SB558,94
4Section
94. 111.05 (7) of the statutes is created to read:
SB558,45,65
111.05
(7) Employees under s. 111.02 (6) (am) shall comprise a single collective
6bargaining unit.
SB558,95
7Section
95. 111.06 (1) (c) 1. of the statutes is amended to read:
SB558,46,118
111.06
(1) (c) 1. To encourage or discourage membership in any labor
9organization, employee agency, committee, association
, or representation plan by
10discrimination in regard to hiring, tenure
, or other terms or conditions of
11employment except in a collective bargaining unit where an all-union
, fair-share,
12or maintenance of membership agreement is in effect.
An employer may enter into
13an all-union agreement with the voluntarily recognized representative of the
14employees in a collective bargaining unit, where at least a majority of such employees
15voting have voted affirmatively, by secret ballot, in favor of the all-union agreement
16in a referendum conducted by the commission, except that where the bargaining
17representative has been certified by either the commission or the national labor
18relations board as the result of a representation election, no referendum is required
19to authorize the entry into an all-union agreement. An authorization of an all-union
20agreement continues, subject to the right of either party to the all-union agreement
21to petition the commission to conduct a new referendum on the subject. Upon receipt
22of the petition, if the commission determines there is reasonable ground to believe
23that the employees concerned have changed their attitude toward the all-union
24agreement, the commission shall conduct a referendum. If the continuance of the
25all-union agreement is supported on a referendum by a vote at least equal to that
1provided in this subdivision for its initial authorization, it may continue, subject to
2the right to petition for a further vote by the procedure under this subdivision. If the
3continuance of the all-union agreement is not supported on a referendum, it
4terminates at the expiration of the contract of which it is then a part or at the end
5of one year from the date of the announcement by the commission of the result of the
6referendum, whichever is earlier. The commission shall declare any all-union
7agreement terminated whenever it finds that the labor organization involved has
8unreasonably refused to receive as a member any employee of such employer. An
9interested person may, as provided in s. 111.07, request the commission to perform
10this duty. Any all-union agreement in effect on October 4, 1975, made in accordance
11with the law in effect at the time it is made is valid.
SB558,96
12Section
96. 111.06 (1) (d) of the statutes is amended to read:
SB558,46,2013
111.06
(1) (d) To refuse to bargain collectively with the representative of a
14majority of the employer's employees in any collective bargaining unit with respect
15to representation or terms and conditions of employment,
except as provided under
16ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with
17the commission a petition requesting a determination as to majority representation,
18the employer
shall not be deemed to have has not refused to bargain until an election
19has been held and the
commission has certified the result
thereof has been certified 20to the employer
by the commission.
SB558,97
21Section
97. 111.06 (1) (i) of the statutes is amended to read:
SB558,47,322
111.06
(1) (i) To deduct labor organization dues or assessments from an
23employee's earnings, unless the employer has been presented with an individual
24order
therefor, signed by the employee personally, and terminable at the end of any
25year of its life by the employee giving at least thirty days' written notice of
such the
1termination unless there is an all-union
fair-share, or maintenance of membership 2agreement in effect. The employer shall give notice to the labor organization of
3receipt of
such a notice of termination.
SB558,98
4Section
98. 111.06 (1) (m) of the statutes is created to read:
SB558,47,65
111.06
(1) (m) To fail to give the notice of intention to engage in a lockout
6provided in s. 111.115 (2).
SB558,99
7Section
99. 111.06 (2) (i) of the statutes is amended to read:
SB558,47,98
111.06
(2) (i) To fail to give the notice of intention to engage in a strike provided
9in s. 111.115
(2) or (3).
SB558,100
10Section
100. 111.075 of the statutes is created to read:
SB558,47,18
11111.075 Fair-share and maintenance of membership agreements. (1)
12(a) No fair-share or maintenance of membership agreement is effective unless
13authorized by a referendum. The commission shall order a referendum whenever it
14receives a petition supported by proof that at least 30 percent of the employees in a
15collective bargaining unit desire that a fair-share or maintenance of membership
16agreement be entered into between the employer and a labor organization. If the
17petition requests a referendum on a maintenance of membership agreement only, the
18ballot shall be limited to that question.
SB558,47,2519
(b) For a fair-share agreement to be authorized, at least two-thirds of the
20eligible employees voting in a referendum must vote for the agreement. For a
21maintenance of membership agreement to be authorized, at least a majority of the
22eligible employees voting in a referendum must vote for the agreement. In a
23referendum on a fair-share agreement, if less than two-thirds but more than
24one-half of the eligible employees vote for the agreement, a maintenance of
25membership agreement is authorized.
