SB11,86,129 111.77 (8) (a) This section applies to law enforcement public safety employees
10who are
supervisors employed by a county having a population of 500,000 or more.
11For purposes of such application, the term "municipal employee" includes such a
12supervisor.
SB11, s. 239 13Section 239. 111.80 of the statutes is repealed.
SB11, s. 240 14Section 240. 111.81 (1) of the statutes is amended to read:
SB11,86,2415 111.81 (1) "Collective bargaining" means the performance of the mutual
16obligation of the state as an employer, by its officers and agents, and the
17representatives of its employees, to meet and confer at reasonable times, in good
18faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect
19to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3),
20with respect to general employees,
with the intention of reaching an agreement, or
21to resolve questions arising under such an agreement. The duty to bargain, however,
22does not compel either party to agree to a proposal or require the making of a
23concession. Collective bargaining includes the reduction of any agreement reached
24to a written and signed document.
SB11, s. 241 25Section 241. 111.81 (3h) of the statutes is repealed.
SB11, s. 242
1Section 242. 111.81 (3n) of the statutes is created to read:
SB11,87,52 111.81 (3n) "Consumer price index change" means the average annual
3percentage change in the consumer price index for all urban consumers, U.S. city
4average, as determined by the federal department of labor, for the 12 months
5immediately preceding the current date.
SB11, s. 243 6Section 243. 111.81 (7) (g) of the statutes is repealed.
SB11, s. 244 7Section 244. 111.81 (7) (gm), (h) and (i) of the statutes are created to read:
SB11,87,98 111.81 (7) (gm) Research assistants of the University of Wisconsin-Madison
9and University of Wisconsin-Extension.
SB11,87,1010 (h) Research assistants of the University of Wisconsin-Milwaukee.
SB11,87,1311 (i) Research assistants of the Universities of Wisconsin-Eau Claire, Green Bay,
12La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout,
13Superior, and Whitewater.
SB11, s. 245 14Section 245. 111.81 (9) of the statutes is amended to read:
SB11,87,2015 111.81 (9) "Fair-share agreement" means an agreement between the employer
16and a labor organization representing public safety employees or supervisors
17specified in s. 111.825 (5)
under which all of the public safety employees or
18supervisors
in a collective bargaining unit are required to pay their proportionate
19share of the cost of the collective bargaining process and contract administration
20measured by the amount of dues uniformly required of all members.
SB11, s. 246 21Section 246. 111.81 (9g) of the statutes is created to read:
SB11,87,2322 111.81 (9g) "General employee" means an employee who is not a public safety
23employee.
SB11, s. 247 24Section 247. 111.81 (9k) of the statutes is repealed.
SB11, s. 248 25Section 248. 111.81 (12) (intro.) of the statutes is amended to read:
SB11,88,5
1111.81 (12) (intro.) "Labor organization" means any employee organization
2whose purpose is to represent employees in collective bargaining with the employer,
3or its agents, on matters pertaining to terms and conditions of employment that are
4subject to collective bargaining under s. 111.91 (1) or (3), whichever is applicable
; but
5the term shall not include any organization:
SB11, s. 249 6Section 249. 111.81 (12m) of the statutes is amended to read:
SB11,88,147 111.81 (12m) "Maintenance of membership agreement" means an agreement
8between the employer and a labor organization representing public safety employees
9or supervisors specified in s. 111.825 (5) which requires that all of the public safety
10employees or supervisors whose dues are being deducted from earnings under s.
1120.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to
12have dues deducted for the duration of the agreement, and that dues shall be
13deducted from the earnings of all public safety employees or supervisors who are
14hired on or after the effective date of the agreement.
SB11, s. 250 15Section 250. 111.81 (15r) of the statutes is created to read:
SB11,88,1716 111.81 (15r) "Public safety employee" means any individual under s. 40.02 (48)
17(am) 7. or 8.
SB11, s. 251 18Section 251. 111.81 (16) of the statutes is amended to read:
SB11,88,2319 111.81 (16) "Referendum" means a proceeding conducted by the commission in
20which public safety employees, or supervisors specified in s. 111.825 (5), in a
21collective bargaining unit may cast a secret ballot on the question of directing the
22labor organization and the employer to enter into a fair-share or maintenance of
23membership agreement or to terminate such an agreement.
