AB40-SA36,237
18Section
237. 118.42 (3) (a) 4. of the statutes is amended to read:
AB40-SA36,120,2019
118.42
(3) (a) 4. Implement changes in administrative and personnel
20structures
that are consistent with applicable collective bargaining agreements.
AB40-SA36,238
21Section
238. 118.42 (5) of the statutes is amended to read:
AB40-SA36,120,2422
118.42
(5) Nothing in this section alters or otherwise affects the rights or
23remedies afforded school districts and school district employees under federal or
24state law
or under the terms of any applicable collective bargaining agreement.
AB40-SA36,239
25Section
239. 119.04 (1) of the statutes is amended to read:
AB40-SA36,121,10
1119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
266.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
3115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04,
4118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145
5(4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
6118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10),
118.245, 118.255, 118.258,
7118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12
8(2m),
(4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19),
9(26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to
10a 1st class city school district and board.
AB40-SA36,240
11Section
240. 120.12 (4m) of the statutes is repealed.
AB40-SA36,241
12Section
241. 120.12 (15) of the statutes is amended to read:
AB40-SA36,121,1913
120.12
(15) School hours. Establish rules scheduling the hours of a normal
14school day. The school board may differentiate between the various elementary and
15high school grades in scheduling the school day. The equivalent of 180 such days, as
16defined in s. 115.01 (10), shall be held during the school term.
This subsection does
17not eliminate a school district's duty to bargain with the employee's collective
18bargaining representative over any calendaring proposal that is primarily related to
19wages, hours, or conditions of employment.
AB40-SA36,242
20Section
242. 120.18 (1) (gm) of the statutes is amended to read:
AB40-SA36,122,1221
120.18
(1) (gm) Payroll and related benefit costs for all school district
22employees in the previous school year.
Payroll costs
Costs for represented employees
23shall be based upon the costs
of wages of any collective bargaining agreements
24covering such employees for the previous school year. If, as of the time specified by
25the department for filing the report, the school district has not entered into a
1collective bargaining agreement for any portion of the previous school year with the
2recognized or certified representative of any of its employees
and the school district
3and the representative have been required to submit final offers under s. 111.70 (4)
4(cm) 6., increased costs
of wages limited to the lower of the school district's offer or
5the representative's offer shall be reflected in the report
shall be equal to the
6maximum wage expenditure that is subject to collective bargaining under s. 111.70
7(4) (mb) 2. for the employees. The school district shall amend the annual report to
8reflect any change in such costs as a result of any
collective bargaining agreement
9entered into award or settlement under s. 111.70 (4) (cm) 6. between the date of filing
10the report and October 1. Any such amendment shall be concurred in by the certified
11public accountant licensed or certified under ch. 442 certifying the school district
12audit.
AB40-SA36,243
13Section
243. 230.01 (3) of the statutes is amended to read:
AB40-SA36,122,1514
230.01
(3) Nothing in this chapter shall be construed to either infringe upon
15or supersede the rights guaranteed state employees under subch. V
or VI of ch. 111.
AB40-SA36,244
16Section
244. 230.03 (3) of the statutes is amended to read:
AB40-SA36,123,217
230.03
(3) "Agency" means any board, commission, committee, council, or
18department in state government or a unit thereof created by the constitution or
19statutes if such board, commission, committee, council, department, unit, or the
20head thereof, is authorized to appoint subordinate staff by the constitution or
21statute, except the Board of Regents of the University of Wisconsin System, a
22legislative or judicial board, commission, committee, council, department, or unit
23thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or
24under ch.
53, 231, 232, 233, 234, 237, 238, or 279. "Agency" does not mean any local
1unit of government or body within one or more local units of government that is
2created by law or by action of one or more local units of government.
AB40-SA36,245
3Section
245. 230.046 (10) (a) of the statutes is amended to read:
AB40-SA36,123,54
230.046
(10) (a) Conduct off-the-job employee development and training
5programs relating to functions under this chapter or subch. V
or VI of ch. 111.
AB40-SA36,246
6Section
246. 230.10 (1) of the statutes is amended to read:
AB40-SA36,123,137
230.10
(1) Except as provided under sub. (2), the compensation plan provisions
8of s. 230.12 apply to all employees of the classified service
. If an employee is covered
9under a collective bargaining agreement under subch. V of ch. 111, the compensation
10plan provisions of s. 230.12 apply to that employee, except for those provisions
11relating to matters that are subject to bargaining under a collective bargaining
12agreement that covers the employee, unless they are covered by a collective
13bargaining agreement under subch. V of ch. 111.
AB40-SA36,124,1116
230.12
(3) (e) 1. The director, after receiving recommendations from the board
17of regents and the chancellor of the University of Wisconsin-Madison, shall submit
18to the joint committee on employment relations a proposal for adjusting
19compensation and employee benefits for University of Wisconsin System employees
20who are not included in a collective bargaining unit under subch. VI of ch. 111 for
21which a representative is certified. The proposal shall be based upon the competitive
22ability of the board of regents to recruit and retain qualified faculty and academic
23staff, data collected as to rates of pay for comparable work in other public services,
24universities and commercial and industrial establishments, recommendations of the
25board of regents and any special studies carried on as to the need for any changes in
1compensation and employee benefits to cover each year of the biennium. The
2proposal shall also take proper account of prevailing pay rates, costs and standards
3of living and the state's employment policies. The proposal for such pay adjustments
4may contain recommendations for across-the-board pay adjustments, merit or other
5adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
6shall apply to the process for approval of all pay adjustments for University of
7Wisconsin System employees. The proposal as approved by the joint committee on
8employment relations and the governor shall be based upon a percentage of the
9budgeted salary base for University of Wisconsin System employees. The amount
10included in the proposal for merit and adjustments other than across-the-board pay
11adjustments is available for discretionary use by the board of regents.
AB40-SA36,124,2214
230.34
(1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
15status in class in the classified service and all employees who have served with the
16state as an assistant district attorney for a continuous period of 12 months or more
17(ar), except that for employees specified in s. 111.81 (7) (a) in a collective bargaining
18unit for which a representative is recognized or certified, or for employees specified
19in s. 111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is
20certified, if a collective bargaining agreement is in effect covering employees in the
21collective bargaining unit, the provisions of the collective bargaining agreement
22govern just cause and all aspects of the appeal procedure.
AB40-SA36,249
23Section
249. 230.35 (1s) of the statutes is amended to read:
AB40-SA36,125,524
230.35
(1s) Annual leave of absence with pay for instructional staff employed
25by the board of regents of the University of Wisconsin System who provide services
1for a charter school established by contract under s. 118.40 (2r) (cm) shall be
2determined by the governing board of the charter school established by contract
3under s. 118.40 (2r) (cm), as approved by the chancellor of the University of
4Wisconsin-Parkside
and subject to the terms of any collective bargaining agreement
5under subch. V of ch. 111 covering the instructional staff.
AB40-SA36,250
6Section
250. 230.35 (2d) (e) of the statutes is amended to read:
AB40-SA36,125,107
230.35
(2d) (e) For employees who are included in a collective bargaining unit
8for which a representative is recognized or certified under subch. V
or VI of ch. 111,
9this subsection shall apply unless otherwise provided in a collective bargaining
10agreement.
AB40-SA36,251
11Section
251. 230.35 (3) (e) 6. of the statutes is amended to read:
AB40-SA36,125,1512
230.35
(3) (e) 6. For employees who are included in a collective bargaining unit
13for which a representative is recognized or certified under subch. V
or VI of ch. 111,
14this paragraph shall apply unless otherwise provided in a collective bargaining
15agreement.
AB40-SA36,252
16Section
252. 230.88 (2) (b) of the statutes is amended to read:
AB40-SA36,125,2517
230.88
(2) (b) No collective bargaining agreement supersedes the rights of an
18employee under this subchapter. However, nothing in this subchapter affects any
19right of an employee to pursue a grievance procedure under a collective bargaining
20agreement under subch. V
or VI of ch. 111, and if the division of equal rights
21determines that a grievance arising under such a collective bargaining agreement
22involves the same parties and matters as a complaint under s. 230.85, it shall order
23the arbitrator's final award on the merits conclusive as to the rights of the parties
24to the complaint, on those matters determined in the arbitration which were at issue
25and upon which the determination necessarily depended.
AB40-SA36,253
1Section
253. 233.02 (1) (h) of the statutes is created to read:
AB40-SA36,126,72
233.02
(1) (h) Two nonvoting members appointed by the governor, one of whom
3shall be an employee or a representative of a labor organization recognized or
4certified to represent employees in one of the collective bargaining units specified in
5s. 111.05 (5) (a) and one of whom shall be an employee or a representative of a labor
6organization recognized or certified to represent employees in one of the collective
7bargaining units specified in s. 111.825 (1m).
AB40-SA36,254
8Section
254. 233.02 (8) of the statutes is amended to read:
AB40-SA36,126,179
233.02
(8) The members of the board of directors shall annually elect a
10chairperson and may elect other officers as they consider appropriate. Eight
voting 11members of the board of directors constitute a quorum for the purpose of conducting
12the business and exercising the powers of the authority, notwithstanding the
13existence of any vacancy. The members of the board of directors specified under sub.
