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.
SB558,152 13Section 152. 111.70 (4) (mc) 6. of the statutes, as affected by 2013 Wisconsin
14Act 20
, is amended to read:
SB558,71,2015 111.70 (4) (mc) 6. Except for the employee premium contribution, all costs and
16payments associated with health care coverage plans and the design and selection
17of health care coverage plans by the municipal employer for public safety employees,
18and the impact of such costs and payments and the design and selection of the health
19care coverage plans on the wages, hours, and conditions of employment of the public
20safety
municipal employee. This subdivision does not apply to a transit employee.
SB558,153 21Section 153. 111.70 (4) (n) of the statutes is created to read:
SB558,71,2522 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition
23to any subject of bargaining on which the municipal employer is required to bargain
24under sub. (1) (a), the municipal employer is required to bargain collectively with
25respect to all of the following:
SB558,72,3
11. Time spent during the school day, separate from pupil contact time, to
2prepare lessons, labs, or educational materials, to confer or collaborate with other
3staff, or to complete administrative duties.
SB558,72,54 2. The development of or any changes to a teacher evaluation plan under s.
5118.225.
SB558,154 6Section 154. 111.70 (4) (p) of the statutes is amended to read:
SB558,72,127 111.70 (4) (p) Permissive subjects of collective bargaining; public safety and
8transit employees
. A municipal employer is not required to bargain with public safety
9employees or transit employees
on subjects reserved to management and direction
10of the governmental unit except insofar as the manner of exercise of such functions
11affects the wages, hours, and conditions of employment of the public safety
12employees or of the transit
municipal employees in a collective bargaining unit.
SB558,155 13Section 155. 111.70 (7) of the statutes is created to read:
SB558,72,2014 111.70 (7) Penalty for striker. (a) Whoever violates sub. (4) (L) after an
15injunction against a strike has been issued shall be fined $10. After the injunction
16has been issued, any employee who is absent from work because of purported illness
17is presumed to be on strike unless the illness is verified by a written report from a
18physician to the employer. Each day of continued violation constitutes a separate
19offense. The court shall order that any fine imposed under this subsection be paid
20by means of a salary deduction at a rate to be determined by the court.
SB558,72,2221 (b) This subsection applies only to municipal employees who are engaged in law
22enforcement or fire fighting functions.
SB558,156 23Section 156. 111.70 (7m) (a) of the statutes is renumbered 111.70 (7m) (ar).
SB558,157 24Section 157. 111.70 (7m) (ag) of the statutes is created to read:
SB558,73,3
1111.70 (7m) (ag) Application. This subsection does not apply to strikes
2involving municipal employees who are engaged in law enforcement or fire fighting
3functions.
SB558,158 4Section 158. 111.70 (7m) (b) of the statutes is created to read:
SB558,73,165 111.70 (7m) (b) Injunction; threat to public health or safety. At any time after
6a labor organization gives advance notice of a strike under sub. (4) (cm) that is
7expressly authorized under sub. (4) (cm), the municipal employer or any citizen
8directly affected by the strike may petition the circuit court to enjoin the strike. If
9the court finds that the strike poses an imminent threat to the public health or safety,
10the court shall, within 48 hours after the receipt of the petition but after notice to the
11parties and after holding a hearing, issue an order immediately enjoining the strike,
12and shall order the parties to submit a new final offer on all disputed issues to the
13commission for final and binding arbitration as provided in sub. (4) (cm). The
14commission, upon receipt of the final offers of the parties, shall transmit them to the
15arbitrator or a successor designated by the commission. The arbitrator shall omit
16preliminary steps and shall commence immediately to arbitrate the dispute.
SB558,159 17Section 159. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
SB558,73,2518 111.70 (7m) (c) 1. a. Any labor organization that represents public safety
19employees or transit employees which
violates sub. (4) (L) may not collect any dues
20under a collective bargaining agreement or under a fair-share agreement from any
21municipal employee covered by either agreement for a period of one year. At the end
22of the period of suspension, any such the agreement shall be reinstated unless the
23labor organization is no longer authorized to represent the public safety employees
24or transit
municipal employees covered by the collective bargaining agreement or
25fair-share agreement or the agreement is no longer in effect.
SB558,160
1Section 160. 111.70 (7m) (c) 3. of the statutes is created to read:
SB558,74,62 111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
3participates in a strike after a final and binding arbitration award or decision under
4sub. (4) (cm) is issued and before the end of the term of the agreement which the
5award or decision amends or creates shall forfeit $15 per offense. Each day of
6continued violation constitutes a separate offense.
SB558,161 7Section 161. 111.70 (7m) (e) of the statutes is created to read:
SB558,74,128 111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration
9award or decision under sub. (4) (cm) in a written collective bargaining agreement
10or failing to implement the award or decision, unless good cause is shown, is liable
11for attorney fees, interest on delayed monetary benefits, and other costs incurred in
12any action by the nonoffending party to enforce the award or decision.
SB558,162 13Section 162. 111.70 (8) (a) of the statutes is amended to read:
SB558,74,1914 111.70 (8) (a) This section, except sub. subs. (1) (nm), (4) (cg) and (cm), and (7m),
15applies to law enforcement supervisors employed by a 1st class city. This section,
16except sub. subs. (1) (nm), (4) (cm) and (jm), and (7m) applies to law enforcement
17supervisors employed by a county having a population of 500,000 or more. For
18purposes of such application, the terms term "municipal employee" and "public
19safety employee" include
includes such a supervisor.
SB558,163 20Section 163. 111.71 (2) of the statutes is amended to read:
SB558,76,421 111.71 (2) The commission shall assess and collect a filing fee for filing a
22complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
23The commission shall assess and collect a filing fee for filing a request that the
24commission act as an arbitrator to resolve a dispute involving the interpretation or
25application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or

