SB233,89,116
111.81
(9) "Fair-share agreement" means an agreement between the employer
7and a labor organization representing
public safety employees
or supervisors
8specified in s. 111.825 (5) under which all of the
public safety employees
or
9supervisors in a collective bargaining unit are required to pay their proportionate
10share of the cost of the collective bargaining process and contract administration
11measured by the amount of dues uniformly required of all members.
SB233, s. 190
14Section
190. 111.81 (9k) of the statutes is created to read:
SB233,89,1615
111.81
(9k) "Home care provider" means a qualified provider under s. 46.2898
16(1) (f).
SB233,89,2319
111.81
(12) (intro.) "Labor organization" means any employee organization
20whose purpose is to represent employees in collective bargaining with the employer,
21or its agents, on matters
that are subject to collective bargaining under s. 111.91 (1)
22or (3), whichever is applicable pertaining to terms and conditions of employment; but
23the term shall not include any organization:
SB233,90,8
1111.81
(12m) "Maintenance of membership agreement" means an agreement
2between the employer and a labor organization representing
public safety employees
3or supervisors specified in s. 111.825 (5) which requires that all of the
public safety
4employees
or supervisors whose dues are being deducted from earnings under s.
520.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to
6have dues deducted for the duration of the agreement, and that dues shall be
7deducted from the earnings of all
public safety employees
or supervisors who are
8hired on or after the effective date of the agreement.
SB233,90,1713
111.81
(16) "Referendum" means a proceeding conducted by the commission in
14which
public safety employees
, or supervisors specified in s. 111.825 (5), in a
15collective bargaining unit may cast a secret ballot on the question of directing the
16labor organization and the employer to enter into a fair-share or maintenance of
17membership agreement or to terminate such an agreement.
SB233,91,1820
111.815
(1) In the furtherance of this subchapter, the state shall be considered
21as a single employer and employment relations policies and practices throughout the
22state service shall be as consistent as practicable. The office shall negotiate and
23administer collective bargaining agreements
except that the department of health
24services, subject to the approval of the federal centers for medicare and medicaid
25services to use collective bargaining as the method of setting rates for
1reimbursement of home care providers, shall negotiate and administer collective
2bargaining agreements entered into with the collective bargaining unit specified in
3s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements,
4the office
, or the department of health services with regard to collective bargaining
5agreements entered into with the collective bargaining unit specified in s. 111.825
6(2g), shall maintain close liaison with the legislature relative to the negotiation of
7agreements and the fiscal ramifications of those agreements. Except with respect
8to the collective bargaining
unit units specified in s. 111.825 (2) (f)
and (2g), the office
9is responsible for the employer functions of the executive branch under this
10subchapter, and shall coordinate its collective bargaining activities with operating
11state agencies on matters of agency concern. The legislative branch shall act upon
12those portions of tentative agreements negotiated by the office that require
13legislative action. With respect to the collective bargaining unit specified in s.
14111.825 (2) (f), the governing board of the charter school established by contract
15under s. 118.40 (2r) (cm) is responsible for the employer functions under this
16subchapter.
With respect to the collective bargaining unit specified in s. 111.825 (2g),
17the department of health services is responsible for the employer functions of the
18executive branch under this subchapter.
SB233,92,2421
111.815
(1) In the furtherance of this subchapter, the state shall be considered
22as a single employer and employment relations policies and practices throughout the
23state service shall be as consistent as practicable. The office shall negotiate and
24administer collective bargaining agreements except that the department of health
25services, subject to the approval of the federal centers for medicare and medicaid
1services to use collective bargaining as the method of setting rates for
2reimbursement of home care providers, shall negotiate and administer collective
3bargaining agreements entered into with the collective bargaining unit specified in
4s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements,
5the office, or the department of health services with regard to collective bargaining
6agreements entered into with the collective bargaining unit specified in s. 111.825
7(2g), shall maintain close liaison with the legislature relative to the negotiation of
8agreements and the fiscal ramifications of those agreements. Except with respect
9to the collective bargaining units specified in s. 111.825 (1r), (1t), and (2g), the office
10is responsible for the employer functions of the executive branch under this
11subchapter, and shall coordinate its collective bargaining activities with operating
12state agencies on matters of agency concern. The legislative branch shall act upon
13those portions of tentative agreements negotiated by the office that require
14legislative action. With respect to the collective bargaining units specified in s.
15111.825 (1r), the Board of Regents of the University of Wisconsin System is
16responsible for the employer functions under this subchapter. With respect to the
17collective bargaining units specified in s. 111.825 (1t), the chancellor of the
18University of Wisconsin-Madison is responsible for the employer functions under
19this subchapter. With respect to the collective bargaining unit specified in s. 111.825
20(1r) (ef), the governing board of the charter school established by contract under s.
21118.40 (2r) (cm) is responsible for the employer functions under this subchapter.
22With respect to the collective bargaining unit specified in s. 111.825 (2g), the
23department of health services is responsible for the employer functions of the
24executive branch under this subchapter.
SB233,93,93
111.815
(2) The In the furtherance of the policy under s. 111.80 (4), the director
4of the office shall, together with the appointing authorities or their representatives,
5represent the state in its responsibility as an employer under this subchapter except
6with respect to negotiations in the collective bargaining
unit units specified in s.
7111.825 (2) (f)
and (2g). The director of the office shall establish and maintain,
8wherever practicable, consistent employment relations policies and practices
9throughout the state service.
SB233,93,1812
111.815
(2) In the furtherance of the policy under s. 111.80 (4), the director of
13the office shall, together with the appointing authorities or their representatives,
14represent the state in its responsibility as an employer under this subchapter except
15with respect to negotiations in the collective bargaining units specified in s. 111.825
16(1r), (1t), and (2g). The director of the office shall establish and maintain, wherever
17practicable, consistent employment relations policies and practices throughout the
18state service.
SB233,94,2
21111.82 Rights of employees. Employees have the right of self-organization
22and the right to form, join, or assist labor organizations, to bargain collectively
23through representatives of their own choosing under this subchapter, and to engage
24in lawful, concerted activities for the purpose of collective bargaining or other mutual
25aid or protection. Employees also have the right to refrain from any or all of such
1activities.
A general employee has the right to refrain from paying dues while
2remaining a member of a collective bargaining unit.
SB233, s. 201
5Section
201. 111.825 (2g) of the statutes is created to read:
SB233,94,76
111.825
(2g) A collective bargaining unit for employees who are home care
7providers shall be structured as a single statewide collective bargaining unit.
SB233,94,1110
111.825
(3) The commission shall assign employees to the appropriate
11collective bargaining units set forth in subs. (1)
and
, (2)
, and (2g).
SB233,94,1514
111.825
(3) The commission shall assign employees to the appropriate
15collective bargaining units set forth in subs. (1), (1r), (1t), (2), and (2g).
SB233,94,2518
111.825
(4) Any labor organization may petition for recognition as the exclusive
19representative of a collective bargaining unit specified in sub. (1)
or, (2)
, or (2g) in
20accordance with the election procedures set forth in s. 111.83, provided the petition
21is accompanied by a 30% showing of interest in the form of signed authorization
22cards. Each additional labor organization seeking to appear on the ballot shall file
23petitions within 60 days of the date of filing of the original petition and prove,
24through signed authorization cards, that at least 10% of the employees in the
25collective bargaining unit want it to be their representative.
SB233,95,103
111.825
(4) Any labor organization may petition for recognition as the exclusive
4representative of a collective bargaining unit specified in sub. (1), (1r), (1t), (2), or (2g)
5in accordance with the election procedures set forth in s. 111.83, provided the petition
6is accompanied by a 30% showing of interest in the form of signed authorization
7cards. Each additional labor organization seeking to appear on the ballot shall file
8petitions within 60 days of the date of filing of the original petition and prove,
9through signed authorization cards, that at least 10% of the employees in the
10collective bargaining unit want it to be their representative.
SB233,95,2413
111.825
(5) Although supervisors are not considered employees for purposes
14of this subchapter, the commission may consider a petition for a statewide collective
15bargaining unit of professional supervisors or a statewide unit of nonprofessional
16supervisors in the classified service, but the representative of supervisors may not
17be affiliated with any labor organization representing employees. For purposes of
18this subsection, affiliation does not include membership in a national, state, county
19or municipal federation of national or international labor organizations. The
20certified representative of supervisors
who are not public safety employees may not
21bargain collectively with respect to any matter other than wages
and fringe benefits
22as provided in
s. 111.91 (3), and the certified representative of supervisors who are
23public safety employees may not bargain collectively with respect to any matter other
24than wages and fringe benefits as provided in s. 111.91 (1).
