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 of the statutes is repealed.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 of the statutes is repealed.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123. 111.70 (3g) of the statutes is repealed.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.
SB558,135
8Section
135. 111.70 (4) (cm) 2., 3. and 4. of the statutes are amended to read:
SB558,59,169
111.70
(4) (cm) 2. `Presentation of initial proposals; open meetings.' The
10meetings between parties to a collective bargaining agreement or proposed collective
11bargaining agreement under this subchapter that
involve a collective bargaining
12unit containing a general municipal employee and that are held for the purpose of
13presenting initial bargaining proposals, along with supporting rationale,
shall be are 14open to the public. Each party shall submit its initial bargaining proposals to the
15other party in writing. Failure to comply with this subdivision is not cause to
16invalidate a collective bargaining agreement under this subchapter.
SB558,59,2117
3. `Mediation.' The commission or its designee shall function as mediator in
18labor disputes involving
general municipal employees upon request of one or both of
19the parties, or upon initiation of the commission. The function of the mediator shall
20be to encourage voluntary settlement by the parties. No mediator has the power of
21compulsion.
SB558,60,222
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
23application of the terms of a written collective bargaining agreement
involving a
24collective bargaining unit containing a general municipal employee may agree in
25writing to have the commission or any other appropriate agency serve as arbitrator
1or may designate any other competent, impartial and disinterested person to so
2serve.
SB558,136
3Section
136. 111.70 (4) (cm) 5. of the statutes is created to read:
SB558,60,154
111.70
(4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
5other impasse resolution procedures provided in this paragraph, a municipal
6employer and labor organization may, as a permissive subject of bargaining, agree
7in writing to a dispute settlement procedure, including authorization for a strike by
8municipal employees or binding interest arbitration, that is acceptable to the parties
9for resolving an impasse over terms of any collective bargaining agreement under
10this subchapter. The parties shall file a copy of the agreement with the commission.
11If the parties agree to any form of binding interest arbitration, the arbitrator shall
12give weight to the factors enumerated under subds. 7. and 7g. for a collective
13bargaining unit consisting of municipal employees who are not school district
14employees and under subd. 7r. for a collective bargaining unit consisting of municipal
15employees.
SB558,137
16Section
137. 111.70 (4) (cm) 6. of the statutes is created to read:
SB558,61,617
111.70
(4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
18a dispute relating to any issue has not been settled after a reasonable period of
19negotiation and after mediation by the commission under subd. 3. and other
20settlement procedures, if any, established by the parties have been exhausted, and
21the parties are deadlocked with respect to any dispute between them over wages,
22hours, or conditions of employment to be included in a new collective bargaining
23agreement, either party, or the parties jointly, may petition the commission, in
24writing, to initiate compulsory, final, and binding arbitration, as provided in this
25paragraph. At the time the petition is filed, the petitioning party shall submit in
1writing to the other party and the commission its preliminary final offer containing
2its latest proposals on all issues in dispute. Within 14 calendar days after the date
3of that submission, the other party shall submit in writing its preliminary final offer
4on all disputed issues to the petitioning party and the commission. If a petition is
5filed jointly, both parties shall exchange their preliminary final offers in writing and
6submit copies to the commission at the time the petition is filed.