SB11, s. 252 24Section 252. 111.815 (1) of the statutes is amended to read:
SB11,90,2
1111.815 (1) In the furtherance of this subchapter, the state shall be considered
2as a single employer and employment relations policies and practices throughout the
3state service shall be as consistent as practicable. The office shall negotiate and
4administer collective bargaining agreements except that the department of health
5services, subject to the approval of the federal centers for medicare and medicaid
6services to use collective bargaining as the method of setting rates for
7reimbursement of home care providers, shall negotiate and administer collective
8bargaining agreements entered into with the collective bargaining unit specified in
9s. 111.825 (2g)
. To coordinate the employer position in the negotiation of agreements,
10the office, or the department of health services with regard to collective bargaining
11agreements entered into with the collective bargaining unit specified in s. 111.825
12(2g),
shall maintain close liaison with the legislature relative to the negotiation of
13agreements and the fiscal ramifications of those agreements. Except with respect
14to the collective bargaining units unit specified in s. 111.825 (1m), (2) (f), and (2g),
15the office is responsible for the employer functions of the executive branch under this
16subchapter, and shall coordinate its collective bargaining activities with operating
17state agencies on matters of agency concern. The legislative branch shall act upon
18those portions of tentative agreements negotiated by the office that require
19legislative action. With respect to the collective bargaining units specified in s.
20111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible
21for the employer functions under this subchapter.
With respect to the collective
22bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter
23school established by contract under s. 118.40 (2r) (cm) is responsible for the
24employer functions under this subchapter. With respect to the collective bargaining

1unit specified in s. 111.825 (2g), the department of health services is responsible for
2the employer functions of the executive branch under this subchapter.
SB11, s. 253 3Section 253. 111.815 (2) of the statutes is amended to read:
SB11,90,104 111.815 (2) In the furtherance of the policy under s. 111.80 (4), the The director
5of the office shall, together with the appointing authorities or their representatives,
6represent the state in its responsibility as an employer under this subchapter except
7with respect to negotiations in the collective bargaining units unit specified in s.
8111.825 (1m), (2) (f), and (2g). The director of the office shall establish and maintain,
9wherever practicable, consistent employment relations policies and practices
10throughout the state service.
SB11, s. 254 11Section 254. 111.82 of the statutes is amended to read:
SB11,90,18 12111.82 Rights of employees. Employees shall have the right of
13self-organization and the right to form, join, or assist labor organizations, to bargain
14collectively through representatives of their own choosing under this subchapter,
15and to engage in lawful, concerted activities for the purpose of collective bargaining
16or other mutual aid or protection. Employees shall also have the right to refrain from
17any or all of such activities. A general employee has the right to refrain from paying
18dues while remaining a member of a collective bargaining unit.
SB11, s. 255 19Section 255. 111.825 (1) (intro.) of the statutes is amended to read:
SB11,91,220 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful
21collective bargaining, units must be structured in such a way as to avoid excessive
22fragmentation whenever possible. In accordance with this policy, collective
23bargaining units for employees in the classified service of the state , except employees
24in the collective bargaining units specified in sub. (1m),
are structured on a statewide

1basis with one collective bargaining unit for each of the following occupational
2groups:
SB11, s. 256 3Section 256. 111.825 (1) (g) of the statutes is created to read:
SB11,91,44 111.825 (1) (g) Public safety employees.
SB11, s. 257 5Section 257. 111.825 (1m) of the statutes is repealed.
SB11, s. 258 6Section 258. 111.825 (2g) of the statutes is repealed.
SB11, s. 259 7Section 259. 111.825 (3) of the statutes is amended to read:
SB11,91,98 111.825 (3) The commission shall assign employees to the appropriate
9collective bargaining units set forth in subs. (1), (1m), and (2), and (2g).
SB11, s. 260 10Section 260. 111.825 (4) of the statutes is amended to read:
SB11,91,1811 111.825 (4) Any labor organization may petition for recognition as the exclusive
12representative of a collective bargaining unit specified in sub. (1) , (1m), or (2), or (2g)
13in accordance with the election procedures set forth in s. 111.83, provided the petition
14is accompanied by a 30% showing of interest in the form of signed authorization
15cards. Each additional labor organization seeking to appear on the ballot shall file
16petitions within 60 days of the date of filing of the original petition and prove,
17through signed authorization cards, that at least 10% of the employees in the
18collective bargaining unit want it to be their representative.
SB11, s. 261 19Section 261. 111.825 (4m) of the statutes is repealed.
SB11, s. 262 20Section 262. 111.825 (5) of the statutes is amended to read:
SB11,92,721 111.825 (5) Although supervisors are not considered employees for purposes
22of this subchapter, the commission may consider a petition for a statewide collective
23bargaining unit of professional supervisors or a statewide unit of nonprofessional
24supervisors in the classified service, but the representative of supervisors may not
25be affiliated with any labor organization representing employees. For purposes of

1this subsection, affiliation does not include membership in a national, state, county
2or municipal federation of national or international labor organizations. The
3certified representative of supervisors who are not public safety employees may not
4bargain collectively with respect to any matter other than wages and fringe benefits
5as provided in s. 111.91 (3), and the certified representative of supervisors who are
6public safety employees may not bargain collectively with respect to any matter other
7than wages and fringe benefits as provided in
s. 111.91 (1).
SB11, s. 263 8Section 263. 111.825 (6) of the statutes is renumbered 111.825 (6) (a).
SB11, s. 264 9Section 264. 111.825 (6) (b) of the statutes is created to read:
SB11,92,1110 111.825 (6) (b) The commission may assign only a public safety employee to the
11collective bargaining unit under sub. (1) (g).
SB11, s. 265 12Section 265. 111.83 (1) of the statutes is amended to read:
SB11,92,2313 111.83 (1) Except as provided in subs. sub. (5) and (5m), a representative
14chosen for the purposes of collective bargaining by a majority of the employees voting
15in a collective bargaining unit shall be the exclusive representative of all of the
16employees in such unit for the purposes of collective bargaining. Any individual
17employee, or any minority group of employees in any collective bargaining unit, may
18present grievances to the employer in person, or through representatives of their own
19choosing, and the employer shall confer with said employee or group of employees in
20relation thereto if the majority representative has been afforded the opportunity to
21be present at the conference. Any adjustment resulting from such a conference may
22not be inconsistent with the conditions of employment established by the majority
23representative and the employer.
SB11, s. 266 24Section 266. 111.83 (3) of the statutes is renumbered 111.83 (3) (a).
SB11, s. 267 25Section 267. 111.83 (3) (b) of the statutes is created to read:
SB11,93,20
1111.83 (3) (b) Annually, no later than December 1, the commission shall
2conduct an election to certify the representative of a collective bargaining unit that
3contains a general employee. There shall be included on the ballot the names of all
4labor organizations having an interest in representing the general employees
5participating in the election. The commission may exclude from the ballot one who,
6at the time of the election, stands deprived of his or her rights under this subchapter
7by reason of a prior adjudication of his or her having engaged in an unfair labor
8practice. The commission shall certify any representative that receives at least 51
9percent of the votes of all of the general employees in the collective bargaining unit.
10If no representative receives at least 51 percent of the votes of all of the general
11employees in the collective bargaining unit, at the expiration of the collective
12bargaining agreement, the commission shall decertify the current representative
13and the general employees shall be nonrepresented. Notwithstanding s. 111.82, if
14a representative is decertified under this paragraph, the affected general employees
15may not be included in a substantially similar collective bargaining unit for 12
16months from the date of decertification. The commission's certification of the results
17of any election is conclusive unless reviewed as provided by s. 111.07 (8). The
18commission shall assess and collect a certification fee for each election conducted
19under this paragraph. Fees collected under this paragraph shall be credited to the
20appropriation account under s. 20.425 (1) (i).
SB11, s. 268 21Section 268. 111.83 (4) of the statutes is amended to read:
SB11,94,522 111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which
23the name of more than one proposed representative appears on the ballot and results
24in no conclusion, the commission may, if requested by any party to the proceeding
25within 30 days from the date of the certification of the results of the election, conduct

1a runoff election. In that runoff election, the commission shall drop from the ballot
2the name of the representative who received the least number of votes at the original
3election. The commission shall drop from the ballot the privilege of voting against
4any representative if the least number of votes cast at the first election was against
5representation by any named representative.
SB11, s. 269 6Section 269. 111.83 (5m) of the statutes is repealed.
SB11, s. 270 7Section 270. 111.83 (7) of the statutes is repealed.
SB11, s. 271 8Section 271. 111.84 (1) (b) of the statutes is amended to read:
SB11,95,29 111.84 (1) (b) Except as otherwise provided in this paragraph, to initiate,
10create, dominate or interfere with the formation or administration of any labor or
11employee organization or contribute financial support to it. Except as provided in
12ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
13retirement system under ch. 40 and no action by the employer that is authorized by
14such a law constitutes a violation of this paragraph unless an applicable collective
15bargaining agreement covering a collective bargaining unit under s. 111.825 (1) (g)
16specifically prohibits the change or action. No such change or action affects the
17continuing duty to bargain collectively with a collective bargaining unit under s.