SB233,96,177
111.83
(1) Except as provided in
sub.
subs. (5)
and (5m), a representative
8chosen for the purposes of collective bargaining by a majority of the employees voting
9in a collective bargaining unit shall be the exclusive representative of all of the
10employees in such unit for the purposes of collective bargaining. Any individual
11employee, or any minority group of employees in any collective bargaining unit, may
12present grievances to the employer in person, or through representatives of their own
13choosing, and the employer shall confer with said employee or group of employees in
14relation thereto if the majority representative has been afforded the opportunity to
15be present at the conference. Any adjustment resulting from such a conference may
16not be inconsistent with the conditions of employment established by the majority
17representative and the employer.
SB233,97,724
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
25the name of more than one proposed representative appears on the ballot and results
1in no conclusion, the commission may, if requested by any party to the proceeding
2within 30 days from the date of the certification of the results of the election, conduct
3a runoff election. In that runoff election, the commission shall drop from the ballot
4the name of the representative who received the least number of votes at the original
5election. The commission shall drop from the ballot the privilege of voting against
6any representative if the least number of votes cast at the first election was against
7representation by any named representative.
SB233, s. 213
8Section
213. 111.83 (5m) of the statutes is created to read:
SB233,97,109
111.83
(5m) (a) This subsection applies only to a collective bargaining unit
10specified in s. 111.825 (2g).
SB233,97,1311
(am) 1. Subject to subd. 2., the department of health services shall provide a
12labor organization with the list of home care providers provided to the department
13of health services under s. 52.20 (5) if any of the following apply:
SB233,97,1614
a. The labor organization demonstrates a showing of interest of at least 3
15percent of home care providers included in the collective bargaining unit under s.
16111.825 (2g) to be represented by that labor organization.
SB233,97,1817
b. The labor organization is a certified representative of any home care
18providers in this state.
SB233,97,2019
c. The labor organization was a certified representative of any home care
20providers in this state prior to July 1, 2009.
SB233,97,2321
2. A labor organization shall agree to use any list it receives under subd. 1. only
22for communicating with home care providers concerning the exercise of their rights
23under s. 111.82 and shall agree to keep the list confidential.
SB233,98,924
(b) Upon the filing of a petition with the commission indicating a showing of
25interest of at least 30 percent of the home care providers included in the collective
1bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to
2change the existing representative, the commission shall hold an election in which
3the home care providers may vote on the question of representation. The labor
4organization named in the petition shall be included on the ballot. Within 60 days
5of the time that the petition is filed, another petition may be filed with the
6commission indicating a showing of interest of at least 10 percent of the home care
7providers who are included in the collective bargaining unit under s. 111.825 (2g) to
8be represented by another labor organization, in which case the name of that labor
9organization shall also be included on the ballot.
SB233,98,1510
(c) If at an election held under par. (b), a majority of home care providers voting
11in the collective bargaining unit vote for a single labor organization, the labor
12organization shall be the exclusive representative for all home care providers in that
13collective bargaining unit. If no single labor organization receives a majority of the
14votes cast, the commission may hold one or more runoff elections under sub. (4) until
15one labor organization receives a majority of the votes cast.
SB233,99,1018
111.84
(1) (b) Except as otherwise provided in this paragraph, to initiate,
19create, dominate or interfere with the formation or administration of any labor or
20employee organization or contribute financial support to it. Except as provided in
21ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
22retirement system under ch. 40 and no action by the employer that is authorized by
23such a law constitutes a violation of this paragraph unless an applicable collective
24bargaining agreement
covering a collective bargaining unit under s. 111.825 (1) (g) 25specifically prohibits the change or action. No such change or action affects the
1continuing duty to bargain collectively
with a collective bargaining unit under s.
2111.825 (1) (g) regarding the Wisconsin retirement system under ch. 40 to the extent
3required by s. 111.91
(1). It is not an unfair labor practice for the employer to
4reimburse an employee at his or her prevailing wage rate for the time spent during
5the employee's regularly scheduled hours conferring with the employer's officers or
6agents and for attendance at commission or court hearings necessary for the
7administration of this subchapter. Professional supervisory or craft personnel may
8maintain membership in professional or craft organizations; however, as members
9of such organizations they shall be prohibited from those activities related to
10collective bargaining in which the organizations may engage.