SB558,62,217
am. Upon receipt of a petition to initiate arbitration, the commission shall
8investigate, with or without a formal hearing, whether arbitration should be
9commenced. If in determining whether an impasse exists the commission finds that
10the procedures under this paragraph have not been complied with and that the
11compliance would tend to result in a settlement, it may order compliance before
12ordering arbitration. The validity of any arbitration award or collective bargaining
13agreement is not affected by failure to comply with the procedures. Prior to the close
14of the investigation each party shall submit in writing to the commission its single
15final offer containing its final proposals on all issues in dispute that are subject to
16interest arbitration under this subdivision. If a party fails to submit a single final
17offer, the commission shall close the investigation based on the last written position
18of the party. Such final offers may include only mandatory subjects of bargaining,
19except that a permissive subject of bargaining may be included by a party if the other
20party does not object and shall then be treated as a mandatory subject. The parties
21shall also submit to the commission a written stipulation with respect to all matters
22that are agreed upon for inclusion in the new or amended collective bargaining
23agreement. The commission, after receiving a report from its investigator and
24determining that arbitration should be commenced, shall issue an order requiring
25arbitration and immediately submit to the parties a list of 7 arbitrators. The parties
1shall alternately strike names from the list until a single name is left, who shall be
2appointed as arbitrator. The petitioning party shall notify the commission in writing
3of the identity of the arbitrator selected. Upon receipt of the notice, the commission
4shall formally appoint the arbitrator and submit to him or her the final offers of the
5parties. The final offers are public documents and the commission shall make them
6available. In lieu of a single arbitrator and upon request of both parties, the
7commission shall appoint a tripartite arbitration panel consisting of one member
8selected by each of the parties and a neutral person designated by the commission
9who shall serve as a chairperson. An arbitration panel has the same powers and
10duties as provided in this section for any other appointed arbitrator, and all
11arbitration decisions by a panel shall be determined by majority vote. In place of
12selection of the arbitrator by the parties and upon request of both parties, the
13commission shall establish a procedure for randomly selecting names of arbitrators.
14Under the procedure, the commission shall submit a list of 7 arbitrators to the
15parties. Each party shall strike one name from the list. From the remaining 5
16names, the commission shall randomly appoint an arbitrator. Unless both parties
17to an arbitration proceeding otherwise agree in writing, every individual whose
18name is submitted by the commission for appointment as an arbitrator must be a
19resident of this state at the time of submission and every individual who is
20designated as an arbitration panel chairperson must be a resident of this state at the
21time of designation.
SB558,63,722
b. The arbitrator shall, within 10 days of his or her appointment, establish a
23date and place for the arbitration hearing. Upon petition of at least 5 citizens of the
24jurisdiction served by the municipal employer, filed within 10 days after the date on
25which the arbitrator is appointed, the arbitrator shall hold a public hearing in the
1jurisdiction to provide the opportunity to both parties to explain or present
2supporting arguments for their positions and to members of the public to offer their
3comments and suggestions. The final offers of the parties, as transmitted by the
4commission to the arbitrator, are the basis for any continued negotiations between
5the parties with respect to the issues in dispute. At any time prior to the arbitration
6hearing, either party, with the consent of the other party, may modify its final offer
7in writing.
SB558,63,178
c. Prior to the arbitration hearing, either party may, within a time limit
9established by the arbitrator, withdraw its final offer and any mutually agreed upon
10modifications and shall immediately provide written notice of any withdrawal to the
11other party, the arbitrator, and the commission. If both parties withdraw their final
12offers and mutually agreed upon modifications, the labor organization, after giving
1310 days' written notice to the municipal employer and the commission, may strike.
14Unless both parties withdraw their final offers and mutually agreed upon
15modifications, the final offer of neither party is considered withdrawn and the
16arbitrator shall proceed to resolve the dispute by final and binding arbitration as
17provided in this paragraph.
SB558,64,418
d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
19her own motion or at the request of either party, conduct a meeting open to the public
20to provide to both parties the opportunity to explain or present supporting
21arguments for their complete offer on all matters to be covered by the proposed
22agreement. The arbitrator shall adopt without modification the final offer of one of
23the parties on all disputed issues submitted under subd. 6. am., except those items
24that the commission determines not to be mandatory subjects of bargaining and
25those items that have not been treated as mandatory subjects by the parties, and
1including any prior modifications of the offer mutually agreed upon by the parties
2under subd. 6. b. The decision is final and binding on both parties and shall be
3incorporated into a written collective bargaining agreement. The arbitrator shall
4serve a copy of his or her decision on both parties and the commission.
SB558,64,65
e. Arbitration proceedings may not be interrupted or terminated by reason of
6any prohibited practice complaint filed by either party at any time.
SB558,64,87
f. The parties shall equally divide the costs of arbitration. The arbitrator shall
8submit a statement of his or her costs to both parties and to the commission.
SB558,64,169
g. If a question arises as to whether any proposal made in negotiations by either
10party is a mandatory, permissive, or prohibited subject of bargaining, the
11commission shall determine the issue under par. (b). If either party to the dispute
12petitions the commission for a declaratory ruling under par. (b), the proceedings
13under subd. 6. c. and d. may not occur until the commission renders a decision in the
14matter and the decision is final. The arbitrator's award shall be made in accordance
15with the commission's ruling, subject to automatic amendment by any subsequent
16court reversal.
SB558,138
17Section
138. 111.70 (4) (cm) 7. of the statutes is created to read:
SB558,64,2518
111.70
(4) (cm) 7. `Factor given greatest weight.' In making any decision under
19the arbitration procedures authorized by this paragraph, except for any decision
20involving a collective bargaining unit consisting of school district employees, the
21arbitrator or arbitration panel shall give the greatest weight to any state law or
22directive lawfully issued by a state legislative or administrative officer, body, or
23agency that limits expenditures that may be made or revenues that may be collected
24by a municipal employer. The arbitrator or arbitration panel shall give an
25accounting of the consideration of this factor in the decision.
SB558,139
1Section
139. 111.70 (4) (cm) 7g. of the statutes is created to read:
SB558,65,72
111.70
(4) (cm) 7g. `Factor given greater weight.' In making any decision under
3the arbitration procedures authorized by this paragraph, except for any decision
4involving a collective bargaining unit consisting of school district employees, the
5arbitrator or arbitration panel shall give greater weight to economic conditions in the
6jurisdiction of the municipal employer than to any of the factors specified in subd.
77r.
SB558,140
8Section
140. 111.70 (4) (cm) 7r. of the statutes is created to read:
SB558,65,119
111.70
(4) (cm) 7r. `Other factors considered.' In making any decision under the
10arbitration procedures authorized by this paragraph, the arbitrator or arbitration
11panel shall give weight to the following factors:
SB558,65,1212
a. The lawful authority of the municipal employer.
SB558,65,1313
b. Stipulations of the parties.
SB558,65,1514
c. The interests and welfare of the public and the financial ability of the unit
15of government to meet the costs of any proposed settlement.
SB558,65,1816
d. Comparison of wages, hours, and conditions of employment of the municipal
17employees involved in the arbitration proceedings with the wages, hours, and
18conditions of employment of other employees performing similar services.
SB558,65,2219
e. Comparison of the wages, hours, and conditions of employment of the
20municipal employees involved in the arbitration proceedings with the wages, hours,
21and conditions of employment of other employees generally in public employment in
22the same community and in comparable communities.
SB558,66,223
f. Comparison of the wages, hours, and conditions of employment of the
24municipal employees involved in the arbitration proceedings with the wages, hours,
1and conditions of employment of other employees in private employment in the same
2community and in comparable communities.
SB558,66,43
g. The average consumer prices for goods and services, commonly known as the
4cost of living.
SB558,66,85
h. The overall compensation presently received by the municipal employees,
6including direct wage compensation, vacation, holidays and excused time, insurance
7and pensions, medical and hospitalization benefits, the continuity and stability of
8employment, and all other benefits received.
SB558,66,109
i. Changes in any of the foregoing circumstances during the pendency of the
10arbitration proceedings.
SB558,66,1511
j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
12taken into consideration in the determination of wages, hours, and conditions of
13employment through voluntary collective bargaining, mediation, fact-finding,
14arbitration, or otherwise between the parties, in the public service, or in private
15employment.
SB558,141
16Section
141. 111.70 (4) (cm) 8. of the statutes is created to read:
SB558,66,1917
111.70
(4) (cm) 8. `Rule making.' The commission shall adopt rules for the
18conduct of all arbitration proceedings under subd. 6., including rules for all of the
19following:
SB558,66,2120
a. The appointment of tripartite arbitration panels when requested by the
21parties.
SB558,66,2322
b. The expeditious rendering of arbitration decisions, such as waivers of briefs
23and transcripts.
SB558,66,2524
c. The removal of individuals who have repeatedly failed to issue timely
25decisions from the commission's list of qualified arbitrators.
SB558,67,1
1d. Proceedings for the enforcement of arbitration decisions.
SB558,142
2Section
142. 111.70 (4) (cm) 8m. of the statutes is amended to read:
SB558,67,183
111.70
(4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
4the initial collective bargaining agreement between the parties
and except as the
5parties otherwise agree, every collective bargaining agreement covering
general
6municipal employees
subject to this paragraph shall be for a term of
one year and
7may not be extended 2 years, but in no case may a collective bargaining agreement
8for any collective bargaining unit consisting of municipal employees subject to this
9paragraph other than school district employees be for a term exceeding 3 years nor
10may a collective bargaining agreement for any collective bargaining unit consisting
11of school district employees subject to this paragraph be for a term exceeding 4 years.
12No
arbitration award may contain a provision for reopening of negotiations during
13the term of a collective bargaining agreement
covering general municipal employees
14may be reopened for negotiations unless both parties agree to reopen the collective
15bargaining agreement. The requirement for agreement by both parties does not
16apply to a provision for reopening of negotiations with respect to any portion of an
17agreement that is declared invalid by a court or administrative agency or rendered
18invalid by the enactment of a law or promulgation of a federal regulation.
SB558,143
19Section
143. 111.70 (4) (d) 2. a. of the statutes is amended to read:
SB558,68,2420
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
21bargaining unit for the purpose of collective bargaining and shall whenever possible
22avoid fragmentation by maintaining as few collective bargaining units as practicable
23in keeping with the size of the total municipal workforce. The commission may
24decide whether, in a particular case, the municipal employees in the same or several
25departments, divisions, institutions, crafts, professions, or other occupational
1groupings constitute a collective bargaining unit. Before making its determination,
2the commission may provide an opportunity for the municipal employees concerned
3to determine, by secret ballot, whether they desire to be established as a separate
4collective bargaining unit. The commission may not decide
, however, that any group
5of municipal employees constitutes an appropriate collective bargaining unit if the
6group includes both professional employees and nonprofessional employees, unless
7a majority of the professional employees vote for inclusion in the unit. The
8commission may not decide that any group of municipal employees constitutes an
9appropriate collective bargaining unit if the group includes both school district
10employees and
general municipal employees who are not school district employees.
11The commission may not decide that any group of municipal employees constitutes
12an appropriate collective bargaining unit if the group includes both public safety
13employees and general municipal employees, if the group include includes both
14transit employees and general municipal employees, or if the group includes both
15transit employees and public safety employees. The commission may not decide that
16any group of municipal employees constitutes an appropriate collective bargaining
17unit if the group includes both craft employees and noncraft employees unless a
18majority of the craft employees vote for inclusion in the unit. The commission shall
19place the professional employees who are assigned to perform any services at a
20charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit
21from a unit that includes any other professional employees whenever at least 30%
22of those professional employees request an election to be held to determine that issue
23and a majority of the professional employees at the charter school who cast votes in
24the election decide to be represented in a separate collective bargaining unit.
