Amendment SA36-AB40

AB40-SA36,64,6 (5) All compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

AB40-SA36,64,11 111.9992 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.

AB40-SA36,64,18 111.9993 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).

AB40-SA36,65,18 (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).

AB40-SA36,87 Section 87. 111.02 (1) of the statutes is amended to read:

AB40-SA36,65,24 111.02 (1) "All-union agreement" means an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization.

AB40-SA36,88 Section 88. 111.02 (2) of the statutes is amended to read:

AB40-SA36,66,6 111.02 (2) "Collective bargaining" means the negotiation by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

AB40-SA36,89 Section 89. 111.02 (3) of the statutes is amended to read:

AB40-SA36,66,22 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

AB40-SA36,90 Section 90. 111.02 (6) (am) of the statutes is created to read:

AB40-SA36,67,2 111.02 (6) (am) "Employee" includes a child care provider certified under s. 48.651 and a child care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the child care provider.

AB40-SA36,91 Section 91. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.) and amended to read:

AB40-SA36,67,6 111.02 (7) (a) (intro.) "Employer" means a person who engages the services of an employee, and includes a all of the following:

AB40-SA36,67,8 1. A person acting on behalf of an employer within the scope of his or her authority, express or implied.

AB40-SA36,92 Section 92. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:

AB40-SA36,67,10 111.02 (7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.

AB40-SA36,67,11 3. A local cultural arts district created under subch. V of ch. 229.

AB40-SA36,67,14 4. With respect to an employee under sub. (6) (am), the state, counties, and other administrative entities involved in regulation and subsidization of employees under sub. (6) (am).

AB40-SA36,93 Section 93. 111.02 (7) (b) 1. of the statutes is amended to read:

AB40-SA36,67,17 111.02 (7) (b) 1. The Except as provided in par. (a) 4., the state or any political subdivision thereof.

AB40-SA36,94 Section 94. 111.02 (7m), (9m) and (10m) of the statutes are created to read:

AB40-SA36,67,25 111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority, or between an employer defined under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am), under which all of the employees 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-SA36,68,1 (9m) "Maintenance of membership agreement" means any of the following:

AB40-SA36,68,8 (a) An agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect continue to have dues deducted for the duration of the agreement and that dues be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB40-SA36,68,14 (b) An agreement between an employer under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am) that requires that all of the employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at the time the agreement takes effect continue to have dues deducted for the duration of the agreement and that dues be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB40-SA36,68,20 (10m) "Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit or in which employees under sub. (6) (am) 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-SA36,95 Section 95. 111.05 (2) of the statutes is amended to read:

AB40-SA36,69,2 111.05 (2) Whenever Except as provided in subs. (5) and (7), whenever a question arises concerning the determination of a collective bargaining unit, it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB40-SA36,96 Section 96. 111.05 (5) of the statutes is created to read:

AB40-SA36,69,6 111.05 (5) (a) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employees engaged in each of the following functions:

AB40-SA36,69,7 1. Fiscal and staff services.

AB40-SA36,69,8 2. Patient care.

AB40-SA36,69,9 3. Science.

AB40-SA36,69,10 4. Clerical and related.

AB40-SA36,69,11 5. Blue collar and nonbuilding trades.

AB40-SA36,69,12 6. Building trades crafts.

AB40-SA36,69,13 7. Security and public safety.

AB40-SA36,69,14 8. Technical.

AB40-SA36,69,23 (b) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for the employees is subject to approval of the commission. The commission may not permit fragmentation of the collective bargaining units or creation of any collective bargaining unit that is too small to provide adequate representation of employees. In approving the collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.

AB40-SA36,97 Section 97. 111.05 (6) of the statutes is created to read:

AB40-SA36,70,10 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employees in any of the collective bargaining units that were combined to petition for an election under sub. (3). Any agreement under this subsection is effective when the parties provide written notice of the agreement to the commission and terminates when the party provides written notice of termination to the commission or when the representative entering into the agreement is decertified as representative of one of the combined collective bargaining units, whichever occurs first.

AB40-SA36,98 Section 98. 111.05 (7) of the statutes is created to read:

AB40-SA36,70,13 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

AB40-SA36,99 Section 99. 111.06 (1) (c) 1. of the statutes is amended to read:

AB40-SA36,71,18 111.06 (1) (c) 1. To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment except in a collective bargaining unit where an all-union , fair-share, or maintenance of membership agreement is in effect. An employer may enter into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this subdivision. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer. An interested person may, as provided in s. 111.07, request the commission to perform this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

AB40-SA36,100 Section 100. 111.06 (1) (d) of the statutes is amended to read:

AB40-SA36,72,2 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have has not refused to bargain until an election has been held and the commission has certified the result thereof has been certified to the employer by the commission.

AB40-SA36,101 Section 101. 111.06 (1) (i) of the statutes is amended to read:

AB40-SA36,72,10 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty days' written notice of such the termination unless there is an all-union fair-share, or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such a notice of termination.

AB40-SA36,102 Section 102. 111.06 (1) (m) of the statutes is created to read:

AB40-SA36,72,13 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB40-SA36,103 Section 103. 111.06 (2) (i) of the statutes is amended to read:

AB40-SA36,72,16 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB40-SA36,104 Section 104. 111.075 of the statutes is created to read:

AB40-SA36,72,25 111.075 Fair-share and maintenance of membership agreements. (1) (a) No fair-share or maintenance of membership agreement is effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the employees in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. If the petition requests a referendum on a maintenance of membership agreement only, the ballot shall be limited to that question.