1(cm) 4. The commission shall assess and collect a filing fee for filing a request that
2the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
3assess and collect a filing fee for filing a request that the commission act as a
4mediator under s. 111.70 (4) (c) 1., (cg) 3., or (cm) 3. The commission shall assess and
5collect a filing fee for filing a request that the commission initiate compulsory, final
6and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3). For the
7performance of commission actions under ss. 111.70 (4) (c) 1., 1m., 2., and 3., (cg) 3.,
84., and 6.,
(cm) 3. and, 4., and 6., and (jm) and 111.77 (3), the commission shall require
9that the parties to the dispute equally share in the payment of the fee and, for the
10performance of commission actions involving a complaint alleging that a prohibited
11practice has been committed under s. 111.70 (3), the commission shall require that
12the party filing the complaint pay the entire fee. If any party has paid a filing fee
13requesting the commission to act as a mediator for a labor dispute and the parties
14do not enter into a voluntary settlement of the dispute, the commission may not
15subsequently assess or collect a filing fee to initiate fact-finding or arbitration to
16resolve the same labor dispute. If any request for the performance of commission
17actions concerns issues arising as a result of more than one unrelated event or
18occurrence, each such separate event or occurrence shall be treated as is a separate
19request. The commission shall promulgate rules establishing a schedule of filing fees
20to be paid under this subsection. Fees required to be paid under this subsection shall
21be paid at the time of filing the complaint or the request for fact-finding, mediation
22or arbitration. A complaint or request for fact-finding, mediation or arbitration is
23not filed until the date such the fee or fees are paid, except that the failure of the
24respondent party to pay the filing fee for having the commission initiate compulsory,
25final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3) may

1not prohibit the commission from initiating such the arbitration. The commission
2may initiate collection proceedings against the respondent party for the payment of
3the filing fee. Fees collected under this subsection shall be credited to the
4appropriation account under s. 20.425 (1) (i).
SB558,164 5Section 164. 111.71 (4) of the statutes is created to read:
SB558,76,96 111.71 (4) The commission shall collect on a systematic basis information on
7the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually
8submit a report on the opinion to the chief clerk of each house of the legislature for
9distribution to the legislature under s. 13.172 (2).
SB558,165 10Section 165. 111.71 (4m) of the statutes is repealed.
SB558,166 11Section 166. 111.71 (5) of the statutes is created to read:
SB558,76,1912 111.71 (5) The commission shall, on a regular basis, provide training programs
13to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall
14promote the programs to and recruit participation throughout the state, including
15at least 10 residents of each congressional district. The commission may also provide
16training programs to individuals and organizations on other aspects of collective
17bargaining, including on areas of management and labor cooperation directly or
18indirectly affecting collective bargaining. The commission may charge a reasonable
19fee to participate in the programs.
SB558,167 20Section 167. 111.71 (5m) of the statutes is repealed.
SB558,168 21Section 168. 111.77 (intro.) of the statutes is amended to read:
SB558,77,2 22111.77 Settlement of disputes in collective bargaining units composed
23of law enforcement personnel and fire fighters
. (intro.) Municipal In fire
24departments and city and county law enforcement agencies municipal
employers
25and public safety employees, as provided in sub. (8), have the duty to bargain