SB558,144
1Section
144. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated,
2renumbered 111.70 (4) (d) 3. and amended to read:
SB558,69,113
111.70
(4) (d) 3. Whenever, in a particular case, a question arises concerning
4representation or appropriate unit, calling for a vote, the commission shall certify the
5results in writing to the municipal employer and the labor organization involved and
6to any other interested parties.
c. Any ballot used in a representation proceeding
7under this subdivision shall include the names of all persons having an interest in
8representing or the results. The ballot should be so designed as to permit a vote
9against representation by any candidate named on the ballot. The findings of the
10commission, on which a certification is based, shall be conclusive unless reviewed as
11provided by s. 111.07 (8).
SB558,145
12Section
145. 111.70 (4) (d) 3. b. of the statutes is repealed.
SB558,146
13Section
146. 111.70 (4) (L) of the statutes is amended to read:
SB558,69,1814
111.70
(4) (L)
Strikes prohibited.
Nothing contained in Except as authorized
15under par. (cm) 5. and 6. c., this subchapter
constitutes a grant of does not grant the
16right to strike
by to any municipal employee or labor organization, and such strikes
17are
hereby expressly prohibited.
Paragraph (cm) does not authorize a strike after
18an injunction has been issued against a strike under sub. (7m).
SB558,147
19Section
147. 111.70 (4) (m) of the statutes is created to read:
SB558,69,2220
111.70
(4) (m)
Prohibited subjects of bargaining; school district municipal
21employers. In a school district, the municipal employer is prohibited from bargaining
22collectively with respect to all of the following:
SB558,70,323
1. Reassignment of municipal employees who perform services for a board of
24school directors under ch. 119, with or without regard to seniority, as a result of a
25decision of the board of school directors to contract with an individual or group to
1operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school
2to a charter school, or the impact of any such reassignment on the wages, hours, or
3conditions of employment of the municipal employees who perform those services.
SB558,70,84
2. Reassignment of municipal employees who perform services for a board of
5school directors, with or without regard to seniority, as a result of the decision of the
6board to close or reopen a school under s. 119.18 (23), or the impact of any such
7reassignment on the wages, hours, or conditions of employment of the municipal
8employees who perform those services.
SB558,70,129
3. Any decision of a board of school directors to contract with a school or agency
10to provide educational programs under s. 119.235, or the impact of any such decision
11on the wages, hours, or conditions of employment of the municipal employees who
12perform services for the board.
SB558,70,1413
4. Solicitation of sealed bids for the provision of group health care benefits for
14school district employees as provided in s. 120.12 (24).
SB558,148
15Section
148. 111.70 (4) (mb) of the statutes is repealed.
SB558,149
16Section
149. 111.70 (4) (mbb) of the statutes is repealed.
SB558,150
17Section
150. 111.70 (4) (mc) (intro.) and 5. of the statutes are amended to read:
SB558,70,2118
111.70
(4) (mc)
Prohibited subjects of bargaining; public safety employees. 19(intro.) The municipal employer is prohibited from bargaining collectively
with a
20collective bargaining unit containing a public safety employee with respect to any of
21the following:
SB558,71,822
5.
If the collective bargaining unit contains a public safety employee who is
23initially employed on or after July 1, 2011, the The requirement under ss. 40.05 (1)
24(b), 59.875, and 62.623 that the municipal employer may not pay, on behalf of
that
25public safety a municipal employee
, any employee required contributions or the
1employee share of required contributions, and the impact of this requirement on the
2wages, hours, and conditions of employment of
that public safety the municipal 3employee.
If This subdivision does not apply to a transit employee or to a public
4safety employee
who is initially employed
by a municipal employer before July 1,
52011,
and this subdivision does not apply to
that a public safety employee
who is
6initially employed by a municipal employer before July 1, 2011, if he or she is
7employed as a public safety employee by a successor municipal employer in the event
8of a combined department that is created on or after that date.
SB558,151
9Section
151. 111.70 (4) (mc) 3. of the statutes is created to read:
SB558,71,1210
111.70
(4) (mc) 3. If the municipal employee is a clerk who is not an employee
11of a city of the first class, the judge's authority over the supervisory tasks provided
12in s. 755.10.