section 176. 111.06 (1) (c) 1. of the statutes is amended to read:

SB11,66,7 111.06 (1) (c) 1. To encourage or discourage membership in any labor organization, employee agency, committee, association or representation plan by discrimination in regard to hiring, tenure or other terms or conditions of employment except in a collective bargaining unit where an all-union, fair-share or maintenance of membership agreement is in effect. An employer is not prohibited from entering into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of such all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into such an all-union agreement. Such authorization of an all-union agreement shall be deemed to continue thereafter, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of such petition, the commission shall determine whether there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement and upon so finding the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on any such referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may be continued in force thereafter, subject to the right to petition for a further vote by the procedure set forth in this subdivision. If the continuance of the all-union agreement is not thus supported on any such referendum, it is deemed terminated at the termination of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer, and each such all-union agreement shall be made subject to this duty of the commission. Any person interested may come before the commission as provided in s. 111.07 and ask the performance of this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

SB11, s. 177 Section 177. 111.06 (1) (d) of the statutes is amended to read:

SB11,66,16 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.

SB11, s. 178 Section 178. 111.06 (1) (i) of the statutes is amended to read:

SB11,66,24 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty days' written notice of such termination unless there is an all-union, fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

SB11, s. 179 Section 179. 111.06 (1) (m) of the statutes is repealed.

SB11, s. 180 Section 180. 111.06 (2) (i) of the statutes is amended to read:

SB11,67,3 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

SB11, s. 181 Section 181. 111.075 of the statutes is repealed.

SB11, s. 182 Section 182. 111.115 (title) of the statutes is amended to read:

SB11,67,6 111.115 (title) Notice of certain proposed lockouts or strikes.

SB11, s. 183 Section 183. 111.115 (1) (intro.) and (b) of the statutes are consolidated, renumbered 111.115 (1) and amended to read:

SB11,67,13 111.115 (1) In this subsection: (b) "Strike" section, "strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.

SB11, s. 184 Section 184. 111.115 (1) (a) of the statutes is repealed.

SB11, s. 185 Section 185. 111.115 (2) of the statutes is repealed.

SB11, s. 186 Section 186. 111.17 (intro.) and (1) of the statutes are consolidated, renumbered 111.17 and amended to read:

SB11,67,22 111.17 Conflict of provisions; effect. Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that: (1) In in any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

SB11, s. 187 Section 187. 111.17 (2) of the statutes is repealed.

SB11, s. 188 Section 188. 111.70 (1) (a) of the statutes is amended to read:

SB11,68,15 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66 and for a school district with respect to any matter under sub. (4) (o), and for a school district with respect to any matter under sub. (4) (n), except as provided in subs. (3m), (3p), and sub. (4) (m) (mb) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

SB11,68,18 (3) (d) 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. The

SB11,69,5 (4) (p) Permissive subjects of collective bargaining; public safety employees. A municipal employer shall is not be required to bargain with public safety employees on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal public safety employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

SB11, s. 189 Section 189. 111.70 (1) (b) of the statutes is amended to read:

SB11,69,10 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district employees or of municipal employees who are not school district employees that is determined by the commission under sub. (4) (d) 2. a. to be appropriate for the purpose of collective bargaining.

SB11, s. 190 Section 190. 111.70 (1) (cm) of the statutes is created to read:

SB11,69,15 111.70 (1) (cm) "Consumer price index change" means the average annual percentage change in the consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the current date.

SB11, s. 191 Section 191. 111.70 (1) (f) of the statutes is amended to read:

SB11,69,25 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees under which all or any of the public safety employees in the 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. Such an 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 employees affected by said agreement and to pay the amount so deducted to the labor organization.

SB11, s. 192 Section 192. 111.70 (1) (fm) of the statutes is created to read:

SB11,70,3 111.70 (1) (fm) "General municipal employee" means a municipal employee who is not a public safety employee.

SB11, s. 193 Section 193. 111.70 (1) (j) of the statutes is amended to read:

SB11,70,12 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

SB11, s. 194 Section 194. 111.70 (1) (mm) of the statutes is created to read:

SB11,70,16 111.70 (1) (mm) "Public safety employee" means any municipal employee who is employed in a position that, on the effective date of this paragraph .... [LRB inserts date], is classified as a protective occupation participant under any of the following:

SB11,70,17 1. Section 40.02 (48) (am) 9., 10., 13., 15., or 22.

SB11,70,19 2. A provision that is comparable to a provision under subd. 1. that is in a county or city retirement system.

SB11, s. 195 Section 195. 111.70 (1) (n) of the statutes is amended to read: