AB40-SA36,38,55 SUBCHAPTER VI
AB40-SA36,38,86 UNIVERSITY OF WISCONSIN SYSTEM
7 FACULTY AND ACADEMIC STAFF
8 LABOR RELATIONS
AB40-SA36,38,12 9111.95 Declaration of policy. The public policy of the state as to labor
10relations and collective bargaining involving faculty and academic staff at the
11University of Wisconsin System, in furtherance of which this subchapter is enacted,
12is as follows:
AB40-SA36,38,15 13(1) The people of the state of Wisconsin have a fundamental interest in
14developing harmonious and cooperative labor relations within the University of
15Wisconsin System.
AB40-SA36,38,19 16(2) It recognizes that there are 3 major interests involved: that of the public,
17that of the employee, and that of the employer. These 3 interests are to a considerable
18extent interrelated. It is the policy of this state to protect and promote each of these
19interests with due regard to the rights of the others.
AB40-SA36,38,20 20111.96 Definitions. In this subchapter:
AB40-SA36,38,23 21(1) "Academic staff" means academic staff under s. 36.15, but does not include
22any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is
23appointed to a visiting faculty position.
AB40-SA36,38,24 24(2) "Board" means the Board of Regents of the University of Wisconsin System.
AB40-SA36,39,8
1(3) "Collective bargaining" means the performance of the mutual obligation of
2the state as an employer, by its officers and agents, and the representatives of its
3employees, to meet and confer at reasonable times, in good faith, with respect to the
4subjects of bargaining provided in s. 111.998 with the intention of reaching an
5agreement, or to resolve questions arising under such an agreement. The duty to
6bargain, however, does not compel either party to agree to a proposal or require the
7making of a concession. Collective bargaining includes the reduction of any
8agreement reached to a written and signed document.
AB40-SA36,39,9 9(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
AB40-SA36,39,10 10(5) "Commission" means the employment relations commission.
AB40-SA36,39,13 11(6) "Election" means a proceeding conducted by the commission in which the
12employees in a collective bargaining unit cast a secret ballot for collective bargaining
13representatives, or for any other purpose specified in this subchapter.
AB40-SA36,39,14 14(7) "Employee" includes:
AB40-SA36,39,1715 (a) All faculty, including faculty who are supervisors or management
16employees, but not including faculty holding a limited appointment under s. 36.17
17or deans.
AB40-SA36,39,2018 (b) All academic staff, except for supervisors, management employees, and
19individuals who are privy to confidential matters affecting the employer-employee
20relationship.
AB40-SA36,39,21 21(8) "Employer" means the state of Wisconsin.
AB40-SA36,39,23 22(9) "Faculty" means faculty under s. 36.13, except for an individual holding an
23appointment under s. 36.15.
AB40-SA36,40,3 24(10) "Fair-share agreement" means an agreement between the employer and
25a labor organization representing employees under which all of the employees in a

1collective bargaining unit are required to pay their proportionate share of the cost
2of the collective bargaining process and contract administration measured by the
3amount of dues uniformly required of all members.
AB40-SA36,40,4 4(11) "Institution" has the meaning given in s. 36.05 (9).
AB40-SA36,40,6 5(12) "Labor dispute" means any controversy with respect to the subjects of
6bargaining provided in this subchapter.
AB40-SA36,40,10 7(13) "Labor organization" means any employee organization whose purpose is
8to represent employees in collective bargaining with the employer, or its agents, on
9matters pertaining to terms and conditions of employment, but does not include any
10organization that does any of the following:
AB40-SA36,40,1211 (a) Advocates the overthrow of the constitutional form of government in the
12United States.
AB40-SA36,40,1413 (b) Discriminates with regard to the terms or conditions of membership
14because of race, color, creed, sex, age, sexual orientation, or national origin.
AB40-SA36,40,21 15(14) "Maintenance of membership agreement" means an agreement between
16the employer and a labor organization representing employees that requires that all
17of the employees whose dues are being deducted from earnings under s. 20.921 (1)
18or 111.992 (1) (c) at or after the time the agreement takes effect continue to have dues
19deducted for the duration of the agreement and that dues be deducted from the
20earnings of all employees who are hired on or after the effective date of the
21agreement.
AB40-SA36,40,23 22(15) "Management employees" includes those personnel engaged
23predominately in executive and managerial functions.
AB40-SA36,40,25 24(16) "Office" means the office of state employment relations in the department
25of administration.
AB40-SA36,41,5
1(17) "Referendum" means a proceeding conducted by the commission in which
2employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
3may cast a secret ballot on the question of directing the labor organization and the
4employer to enter into a fair-share agreement or to terminate a fair-share
5agreement.
AB40-SA36,41,7 6(18) "Representative" includes any person chosen by an employee to represent
7the employee.
AB40-SA36,41,11 8(19) "Strike" includes any strike or other concerted stoppage of work by
9employees, any concerted slowdown or other concerted interruption of operations or
10services by employees, or any concerted refusal to work or perform their usual duties
11as employees of the state.
AB40-SA36,41,17 12(20) "Supervisor" means any individual whose principal work is different from
13that of the individual's subordinates and who has authority, in the interest of the
14employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
15reward, or discipline employees, or to adjust their grievances, or to authoritatively
16recommend such action, if the individual's exercise of such authority is not of a
17merely routine or clerical nature, but requires the use of independent judgment.
AB40-SA36,41,19 18(21) "Unfair labor practice" means any unfair labor practice specified in s.
19111.991.
AB40-SA36,42,3 20111.965 Duties of the state. (1) (a) In the furtherance of this subchapter, the
21state shall be considered as a single employer. With respect to a collective bargaining
22unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall negotiate and
23administer collective bargaining agreements. To coordinate the employer position
24in the negotiation of agreements, the board shall maintain close liaison with the
25office relative to the negotiation of agreements and the fiscal ramifications of those