SB233,99,2213
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
14(1)
or (3), whichever is appropriate, with a representative of a majority of its
15employees in an appropriate collective bargaining unit. Where the employer has a
16good faith doubt as to whether a labor organization claiming the support of a majority
17of its employees in appropriate collective bargaining unit does in fact have that
18support, it may file with the commission a petition requesting an election as to that
19claim. It is not deemed to have refused to bargain until an election has been held and
20the results thereof certified to it by the commission. A violation of this paragraph
21includes, but is not limited to, the refusal to execute a collective bargaining
22agreement previously orally agreed upon.
SB233,100,9
1111.84
(1) (f) To deduct labor organization dues from
the an employee's 2earnings
of a public safety employee, unless the employer has been presented with
3an individual order therefor, signed by the
public safety employee personally, and
4terminable by at least the end of any year of its life or earlier by the
public safety
5employee giving at least 30 but not more than 120 days' written notice of such
6termination to the employer and to the representative labor organization, except if
7there is a fair-share or maintenance of membership agreement in effect. The
8employer shall give notice to the labor organization of receipt of such notice of
9termination.
SB233,100,1912
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
13(1)
or (3), whichever is appropriate, with the duly authorized officer or agent of the
14employer which is the recognized or certified exclusive collective bargaining
15representative of employees specified in s. 111.81 (7) (a) in an appropriate collective
16bargaining unit or with the certified exclusive collective bargaining representative
17of employees specified in s. 111.81 (7) (b) to
(f)
(g) in an appropriate collective
18bargaining unit. Such refusal to bargain shall include, but not be limited to, the
19refusal to execute a collective bargaining agreement previously orally agreed upon.
SB233,100,2522
111.84
(3) It is an unfair labor practice for any person to do or cause to be done
23on behalf of or in the interest of employers or employees, or in connection with or to
24influence the outcome of any controversy as to employment relations, any act
25prohibited by
sub. subs. (1)
or and (2).
SB233,101,135
111.85
(1) (a) No fair-share or maintenance of membership agreement
6covering public safety employees may become effective unless authorized by a
7referendum. The commission shall order a referendum whenever it receives a
8petition supported by proof that at least 30% of the
public safety employees
or
9supervisors specified in s. 111.825 (5) in a collective bargaining unit desire that a
10fair-share or maintenance of membership agreement be entered into between the
11employer and a labor organization. A petition may specify that a referendum is
12requested on a maintenance of membership agreement only, in which case the ballot
13shall be limited to that question.
SB233,101,2114
(b) For a fair-share agreement to be authorized, at least two-thirds of the
15eligible
public safety employees
or supervisors voting in a referendum shall vote in
16favor of the agreement. For a maintenance of membership agreement to be
17authorized, at least a majority of the eligible
public safety employees
or supervisors 18voting in a referendum shall vote in favor of the agreement. In a referendum on a
19fair-share agreement, if less than two-thirds but more than one-half of the eligible
20public safety employees
or supervisors vote in favor of the agreement, a maintenance
21of membership agreement is authorized.
SB233,102,1022
(c) If a fair-share or maintenance of membership agreement is authorized in
23a referendum, the employer shall enter into such an agreement with the labor
24organization named on the ballot in the referendum. Each fair-share or
25maintenance of membership agreement shall contain a provision requiring the
1employer to deduct the amount of dues as certified by the labor organization from the
2earnings of the
public safety employees
or supervisors affected by the agreement and
3to pay the amount so deducted to the labor organization. Unless the parties agree
4to an earlier date, the agreement shall take effect 60 days after certification by the
5commission that the referendum vote authorized the agreement. The employer shall
6be held harmless against any claims, demands, suits and other forms of liability
7made by
public safety employees
or supervisors or local labor organizations which
8may arise for actions taken by the employer in compliance with this section. All such
9lawful claims, demands, suits and other forms of liability are the responsibility of the
10labor organization entering into the agreement.
SB233,102,1711
(d) Under each fair-share or maintenance of membership agreement,
a public
12safety an employee
or supervisor who has religious convictions against dues
13payments to a labor organization based on teachings or tenets of a church or religious
14body of which he or she is a member shall, on request to the labor organization, have
15his or her dues paid to a charity mutually agreed upon by the
public safety employee
16or supervisor and the labor organization. Any dispute concerning this paragraph
17may be submitted to the commission for adjudication.
