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.
SB233,106,2
1111.91
(2) (intro.) The employer is prohibited from bargaining
with a collective
2bargaining unit under s. 111.825 (1) (g) with respect to all of the following:
SB233,106,117
111.91
(2) (gu) The right of
a public safety employee, who is an employee, as
8defined in s. 103.88 (1) (d),
and who is a fire fighter, emergency medical technician,
9first responder, or ambulance driver for a volunteer fire department or fire company,
10a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined
11in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).
SB233, s. 233
12Section
233. 111.91 (2c) of the statutes is created to read:
SB233,106,1513
111.91
(2c) In addition to the prohibited subjects under sub. (2), the employer
14is prohibited from bargaining with a collective bargaining unit formed under s.
15111.825 (2g) on any of the following:
SB233,106,1616
(a) Policies.
SB233,106,1717
(b) Work rules.
SB233,106,1818
(c) Hours of employment.
SB233,106,1919
(d) Any right of the consumer under s. 111.905.
SB233,107,23
1111.92
(1) (a) Any tentative agreement reached between the office
, or, as
2provided in s. 111.815 (1), the department of health services, acting for the state, and
3any labor organization representing a collective bargaining unit specified in s.
4111.825 (1)
or, (2) (a) to (e)
, or (2g) shall, after official ratification by the labor
5organization, be submitted by the office
or department of health services to the joint
6committee on employment relations, which shall hold a public hearing before
7determining its approval or disapproval. If the committee approves the tentative
8agreement, it shall introduce in a bill or companion bills, to be put on the calendar
9or referred to the appropriate scheduling committee of each house, that portion of the
10tentative agreement which requires legislative action for implementation, such as
11salary and wage adjustments, changes in fringe benefits, and any proposed
12amendments, deletions or additions to existing law. Such bill or companion bills are
13not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may,
14however, submit suitable portions of the tentative agreement to appropriate
15legislative committees for advisory recommendations on the proposed terms. The
16committee shall accompany the introduction of such proposed legislation with a
17message that informs the legislature of the committee's concurrence with the
18matters under consideration and which recommends the passage of such legislation
19without change. If the joint committee on employment relations does not approve
20the tentative agreement, it shall be returned to the parties for renegotiation. If the
21legislature does not adopt without change that portion of the tentative agreement
22introduced by the joint committee on employment relations, the tentative agreement
23shall be returned to the parties for renegotiation.
SB233, s. 237
24Section
237. 111.92 (2m) of the statutes is created to read:
SB233,108,2
1111.92
(2m) A collective bargaining agreement entered into by a collective
2bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2011.
SB233,108,65
111.92
(3) Agreements
covering a collective bargaining unit specified under s.
6111.825 (1) (g) shall coincide with the fiscal year or biennium.
SB233,108,1911
111.93
(3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm),
12230.35 (2d) and (3) (e) 6., and 230.88 (2) (b),
all of the following apply: (a) If if a
13collective bargaining agreement exists between the employer and a labor
14organization representing employees in a collective bargaining unit
under s. 111.825
15(1) (g), the provisions of that agreement shall supersede the provisions of civil service
16and other applicable statutes, as well as rules and policies of the board of regents of
17the University of Wisconsin System, related to wages, fringe benefits, hours, and
18conditions of employment whether or not the matters contained in those statutes,
19rules, and policies are set forth in the collective bargaining agreement.
SB233, s. 242
22Section
242. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is
23created to read:
SB233,108,2424
CHAPTER 111
SB233,108,2525
SUBCHAPTER VI
SB233,109,3
1UNIVERSITY OF WISCONSIN SYSTEM
2
FACULTY AND ACADEMIC STAFF
3
LABOR RELATIONS
SB233,109,7
4111.95 Declaration of policy. The public policy of the state as to labor
5relations and collective bargaining involving faculty and academic staff at the
6University of Wisconsin System, in furtherance of which this subchapter is enacted,
7is as follows:
SB233,109,10
8(1) The people of the state of Wisconsin have a fundamental interest in
9developing harmonious and cooperative labor relations within the University of
10Wisconsin System.