14(1) (c) and (g) may not be the chairperson of the board of directors for purposes of
1995
15Wisconsin Act 27, section
9159 (2). The board of directors may take action upon a vote
16of a majority of the members present, unless the bylaws of the authority require a
17larger number.
AB40-SA36,255
18Section
255. 233.03 (7) of the statutes is amended to read:
AB40-SA36,126,2419
233.03
(7) Subject to s. 233.10 and ch. 40 and
1995 Wisconsin Act 27, section
209159 (4) and the duty to engage in collective bargaining with employees in a collective
21bargaining unit for which a representative is recognized or certified under subch. I
22of ch. 111, employ any agent, employee or special advisor that the authority finds
23necessary and fix his or her compensation and provide any employee benefits,
24including an employee pension plan.
AB40-SA36,256
25Section
256. 233.10 (2) (intro.) of the statutes is amended to read:
AB40-SA36,127,4
1233.10
(2) (intro.) Subject to subs. (3), (3r)
, and (3t) and ch. 40
and the duty to
2engage in collective bargaining with employees in a collective bargaining unit for
3which a representative is recognized or certified under subch. I of ch. 111, the
4authority shall establish any of the following:
AB40-SA36,257
5Section
257. 281.75 (4) (b) 3. of the statutes is amended to read:
AB40-SA36,127,76
281.75
(4) (b) 3. An authority created under subch. II of ch. 114 or ch.
52, 231,
7233, 234, 237, or 238.
AB40-SA36,258
8Section
258. 285.59 (1) (b) of the statutes is amended to read:
AB40-SA36,127,189
285.59
(1) (b) "State agency" means any office, department, agency, institution
10of higher education, association, society, or other body in state government created
11or authorized to be created by the constitution or any law which is entitled to expend
12moneys appropriated by law, including the legislature and the courts, the Wisconsin
13Housing and Economic Development Authority, the Bradley Center Sports and
14Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
15Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
16Authority,
the Wisconsin Quality Home Care Authority, the Wisconsin Economic
17Development Corporation, and the Wisconsin Health and Educational Facilities
18Authority.
AB40-SA36,259
19Section
259. 704.31 (3) of the statutes is amended to read:
AB40-SA36,127,2220
704.31
(3) This section does not apply to a lease to which a local professional
21baseball park district created under subch. III of ch. 229
, the Wisconsin Quality
22Home Care Authority, or the Fox River Navigational System Authority is a party.
AB40-SA36,260
23Section
260. 851.71 (4) of the statutes is amended to read:
AB40-SA36,128,324
851.71
(4) In counties having a population of 500,000 or more, the appointment
25under subs. (1) and (2) shall be made as provided in those subsections but the judges
1shall not remove the register in probate and deputy registers, except through charges
2for dismissal made and sustained under s. 63.10
or an applicable collective
3bargaining agreement.
AB40-SA36,261
4Section
261. 904.085 (2) (a) of the statutes is amended to read:
AB40-SA36,128,105
904.085
(2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
6under s. 111.54, mediation under s. 111.11, 111.70 (4)
(cg) or (cm) 3. or 111.87,
7mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
8or s. 767.405, or any similar statutory, contractual or court-referred process
9facilitating the voluntary resolution of disputes. "Mediation" does not include
10binding arbitration or appraisal.
AB40-SA36,262
11Section
262. 978.12 (1) (c) of the statutes is amended to read:
AB40-SA36,128,2012
978.12
(1) (c)
Assistant district attorneys. Assistant district attorneys shall be
13employed outside the classified service. For purposes of salary administration, the
14director of the office of state employment relations shall establish one or more
15classifications for assistant district attorneys in accordance with the classification
16or classifications allocated to assistant attorneys general. Except as provided in ss.
17111.93 (3)
(b) and 230.12 (10), the salaries of assistant district attorneys shall be
18established and adjusted in accordance with the state compensation plan for
19assistant attorneys general whose positions are allocated to the classification or
20classifications established by the director of the office of state employment relations.
AB40-SA36,129,6
1"
(1h) Public sector collective bargaining. All material inserted into 2013
2Assembly Bill 40, as shown by Assembly Substitute Amendment 1, under item 1. of
3LRBb0722/1 first applies to an employee who is covered by a collective bargaining
4agreement under subchapter I, IV, or V of chapter 111 of the statutes on the day on
5which the agreement expires, or is terminated, extended, modified, or renewed,
6whichever comes first.".