SB233: Bill Text

SB233,129,5 (2) The occurrence of a strike and the participation in the strike by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including all of the following:

SB233,129,7 (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating in the strike.

SB233,129,9 (b) The right to cancel the reinstatement eligibility of any employee engaging in the strike.

SB233,129,12 (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging in the strike, or to sue for damages because of such strike activity.

SB233,129,14 111.997 Management rights. Nothing in this subchapter shall interfere with the right of the board, in accordance with this subchapter, to do any of the following:

SB233,129,17 (1) Carry out the statutory mandate and goals assigned to the board by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

SB233,129,21 (2) Suspend, demote, discharge, or take other appropriate disciplinary action against the employee; or to lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and nonproductive.

SB233,129,24 111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (f), matters subject to collective bargaining to the point of impasse are salaries; fringe benefits consistent with sub. (2); and hours and conditions of employment.

SB233,130,4 (b) The board is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of bargaining.

SB233,130,5 (c) The board is prohibited from bargaining on matters contained in sub. (2).

SB233,130,11 (d) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all actions of the board that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

SB233,130,13 (e) Demands relating to retirement and group insurance shall be submitted to the board at least one year prior to commencement of negotiations.

SB233,130,15 (f) The board is not required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

SB233,130,16 (2) The board is prohibited from bargaining on:

SB233,130,21 (a) The mission and goals of the University of Wisconsin System as set forth in the statutes; the diminution of the right of tenure provided the faculty under s. 36.13, the rights granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the rights of appointment provided academic staff under s. 36.15; or academic freedom.

SB233,130,22 (b) Amendments to this subchapter.

SB233,131,2 (c) Family leave and medical leave rights below the minimum afforded under s. 103.10. Nothing in this paragraph prohibits bargaining on rights to family leave or medical leave which are more generous to the employee than the rights provided under s. 103.10.

SB233,131,4 (d) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a) 3.

SB233,131,6 (e) The rights of employees to have retirement benefits computed under s. 40.30.

SB233,131,8 (f) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.

SB233,131,9 (h) Creditable service to which s. 40.285 (2) (b) 4. applies.

SB233,131,11 (i) Compliance with the health benefit plan requirements under ss. 632.746 (1) to (8) and (10), 632.747, and 632.748.

SB233,131,12 (j) Compliance with the insurance requirements under s. 631.95.

SB233,131,13 (k) The definition of earnings under s. 40.02 (22).

SB233,131,14 (L) The maximum benefit limitations under s. 40.31

SB233,131,15 (m) The limitations on contributions under s. 40.32.

SB233,131,17 (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14).

SB233,131,19 (o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.

SB233,131,20 (p) The requirements related to coverage of drugs and devices under s. 632.853.

SB233,131,21 (q) The requirements related to experimental treatment under s. 632.855.

SB233,131,23 (r) The requirements under s. 609.10 related to offering a point-of-service option plan.

SB233,132,3 (s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.

SB233,132,7 (3) Upon request, the chancellor at each institution, or his or her designee, shall meet and confer with the collective bargaining representative, if any, with regard to any issue that is a permissive subject of bargaining, except when the issue is under active consideration by a governance organization under s. 36.09 (4) or (4m).

SB233,132,13 111.999 Labor proposals. The board shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

SB233,133,10 111.9991 Agreements. (1) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 shall, after official ratification by the labor organization, be submitted by the board to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions, or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and that recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

SB233,133,11 (2) No portion of any tentative agreement shall become effective separately.

SB233,133,12 (3) Agreements shall coincide with the fiscal year or biennium.

SB233,133,14 (4) The negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.

SB233,133,16 (5) All compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

SB233,133,21 111.9992 Status of existing benefits and rights. Unless a prohibited subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules governing the salaries, fringe benefits, hours, and conditions of employment apply to each employee, unless otherwise provided in a collective bargaining agreement.

SB233,134,3 111.9993 Rules, transcripts, fees. (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings under this subchapter. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i).

SB233,135,3 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.991. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.993. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.995. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.994. For the performance of commission actions under ss. 111.993, 111.994, and 111.995, the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.991, the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation, or arbitration. A complaint or request for fact-finding, mediation, or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

SB233, s. 243 Section 243. 111.965 of the statutes, as created by 2011 Wisconsin Act .... (this act), is renumbered 111.965 (1m) and amended to read:.

SB233,135,14 111.965 (1m) (a) In the furtherance of this subchapter, the state shall be considered as a single employer. The With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the board shall maintain close liaison with the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The board shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the board that require legislative action.

SB233,135,18 (b) The With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The board shall coordinate its actions with the director of the office.

SB233, s. 244 Section 244. 111.965 (2m) of the statutes is created to read:

SB233,136,3 111.965 (2m) (a) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the University of Wisconsin-Madison shall maintain close liaison with the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The University of Wisconsin-Madison shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the University of Wisconsin-Madison that require legislative action.