SB233,109,14
11(2) It recognizes that there are 3 major interests involved: that of the public,
12that of the employee, and that of the employer. These 3 interests are to a considerable
13extent interrelated. It is the policy of this state to protect and promote each of these
14interests with due regard to the rights of the others.
SB233,109,15
15111.96 Definitions. In this subchapter:
SB233,109,18
16(1) "Academic staff" means academic staff under s. 36.15, but does not include
17any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is
18appointed to a visiting faculty position.
SB233,109,19
19(2) "Board" means the Board of Regents of the University of Wisconsin System.
SB233,110,2
20(3) "Collective bargaining" means the performance of the mutual obligation of
21the state as an employer, by its officers and agents, and the representatives of its
22employees, to meet and confer at reasonable times, in good faith, with respect to the
23subjects of bargaining provided in s. 111.998 with the intention of reaching an
24agreement, or to resolve questions arising under such an agreement. The duty to
25bargain, however, does not compel either party to agree to a proposal or require the
1making of a concession. Collective bargaining includes the reduction of any
2agreement reached to a written and signed document.
SB233,110,3
3(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
SB233,110,4
4(5) "Commission" means the employment relations commission.
SB233,110,7
5(6) "Election" means a proceeding conducted by the commission in which the
6employees in a collective bargaining unit cast a secret ballot for collective bargaining
7representatives, or for any other purpose specified in this subchapter.
SB233,110,8
8(7) "Employee" includes:
SB233,110,119
(a) All faculty, including specifically faculty who are supervisors or
10management employees, but not including faculty holding a limited appointment
11under s. 36.17 or deans.
SB233,110,1412
(b) All academic staff, except for supervisors, management employees, and
13individuals who are privy to confidential matters affecting the employer-employee
14relationship.
SB233,110,15
15(8) "Employer" means the state of Wisconsin.
SB233,110,17
16(9) "Faculty" means faculty under s. 36.13, except for an individual holding an
17appointment under s. 36.15.
SB233,110,22
18(10) "Fair-share agreement" means an agreement between the employer and
19a labor organization representing employees under which all of the employees in a
20collective bargaining unit are required to pay their proportionate share of the cost
21of the collective bargaining process and contract administration measured by the
22amount of dues uniformly required of all members.
SB233,110,23
23(11) "Institution" has the meaning given in s. 36.05 (9).
SB233,110,25
24(12) "Labor dispute" means any controversy with respect to the subjects of
25bargaining provided in this subchapter.
SB233,111,4
1(13) "Labor organization" means any employee organization whose purpose is
2to represent employees in collective bargaining with the employer, or its agents, on
3matters pertaining to terms and conditions of employment, but does not include any
4organization that does any of the following:
SB233,111,65
(a) Advocates the overthrow of the constitutional form of government in the
6United States.
SB233,111,87
(b) Discriminates with regard to the terms or conditions of membership
8because of race, color, creed, sex, age, sexual orientation, or national origin.
SB233,111,15
9(14) "Maintenance of membership agreement" means an agreement between
10the employer and a labor organization representing employees that requires that all
11of the employees whose dues are being deducted from earnings under s. 20.921 (1)
12or 111.992 at or after the time the agreement takes effect shall continue to have dues
13deducted for the duration of the agreement and that dues shall be deducted from the
14earnings of all employees who are hired on or after the effective date of the
15agreement.
SB233,111,17
16(15) "Management employees" includes those personnel engaged
17predominately in executive and managerial functions.
SB233,111,19
18(16) "Office" means the office of state employment relations in the department
19of administration.
SB233,111,24
20(17) "Referendum" means a proceeding conducted by the commission in which
21employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
22may cast a secret ballot on the question of directing the labor organization and the
23employer to enter into a fair-share agreement or to terminate a fair-share
24agreement.
SB233,112,2
1(18) "Representative" includes any person chosen by an employee to represent
2the employee.
SB233,112,6
3(19) "Strike" includes any strike or other concerted stoppage of work by
4employees, any concerted slowdown or other concerted interruption of operations or
5services by employees, or any concerted refusal to work or perform their usual duties
6as employees of the state.