SB558,48,14
1(c) If a fair-share or maintenance of membership agreement is authorized
2under par. (b), the employer shall enter into a fair-share or maintenance of
3membership agreement with the labor organization named on the ballot in the
4referendum. Each fair-share or maintenance of membership agreement must
5require the employer to deduct the amount of dues as certified by the labor
6organization from the earnings of the employees affected by the agreement and to
7pay the amount deducted to the labor organization. Unless the parties agree to an
8earlier date, the agreement takes effect 60 days after certification by the commission
9that the referendum vote authorized the agreement. The employer shall be held
10harmless against any claims, demands, suits, and other forms of liability made by
11employees or local labor organizations which may arise for actions the employer
12takes in compliance with this section. All lawful claims, demands, suits, and other
13forms of liability are the responsibility of the labor organization entering into the
14agreement.
SB558,48,1915
(d) Under each fair-share or maintenance of membership agreement, an
16employee who has religious convictions against dues payments to a labor
17organization may request the labor organization to pay his or her dues to a charity
18mutually agreed upon by the employee and the labor organization. Any dispute
19under this paragraph may be submitted to the commission for adjudication.
SB558,49,8
20(2) (a) Once authorized, a fair-share or maintenance of membership
21agreement continues, subject to the right of the employer or labor organization
22concerned to petition the commission to conduct a new referendum. If the
23commission receives a petition and finds that at least 30 percent of the employees in
24the collective bargaining unit want to discontinue the fair-share or maintenance of
25membership agreement, the commission shall conduct a new referendum. If the
1continuance of the fair-share or maintenance of membership agreement is approved
2in the referendum by at least the percentage of eligible voting employees required
3for its initial authorization, it shall continue, subject to the right of the employer or
4labor organization to later initiate a further vote following the procedure prescribed
5in this subsection. If the continuation of the agreement is not supported in any
6referendum, it terminates at the expiration of the collective bargaining agreement,
7or one year from the date of the certification of the result of the referendum,
8whichever is earlier.
SB558,49,169
(b) The commission shall suspend any fair-share or maintenance of
10membership agreement upon such conditions and for such time as the commission
11decides whenever it finds that the labor organization involved has refused on the
12basis of race, color, sexual orientation, or creed to receive as a member any employee
13in the collective bargaining unit involved, and the agreement shall be subject to the
14findings and orders of the commission. Any of the parties to the agreement, or any
15employee covered thereby, may come before the commission, as provided in s. 111.07,
16and petition the commission to make such a finding.
SB558,49,19
17(3) A stipulation for a referendum executed by an employer and a labor
18organization may not be filed until after the representation election has been held
19and the results certified.
SB558,49,22
20(4) The commission may, under rules adopted for that purpose, appoint as its
21agent an official of the University of Wisconsin Hospitals and Clinics Authority to
22conduct the referenda provided for in this section.
SB558,49,24
23(5) This section applies only in collective bargaining units comprised of
24employees of the University of Wisconsin Hospitals and Clinics Authority.
SB558,101
25Section
101. 111.115 (title) of the statutes is amended to read:
SB558,50,1
1111.115 (title)
Notice of certain proposed lockouts or strikes.
SB558,102
2Section
102. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and
3amended to read:
SB558,50,44
111.115
(1) (intro.) In this
section, "strike" subsection:
SB558,50,8
5(b) "Strike" includes any concerted stoppage of work by employees,
and any
6concerted slowdown or other concerted interruption of operations or services by
7employees, or any concerted refusal of employees to work or perform their usual
8duties as employees, for the purpose of enforcing demands upon an employer.
SB558,103
9Section
103. 111.115 (1) (a) of the statutes is created to read:
SB558,50,1510
111.115
(1) (a) "Lockout" means the barring of any employee from employment
11in an establishment by an employer as a part of a labor dispute, which is not directly
12subsequent to a strike or other job action of a labor organization or group of
13employees of the employer, or which continues or occurs after the termination of a
14strike or other job action of a labor organization or group of employees of the
15employer.
SB558,104
16Section
104. 111.115 (2) of the statutes is created to read:
SB558,50,2417
111.115
(2) If no collective bargaining agreement is in effect between the
18University of Wisconsin Hospitals and Clinics Authority and the recognized or
19certified representative of employees of that authority in a collective bargaining unit,
20the employer may not engage in a lockout affecting employees in that collective
21bargaining unit without first giving 10 days' written notice to the representative of
22its intention to engage in a lockout, and the representative may not engage in a strike
23without first giving 10 days' written notice to the employer of its intention to engage
24in a strike.