SB233,136,8 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The University of Wisconsin-Madison shall coordinate its actions with the director of the office.

SB233, s. 245 Section 245. 111.98 (2) (a) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,137,2 111.98 (2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described under sub. (1) (a) (b) to (i) or (jk) to (r) may be combined into a single unit or the collective bargaining units described under sub. (1) (a) and (j) may be combined into a single unit. If 2 or more collective bargaining units seek to combine into a single collective bargaining unit, the commission shall, upon the petition of at least 30 percent of the employees in each unit, hold an election, or include on any ballot for an election held under s. 111.990 (2) the question of whether to combine units, to determine whether a majority of those employees voting in each unit desire to combine into a single unit. A combined collective bargaining unit shall be formed including all employees from each of those units in which a majority of the employees voting in the election approve a combined unit. The combined collective bargaining unit shall be formed immediately if there is no existing collective bargaining agreement in force in any of the units to be combined. If there is a collective bargaining agreement in force at the time of the election in any of the collective bargaining units to be combined, the combined unit shall be formed upon expiration of the last agreement for the units concerned.

SB233, s. 246 Section 246. 111.997 (intro.) and (1) of the statutes, as created by 2011 Wisconsin Act .... (this act), are amended to read:

SB233,137,7 111.997 Management rights. (intro.) Nothing in this subchapter shall interfere with the right of the board or of the University of Wisconsin-Madison, in accordance with this subchapter, to do any of the following:

SB233,137,10 (1) Carry out the statutory mandate and goals assigned to the board or to the University of Wisconsin-Madison by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

SB233, s. 247 Section 247. 111.998 (1) (b) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,137,18 111.998 (1) (b) The With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board and, with respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of bargaining.

SB233, s. 248 Section 248. 111.998 (1) (c) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,137,22 111.998 (1) (c) The board is and the University of Wisconsin-Madison are prohibited from bargaining on matters contained in sub. (2).

SB233, s. 249 Section 249. 111.998 (1) (d) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,138,6 111.998 (1) (d) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all actions of the board and of the University of Wisconsin-Madison that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

SB233, s. 250 Section 250. 111.998 (1) (e) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,138,11 111.998 (1) (e) Demands relating to retirement and group insurance shall be submitted to the board or to the University of Wisconsin-Madison, whichever is appropriate, at least one year prior to commencement of negotiations.

SB233, s. 251 Section 251. 111.998 (1) (f) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,138,16 111.998 (1) (f) The Neither the board nor the University of Wisconsin-Madison is not required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

SB233, s. 252 Section 252. 111.998 (2) (intro.) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

SB233,138,20 111.998 (2) (intro.) The board is and the University of Wisconsin-Madison are prohibited from bargaining on:

SB233, s. 253 Section 253. 111.999 of the statutes, as created by 2011 Wisconsin Act .... (this act), is renumbered 111.999 (1) and amended to read:.

SB233,139,4 111.999 (1) The With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

SB233, s. 254 Section 254. 111.999 (2) of the statutes is created to read:

SB233,139,12 111.999 (2) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization or to be agreed to before such proposal is actually offered or accepted.

SB233, s. 255 Section 255. 111.9991 (1) of the statutes, as created by 2011 Wisconsin Act .... (this act), is renumbered 111.9991 (1) (a) and amended to read:

SB233,139,20 111.9991 (1) (a) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r) shall, after official ratification by the labor organization, be submitted by the board to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

SB233,140,12 (c) If the committee approves the a tentative agreement under par. (a) or (b), it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions, or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and that recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

SB233, s. 256 Section 256. 111.9991 (1) (b) of the statutes is created to read:

SB233,140,19 111.9991 (1) (b) Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 (1) (a) or (j) shall, after official ratification by the labor organization, be submitted by the University of Wisconsin-Madison to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

SB233, s. 257 Section 257. 118.22 (4) of the statutes is created to read:

SB233,140,24 118.22 (4) A collective bargaining agreement may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

SB233, s. 258 Section 258. 118.223 of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

SB233, s. 259 Section 259. 118.23 (5) of the statutes is created to read:

SB233,141,7 118.23 (5) A collective bargaining agreement may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

SB233, s. 260 Section 260. 118.245 of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

SB233, s. 261 Section 261. 118.40 (2r) (b) 3. a. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,141,18 118.40 (2r) (b) 3. a. Delegate to the governing board of the charter school the board of regents' authority to establish and adjust all compensation and fringe benefits of instructional staff, subject to the terms of any collective bargaining agreement under subch. V of ch. 111 that covers the instructional staff. In the absence of a collective bargaining agreement, the governing board may establish and adjust all compensation and fringe benefits of the instructional staff only with the approval of the chancellor of the University of Wisconsin-Parkside.

SB233, s. 262 Section 262. 118.42 (3) (a) 4. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,141,22 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.

SB233, s. 263 Section 263. 118.42 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,142,3 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement.

SB233, s. 264 Section 264. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB233,142,14 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

SB233, s. 265 Section 265. 120.12 (4m) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.