1agreements. The board shall coordinate its collective bargaining activities with the
2office. The legislative branch shall act upon those portions of tentative agreements
3negotiated by the board that require legislative action.
AB40-SA36,42,74 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to
5(i) or (jk) to (r), the board shall establish a collective bargaining capacity and shall
6represent the state in its responsibility as an employer under this subchapter. The
7board shall coordinate its actions with the director of the office.
AB40-SA36,42,16 8(2m) (a) With respect to a collective bargaining unit specified in s. 111.98 (1)
9(a) or (j), the University of Wisconsin-Madison shall negotiate and administer
10collective bargaining agreements. To coordinate the employer position in the
11negotiation of agreements, the University of Wisconsin-Madison shall maintain
12close liaison with the office relative to the negotiation of agreements and the fiscal
13ramifications of those agreements. The University of Wisconsin-Madison shall
14coordinate its collective bargaining activities with the office. The legislative branch
15shall act upon those portions of tentative agreements negotiated by the University
16of Wisconsin-Madison that require legislative action.
AB40-SA36,42,2117 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or
18(j), the University of Wisconsin-Madison shall establish a collective bargaining
19capacity and shall represent the state in its responsibility as an employer under this
20subchapter. The University of Wisconsin-Madison shall coordinate its actions with
21the director of the office.
AB40-SA36,43,2 22111.97 Rights of employees. Employees have the right of self-organization
23and the right to form, join, or assist labor organizations, to bargain collectively
24through representatives of their own choosing under this subchapter, and to engage

1in lawful, concerted activities for the purpose of collective bargaining or other mutual
2aid or protection. Employees also have the right to refrain from any such activities.
AB40-SA36,43,5 3111.98 Collective bargaining units. (1) Collective bargaining units for
4faculty and staff are structured with a collective bargaining unit for each of the
5following groups:
AB40-SA36,43,66 (a) Faculty of the University of Wisconsin-Madison.
AB40-SA36,43,77 (b) Faculty of the University of Wisconsin-Milwaukee.
AB40-SA36,43,88 (c) Faculty of the University of Wisconsin-Extension.
AB40-SA36,43,99 (cm) Faculty of the University of Wisconsin-Eau Claire.
AB40-SA36,43,1010 (d) Faculty of the University of Wisconsin-Green Bay.
AB40-SA36,43,1111 (dm) Faculty of the University of Wisconsin-La Crosse.
AB40-SA36,43,1212 (e) Faculty of the University of Wisconsin-Oshkosh.
AB40-SA36,43,1313 (em) Faculty of the University of Wisconsin-Parkside.
AB40-SA36,43,1414 (f) Faculty of the University of Wisconsin-Platteville.
AB40-SA36,43,1515 (fm) Faculty of the University of Wisconsin-River Falls.
AB40-SA36,43,1616 (g) Faculty of the University of Wisconsin-Stevens Point.
AB40-SA36,43,1717 (gm) Faculty of the University of Wisconsin-Stout.
AB40-SA36,43,1818 (h) Faculty of the University of Wisconsin-Superior.
AB40-SA36,43,1919 (hm) Faculty of the University of Wisconsin-Whitewater.
AB40-SA36,43,2020 (i) Faculty of the University of Wisconsin Colleges.
AB40-SA36,43,2121 (j) Academic staff of the University of Wisconsin-Madison.
AB40-SA36,43,2322 (jk) Academic staff employed at the University of Wisconsin System
23administration.
AB40-SA36,43,2424 (jm) Academic staff of the University of Wisconsin-Milwaukee.
AB40-SA36,43,2525 (k) Academic staff of the University of Wisconsin-Extension.
AB40-SA36,44,1
1(km) Academic staff of the University of Wisconsin-Eau Claire.
AB40-SA36,44,22 (L) Academic staff of the University of Wisconsin-Green Bay.
AB40-SA36,44,33 (Lm) Academic staff of the University of Wisconsin-La Crosse.
AB40-SA36,44,44 (n) Academic staff of the University of Wisconsin-Oshkosh.
AB40-SA36,44,55 (nm) Academic staff of the University of Wisconsin-Parkside.
AB40-SA36,44,66 (o) Academic staff of the University of Wisconsin-Platteville.
AB40-SA36,44,77 (om) Academic staff of the University of Wisconsin-River Falls.
AB40-SA36,44,88 (p) Academic staff of the University of Wisconsin-Stevens Point.
AB40-SA36,44,99 (pm) Academic staff of the University of Wisconsin-Stout.
AB40-SA36,44,1010 (q) Academic staff of the University of Wisconsin-Superior.
AB40-SA36,44,1111 (qm) Academic staff of the University of Wisconsin-Whitewater.
AB40-SA36,44,1212 (r) Academic staff of the University of Wisconsin Colleges.
AB40-SA36,45,2 13(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
14under sub. (1) (b) to (i) or (jk) to (r) may be combined into a single unit or the collective
15bargaining units described under sub. (1) (a) and (j) may be combined into a single
16unit. If 2 or more collective bargaining units seek to combine into a single collective
17bargaining unit, the commission shall, upon the petition of at least 30 percent of the
18employees in each unit, hold an election, or include on any ballot for an election held
19under s. 111.990 (2) the question of whether to combine units, to determine whether
20a majority of those employees voting in each unit desire to combine into a single unit.
21A combined collective bargaining unit shall be formed including all employees from
22each of those units in which a majority of the employees voting in the election approve
23a combined unit. The collective bargaining units shall be combined immediately
24unless there is no existing collective bargaining agreement in force in any of the units

1to be combined and then the collective bargaining units shall be combined upon
2expiration of the last agreement for the units concerned.
AB40-SA36,45,153 (b) If 2 or more collective bargaining units have combined under par. (a), the
4commission shall, upon petition of at least 30 percent of the employees in any of the
5original units, hold an election of the employees in the original unit to determine
6whether the employees in that unit desire to withdraw from the combined collective
7bargaining unit. If a majority of the employees voting desire to withdraw from the
8combined collective bargaining unit, separate units consisting of the unit in which
9the election was held and a unit composed of the remainder of the combined unit shall
10be formed. The new collective bargaining units shall be formed immediately unless
11there is a collective bargaining agreement in force for the combined unit and then the
12new units shall be formed upon the expiration of the agreement. While there is a
13collective bargaining agreement in force for the combined collective bargaining unit,
14a petition for an election under this paragraph may be filed only during October in
15the calendar year prior to the expiration of the agreement.
AB40-SA36,45,23 16(4) Any labor organization may petition for recognition as the exclusive
17representative of a collective bargaining unit described under sub. (1) or (2) in
18accordance with the election procedures under s. 111.990 if the petition is
19accompanied by a 30 percent showing of interest in the form of signed authorization
20cards. Any additional labor organization seeking to appear on the ballot must file
21a petition within 60 days of the date of filing of the original petition and prove,
22through signed authorization cards, that at least 10 percent of the employees in the
23collective bargaining unit want it to be their representative.
AB40-SA36,46,7 24(5) Although academic staff supervisors are not considered employees for the
25purpose of this subchapter, the commission may consider a petition for a statewide