SB558,105
1Section
105. 111.17 of the statutes is renumbered 111.17 (intro.) and amended
2to read:
SB558,51,5
3111.17 Conflict of provisions; effect. (intro.) Wherever the application of
4the provisions of other statutes or laws conflict with the application of the provisions
5of this subchapter, this subchapter shall prevail, except
that in for the following:
SB558,51,7
6(1) In any situation
where in which the provisions of this subchapter cannot
7be validly enforced the provisions of such other statutes or laws
shall apply.
SB558,106
8Section
106. 111.17 (2) of the statutes is created to read:
SB558,51,199
111.17
(2) All fringe benefits authorized or required to be provided by the
10University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
1140 are governed exclusively by ch. 40, except that if any provision of ch. 40 specifically
12permits a collective bargaining agreement under this subchapter to govern the
13eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or
14provides that the eligibility for or the application, cost, or terms of a fringe benefit
15under ch. 40 is governed by a collective bargaining agreement under this subchapter,
16such a provision in a collective bargaining agreement supersedes any provision of ch.
1740 with respect to the employees to whom the agreement applies. The employer is
18prohibited from engaging in collective bargaining concerning any matter governed
19exclusively by ch. 40 under this subsection.
SB558,107
20Section
107. 111.70 (1) (a) of the statutes is amended to read:
SB558,52,1021
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
22obligation of a municipal employer, through its officers and agents, and the
23representative of its municipal employees in a collective bargaining unit, to meet and
24confer at reasonable times, in good faith, with the intention of reaching an
25agreement, or to resolve questions arising under such an agreement, with respect to
1wages, hours, and conditions of employment
for public safety employees or transit
2employees and with respect to wages for general municipal employees, and with
3respect to a requirement of the municipal employer for a municipal employee to
4perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
5(2e)
and for a school district with respect to any matter under sub. (4) (n), except as
6provided in
sub. subs. (3m), (3p), and (4)
(mb) (m) and (mc) and s. 40.81 (3) and except
7that a municipal employer shall not meet and confer with respect to any proposal to
8diminish or abridge the rights guaranteed to any
public safety municipal employees
9under ch. 164. Collective bargaining includes the reduction of any agreement
10reached to a written and signed document.
SB558,108
11Section
108. 111.70 (1) (cm) of the statutes is repealed.
SB558,109
12Section
109. 111.70 (1) (f) of the statutes is amended to read:
SB558,52,1813
111.70
(1) (f) "Fair-share agreement" means an agreement between a
14municipal employer and a labor organization
that represents public safety
15employees or transit employees under which all or any of the
public safety municipal 16employees
or transit employees in the collective bargaining unit are required to pay
17their proportionate share of the cost of the collective bargaining process and contract
18administration measured by the amount of dues uniformly required of all members.
SB558,110
19Section
110. 111.70 (1) (fm) of the statutes is repealed.
SB558,111
20Section
111. 111.70 (1) (j) of the statutes is amended to read:
SB558,53,321
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
22metropolitan sewerage district, school district, long-term care district,
transit
23authority under s. 59.58 (7) or 66.1039, local cultural arts district created under
24subch. V of ch. 229, or any other political subdivision of the state, or instrumentality
25of one or more political subdivisions of the state, that engages the services of an
1employee and includes any person acting on behalf of a municipal employer within
2the scope of the person's authority, express or implied
, but does not include a local
3cultural arts district created under subch. V of ch. 229.
SB558,112
4Section
112. 111.70 (1) (n) of the statutes is amended to read:
SB558,53,85
111.70
(1) (n) "Referendum" means a proceeding conducted by the commission
6in which
public safety employees or transit municipal employees in a collective
7bargaining unit may cast a secret ballot on the question of authorizing a labor
8organization and the employer to continue a fair-share agreement.
SB558,113
9Section
113. 111.70 (1g) of the statutes is created to read:
SB558,53,1710
111.70
(1g) Declaration of policy. (a) The public policy of the state as to labor
11disputes arising in municipal employment is to encourage voluntary settlement
12through the procedures of collective bargaining. Accordingly, it is in the public
13interest that municipal employees be given an opportunity to bargain collectively
14with the municipal employer through a labor organization or other representative
15of the employees' own choice. If such procedures fail, the parties should have
16available to them a fair, speedy, effective and, above all, peaceful procedure for
17settlement as provided in this subchapter.
SB558,53,2318
(b) In creating this subchapter the legislature recognizes that the municipal
19employer must exercise its powers and responsibilities to act for the government and
20good order of the jurisdiction which it serves, its commercial benefit and the health,
21safety, and welfare of the public to assure orderly operations and functions within its
22jurisdiction, subject to those rights secured to municipal employees by the
23constitutions of this state and of the United States and by this subchapter.
SB558,114
24Section
114. 111.70 (2) of the statutes is amended to read:
SB558,55,3
1111.70
(2) Rights of municipal employees. Municipal employees have the right
2of self-organization, and the right to form, join, or assist labor organizations, to
3bargain collectively through representatives of their own choosing, and to engage in
4lawful, concerted activities for the purpose of collective bargaining or other mutual
5aid or protection. Municipal employees have the right to refrain from any and all
6such activities
. A general municipal employee has the right to refrain from paying
7dues while remaining a member of a collective bargaining unit. A public safety
8employee or a transit employee, however, except that an employee may be required
9to pay dues in the manner provided in a fair-share agreement; a fair-share
10agreement
covering a public safety employee or a transit employee must
contain a
11provision requiring require the municipal employer to deduct the amount of dues as
12certified by the labor organization from the earnings of the employee affected by the
13fair-share agreement and to pay the amount deducted to the labor organization. A
14fair-share agreement
covering a public safety employee or transit employee is
15subject to the right of the municipal employer or a labor organization to petition the
16commission to conduct a referendum. Such petition must be supported by proof that
17at least 30% of the employees in the collective bargaining unit desire that the
18fair-share agreement be terminated. Upon so finding, the commission shall conduct
19a referendum. If the continuation of the agreement is not supported by at least the
20majority of the eligible employees, it shall terminate. The commission shall
declare 21suspend any fair-share agreement
suspended upon such conditions and for such
22time as the commission decides whenever it finds that the labor organization
23involved has refused on the basis of race, color, sexual orientation, creed, or sex to
24receive as a member any
public safety employee or transit employee of the municipal
25employer in the bargaining unit involved, and such agreement is subject to this duty
1of the commission. Any of the parties to such agreement or any
public safety
2employee or transit municipal employee covered by the agreement may come before
3the commission, as provided in s. 111.07, and ask the performance of this duty.
SB558,115
4Section
115. 111.70 (3) (a) 3. of the statutes is amended to read:
SB558,55,85
111.70
(3) (a) 3. To encourage or discourage a membership in any labor
6organization by discrimination in regard to hiring, tenure, or other terms or
7conditions of employment; but the prohibition shall not apply to a fair-share
8agreement
that covers public safety employees or transit employees.
SB558,116
9Section
116. 111.70 (3) (a) 5. of the statutes is amended to read:
SB558,55,1810
111.70
(3) (a) 5. To violate any collective bargaining agreement previously
11agreed upon by the parties with respect to wages, hours and conditions of
12employment affecting
public safety employees or transit municipal employees,
13including an agreement to arbitrate questions arising as to the meaning or
14application of the terms of a collective bargaining agreement or to accept the terms
15of such arbitration award, where previously the parties have agreed to accept such
16award as final and binding upon them
or to violate any collective bargaining
17agreement affecting general municipal employees, that was previously agreed upon
18by the parties with respect to wages.
SB558,117
19Section
117. 111.70 (3) (a) 6. of the statutes is amended to read:
SB558,56,220
111.70
(3) (a) 6. To deduct labor organization dues from the earnings of a
public
21safety employee or a transit municipal employee, unless the municipal employer has
22been presented with an individual order therefor, signed by the employee personally,
23and terminable by at least the end of any year of its life or earlier by the
public safety
24employee or transit municipal employee giving at least 30 days' written notice of
such
1termination to the municipal employer and to the representative organization,
2except when a fair-share agreement is in effect.
SB558,118
3Section
118. 111.70 (3) (a) 7. of the statutes is created to read:
SB558,56,54
111.70
(3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
5lawfully made under sub. (4) (cm).
SB558,119
6Section
119. 111.70 (3) (a) 7m. of the statutes is repealed.
SB558,120
7Section
120. 111.70 (3) (a) 9. of the statutes is amended to read:
SB558,56,118
111.70
(3) (a) 9.
If the collective bargaining unit contains a public safety
9employee or transit employee, after After a collective bargaining agreement expires
10and before another collective bargaining agreement takes effect, to fail to follow any
11fair-share agreement in the expired collective bargaining agreement.