1collectively in good faith including the duty to refrain from strikes or lockouts and
2to comply with the following:
SB558,169 3Section 169. 111.77 (8) (a) of the statutes is amended to read:
SB558,77,74 111.77 (8) (a) This section applies to public safety employees who are law
5enforcement
supervisors employed by a county having a population of 500,000 or
6more. For purposes of such application, the term "municipal employee" includes
7such a supervisor.
SB558,170 8Section 170. 111.77 (9) of the statutes is amended to read:
SB558,77,109 111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) does not apply to employments
10covered by this section.
SB558,171 11Section 171. 111.80 of the statutes is created to read:
SB558,77,14 12111.80 Declaration of policy. The public policy of the state as to labor
13relations and collective bargaining in state employment, in the furtherance of which
14this subchapter is enacted, is as follows:
SB558,77,18 15(1) It recognizes that there are 3 major interests involved: that of the public,
16that of the employee, and that of the employer. These 3 interests are to a considerable
17extent interrelated. It is the policy of this state to protect and promote each of these
18interests with due regard to the situation and to the rights of the others.
SB558,78,3 19(2) Orderly and constructive employment relations for employees and the
20efficient administration of state government are promotive of all these interests.
21They are largely dependent upon the maintenance of fair, friendly, and mutually
22satisfactory employee management relations in state employment, and the
23availability of suitable machinery for fair and peaceful adjustment of whatever
24controversies may arise. It is recognized that whatever may be the rights of
25disputants with respect to each other in any controversy regarding state

1employment relations, neither party has any right to engage in acts or practices that
2jeopardize the public safety and interest and interfere with the effective conduct of
3public business.
SB558,78,9 4(3) Where permitted under this subchapter, negotiations of terms and
5conditions of state employment should result from voluntary agreement between the
6state and its agents as employer, and its employees. For that purpose an employee
7may, if the employee desires, associate with others in organizing and in bargaining
8collectively through representatives of the employee's own choosing without
9intimidations or coercion from any source.
SB558,78,16 10(4) It is the policy of this state, in order to preserve and promote the interests
11of the public, the employee, and the employer alike, to encourage the practices and
12procedures of collective bargaining in state employment subject to the requirements
13of the public service and related laws, rules, and policies governing state
14employment, by establishing standards of fair conduct in state employment
15relations, and by providing a convenient, expeditious, and impartial tribunal in
16which these interests may have their respective rights determined.
SB558,172 17Section 172. 111.81 (1) of the statutes is amended to read:
SB558,79,218 111.81 (1) "Collective bargaining" means the performance of the mutual
19obligation of the state as an employer, by its officers and agents, and the
20representatives of its employees, to meet and confer at reasonable times, in good
21faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect
22to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3),
23with respect to general employees,
with the intention of reaching an agreement, or
24to resolve questions arising under such an agreement. The duty to bargain, however,
25does not compel either party to agree to a proposal or require the making of a

1concession. Collective bargaining includes the reduction of any agreement reached
2to a written and signed document.
SB558,173 3Section 173. 111.81 (3h) of the statutes is created to read:
SB558,79,44 111.81 (3h) "Consumer" has the meaning given in s. 46.2898 (1) (cm).
SB558,174 5Section 174. 111.81 (3n) of the statutes is repealed.
SB558,175 6Section 175. 111.81 (7) (g) of the statutes is created to read:
SB558,79,97 111.81 (7) (g) For purposes of this subchapter only, home care providers. This
8paragraph does not make home care providers state employees for any other purpose
9except collective bargaining.
SB558,176 10Section 176. 111.81 (9) of the statutes is amended to read:
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