1collective bargaining unit consisting of academic staff supervisors, but the
2representative of the supervisors may not be affiliated with any labor organization
3representing employees. For purposes of this subsection, affiliation does not include
4membership in a national, state, county, or municipal federation of national or
5international labor organizations. The certified representative of the supervisors
6may not bargain collectively with respect to any matter other than wages and fringe
7benefits.
AB40-SA36,46,18 8111.990 Representatives and elections. (1) A representative chosen for the
9purposes of collective bargaining by a majority of the employees voting in a collective
10bargaining unit is the exclusive representative of all of the employees in such unit
11for the purposes of collective bargaining. Any individual employee, or any minority
12group of employees in any collective bargaining unit, may present any grievance to
13the employer in person, or through representatives of their own choosing, and the
14employer shall confer with the individual employee or group of employees with
15respect to the grievance if the majority representative has been given the
16opportunity to be present at the conference. Any adjustment resulting from a
17conference may not be inconsistent with the conditions of employment established
18by the majority representative and the employer.
AB40-SA36,47,5 19(2) (a) Whenever a question arises concerning the representation of employees
20in a collective bargaining unit, the commission shall determine the representation
21by taking a secret ballot of the employees and certifying in writing the results to the
22interested parties. There shall be included on any ballot for the election of
23representatives the names of all labor organizations having an interest in
24representing the employees participating in the election as indicated in petitions
25filed with the commission. The name of any existing representative shall be included

1on the ballot without the necessity of filing a petition. The commission may exclude
2from the ballot one who, at the time of the election, stands deprived of his or her rights
3under this subchapter by reason of a prior adjudication of his or her having engaged
4in an unfair labor practice. The ballot shall permit a vote against representation by
5anyone named on the ballot.
AB40-SA36,47,196 (b) 1. Except as provided in subd. 2., for elections in a collective bargaining unit
7composed of employees who are members of the faculty or academic staff, whenever
8more than one representative qualifies to appear on the ballot, the ballot shall
9provide separate votes on 2 questions. The first question shall be: "Shall the
10employees of the .... (name of collective bargaining unit) participate in collective
11bargaining?" The 2nd question shall be: "If the employees of the .... (name of
12collective bargaining unit) elect to participate in collective bargaining, which labor
13organization do you favor to act as representative of the employees?" The 2nd
14question may not include a choice for no representative. All employees in the
15collective bargaining unit may vote on both questions. Unless a majority of those
16employees voting in the election vote to participate in collective bargaining, no votes
17for a particular representative may be counted. If a majority of those employees
18voting in the election vote to participate in collective bargaining, the ballots for
19representatives shall be counted.
AB40-SA36,48,2120 2. For elections in a collective bargaining unit composed of employees who are
21members of the faculty or academic staff, whenever more than one representative
22qualifies to appear on the ballot and a question of whether to combine collective
23bargaining units as permitted under s. 111.98 (2) (a) qualifies to appear on the ballot,
24the ballot shall provide separate votes on 3 questions and each ballot shall identify
25the collective bargaining unit to which each voter currently belongs. The first

1question shall be: "Shall the employees of the .... (name of the voter's current
2collective bargaining unit) participate in collective bargaining?" The 2nd question
3shall be: "Shall the employees of the .... (names of all of the collective bargaining
4units that qualify to appear on the ballot, including the name of the voter's current
5collective bargaining unit) combine to participate in collective bargaining?" The 3rd
6question shall be: "If the employees of the .... (name of the voter's current collective
7bargaining unit) elect to participate in collective bargaining, which labor
8organization do you favor to act as representative of the employees?" The 3rd
9question may not include a choice for no representative. All employees in the
10collective bargaining unit may vote on all questions. Unless a majority of those
11employees voting in the election vote to participate in collective bargaining, no votes
12for combination or for a particular representative may be counted. If a majority of
13those employees voting in the election vote to participate in collective bargaining, the
14ballots for combination shall be counted. If the ballots for combination are counted
15and a majority of those employees voting from each collective bargaining unit listed
16in the 2nd question on the ballot vote to combine, then the ballots for representatives
17of the combined collective bargaining unit shall be counted. If the ballots for
18combination are counted and a majority of those employees voting from each
19collective bargaining unit listed in the 2nd question on the ballot do not vote to
20combine, then the ballots for representatives of each current collective bargaining
21unit shall be counted.
AB40-SA36,48,2322 (c) The commission's certification of the results of any election is conclusive
23unless reviewed under s. 111.07 (8).
AB40-SA36,49,5 24(3) Whenever an election has been conducted under sub. (2) in which the ballots
25for representatives have been counted but in which no named representative is