SB558,121
12Section
121. 111.70 (3) (b) 6. of the statutes is created to read:
SB558,56,1413
111.70
(3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
14lawfully made under sub. (4) (cm).
SB558,122
15Section
122. 111.70 (3) (b) 6m. of the statutes is repealed.
SB558,123
16Section
123. 111.70 (3g) of the statutes is repealed.
SB558,124
17Section
124. 111.70 (3m) of the statutes is created to read:
SB558,56,2318
111.70
(3m) Milwaukee County enrollment services unit. A collective
19bargaining agreement that covers municipal employees performing services for the
20Milwaukee County enrollment services unit under s. 49.825 must contain a provision
21that permits the terms of the agreement to be modified with respect to hours and
22conditions of employment by a memorandum of understanding under s. 49.825 (3)
23(b) 4.
SB558,125
24Section
125. 111.70 (3p) of the statutes is created to read:
SB558,57,5
1111.70
(3p) Child care provider services unit. A collective bargaining
2agreement that covers municipal employees performing services for the child care
3provider services unit under s. 49.826 must contain a provision that permits the
4terms of the agreement to be modified with respect to hours and conditions of
5employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
SB558,126
6Section
126. 111.70 (4) (c) (title) of the statutes is amended to read:
SB558,57,87
111.70
(4) (c) (title)
Methods for peaceful settlement of disputes; public safety
8employees law enforcement and fire fighting personnel.
SB558,127
9Section
127. 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m.
10and amended to read:
SB558,57,1611
111.70
(4) (c) 1m. `Mediation.' The commission may function as a mediator in
12labor disputes
involving a collective bargaining unit containing a public safety
13employee. Such mediation may be carried on by a person designated to act by the
14commission upon request of one or both of the parties or upon initiation of the
15commission. The function of the mediator is to encourage voluntary settlement by
16the parties but no mediator has the power of compulsion.
SB558,128
17Section
128. 111.70 (4) (c) 1g. of the statutes is created to read:
SB558,57,1918
111.70
(4) (c) 1g. `Applicability.' This paragraph applies only to municipal
19employees who are engaged in law enforcement or fire fighting functions.
SB558,129
20Section
129. 111.70 (4) (c) 2. of the statutes is amended to read:
SB558,57,2521
111.70
(4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
22or application of the terms of a written collective bargaining agreement
involving a
23collective bargaining unit containing a public safety employee may agree in writing
24to have the commission or any other appropriate agency serve as arbitrator or may
25designate any other competent, impartial and disinterested person to so serve.
SB558,130
1Section
130. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
SB558,58,92
111.70
(4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
3involving a collective bargaining unit containing a public safety employee has not
4been settled after a reasonable period of negotiation and after the settlement
5procedures, if any, established by the parties have been exhausted, and the parties
6are deadlocked with respect to any dispute between them arising in the collective
7bargaining process, either party, or the parties jointly, may petition the commission,
8in writing, to initiate fact-finding, and to make recommendations to resolve the
9deadlock, as follows:
SB558,131
10Section
131. 111.70 (4) (cg) of the statutes is repealed.
SB558,132
11Section
132. 111.70 (4) (cm) (title) of the statutes is amended to read:
SB558,58,1312
111.70
(4) (cm) (title)
Methods for peaceful settlement of disputes; general
13municipal employees other personnel.
SB558,133
14Section
133. 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm)
151m. and amended to read:
SB558,59,216
111.70
(4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
17purpose of advising the commission of the commencement of contract negotiations
18involving a collective bargaining unit containing general municipal employees,
19whenever either party requests the other to reopen negotiations under a binding
20collective bargaining agreement, or the parties otherwise commence negotiations if
21no such agreement exists, the party requesting negotiations shall immediately notify
22the commission in writing. Upon failure of the requesting party to provide such
23notice, the other party may so notify the commission. The notice shall specify the
24expiration date of the existing collective bargaining agreement, if any, and shall set
1forth any additional information the commission may require on a form provided by
2the commission.
SB558,134
3Section
134. 111.70 (4) (cm) 1g. of the statutes is created to read:
SB558,59,44
111.70
(4) (cm) 1g. `Application.'
SB558,59,55
a. Chapter 788 does not apply to arbitration proceedings under this paragraph.
SB558,59,76
b. This paragraph does not apply to labor disputes involving municipal
7employees who are engaged in law enforcement or fire fighting functions.