18111.825 (1) (g)
regarding the Wisconsin retirement system under ch. 40 to the extent
19required by s. 111.91 (1). It is not an unfair labor practice for the employer to
20reimburse an employee at his or her prevailing wage rate for the time spent during
21the employee's regularly scheduled hours conferring with the employer's officers or
22agents and for attendance at commission or court hearings necessary for the
23administration of this subchapter. Professional supervisory or craft personnel may
24maintain membership in professional or craft organizations; however, as members

1of such organizations they shall be prohibited from those activities related to
2collective bargaining in which the organizations may engage.
SB11, s. 272 3Section 272. 111.84 (1) (d) of the statutes is amended to read:
SB11,95,134 111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
5(1) or (3), whichever is appropriate, with a representative of a majority of its
6employees in an appropriate collective bargaining unit. Where the employer has a
7good faith doubt as to whether a labor organization claiming the support of a majority
8of its employees in appropriate collective bargaining unit does in fact have that
9support, it may file with the commission a petition requesting an election as to that
10claim. It is not deemed to have refused to bargain until an election has been held and
11the results thereof certified to it by the commission. A violation of this paragraph
12includes, but is not limited to, the refusal to execute a collective bargaining
13agreement previously orally agreed upon.
SB11, s. 273 14Section 273. 111.84 (1) (f) of the statutes is amended to read:
SB11,95,2315 111.84 (1) (f) To deduct labor organization dues from an employee's the
16earnings of a public safety employee, unless the employer has been presented with
17an individual order therefor, signed by the public safety employee personally, and
18terminable by at least the end of any year of its life or earlier by the public safety
19employee giving at least 30 but not more than 120 days' written notice of such
20termination to the employer and to the representative labor organization, except if
21there is a fair-share or maintenance of membership agreement in effect. The
22employer shall give notice to the labor organization of receipt of such notice of
23termination.
SB11, s. 274 24Section 274. 111.84 (2) (c) of the statutes is amended to read:
SB11,96,8
1111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
2(1) or (3), whichever is appropriate, with the duly authorized officer or agent of the
3employer which is the recognized or certified exclusive collective bargaining
4representative of employees specified in s. 111.81 (7) (a) in an appropriate collective
5bargaining unit or with the certified exclusive collective bargaining representative
6of employees specified in s. 111.81 (7) (b) to (g) (f) in an appropriate collective
7bargaining unit. Such refusal to bargain shall include, but not be limited to, the
8refusal to execute a collective bargaining agreement previously orally agreed upon.
SB11, s. 275 9Section 275. 111.84 (3) of the statutes is amended to read:
SB11,96,1310 111.84 (3) It is an unfair labor practice for any person to do or cause to be done
11on behalf of or in the interest of employers or employees, or in connection with or to
12influence the outcome of any controversy as to employment relations, any act
13prohibited by subs. sub. (1) and or (2).
SB11, s. 276 14Section 276. 111.845 of the statutes is created to read:
SB11,96,16 15111.845 Wage deduction prohibition. The employer may not deduct labor
16organization dues from a general employee's earnings.
SB11, s. 277 17Section 277. 111.85 (1), (2) and (4) of the statutes are amended to read:
SB11,97,218 111.85 (1) (a) No fair-share or maintenance of membership agreement
19covering public safety employees may become effective unless authorized by a
20referendum. The commission shall order a referendum whenever it receives a
21petition supported by proof that at least 30% of the public safety employees or
22supervisors specified in s. 111.825 (5)
in a collective bargaining unit desire that a
23fair-share or maintenance of membership agreement be entered into between the
24employer and a labor organization. A petition may specify that a referendum is

1requested on a maintenance of membership agreement only, in which case the ballot
2shall be limited to that question.
SB11,97,103 (b) For a fair-share agreement to be authorized, at least two-thirds of the
4eligible public safety employees or supervisors voting in a referendum shall vote in
5favor of the agreement. For a maintenance of membership agreement to be
6authorized, at least a majority of the eligible public safety employees or supervisors
7voting in a referendum shall vote in favor of the agreement. In a referendum on a
8fair-share agreement, if less than two-thirds but more than one-half of the eligible
9public safety employees or supervisors vote in favor of the agreement, a maintenance
10of membership agreement is authorized.
SB11,97,2411 (c) If a fair-share or maintenance of membership agreement is authorized in
12a referendum, the employer shall enter into such an agreement with the labor
13organization named on the ballot in the referendum. Each fair-share or
14maintenance of membership agreement shall contain a provision requiring the
15employer to deduct the amount of dues as certified by the labor organization from the
16earnings of the public safety employees or supervisors affected by the agreement and
17to pay the amount so deducted to the labor organization. Unless the parties agree
18to an earlier date, the agreement shall take effect 60 days after certification by the
19commission that the referendum vote authorized the agreement. The employer shall
20be held harmless against any claims, demands, suits and other forms of liability
21made by public safety employees or supervisors or local labor organizations which
22may arise for actions taken by the employer in compliance with this section. All such
23lawful claims, demands, suits and other forms of liability are the responsibility of the
24labor organization entering into the agreement.
SB11,98,7
1(d) Under each fair-share or maintenance of membership agreement, an a
2public safety
employee or supervisor who has religious convictions against dues
3payments to a labor organization based on teachings or tenets of a church or religious
4body of which he or she is a member shall, on request to the labor organization, have
5his or her dues paid to a charity mutually agreed upon by the public safety employee
6or supervisor and the labor organization. Any dispute concerning this paragraph
7may be submitted to the commission for adjudication.
SB11,98,22 8(2) (a) Once authorized, a fair-share or maintenance of membership
9agreement covering public safety employees shall continue in effect, subject to the
10right of the employer or labor organization concerned to petition the commission to
11conduct a new referendum. Such petition must be supported by proof that at least
1230% of the public safety employees or supervisors in the collective bargaining unit
13desire that the fair-share or maintenance of membership agreement be
14discontinued. Upon so finding, the commission shall conduct a new referendum. If
15the continuance of the fair-share or maintenance of membership agreement is
16approved in the referendum by at least the percentage of eligible voting public safety
17employees or supervisors required for its initial authorization, it shall be continued
18in effect, subject to the right of the employer or labor organization to later initiate a
19further vote following the procedure prescribed in this subsection. If the
20continuation of the agreement is not supported in any referendum, it is deemed
21terminated at the termination of the collective bargaining agreement, or one year
22from the date of the certification of the result of the referendum, whichever is earlier.
SB11,99,623 (b) The commission shall declare any fair-share or maintenance of
24membership agreement suspended upon such conditions and for such time as the
25commission decides whenever it finds that the labor organization involved has

1refused on the basis of race, color, sexual orientation or creed to receive as a member
2any public safety employee or supervisor in the collective bargaining unit involved,
3and the agreement shall be made subject to the findings and orders of the
4commission. Any of the parties to the agreement, or any public safety employee or
5supervisor
covered thereby, may come before the commission, as provided in s.
6111.07, and petition the commission to make such a finding.
SB11,99,9 7(4) The commission may, under rules adopted for that purpose, appoint as its
8agent an official of a state agency whose public safety employees are entitled to vote
9in a referendum to conduct a referendum provided for herein.
SB11, s. 278 10Section 278. 111.85 (5) of the statutes is repealed.
SB11, s. 279 11Section 279. 111.90 (2) of the statutes is amended to read:
SB11,99,1412 111.90 (2) Subject to s. 111.91 (1) (am), manage Manage the employees of a state
13agency; hire, promote, transfer, assign or retain employees in positions within the
14agency; and in that regard establish reasonable work rules.
SB11, s. 280 15Section 280. 111.905 of the statutes is repealed.
SB11, s. 281 16Section 281. 111.91 (1) (a) of the statutes is amended to read:
SB11,99,2517 111.91 (1) (a) Except as provided in pars. (b) to (e) (d), with regard to a collective
18bargaining unit under s. 111.825 (1) (g)
, matters subject to collective bargaining to
19the point of impasse are wage rates, consistent with sub. (2), the assignment and
20reassignment of classifications to pay ranges, determination of an incumbent's pay
21status resulting from position reallocation or reclassification, and pay adjustments
22upon temporary assignment of classified public safety employees to duties of a higher
23classification or downward reallocations of a classified public safety employee's
24position; fringe benefits consistent with sub. (2); hours and conditions of
25employment.
SB11, s. 282
1Section 282. 111.91 (1) (am) of the statutes is repealed.
SB11, s. 283 2Section 283. 111.91 (1) (b) of the statutes is amended to read:
SB11,100,73 111.91 (1) (b) The employer shall not be is not required to bargain with a
4collective bargaining unit under s. 111.825 (1) (g)
on management rights under s.
5111.90, except that procedures for the adjustment or settlement of grievances or
6disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall
7be a subject of bargaining.
SB11, s. 284 8Section 284. 111.91 (1) (c) of the statutes is amended to read:
SB11,100,109 111.91 (1) (c) The employer is prohibited from bargaining with a collective
10bargaining unit under s. 111.825 (1) (g)
on matters contained in sub. (2).
SB11, s. 285 11Section 285. 111.91 (1) (cg) of the statutes is repealed.
SB11, s. 286 12Section 286. 111.91 (1) (cm) of the statutes is amended to read:
Loading...
Loading...