AB40-SA36,73,7 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible employees voting in a referendum must vote for the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible employees voting in a referendum must vote for the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible employees vote for the agreement, a maintenance of membership agreement is authorized.

AB40-SA36,73,21 (c) If a fair-share or maintenance of membership agreement is authorized under par. (b), the employer shall enter into a fair-share or maintenance of membership agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement must require the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees affected by the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, the agreement takes effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits, and other forms of liability made by employees or local labor organizations which may arise for actions the employer takes in compliance with this section. All lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB40-SA36,74,2 (d) Under each fair-share or maintenance of membership agreement, an employee who has religious convictions against dues payments to a labor organization may request the labor organization to pay his or her dues to a charity mutually agreed upon by the employee and the labor organization. Any dispute under this paragraph may be submitted to the commission for adjudication.

AB40-SA36,74,16 (2) (a) Once authorized, a fair-share or maintenance of membership agreement continues, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. If the commission receives a petition and finds that at least 30 percent of the employees in the collective bargaining unit want to discontinue the fair-share or maintenance of membership agreement, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting employees required for its initial authorization, it shall continue, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it terminates at the expiration of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB40-SA36,74,24 (b) The commission shall suspend any fair-share or maintenance of membership agreement upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, or creed to receive as a member any employee in the collective bargaining unit involved, and the agreement shall be subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB40-SA36,75,3 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

AB40-SA36,75,6 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the University of Wisconsin Hospitals and Clinics Authority to conduct the referenda provided for in this section.

AB40-SA36,75,8 (5) This section applies only in collective bargaining units comprised of employees of the University of Wisconsin Hospitals and Clinics Authority.

AB40-SA36,105 Section 105. 111.115 (title) of the statutes is amended to read:

AB40-SA36,75,10 111.115 (title) Notice of certain proposed lockouts or strikes.

AB40-SA36,106 Section 106. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and amended to read:

AB40-SA36,75,13 111.115 (1) (intro.) In this section, "strike" subsection:

AB40-SA36,75,17 (b) "Strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.

AB40-SA36,107 Section 107. 111.115 (1) (a) of the statutes is created to read:

AB40-SA36,75,24 111.115 (1) (a) "Lockout" means the barring of any employee from employment in an establishment by an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor organization or group of employees of the employer, or which continues or occurs after the termination of a strike or other job action of a labor organization or group of employees of the employer.

AB40-SA36,108 Section 108. 111.115 (2) of the statutes is created to read:

AB40-SA36,76,8 111.115 (2) If no collective bargaining agreement is in effect between the University of Wisconsin Hospitals and Clinics Authority and the recognized or certified representative of employees of that authority in a collective bargaining unit, the employer may not engage in a lockout affecting employees in that collective bargaining unit without first giving 10 days' written notice to the representative of its intention to engage in a lockout, and the representative may not engage in a strike without first giving 10 days' written notice to the employer of its intention to engage in a strike.

AB40-SA36,109 Section 109. 111.17 of the statutes is renumbered 111.17 (intro.) and amended to read:

AB40-SA36,76,13 111.17 Conflict of provisions; effect. (intro.) Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that in for the following:

AB40-SA36,76,15 (1) In any situation where in which the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB40-SA36,110 Section 110. 111.17 (2) of the statutes is created to read:

AB40-SA36,77,2 111.17 (2) All fringe benefits authorized or required to be provided by the University of Wisconsin Hospitals and Clinics Authority to its employees under ch. 40 shall be governed exclusively by ch. 40, except that if any provision of ch. 40 specifically permits a collective bargaining agreement under this subchapter to govern the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40 shall be governed by a collective bargaining agreement under this subchapter, such a provision in a collective bargaining agreement supersedes any provision of ch. 40 with respect to the employees to whom the agreement applies. The employer is prohibited from engaging in collective bargaining concerning any matter governed exclusively by ch. 40 under this subsection.

AB40-SA36,111 Section 111. 111.70 (1) (a) of the statutes is amended to read:

AB40-SA36,77,18 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or transit employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n), except as provided in sub. subs. (3m), (3p), and (4) (mb) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety municipal employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-SA36,112 Section 112. 111.70 (1) (cm) of the statutes is repealed.

AB40-SA36,113 Section 113. 111.70 (1) (f) of the statutes is amended to read:

AB40-SA36,78,2 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees or transit employees under which all or any of the public safety municipal employees or transit employees in the 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-SA36,114 Section 114. 111.70 (1) (fm) of the statutes is repealed.

AB40-SA36,115 Section 115. 111.70 (1) (j) of the statutes is amended to read:

AB40-SA36,78,12 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but does not include a local cultural arts district created under subch. V of ch. 229.

AB40-SA36,116 Section 116. 111.70 (1) (mm) of the statutes is repealed.

AB40-SA36,117 Section 117. 111.70 (1) (n) of the statutes is amended to read:

AB40-SA36,78,18 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission in which public safety employees or transit municipal employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement.