Amendment SA36-AB40

AB40-SA36,169 Section 169. 111.71 (2) of the statutes is amended to read:

AB40-SA36,99,25 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). 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. 111.70 (4) (c) 2., (cg) 4., or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1., (cg) 3., or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 1m., 2., and 3., (cg) 3., 4., and 6., (cm) 3. and, 4., and 6., and (jm) and 111.77 (3), 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 a prohibited practice has been committed under s. 111.70 (3), 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 dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as is 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 the fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3) may not prohibit the commission from initiating such the arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB40-SA36,170 Section 170. 111.71 (4) of the statutes is created to read:

AB40-SA36,100,25 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually submit a report on the opinion to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB40-SA36,171 Section 171. 111.71 (4m) of the statutes is repealed.

AB40-SA36,172 Section 172. 111.71 (5) of the statutes is created to read:

AB40-SA36,101,10 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall promote the programs to and recruit participation throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee to participate in the programs.

AB40-SA36,173 Section 173. 111.71 (5m) of the statutes is repealed.

AB40-SA36,174 Section 174. 111.77 (intro.) of the statutes is amended to read:

AB40-SA36,101,18 111.77 Settlement of disputes in collective bargaining units composed of law enforcement personnel and fire fighters. (intro.) Municipal In fire departments and city and county law enforcement agencies municipal employers and public safety employees, as provided in sub. (8), have the duty to bargain collectively in good faith including the duty to refrain from strikes or lockouts and to comply with the following:

AB40-SA36,175 Section 175. 111.77 (8) (a) of the statutes is amended to read:

AB40-SA36,101,23 111.77 (8) (a) This section applies to public safety employees who are law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the term "municipal employee" includes such a supervisor.

AB40-SA36,176 Section 176. 111.77 (9) of the statutes is amended to read:

AB40-SA36,102,2 111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) does not apply to employments covered by this section.

AB40-SA36,177 Section 177. 111.80 of the statutes is created to read:

AB40-SA36,102,6 111.80 Declaration of policy. The public policy of the state as to labor relations and collective bargaining in state employment, in the furtherance of which this subchapter is enacted, is as follows:

AB40-SA36,102,10 (1) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB40-SA36,102,20 (2) Orderly and constructive employment relations for employees and the efficient administration of state government are promotive of all these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employee management relations in state employment, and the availability of suitable machinery for fair and peaceful adjustment of whatever controversies may arise. It is recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding state employment relations, neither party has any right to engage in acts or practices that jeopardize the public safety and interest and interfere with the effective conduct of public business.

AB40-SA36,103,2 (3) Where permitted under this subchapter, negotiations of terms and conditions of state employment should result from voluntary agreement between the state and its agents as employer, and its employees. For that purpose an employee may, if the employee desires, associate with others in organizing and in bargaining collectively through representatives of the employee's own choosing without intimidations or coercion from any source.

AB40-SA36,103,9 (4) It is the policy of this state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to encourage the practices and procedures of collective bargaining in state employment subject to the requirements of the public service and related laws, rules, and policies governing state employment, by establishing standards of fair conduct in state employment relations, and by providing a convenient, expeditious, and impartial tribunal in which these interests may have their respective rights determined.

AB40-SA36,178 Section 178. 111.81 (1) of the statutes is amended to read:

AB40-SA36,103,20 111.81 (1) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3), with respect to general employees, with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-SA36,179 Section 179. 111.81 (3h) of the statutes is created to read:

AB40-SA36,103,22 111.81 (3h) "Consumer" has the meaning given in s. 46.2898 (1) (cm).

AB40-SA36,180 Section 180. 111.81 (3n) of the statutes is repealed.

AB40-SA36,181 Section 181. 111.81 (7) (g) of the statutes is created to read:

AB40-SA36,104,3 111.81 (7) (g) For purposes of this subchapter only, home care providers. This paragraph does not make home care providers state employees for any other purpose except collective bargaining.

AB40-SA36,182 Section 182. 111.81 (9) of the statutes is amended to read:

AB40-SA36,104,10 111.81 (9) "Fair-share agreement" means an agreement between the employer and a labor organization representing public safety employees or supervisors specified in s. 111.825 (5) under which all of the public safety employees or supervisors in a 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.

