SB233: Bill Text

SB233, s. 108 Section 108. 111.06 (1) (c) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,54,18 111.06 (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 the 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 an all-union agreement. An authorization of an all-union agreement continues, 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 the 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 a referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this subdivision. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration 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 is 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.

SB233, s. 109 Section 109. 111.06 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,55,3 111.06 (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.

SB233, s. 110 Section 110. 111.06 (1) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,55,12 111.06 (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.

SB233, s. 111 Section 111. 111.06 (1) (m) of the statutes is created to read:

SB233,55,15 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

SB233, s. 112 Section 112. 111.06 (2) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,55,19 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

SB233, s. 113 Section 113. 111.075 of the statutes is created to read:

SB233,56,3 111.075 Fair-share and maintenance of membership agreements. (1) (a) No fair-share or maintenance of membership agreement is effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the employees 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.

SB233,56,10 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible employees voting in a referendum must vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible employees voting in a referendum must 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 employees vote in favor of the agreement, a maintenance of membership agreement is authorized.

SB233,56,24 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into a fair-share or maintenance of membership agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement must 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 the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, the agreement takes 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 employees or local labor organizations which may arise for actions taken by the employer in compliance with this section. All lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

SB233,57,7 (d) Under each fair-share or maintenance of membership agreement, an employee 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 employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

SB233,57,21 (2) (a) Once authorized, a fair-share or maintenance of membership agreement continues, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. The petition must be supported by proof that at least 30 percent of the employees 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 employees required for its initial authorization, it shall continue, 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 terminates at the expiration of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

SB233,58,4 (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 employee in the collective bargaining unit involved, and the agreement shall be subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

SB233,58,7 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

SB233,58,10 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the University of Wisconsin Hospitals and Clinics Authority to conduct the referenda provided for in this section.

SB233,58,17 (5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (f) 1., 5. or 9., that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.05 (5) (a) 1. to 3. without the necessity of filing a petition or conducting a referendum, subject to the right of the employees in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a).

SB233,58,19 (6) This section applies only in collective bargaining units comprised of employees of the University of Wisconsin Hospitals and Clinics Authority.

SB233, s. 114 Section 114. 111.115 (title) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,58,22 111.115 (title) Notice of certain proposed lockouts or strikes.

SB233, s. 115 Section 115. 111.115 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 111.115 (1) (intro.) and amended to read:

SB233,58,25 111.115 (1) (intro.) In this section, "strike" subsection:

SB233,59,4 (b) "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.

SB233, s. 116 Section 116. 111.115 (1) (a) of the statutes is created to read:

SB233,59,11 111.115 (1) (a) "Lockout" means the barring of one or more employees from their employment in an establishment by an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor organization or group of employees of the employer, or which continues or occurs after the termination of a strike or other job action of a labor organization or group of employees of the employer.

SB233, s. 117 Section 117. 111.115 (2) of the statutes is created to read:

SB233,59,20 111.115 (2) If no collective bargaining agreement is in effect between the University of Wisconsin Hospitals and Clinics Authority and the recognized or certified representative of employees of that authority in a collective bargaining unit, the employer may not engage in a lockout affecting employees in that collective bargaining unit without first giving 10 days' written notice to the representative of its intention to engage in a lockout, and the representative may not engage in a strike without first giving 10 days' written notice to the employer of its intention to engage in a strike.

SB233, s. 118 Section 118. 111.17 of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 111.17 (intro.) and amended to read:

SB233,59,25 111.17 Conflict of provisions; effect. (intro.) 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 in for the following:

SB233,60,2 (1) In any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

SB233, s. 119 Section 119. 111.17 (2) of the statutes is created to read:

SB233,60,15 111.17 (2) All fringe benefits authorized or required to be provided by the University of Wisconsin Hospitals and Clinics Authority to its employees under ch. 40 shall be governed exclusively by ch. 40, except that if any provision of ch. 40 specifically permits a collective bargaining agreement under this subchapter to govern the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40 shall be governed by a collective bargaining agreement under this subchapter, a collective bargaining agreement may contain a provision so governing and such a provision supersedes any provision of ch. 40 with respect to the employees to whom the agreement applies. The employer is prohibited from engaging in collective bargaining concerning any matter governed exclusively by ch. 40 under this subsection.

SB233, s. 120 Section 120. 111.70 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,61,7 111.70 (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 or transit 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. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n) or (o), except as provided in sub. subs. (3m), (3p), and (4) (mb) (m) 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 any public safety municipal employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

SB233, s. 121 Section 121. 111.70 (1) (cm) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

SB233, s. 122 Section 122. 111.70 (1) (f) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,61,17 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees or transit employees under which all or any of the public safety employees or transit 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.

SB233, s. 123 Section 123. 111.70 (1) (fm) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

SB233, s. 124 Section 124. 111.70 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,62,4 111.70 (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.

SB233, s. 125 Section 125. 111.70 (1) (mm) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

SB233, s. 126 Section 126. 111.70 (1) (n) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,62,12 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission in which public safety employees or transit employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement.

SB233, s. 127 Section 127. 111.70 (1) (p) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB233, s. 128 Section 128. 111.70 (1g) of the statutes is created to read:

SB233,62,23 111.70 (1g) Declaration of policy. (a) The public policy of the state as to labor disputes arising in municipal employment is to encourage voluntary settlement through the procedures of collective bargaining. Accordingly, it is in the public interest that municipal employees so desiring be given an opportunity to bargain collectively with the municipal employer through a labor organization or other representative of the employees' own choice. If such procedures fail, the parties should have available to them a fair, speedy, effective and, above all, peaceful procedure for settlement as provided in this subchapter.

SB233,63,4 (b) 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.

SB233, s. 129 Section 129. 111.70 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,64,9 111.70 (2) Rights of municipal employees. Municipal employees have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, except that an employee may be required to pay dues in the manner provided in a fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30% of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare any fair-share 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, creed, or sex to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit municipal employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

SB233, s. 130 Section 130. 111.70 (3) (a) 3. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,64,15 111.70 (3) (a) 3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement that covers public safety employees or transit employees.

SB233, s. 131 Section 131. 111.70 (3) (a) 5. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,65,2 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting public safety employees or transit municipal employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting general municipal employees, that was previously agreed upon by the parties with respect to wages.

SB233, s. 132 Section 132. 111.70 (3) (a) 6. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,65,11 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public safety employee or a transit municipal employee, unless the municipal employer has been presented with an individual order therefor, signed by the employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee or transit municipal employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except when a fair-share agreement is in effect.

SB233, s. 133 Section 133. 111.70 (3) (a) 7. of the statutes is created to read:

SB233,65,14 111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).

SB233, s. 134 Section 134. 111.70 (3) (a) 7m. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB233, s. 135 Section 135. 111.70 (3) (a) 9. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,65,22 111.70 (3) (a) 9. If the collective bargaining unit contains a public safety employee or transit employee, after After a collective bargaining agreement expires and before another collective bargaining agreement takes effect, to fail to follow any fair-share agreement in the expired collective bargaining agreement.

SB233, s. 136 Section 136. 111.70 (3) (b) 6. of the statutes is created to read:

SB233,65,25 111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).

SB233, s. 137 Section 137. 111.70 (3) (b) 6m. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB233, s. 138 Section 138. 111.70 (3g) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

SB233, s. 139 Section 139. 111.70 (3m) of the statutes is created to read:

SB233,66,11 111.70 (3m) Milwaukee county enrollment services unit. A collective bargaining agreement that covers municipal employees performing services for the Milwaukee County enrollment services unit under s. 49.825 shall contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.825 (3) (b) 4.

SB233, s. 140 Section 140. 111.70 (3p) of the statutes is created to read:

SB233,66,17 111.70 (3p) Child care provider services unit. A collective bargaining agreement that covers municipal employees performing services for the child care provider services unit under s. 49.826 shall contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.826 (3) (b) 4.

SB233, s. 141 Section 141. 111.70 (4) (bm) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB233, s. 142 Section 142. 111.70 (4) (c) (title) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,66,23 111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety employees law enforcement and fire fighting personnel.

SB233, s. 143 Section 143. 111.70 (4) (c) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 111.70 (4) (c) 1m. and amended to read:

SB233,67,6 111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in labor disputes involving a collective bargaining unit containing a public safety employee. Such mediation may be carried on by a person designated to act by the commission upon request of one or both of the parties or upon initiation of the commission. The function of the mediator is to encourage voluntary settlement by the parties but no mediator has the power of compulsion.

SB233, s. 144 Section 144. 111.70 (4) (c) 1g. of the statutes is created to read:

SB233,67,9 111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal employees who are engaged in law enforcement or fire fighting functions.

SB233, s. 145 Section 145. 111.70 (4) (c) 2. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB233,67,16 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a public safety employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial and disinterested person to so serve.

SB233, s. 146 Section 146. 111.70 (4) (c) 3. (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,68,2 111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute involving a collective bargaining unit containing a public safety employee has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them arising in the collective bargaining process, either party, or the parties jointly, may petition the commission, in writing, to initiate fact-finding, and to make recommendations to resolve the deadlock, as follows:

SB233, s. 147 Section 147. 111.70 (4) (cg) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB233, s. 148 Section 148. 111.70 (4) (cm) (title), 1., 2., 3. and 4. of the statutes, as affected by 2011 Wisconsin Act 10, are amended to read:

SB233,68,8 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general municipal employees other personnel.

SB233,68,18 1. `Notice of commencement of contract negotiations.' For the purpose of advising the commission of the commencement of contract negotiations involving a collective bargaining unit containing general municipal employees, whenever either party requests the other to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no such agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide such notice, the other party may so notify the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall set forth any additional information the commission may require on a form provided by the commission.

SB233,69,2 2. `Presentation of initial proposals; open meetings.' The meetings between parties to a collective bargaining agreement or proposed collective bargaining agreement under this subchapter that involve a collective bargaining unit containing a general municipal employee and that are held for the purpose of presenting initial bargaining proposals, along with supporting rationale, shall be open to the public. Each party shall submit its initial bargaining proposals to the other party in writing. Failure to comply with this subdivision is not cause to invalidate a collective bargaining agreement under this subchapter.

SB233,69,7 3. `Mediation.' The commission or its designee shall function as mediator in labor disputes involving general municipal employees upon request of one or both of the parties, or upon initiation of the commission. The function of the mediator shall be to encourage voluntary settlement by the parties. No mediator has the power of compulsion.

SB233,69,13 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a general municipal employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial and disinterested person to so serve.