2013 - 2014 LEGISLATURE
January 30, 2014 - Introduced by Senators Erpenbach, Risser and Miller,
cosponsored by Representatives
Pope, Hesselbein, Clark, C. Taylor,
Sargent, Ringhand, Hulsey, Berceau, Hebl and Kahl. Referred to
Committee on Judiciary and Labor.
1An Act to amend
19.82 (1), 19.86, 40.95 (1) (a) 3., 73.03 (68) and 233.10 (2) (a); 2
and to create
233.04 (8) and 233.10 (5) of the statutes; relating to: collective
3bargaining for employees of the University of Wisconsin Hospitals and Clinics
Analysis by the Legislative Reference Bureau
This bill allows employees of the University of Wisconsin Hospitals and Clinics
Authority (UWHCA) to collectively bargain with UWHCA. This bill limits the
subjects on which the employees and UWHCA may collectively bargain to a
percentage increase in base wages that does not exceed the percentage change in the
consumer price index. Under this bill, the term of a collective bargaining agreement
covering the UWHCA employees must coincide with the fiscal year, and no term of
a collective bargaining agreement covering UWHCA employees may be for longer
than one year or be extended.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
19.82 (1) of the statutes is amended to read:
"Governmental body" means a state or local agency, board, 7
commission, committee, council, department or public body corporate and politic
created by constitution, statute, ordinance, rule or order; a governmental or 2
quasi-governmental corporation except for the Bradley center sports and 3
entertainment corporation; a local exposition district under subch. II of ch. 229; a 4
long-term care district under s. 46.2895; or a formally constituted subunit of any of 5
the foregoing, but excludes any such body or committee or subunit of such body which 6
is formed for or meeting for the purpose of collective bargaining under subch. I, IV, 7
or V of ch. 111 or s. 233.10 (5)
19.86 of the statutes is amended to read:
919.86 Notice of collective bargaining negotiations.
Notwithstanding s. 10
19.82 (1), where notice has been given by either party to a collective bargaining 11
agreement under subch. I, IV, or V of ch. 111 or s. 233.10 (5)
to reopen such agreement 12
at its expiration date, the employer shall give notice of such contract reopening as 13
provided in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall 14
be given by the employer's chief officer or such person's designee.
40.95 (1) (a) 3. of the statutes is amended to read:
(a) 3. The employee has his or her compensation established in a 17
collective bargaining agreement under subch. I of ch. 111 and the employee is
18employed by the University of Wisconsin Hospitals and Clinics Authority s. 233.10
73.03 (68) of the statutes is amended to read:
At the request of the Wisconsin Employment Relations Commission, 22
as provided under s. 111.91 (3q) or 233.10 (5) (g)
, to determine the average annual 23
percentage change in the U.S. consumer price index for all urban consumers, U.S. 24
city average, as determined by the federal department of labor, for the 12 months
immediately preceding the request from the Wisconsin Employment Relations 2
233.04 (8) of the statutes is created to read:
If employees comprising a collective bargaining unit under s. 233.10 5
(5) (c) choose a representative for collective bargaining purposes, negotiate and 6
administer collective bargaining agreements, as provided under s. 233.10 (5).
233.10 (2) (a) of the statutes is amended to read:
(a) The Subject to sub. (5), the
compensation of the employees of the 9
233.10 (5) of the statutes is created to read:
(a) In this subsection:
1. "Collective bargaining" means the performance of the mutual obligation of 13
the authority and the representatives of its employees to meet and confer at 14
reasonable times, in good faith, with respect to the subjects of bargaining provided 15
in par. (f), with the intention of reaching an agreement, or to resolve questions arising 16
under such an agreement. The duty to bargain does not compel either party to agree 17
to a proposal or require the making of a concession. Collective bargaining includes 18
the reduction of any agreement reached to a written and signed document.
2. "Commission" means the employment relations commission.
(b) Employees of the authority have the right of self-organization and the right 21
to form, join, or assist labor organizations, to bargain collectively through 22
representatives of their own choosing, and to engage in lawful, concerted activities 23
for the purpose of collective bargaining or other mutual aid or protection. Employees 24
also have the right to refrain from any such activities. An employee has the right to 25
refrain from paying dues while remaining a member of a collective bargaining unit.
(c) Collective bargaining units for employees who are employed by the 2
authority are structured with one collective bargaining unit for each of the following 3
1. Clerical and related.
2. Blue collar and nonbuilding trades.
3. Building trades crafts.
4. Security and public safety.
6. Fiscal and staff services.
7. Patient care.
(d) A representative chosen for the purposes of collective bargaining by a 13
majority of the employees voting in a collective bargaining unit is the exclusive 14
representative of all of the employees in the unit for the purposes of collective 15
(e) 1. It is an unfair labor practice for the authority to do any of the following:
a. Interfere with, restrain, or coerce employees in the exercise of their rights 18
guaranteed in par. (b).
b. Initiate, create, dominate, or interfere with the formation or administration 20
of any labor or employee organization or contribute financial support to it. It is not 21
an unfair labor practice for the authority to reimburse an employee at his or her 22
prevailing wage rate for the time spent during the employee's regularly scheduled 23
hours conferring with the authority's officers or agents and for attendance at 24
commission or court hearings necessary for the administration of this subsection.
c. Encourage or discourage membership in any labor organization by 2
discrimination in regard to hiring, tenure, or other terms or conditions of 3
d. Refuse to bargain collectively on matters set forth in par. (f) with a 5
representative of its employees in an appropriate collective bargaining unit or refuse 6
to execute a collective bargaining agreement previously orally agreed upon.
e. Violate any collective bargaining agreement previously agreed upon by the 8
f. Use any moneys received for any purpose to discourage, to train any 10
supervisor, management employee, or other employee to discourage, or to contract 11
with any person for the purposes of discouraging, employees in the exercise of their 12
rights guaranteed under par. (b).
2. It is an unfair labor practice for an employee individually or in concert with 14
others to do any of the following:
a. Coerce or intimidate an employee in the enjoyment of the employee's legal 16
b. Coerce, intimidate, or induce any officer or agent of the authority to interfere 18
with any of the authority's employees in the enjoyment of their legal rights or to 19
engage in any practice with regard to its employees which would constitute an unfair 20
labor practice if undertaken by the officer or agent on the officer's or agent's own 21
c. Refuse to bargain collectively on matters set forth in par. (f) with the 23
authority or refuse to execute a collective bargaining agreement previously orally 24
d. Engage in or induce or encourage any employees to engage in a strike, or a 2
concerted refusal to work or perform their usual duties as employees.
3. It is an unfair labor practice for any person to do or cause to be done on behalf 4
of or in the interest of the authority or the employees of the authority any act 5
prohibited by subd. 1. or 2.