AB40-SA36,183 Section 183. 111.81 (9g) of the statutes is repealed.

AB40-SA36,184 Section 184. 111.81 (9k) of the statutes is created to read:

AB40-SA36,104,14 111.81 (9k) "Home care provider" means a qualified provider under s. 46.2898 (1) (f).

AB40-SA36,185 Section 185. 111.81 (12) (intro.) of the statutes is amended to read:

AB40-SA36,104,20 111.81 (12) (intro.) "Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters that are subject to collective bargaining under s. 111.91 (1) or (3), whichever is applicable pertaining to terms and conditions of employment; but the term shall not include any organization:

AB40-SA36,186 Section 186. 111.81 (12m) of the statutes is amended to read:

AB40-SA36,105,4 111.81 (12m) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing public safety employees or supervisors specified in s. 111.825 (5) which requires that all of the public safety employees or supervisors whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement, and that dues shall be deducted from the earnings of all public safety employees or supervisors who are hired on or after the effective date of the agreement.

AB40-SA36,187 Section 187. 111.81 (15r) of the statutes is repealed.

AB40-SA36,188 Section 188. 111.81 (16) of the statutes is amended to read:

AB40-SA36,105,11 111.81 (16) "Referendum" means a proceeding conducted by the commission in which public safety employees, or supervisors specified in s. 111.825 (5), in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

AB40-SA36,189 Section 189. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 111.815 (1) (a) and amended to read:

AB40-SA36,105,24 111.815 (1) (a) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements, except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements.

AB40-SA36,106,6 (b) 1. Except with respect to the collective bargaining unit specified in s. 111.825 (1r), (1t),, and (2g), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action.

AB40-SA36,106,9 2. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter.

AB40-SA36,106,12 3. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter.

AB40-SA36,106,15 4. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter.

AB40-SA36,190 Section 190. 111.815 (1) (b) 5. of the statutes is created to read:

AB40-SA36,106,19 111.815 (1) (b) 5. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

AB40-SA36,191 Section 191. 111.815 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,107,3 111.815 (2) The In the furtherance of the policy under s. 111.80 (4), the director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining unit units specified in s. 111.825 (1r), (1t), and (2g). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

AB40-SA36,192 Section 192. 111.82 of the statutes is amended to read:

AB40-SA36,107,11 111.82 Rights of employees. 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 under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any or all of such activities. A general employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit.

AB40-SA36,193 Section 193. 111.825 (1) (g) of the statutes is repealed.

AB40-SA36,194 Section 194. 111.825 (2g) of the statutes is created to read:

AB40-SA36,107,15 111.825 (2g) A collective bargaining unit for employees who are home care providers shall be structured as a single statewide collective bargaining unit.

AB40-SA36,195 Section 195. 111.825 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,107,19 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1r), (1t), and (2), and (2g).

AB40-SA36,196 Section 196. 111.825 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,108,4 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1) , (1r), (1t), or (2), or (2g) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.

AB40-SA36,197 Section 197. 111.825 (5) of the statutes is amended to read:

AB40-SA36,108,17 111.825 (5) Although supervisors are not considered employees for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employees. For purposes of this subsection, affiliation does not include membership in a national, state, county or municipal federation of national or international labor organizations. The certified representative of supervisors who are not public safety employees may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (3), and the certified representative of supervisors who are public safety employees may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (1).

AB40-SA36,198 Section 198. 111.825 (6) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 111.825 (6).

AB40-SA36,199 Section 199. 111.825 (6) (b) of the statutes is repealed.

AB40-SA36,200 Section 200. 111.83 (1) of the statutes is amended to read:

AB40-SA36,109,7 111.83 (1) Except as provided in sub. subs. (5) and (5m), a representative chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with said employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

AB40-SA36,201 Section 201. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).

AB40-SA36,202 Section 202. 111.83 (3) (b) of the statutes is repealed.