SB233,103,7
18(2) (a) Once authorized, a fair-share or maintenance of membership
19agreement
covering public safety employees shall continue in effect, subject to the
20right of the employer or labor organization concerned to petition the commission to
21conduct a new referendum. Such petition must be supported by proof that at least
2230% of the
public safety employees
or supervisors in the collective bargaining unit
23desire that the fair-share or maintenance of membership agreement be
24discontinued. Upon so finding, the commission shall conduct a new referendum. If
25the continuance of the fair-share or maintenance of membership agreement is
1approved in the referendum by at least the percentage of eligible voting
public safety
2employees
or supervisors required for its initial authorization, it shall be continued
3in effect, subject to the right of the employer or labor organization to later initiate a
4further vote following the procedure prescribed in this subsection. If the
5continuation of the agreement is not supported in any referendum, it is deemed
6terminated at the termination of the collective bargaining agreement, or one year
7from the date of the certification of the result of the referendum, whichever is earlier.
SB233,103,168
(b) The commission shall declare any fair-share or maintenance of
9membership agreement suspended upon such conditions and for such time as the
10commission decides whenever it finds that the labor organization involved has
11refused on the basis of race, color, sexual orientation or creed to receive as a member
12any
public safety employee
or supervisor in the collective bargaining unit involved,
13and the agreement shall be made subject to the findings and orders of the
14commission. Any of the parties to the agreement, or any
public safety employee
or
15supervisor covered thereby, may come before the commission, as provided in s.
16111.07, and petition the commission to make such a finding.
SB233,103,19
17(4) The commission may, under rules adopted for that purpose, appoint as its
18agent an official of a state agency whose
public safety employees are entitled to vote
19in a referendum to conduct a referendum provided for herein.
SB233,103,2422
111.90
(2) Manage Subject to s. 111.91 (1) (am), manage the employees of a state
23agency; hire, promote, transfer, assign or retain employees in positions within the
24agency; and in that regard establish reasonable work rules.
SB233, s. 222
25Section
222. 111.905 of the statutes is created to read:
SB233,104,3
1111.905 Rights of consumer.
(1) This subchapter does not interfere with the
2rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise,
3or discipline home care providers or to set conditions and duties of employment.
SB233,104,5
4(2) A home care provider is an at will provider of home care services to a
5consumer, and this subchapter does not interfere with that relationship.
SB233,104,168
111.91
(1) (a) Except as provided in pars. (b) to
(d), with regard to a collective
9bargaining unit under s. 111.825 (1) (g) (e), matters subject to collective bargaining
10to the point of impasse are wage rates, consistent with sub. (2), the assignment and
11reassignment of classifications to pay ranges, determination of an incumbent's pay
12status resulting from position reallocation or reclassification, and pay adjustments
13upon temporary assignment of classified
public safety employees to duties of a higher
14classification or downward reallocations of a classified
public safety employee's
15position; fringe benefits consistent with sub. (2); hours and conditions of
16employment.
SB233,104,2319
111.91
(1) (b) The employer is not required to bargain
with a collective
20bargaining unit under s. 111.825 (1) (g) on management rights under s. 111.90, except
21that procedures for the adjustment or settlement of grievances or disputes arising
22out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of
23bargaining.
SB233,105,2
1111.91
(1) (c) The employer is prohibited from bargaining
with a collective
2bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).
SB233, s. 226
3Section
226. 111.91 (1) (cg) of the statutes is created to read:
SB233,105,64
111.91
(1) (cg) The representative of home care providers in the collective
5bargaining unit specified under s. 111.825 (2g) may not bargain collectively with
6respect to any matter other than wages and fringe benefits.
SB233,105,149
111.91
(1) (cm) Except as provided in sub. (2)
(g) and (h) and ss. 40.02 (22) (e)
10and 40.23 (1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40
11and all actions of the employer that are authorized under any such law which apply
12to nonrepresented individuals employed by the state shall apply to similarly situated
13public safety employees, unless otherwise specifically provided in a collective
14bargaining agreement that applies to the
public safety employees.
SB233,105,1917
111.91
(1) (d)
In the case of a collective bargaining unit under s. 111.825 (1) (g),
18demands Demands relating to retirement and group insurance shall be submitted
19to the employer at least one year prior to commencement of negotiations.
SB233, s. 229
20Section
229. 111.91 (1) (e) of the statutes is created to read:
SB233,105,2221
111.91
(1) (e) The employer shall not be required to bargain on matters related
22to employee occupancy of houses or other lodging provided by the state.