1favored by a majority of the employees voting, the commission may, if requested by
2a party to the proceeding within 30 days from the date of the certification of the
3results of the election, conduct a runoff election. In that runoff election, the
4commission shall drop from the ballot the name of the representative who received
5the least number of votes at the original election.
AB40-SA36,49,18 6(4) While a collective bargaining agreement between a labor organization and
7an employer is in force under this subchapter, a petition for an election in the
8collective bargaining unit to which the agreement applies may be filed only during
9October in the calendar year prior to the expiration of that agreement. An election
10held under that petition may be held only if the petition is supported by proof that
11at least 30 percent of the employees in the collective bargaining unit desire a change
12or discontinuance of existing representation. Within 60 days of the time that an
13original petition is filed, another petition may be filed supported by proof that at least
1410 percent of the employees in the same collective bargaining unit desire a different
15representative. If a majority of the employees in the collective bargaining unit vote
16for a change or discontinuance of representation by any named representative, the
17decision takes effect upon expiration of any existing collective bargaining agreement
18between the employer and the existing representative.
AB40-SA36,49,20 19111.991 Unfair labor practices. (1) It is an unfair labor practice for an
20employer individually or in concert with others to do any of the following:
AB40-SA36,49,2221 (a) Interfere with, restrain, or coerce employees in the exercise of their rights
22guaranteed under s. 111.97.
AB40-SA36,50,1023 (b) Except as otherwise provided in this paragraph, initiate, create, dominate,
24or interfere with the formation or administration of any labor or employee
25organization or contribute financial support to it. Except as provided in ss. 40.02 (22)

1(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
2System under ch. 40 and no action by the employer that is authorized by such a law
3is a violation of this paragraph unless an applicable collective bargaining agreement
4specifically prohibits the change or action. No such change or action affects the
5continuing duty to bargain collectively regarding the Wisconsin Retirement System
6under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
7for the employer to reimburse an employee at his or her prevailing wage rate for the
8time spent during the employee's regularly scheduled hours conferring with the
9employer's officers or agents and for attendance at commission or court hearings
10necessary for the administration of this subchapter.
AB40-SA36,50,1411 (c) Encourage or discourage membership in any labor organization by
12discrimination in regard to hiring, tenure, or other terms or conditions of
13employment. This paragraph does not apply to fair-share or maintenance of
14membership agreements.
AB40-SA36,50,2415 (d) Refuse to bargain collectively on matters set forth in s. 111.998 with a
16representative of a majority of its employees in an appropriate collective bargaining
17unit. Whenever the employer has a good faith doubt as to whether a labor
18organization claiming the support of a majority of its employees in an appropriate
19collective bargaining unit does in fact have that support, it may file with the
20commission a petition requesting an election as to that claim. The employer is not
21considered to have refused to bargain until an election has been held and the results
22of the election are certified to the employer by the commission. A violation of this
23paragraph includes the refusal to execute a collective bargaining agreement
24previously orally agreed upon.
AB40-SA36,51,5
1(e) Violate any collective bargaining agreement previously agreed upon by the
2parties with respect to wages, hours, and conditions of employment affecting the
3employees, including an agreement to arbitrate or to accept the terms of an
4arbitration award, when previously the parties have agreed to accept such award as
5final and binding upon them.
AB40-SA36,51,136 (f) Deduct labor organization dues from an employee's earnings, unless the
7employer has been presented with an individual order therefor, signed by the
8employee personally, and terminable by at least the end of any year of its life or
9earlier by the employee giving at least 30 but not more than 120 days' written notice
10of such termination to the employer and to the representative labor organization,
11except if there is a fair-share or maintenance of membership agreement in effect.
12The employer shall give notice to the labor organization of receipt of such notice of
13termination.
AB40-SA36,51,1714 (g) Use any moneys received for any purpose to discourage; to train any
15supervisor, management employee, or other employee to discourage; or to contract
16with any person for the purposes of discouraging employees in the exercise of their
17rights guaranteed under s. 111.97.
AB40-SA36,51,24 18(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
19to implement changes in salaries or conditions of employment for members of the
20faculty or academic staff at one institution, and not for other members of the faculty
21or academic staff at another institution, but this may be done only if the differential
22treatment is based on comparisons with the compensation and working conditions
23of employees performing similar services for comparable higher education
24institutions or based upon other competitive factors.
AB40-SA36,52,2
1(2) It is unfair practice for an employee individually or in concert with others
2to do any of the following:
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