AB40-SA36,203 Section 203. 111.83 (4) of the statutes is amended to read:

AB40-SA36,109,19 111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, if requested by any party to the proceeding within 30 days from the date of the certification of the results of the election, conduct a runoff election. In that runoff election, the commission shall drop from the ballot the name of the representative who received the least number of votes at the original election. The commission shall drop from the ballot the privilege of voting against any representative if the least number of votes cast at the first election was against representation by any named representative.

AB40-SA36,204 Section 204. 111.83 (5m) of the statutes is created to read:

AB40-SA36,109,22 111.83 (5m) (a) This subsection applies only to a collective bargaining unit specified in s. 111.825 (2g).

AB40-SA36,109,25 (am) 1. Subject to subd. 2., the department of health services shall provide a labor organization with the list of home care providers provided to the department of health services under s. 52.20 (5) if any of the following applies:

AB40-SA36,110,3 a. The labor organization demonstrates a showing of interest of at least 3 percent of home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by that labor organization.

AB40-SA36,110,5 b. The labor organization is a certified representative of any home care providers in this state.

AB40-SA36,110,7 c. The labor organization was a certified representative of any home care providers in this state prior to July 1, 2009.

AB40-SA36,110,10 2. A labor organization shall agree to use any list it receives under subd. 1. only for communicating with home care providers concerning the exercise of their rights under s. 111.82 and shall agree to keep the list confidential.

AB40-SA36,110,21 (b) Upon the filing of a petition with the commission indicating a showing of interest of at least 30 percent of the home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to change the existing representative, the commission shall hold an election in which the home care providers may vote on the question of representation. The labor organization named in the petition shall be included on the ballot. Within 60 days of the time that the petition is filed, another petition may be filed with the commission indicating a showing of interest of at least 10 percent of the home care providers who are included in the collective bargaining unit under s. 111.825 (2g) to be represented by another labor organization, in which case the name of that labor organization shall also be included on the ballot.

AB40-SA36,111,2 (c) If at an election held under par. (b), a majority of home care providers voting in the collective bargaining unit vote for a single labor organization, the labor organization shall be the exclusive representative for all home care providers in that collective bargaining unit. If no single labor organization receives a majority of the votes cast, the commission may hold one or more runoff elections under sub. (4) until one labor organization receives a majority of the votes cast.

AB40-SA36,205 Section 205. 111.84 (1) (b) of the statutes is amended to read:

AB40-SA36,111,21 111.84 (1) (b) Except as otherwise provided in this paragraph, to initiate, create, dominate or interfere with the formation or administration of any labor or employee organization or contribute financial support to it. Except as provided in ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin retirement system under ch. 40 and no action by the employer that is authorized by such a law constitutes a violation of this paragraph unless an applicable collective bargaining agreement covering a collective bargaining unit under s. 111.825 (1) (g) specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively with a collective bargaining unit under s. 111.825 (1) (g) regarding the Wisconsin retirement system under ch. 40 to the extent required by s. 111.91 (1). It is not an unfair labor practice for the employer to reimburse an employee at his or her prevailing wage rate for the time spent during the employee's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter. Professional supervisory or craft personnel may maintain membership in professional or craft organizations; however, as members of such organizations they shall be prohibited from those activities related to collective bargaining in which the organizations may engage.

AB40-SA36,206 Section 206. 111.84 (1) (d) of the statutes is amended to read:

AB40-SA36,112,7 111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with a representative of a majority of its employees in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-SA36,207 Section 207. 111.84 (1) (f) of the statutes is amended to read:

AB40-SA36,112,17 111.84 (1) (f) To deduct labor organization dues from the an employee's earnings of a public safety employee, unless the employer has been presented with an individual order therefor, signed by the public safety employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a 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.

AB40-SA36,208 Section 208. 111.84 (2) (c) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,113,2 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (ar) to (f) (g) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-SA36,209 Section 209. 111.84 (3) of the statutes is amended to read:

AB40-SA36,113,7 111.84 (3) It is an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by sub. subs. (1) or and (2).

AB40-SA36,210 Section 210. 111.845 of the statutes is repealed.

AB40-SA36,211 Section 211. 111.85 (1), (2) and (4) of the statutes are amended to read: