AB766,122,2
2(3) Agreements shall coincide with the fiscal year or biennium.
AB766,122,4
3(4) The negotiation of collective bargaining agreements and their approval by
4the parties should coincide with the overall fiscal planning and processes of the state.
AB766,122,6
5(5) All compensation adjustments for employees shall be effective on the
6beginning date of the pay period nearest the statutory or administrative date.
AB766,122,11
7111.9992 Status of existing benefits and rights. Unless a prohibited
8subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4),
940.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules
10governing the salaries, fringe benefits, hours, and conditions of employment apply
11to each employee, unless otherwise provided in a collective bargaining agreement.
AB766,122,18
12111.9993 Rules, transcripts, fees. (1) The commission may adopt
13reasonable and proper rules relative to the exercise of its powers and authority and
14proper rules to govern its proceedings and to regulate the conduct of all elections and
15hearings under this subchapter. The commission shall, upon request, provide a
16transcript of a proceeding to any party to the proceeding for a fee, established by rule,
17by the commission at a uniform rate per page. All transcript fees shall be credited
18to the appropriation account under s. 20.425 (1) (i).
AB766,123,18
19(2) The commission shall assess and collect a filing fee for filing a complaint
20alleging that an unfair labor practice has been committed under s. 111.991. The
21commission shall assess and collect a filing fee for filing a request that the
22commission act as an arbitrator to resolve a dispute involving the interpretation or
23application of a collective bargaining agreement under s. 111.993. The commission
24shall assess and collect a filing fee for filing a request that the commission initiate
25fact-finding under s. 111.995. The commission shall assess and collect a filing fee
1for filing a request that the commission act as a mediator under s. 111.994. For the
2performance of commission actions under ss. 111.993, 111.994, and 111.995, the
3commission shall require that the parties to the dispute equally share in the payment
4of the fee and, for the performance of commission actions involving a complaint
5alleging that an unfair labor practice has been committed under s. 111.991, the
6commission shall require that the party filing the complaint pay the entire fee. If any
7party has paid a filing fee requesting the commission to act as a mediator for a labor
8dispute and the parties do not enter into a voluntary settlement of the labor dispute,
9the commission may not subsequently assess or collect a filing fee to initiate
10fact-finding to resolve the same labor dispute. If any request concerns issues arising
11as a result of more than one unrelated event or occurrence, each such separate event
12or occurrence shall be treated as a separate request. The commission shall
13promulgate rules establishing a schedule of filing fees to be paid under this
14subsection. Fees required to be paid under this subsection shall be paid at the time
15of filing the complaint or the request for fact-finding, mediation, or arbitration. A
16complaint or request for fact-finding, mediation, or arbitration is not filed until the
17date such fee or fees are paid. Fees collected under this subsection shall be credited
18to the appropriation account under s. 20.425 (1) (i).
AB766,227
19Section
227. 118.22 (4) of the statutes is created to read:
AB766,123,2320
118.22
(4) A collective bargaining agreement may modify, waive, or replace any
21of the provisions of this section as they apply to teachers in the collective bargaining
22unit, but neither the employer nor the bargaining agent for the employees is required
23to bargain such modification, waiver, or replacement.
AB766,228
24Section
228. 118.223 of the statutes is repealed.
AB766,229
25Section
229. 118.23 (5) of the statutes is created to read:
AB766,124,4
1118.23
(5) A collective bargaining agreement may modify, waive, or replace any
2of the provisions of this section as they apply to teachers in the collective bargaining
3unit, but neither the employer nor the bargaining agent for the employees is required
4to bargain such modification, waiver, or replacement.
AB766,230
5Section
230. 118.245 of the statutes is repealed.
AB766,231
6Section
231. 118.40 (2r) (b) 3. a. of the statutes is amended to read:
AB766,124,137
118.40
(2r) (b) 3. a. Delegate to the governing board of the charter school the
8board of regents' authority to establish and adjust all compensation
and fringe
9benefits of instructional staff, subject to the terms of any collective bargaining
10agreement under subch. V of ch. 111 that covers the instructional staff. In the
11absence of a collective bargaining agreement, the governing board may establish and
12adjust all compensation
and fringe benefits of the instructional staff only with the
13approval of the chancellor of the University of Wisconsin-Parkside.
AB766,232
14Section
232. 118.42 (3) (a) 4. of the statutes is amended to read:
AB766,124,1615
118.42
(3) (a) 4. Implement changes in administrative and personnel
16structures
that are consistent with applicable collective bargaining agreements.
AB766,233
17Section
233. 118.42 (5) of the statutes is amended to read:
AB766,124,2018
118.42
(5) Nothing in this section alters or otherwise affects the rights or
19remedies afforded school districts and school district employees under federal or
20state law
or under the terms of any applicable collective bargaining agreement.
AB766,125,723
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2466.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
25115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04,
1118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145
2(4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
3118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10),
118.245, 118.255, 118.258,
4118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.53, 118.55,
5118.56, 120.12 (2m),
(4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3),
6(14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25
7are applicable to a 1st class city school district and board.
AB766,235
8Section
235. 120.12 (4m) of the statutes is repealed.
AB766,236
9Section
236. 120.12 (15) of the statutes is amended to read:
AB766,125,1610
120.12
(15) School hours. Establish rules scheduling the hours of a normal
11school day. The school board may differentiate between the various elementary and
12high school grades in scheduling the school day. The equivalent of 180 such days, as
13defined in s. 115.01 (10), shall be held during the school term.
This subsection does
14not eliminate a school district's duty to bargain with the employee's collective
15bargaining representative over any calendaring proposal that is primarily related to
16wages, hours, or conditions of employment.
AB766,237
17Section
237. 120.18 (1) (gm) of the statutes is amended to read:
AB766,126,918
120.18
(1) (gm) Payroll and related benefit costs for all school district
19employees in the previous school year.
Payroll costs
Costs for represented employees
20shall be based upon the costs
of wages of any collective bargaining agreements
21covering such employees for the previous school year. If, as of the time specified by
22the department for filing the report, the school district has not entered into a
23collective bargaining agreement for any portion of the previous school year with the
24recognized or certified representative of any of its employees
and the school district
25and the representative have been required to submit final offers under s. 111.70 (4)
1(cm) 6., increased costs
of wages limited to the lower of the school district's offer or
2the representative's offer shall be reflected in the report
shall be equal to the
3maximum wage expenditure that is subject to collective bargaining under s. 111.70
4(4) (mb) 2. for the employees. The school district shall amend the annual report to
5reflect any change in such costs as a result of any
collective bargaining agreement
6entered into award or settlement under s. 111.70 (4) (cm) 6. between the date of filing
7the report and October 1. Any such amendment shall be concurred in by the certified
8public accountant licensed or certified under ch. 442 certifying the school district
9audit.
AB766,238
10Section
238. 230.01 (3) of the statutes is amended to read:
AB766,126,1211
230.01
(3) Nothing in this chapter shall be construed to either infringe upon
12or supersede the rights guaranteed state employees under subch. V
or VI of ch. 111.
AB766,126,2415
230.03
(3) "Agency" means any board, commission, committee, council, or
16department in state government or a unit thereof created by the constitution or
17statutes if such board, commission, committee, council, department, unit, or the
18head thereof, is authorized to appoint subordinate staff by the constitution or
19statute, except the Board of Regents of the University of Wisconsin System, a
20legislative or judicial board, commission, committee, council, department, or unit
21thereof or an authority created under subch. II of ch. 114 or under ch.
52, 231, 232,
22233, 234, 237, 238, or 279. "Agency" does not mean any local unit of government or
23body within one or more local units of government that is created by law or by action
24of one or more local units of government.
AB766,240
25Section
240. 230.046 (10) (a) of the statutes is amended to read:
AB766,127,2
1230.046
(10) (a) Conduct off-the-job employee development and training
2programs relating to functions under this chapter or subch. V
or VI of ch. 111.
AB766,241
3Section
241. 230.10 (1) of the statutes is amended to read:
AB766,127,104
230.10
(1) Except as provided under sub. (2), the compensation plan provisions
5of s. 230.12 apply to all employees of the classified service
. If an employee is covered
6under a collective bargaining agreement under subch. V of ch. 111, the compensation
7plan provisions of s. 230.12 apply to that employee, except for those provisions
8relating to matters that are subject to bargaining under a collective bargaining
9agreement that covers the employee, unless they are covered by a collective
10bargaining agreement under subch. V of ch. 111.
AB766,128,813
230.12
(3) (e) 1. The director, after receiving recommendations from the board
14of regents and the chancellor of the University of Wisconsin-Madison, shall submit
15to the joint committee on employment relations a proposal for adjusting
16compensation and employee benefits for University of Wisconsin System employees
17who are not included in a collective bargaining unit under subch. VI of ch. 111 for
18which a representative is certified. The proposal shall be based upon the competitive
19ability of the board of regents to recruit and retain qualified faculty and academic
20staff, data collected as to rates of pay for comparable work in other public services,
21universities and commercial and industrial establishments, recommendations of the
22board of regents and any special studies carried on as to the need for any changes in
23compensation and employee benefits to cover each year of the biennium. The
24proposal shall also take proper account of prevailing pay rates, costs and standards
25of living and the state's employment policies. The proposal for such pay adjustments
1may contain recommendations for across-the-board pay adjustments, merit or other
2adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
3shall apply to the process for approval of all pay adjustments for University of
4Wisconsin System employees. The proposal as approved by the joint committee on
5employment relations and the governor shall be based upon a percentage of the
6budgeted salary base for University of Wisconsin System employees. The amount
7included in the proposal for merit and adjustments other than across-the-board pay
8adjustments is available for discretionary use by the board of regents.
AB766,128,1911
230.34
(1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
12status in class in the classified service and all employees who have served with the
13state as an assistant district attorney for a continuous period of 12 months or more
14(ar), except that for employees specified in s. 111.81 (7) (a) in a collective bargaining
15unit for which a representative is recognized or certified, or for employees specified
16in s. 111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is
17certified, if a collective bargaining agreement is in effect covering employees in the
18collective bargaining unit, the provisions of the collective bargaining agreement
19govern just cause and all aspects of the appeal procedure.
AB766,244
20Section
244. 230.35 (1s) of the statutes is amended to read:
AB766,129,221
230.35
(1s) Annual leave of absence with pay for instructional staff employed
22by the board of regents of the University of Wisconsin System who provide services
23for a charter school established by contract under s. 118.40 (2r) (cm) shall be
24determined by the governing board of the charter school established by contract
25under s. 118.40 (2r) (cm), as approved by the chancellor of the University of
1Wisconsin-Parkside
and subject to the terms of any collective bargaining agreement
2under subch. V of ch. 111 covering the instructional staff.
AB766,245
3Section
245. 230.35 (2d) (e) of the statutes is amended to read:
AB766,129,74
230.35
(2d) (e) For employees who are included in a collective bargaining unit
5for which a representative is recognized or certified under subch. V
or VI of ch. 111,
6this subsection shall apply unless otherwise provided in a collective bargaining
7agreement.
AB766,246
8Section
246. 230.35 (3) (e) 6. of the statutes is amended to read:
AB766,129,129
230.35
(3) (e) 6. For employees who are included in a collective bargaining unit
10for which a representative is recognized or certified under subch. V
or VI of ch. 111,
11this paragraph shall apply unless otherwise provided in a collective bargaining
12agreement.
AB766,247
13Section
247. 230.88 (2) (b) of the statutes is amended to read:
AB766,129,2214
230.88
(2) (b) No collective bargaining agreement supersedes the rights of an
15employee under this subchapter. However, nothing in this subchapter affects any
16right of an employee to pursue a grievance procedure under a collective bargaining
17agreement under subch. V
or VI of ch. 111, and if the division of equal rights
18determines that a grievance arising under such a collective bargaining agreement
19involves the same parties and matters as a complaint under s. 230.85, it shall order
20the arbitrator's final award on the merits conclusive as to the rights of the parties
21to the complaint, on those matters determined in the arbitration which were at issue
22and upon which the determination necessarily depended.
AB766,248
23Section
248. 233.02 (1) (h) of the statutes is created to read:
AB766,130,424
233.02
(1) (h) Two nonvoting members appointed by the governor, one of whom
25shall be an employee or a representative of a labor organization recognized or
1certified to represent employees in one of the collective bargaining units specified in
2s. 111.05 (5) (a) and one of whom shall be an employee or a representative of a labor
3organization recognized or certified to represent employees in one of the collective
4bargaining units specified in s. 111.825 (1m).
AB766,249
5Section
249. 233.02 (8) of the statutes is amended to read:
AB766,130,146
233.02
(8) The members of the board of directors shall annually elect a
7chairperson and may elect other officers as they consider appropriate. Eight
voting 8members of the board of directors constitute a quorum for the purpose of conducting
9the business and exercising the powers of the authority, notwithstanding the
10existence of any vacancy. The members of the board of directors specified under sub.
11(1) (c) and (g) may not be the chairperson of the board of directors for purposes of
1995
12Wisconsin Act 27, section
9159 (2). The board of directors may take action upon a vote
13of a majority of the members present, unless the bylaws of the authority require a
14larger number.
AB766,250
15Section
250. 233.03 (7) of the statutes is amended to read:
AB766,130,2116
233.03
(7) Subject to s. 233.10 and ch. 40 and
1995 Wisconsin Act 27, section
179159 (4) and the duty to engage in collective bargaining with employees in a collective
18bargaining unit for which a representative is recognized or certified under subch. I
19of ch. 111, employ any agent, employee or special advisor that the authority finds
20necessary and fix his or her compensation and provide any employee benefits,
21including an employee pension plan.
AB766,251
22Section
251. 233.10 (2) (intro.) of the statutes is amended to read:
AB766,131,223
233.10
(2) (intro.) Subject to subs. (3), (3r)
, and (3t) and ch. 40
and the duty to
24engage in collective bargaining with employees in a collective bargaining unit for
1which a representative is recognized or certified under subch. I of ch. 111, the
2authority shall establish any of the following:
AB766,252
3Section
252. 281.75 (4) (b) 3. of the statutes is amended to read:
AB766,131,54
281.75
(4) (b) 3. An authority created under subch. II of ch. 114 or ch.
52, 231,
5233, 234, 237, or 238.
AB766,253
6Section
253. 285.59 (1) (b) of the statutes is amended to read:
AB766,131,167
285.59
(1) (b) "State agency" means any office, department, agency, institution
8of higher education, association, society, or other body in state government created
9or authorized to be created by the constitution or any law which is entitled to expend
10moneys appropriated by law, including the legislature and the courts, the Wisconsin
11Housing and Economic Development Authority, the Bradley Center Sports and
12Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
13Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
14Authority,
the Wisconsin Quality Home Care Authority, the Wisconsin Economic
15Development Corporation, and the Wisconsin Health and Educational Facilities
16Authority.
AB766,254
17Section
254. 704.31 (3) of the statutes is amended to read:
AB766,131,2018
704.31
(3) This section does not apply to a lease to which a local professional
19baseball park district created under subch. III of ch. 229
, the Wisconsin Quality
20Home Care Authority, or the Fox River Navigational System Authority is a party.
AB766,255
21Section
255. 851.71 (4) of the statutes is amended to read:
AB766,132,222
851.71
(4) In counties having a population of 500,000 or more, the appointment
23under subs. (1) and (2) shall be made as provided in those subsections but the judges
24shall not remove the register in probate and deputy registers, except through charges
1for dismissal made and sustained under s. 63.10
or an applicable collective
2bargaining agreement.
AB766,256
3Section
256. 904.085 (2) (a) of the statutes is amended to read:
AB766,132,94
904.085
(2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
5under s. 111.54, mediation under s. 111.11, 111.70 (4)
(cg) or (cm) 3. or 111.87,
6mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
7or s. 767.405, or any similar statutory, contractual or court-referred process
8facilitating the voluntary resolution of disputes. "Mediation" does not include
9binding arbitration or appraisal.
AB766,257
10Section
257. 978.12 (1) (c) of the statutes is amended to read:
AB766,132,1911
978.12
(1) (c)
Assistant district attorneys. Assistant district attorneys shall be
12employed outside the classified service. For purposes of salary administration, the
13director of the office of state employment relations shall establish one or more
14classifications for assistant district attorneys in accordance with the classification
15or classifications allocated to assistant attorneys general. Except as provided in ss.
16111.93 (3)
(b) and 230.12 (10), the salaries of assistant district attorneys shall be
17established and adjusted in accordance with the state compensation plan for
18assistant attorneys general whose positions are allocated to the classification or
19classifications established by the director of the office of state employment relations.
AB766,258
20Section
258.
Initial applicability.
AB766,132,2421
(1) This act first applies to an employee who is covered by a collective
22bargaining agreement under subchapter I, IV, or V of chapter 111 of the statutes that
23contains provisions inconsistent with this act on the day on which the agreement
24expires or is terminated, extended, modified, or renewed, whichever occurs first.
AB766,133,2
1(1)
This act takes effect on July 1, 2015, or on the day after publication,
2whichever is later.