SB558,81,520 111.815 (1) (a) In the furtherance of this subchapter, the state shall be
21considered as a single employer and employment relations policies and practices
22throughout the state service shall be as consistent as practicable. The office shall
23negotiate and administer collective bargaining agreements, except that the
24department of health services, subject to the approval of the federal centers for
25medicare and medicaid services to use collective bargaining as the method of setting

1rates for reimbursement of home care providers, shall negotiate and administer
2collective bargaining agreements entered into with the collective bargaining unit
3specified in s. 111.825 (2g)
. To coordinate the employer position in the negotiation
4of agreements, the office shall maintain close liaison with the legislature relative to
5the negotiation of agreements and the fiscal ramifications of those agreements.
SB558,81,11 6(b) 1. Except with respect to the collective bargaining unit specified in s.
7111.825 (1r), (1t), and (2g), the office is responsible for the employer functions of the
8executive branch under this subchapter, and shall coordinate its collective
9bargaining activities with operating state agencies on matters of agency concern.
10The legislative branch shall act upon those portions of tentative agreements
11negotiated by the office that require legislative action.
SB558,81,14 122. With respect to the collective bargaining units specified in s. 111.825 (1r), the
13Board of Regents of the University of Wisconsin System is responsible for the
14employer functions under this subchapter.
SB558,81,17 153. With respect to the collective bargaining units specified in s. 111.825 (1t), the
16chancellor of the University of Wisconsin-Madison is responsible for the employer
17functions under this subchapter.
SB558,81,20 184. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef),
19the governing board of the charter school established by contract under s. 118.40 (2r)
20(cm) is responsible for the employer functions under this subchapter.
SB558,183 21Section 183. 111.815 (1) (b) 5. of the statutes is created to read:
SB558,81,2422 111.815 (1) (b) 5. With respect to the collective bargaining unit specified in s.
23111.825 (2g), the department of health services is responsible for the employer
24functions of the executive branch under this subchapter.
SB558,184
1Section 184. 111.815 (2) of the statutes, as affected by 2011 Wisconsin Act 32,
2is amended to read:
SB558,82,93 111.815 (2) The In the furtherance of the policy under s. 111.80 (4), the director
4of the office shall, together with the appointing authorities or their representatives,
5represent the state in its responsibility as an employer under this subchapter except
6with respect to negotiations in the collective bargaining unit units specified in s.
7111.825 (1r), (1t), and (2g). The director of the office shall establish and maintain,
8wherever practicable, consistent employment relations policies and practices
9throughout the state service.
SB558,185 10Section 185. 111.82 of the statutes is amended to read:
SB558,82,17 11111.82 Rights of employees. Employees have the right of self-organization
12and the right to form, join, or assist labor organizations, to bargain collectively
13through representatives of their own choosing under this subchapter, and to engage
14in lawful, concerted activities for the purpose of collective bargaining or other mutual
15aid or protection. Employees also have the right to refrain from any or all of such
16activities. A general employee has the right to refrain from paying dues while
17remaining a member of a collective bargaining unit.
SB558,186 18Section 186. 111.825 (1) (g) of the statutes is repealed.
SB558,187 19Section 187. 111.825 (2g) of the statutes is created to read:
SB558,82,2120 111.825 (2g) A collective bargaining unit for employees who are home care
21providers shall be structured as a single statewide collective bargaining unit.
SB558,188 22Section 188. 111.825 (3) of the statutes, as affected by 2011 Wisconsin Act 32,
23is amended to read:
SB558,82,2524 111.825 (3) The commission shall assign employees to the appropriate
25collective bargaining units set forth in subs. (1), (1r), (1t), and (2), and (2g).
SB558,189
1Section 189. 111.825 (4) of the statutes, as affected by 2011 Wisconsin Act 32,
2is amended to read:
SB558,83,103 111.825 (4) Any labor organization may petition for recognition as the exclusive
4representative of a collective bargaining unit specified in sub. (1) , (1r), (1t), or (2), or
5(2g)
in accordance with the election procedures set forth in s. 111.83, provided the
6petition is accompanied by a 30% showing of interest in the form of signed
7authorization cards. Each additional labor organization seeking to appear on the
8ballot shall file petitions within 60 days of the date of filing of the original petition
9and prove, through signed authorization cards, that at least 10% of the employees
10in the collective bargaining unit want it to be their representative.
SB558,190 11Section 190. 111.825 (5) of the statutes is amended to read:
SB558,83,2312 111.825 (5) Although supervisors are not considered employees for purposes
13of this subchapter, the commission may consider a petition for a statewide collective
14bargaining unit of professional supervisors or a statewide unit of nonprofessional
15supervisors in the classified service, but the representative of supervisors may not
16be affiliated with any labor organization representing employees. For purposes of
17this subsection, affiliation does not include membership in a national, state, county
18or municipal federation of national or international labor organizations. The
19certified representative of supervisors who are not public safety employees may not
20bargain collectively with respect to any matter other than wages and fringe benefits
21as provided in s. 111.91 (3), and the certified representative of supervisors who are
22public safety employees may not bargain collectively with respect to any matter other
23than wages and fringe benefits as provided in
s. 111.91 (1).
SB558,191 24Section 191. 111.825 (6) (a) of the statutes, as affected by 2011 Wisconsin Act
2532
, is renumbered 111.825 (6).
SB558,192
1Section 192. 111.825 (6) (b) of the statutes is repealed.
SB558,193 2Section 193. 111.83 (1) of the statutes is amended to read:
SB558,84,133 111.83 (1) Except as provided in sub. subs. (5) and (5m), a representative
4chosen for the purposes of collective bargaining by a majority of the employees voting
5in a collective bargaining unit shall be the exclusive representative of all of the
6employees in such unit for the purposes of collective bargaining. Any individual
7employee, or any minority group of employees in any collective bargaining unit, may
8present grievances to the employer in person, or through representatives of their own
9choosing, and the employer shall confer with said employee or group of employees in
10relation thereto if the majority representative has been afforded the opportunity to
11be present at the conference. Any adjustment resulting from such a conference may
12not be inconsistent with the conditions of employment established by the majority
13representative and the employer.
SB558,194 14Section 194. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
SB558,195 15Section 195. 111.83 (3) (b) of the statutes is repealed.
SB558,196 16Section 196. 111.83 (4) of the statutes is amended to read:
SB558,84,2517 111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which
18the name of more than one proposed representative appears on the ballot and results
19in no conclusion, the commission may, if requested by any party to the proceeding
20within 30 days from the date of the certification of the results of the election, conduct
21a runoff election. In that runoff election, the commission shall drop from the ballot
22the name of the representative who received the least number of votes at the original
23election. The commission shall drop from the ballot the privilege of voting against
24any representative if the least number of votes cast at the first election was against
25representation by any named representative.
SB558,197
1Section 197. 111.83 (5m) of the statutes is created to read:
SB558,85,32 111.83 (5m) (a) This subsection applies only to a collective bargaining unit
3specified in s. 111.825 (2g).
SB558,85,64 (am) 1. Subject to subd. 2., the department of health services shall provide a
5labor organization with the list of home care providers provided to the department
6of health services under s. 52.20 (5) if any of the following applies:
SB558,85,97 a. The labor organization demonstrates a showing of interest of at least 3
8percent of home care providers included in the collective bargaining unit under s.
9111.825 (2g) to be represented by that labor organization.
SB558,85,1110 b. The labor organization is a certified representative of any home care
11providers in this state.
SB558,85,1312 c. The labor organization was a certified representative of any home care
13providers in this state prior to July 1, 2009.
SB558,85,1614 2. A labor organization shall agree to use any list it receives under subd. 1. only
15for communicating with home care providers concerning the exercise of their rights
16under s. 111.82 and shall agree to keep the list confidential.
SB558,86,217 (b) Upon the filing of a petition with the commission indicating a showing of
18interest of at least 30 percent of the home care providers included in the collective
19bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to
20change the existing representative, the commission shall hold an election in which
21the home care providers may vote on the question of representation. The labor
22organization named in the petition shall be included on the ballot. Within 60 days
23of the time that the petition is filed, another petition may be filed with the
24commission indicating a showing of interest of at least 10 percent of the home care
25providers who are included in the collective bargaining unit under s. 111.825 (2g) to

1be represented by another labor organization, in which case the name of that labor
2organization shall also be included on the ballot.
SB558,86,83 (c) If at an election held under par. (b), a majority of home care providers voting
4in the collective bargaining unit vote for a single labor organization, the labor
5organization shall be the exclusive representative for all home care providers in that
6collective bargaining unit. If no single labor organization receives a majority of the
7votes cast, the commission may hold one or more runoff elections under sub. (4) until
8one labor organization receives a majority of the votes cast.
SB558,198 9Section 198. 111.84 (1) (b) of the statutes is amended to read:
SB558,87,210 111.84 (1) (b) Except as otherwise provided in this paragraph, to initiate,
11create, dominate or interfere with the formation or administration of any labor or
12employee organization or contribute financial support to it. Except as provided in
13ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
14retirement system under ch. 40 and no action by the employer that is authorized by
15such a law constitutes a violation of this paragraph unless an applicable collective
16bargaining agreement covering a collective bargaining unit under s. 111.825 (1) (g)
17specifically prohibits the change or action. No such change or action affects the
18continuing duty to bargain collectively with a collective bargaining unit under s.
19111.825 (1) (g)
regarding the Wisconsin retirement system under ch. 40 to the extent
20required by s. 111.91 (1). It is not an unfair labor practice for the employer to
21reimburse an employee at his or her prevailing wage rate for the time spent during
22the employee's regularly scheduled hours conferring with the employer's officers or
23agents and for attendance at commission or court hearings necessary for the
24administration of this subchapter. Professional supervisory or craft personnel may
25maintain membership in professional or craft organizations; however, as members

1of such organizations they shall be prohibited from those activities related to
2collective bargaining in which the organizations may engage.
SB558,199 3Section 199. 111.84 (1) (d) of the statutes is amended to read:
SB558,87,134 111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
5(1) or (3), whichever is appropriate, with a representative of a majority of its
6employees in an appropriate collective bargaining unit. Where the employer has a
7good faith doubt as to whether a labor organization claiming the support of a majority
8of its employees in appropriate collective bargaining unit does in fact have that
9support, it may file with the commission a petition requesting an election as to that
10claim. It is not deemed to have refused to bargain until an election has been held and
11the results thereof certified to it by the commission. A violation of this paragraph
12includes, but is not limited to, the refusal to execute a collective bargaining
13agreement previously orally agreed upon.
SB558,200 14Section 200. 111.84 (1) (f) of the statutes is amended to read:
SB558,87,2315 111.84 (1) (f) To deduct labor organization dues from the an employee's
16earnings of a public safety employee, unless the employer has been presented with
17an individual order therefor, signed by the public safety employee personally, and
18terminable by at least the end of any year of its life or earlier by the public safety
19employee giving at least 30 but not more than 120 days' written notice of such
20termination to the employer and to the representative labor organization, except if
21there is a fair-share or maintenance of membership agreement in effect. The
22employer shall give notice to the labor organization of receipt of such notice of
23termination.
SB558,201 24Section 201. 111.84 (2) (c) of the statutes, as affected by 2011 Wisconsin Act
2532
, is amended to read:
SB558,88,8
1111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
2(1) or (3), whichever is appropriate, with the duly authorized officer or agent of the
3employer which is the recognized or certified exclusive collective bargaining
4representative of employees specified in s. 111.81 (7) (a) in an appropriate collective
5bargaining unit or with the certified exclusive collective bargaining representative
6of employees specified in s. 111.81 (7) (ar) to (f) (g) in an appropriate collective
7bargaining unit. Such refusal to bargain shall include, but not be limited to, the
8refusal to execute a collective bargaining agreement previously orally agreed upon.
SB558,202 9Section 202. 111.84 (3) of the statutes is amended to read:
SB558,88,1310 111.84 (3) It is an unfair labor practice for any person to do or cause to be done
11on behalf of or in the interest of employers or employees, or in connection with or to
12influence the outcome of any controversy as to employment relations, any act
13prohibited by sub. subs. (1) or and (2).
SB558,203 14Section 203. 111.845 of the statutes is repealed.
SB558,204 15Section 204. 111.85 (1), (2) and (4) of the statutes are amended to read:
SB558,88,2416 111.85 (1) (a) No fair-share or maintenance of membership agreement
17covering public safety employees may become is effective unless authorized by a
18referendum. The commission shall order a referendum whenever it receives a
19petition supported by proof that at least 30% 30 percent of the public safety
20employees or supervisors specified in s. 111.825 (5) in a collective bargaining unit
21desire that a fair-share or maintenance of membership agreement be entered into
22between the employer and a labor organization. A petition may specify that a
23referendum is requested on a maintenance of membership agreement only, in which
24case the ballot shall be limited to that question.
SB558,89,8
1(b) For a fair-share agreement to be authorized, at least two-thirds of the
2eligible public safety employees or supervisors voting in a referendum shall vote in
3favor of the agreement. For a maintenance of membership agreement to be
4authorized, at least a majority of the eligible public safety employees or supervisors
5voting in a referendum shall must vote in favor of the agreement. In a referendum
6on a fair-share agreement, if less than two-thirds but more than one-half of the
7eligible public safety employees or supervisors vote in favor of the agreement, a
8maintenance of membership agreement is authorized.
SB558,89,229 (c) If a fair-share or maintenance of membership agreement is authorized in
10a referendum, the employer shall enter into such an agreement with the labor
11organization named on the ballot in the referendum. Each fair-share or
12maintenance of membership agreement shall contain a provision requiring require
13the employer to deduct the amount of dues as certified by the labor organization from
14the earnings of the public safety employees or supervisors affected by the agreement
15and to pay the amount so deducted to the labor organization. Unless the parties
16agree to an earlier date, the agreement shall take takes effect 60 days after
17certification by the commission that the referendum vote authorized the agreement.
18The employer shall be held harmless against any claims, demands, suits and other
19forms of liability made by public safety employees or supervisors or local labor
20organizations which may arise for actions taken by the employer takes in compliance
21with this section. All such lawful claims, demands, suits, and other forms of liability
22are the responsibility of the labor organization entering into the agreement.
SB558,90,423 (d) Under each fair-share or maintenance of membership agreement, a public
24safety
an employee or supervisor who has religious convictions against dues
25payments to a labor organization based on teachings or tenets of a church or religious

1body of which he or she is a member shall, on may request to the labor organization,
2have
to pay his or her dues paid to a charity mutually agreed upon by the public
3safety
employee or supervisor and the labor organization. Any dispute concerning
4under this paragraph may be submitted to the commission for adjudication.
SB558,90,20 5(2) (a) Once authorized, a fair-share or maintenance of membership
6agreement covering public safety employees shall continue is in effect, subject to the
7right of the employer or labor organization concerned to petition the commission to
8conduct a new referendum. Such petition must be supported by proof that at least
930% 30 percent of the public safety employees or supervisors in the collective
10bargaining unit desire that the fair-share or maintenance of membership agreement
11be discontinued. Upon so finding, the commission shall conduct a new referendum.
12If the continuance of the fair-share or maintenance of membership agreement is
13approved in the referendum by at least the percentage of eligible voting public safety
14employees or supervisors required for its initial authorization, it shall be continued
15in effect, subject to the right of the employer or labor organization to later initiate a
16further vote following the procedure prescribed in this subsection. If the
17continuation of the agreement is not supported in any referendum, it is deemed
18terminated
terminates at the termination of the collective bargaining agreement, or
19one year from the date of the certification of the result of the referendum, whichever
20is earlier.
SB558,91,421 (b) The commission shall declare suspend any fair-share or maintenance of
22membership agreement suspended upon such conditions and for such time as the
23commission decides whenever it finds that the labor organization involved has
24refused on the basis of race, color, sexual orientation, or creed to receive as a member
25any public safety employee or supervisor in the collective bargaining unit involved,

1and the agreement shall be made subject to the findings and orders of the
2commission. Any of the parties to the agreement, or any public safety employee or
3supervisor
covered thereby, may come before the commission, as provided in s.
4111.07, and petition the commission to make such a finding.
SB558,91,7 5(4) The commission may, under rules adopted for that purpose, appoint as its
6agent an official of a state agency whose public safety employees are entitled to vote
7in a referendum to conduct a referendum provided for herein.
SB558,205 8Section 205. 111.905 of the statutes is created to read:
SB558,91,11 9111.905 Rights of consumer. (1) This subchapter does not interfere with the
10rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise,
11or discipline home care providers or to set conditions and duties of employment.
SB558,91,13 12(2) A home care provider is an at will provider of home care services to a
13consumer, and this subchapter does not interfere with that relationship.
SB558,206 14Section 206. 111.91 (1) (a) of the statutes is amended to read:
SB558,91,2315 111.91 (1) (a) Except as provided in pars. (b) to (d), with regard to a collective
16bargaining unit under s. 111.825 (1) (g)
(e), matters subject to collective bargaining
17to the point of impasse are wage rates, consistent with sub. (2), the assignment and
18reassignment of classifications to pay ranges, determination of an incumbent's pay
19status resulting from position reallocation or reclassification, and pay adjustments
20upon temporary assignment of classified public safety employees to duties of a higher
21classification or downward reallocations of a classified public safety employee's
22position; fringe benefits consistent with sub. (2); hours and conditions of
23employment.
SB558,207 24Section 207. 111.91 (1) (b) of the statutes is amended to read:
SB558,92,5
1111.91 (1) (b) The employer is not required to bargain with a collective
2bargaining unit under s. 111.825 (1) (g)
on management rights under s. 111.90, except
3that procedures for the adjustment or settlement of grievances or disputes arising
4out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of
5bargaining.
SB558,208 6Section 208. 111.91 (1) (c) of the statutes is amended to read:
SB558,92,87 111.91 (1) (c) The employer is prohibited from bargaining with a collective
8bargaining unit under s. 111.825 (1) (g)
on matters contained in sub. (2).
SB558,209 9Section 209. 111.91 (1) (cg) of the statutes is created to read:
SB558,92,1210 111.91 (1) (cg) The representative of home care providers in the collective
11bargaining unit specified under s. 111.825 (2g) may not bargain collectively with
12respect to any matter other than wages and fringe benefits.
SB558,210 13Section 210. 111.91 (1) (cm) of the statutes is amended to read:
SB558,92,1914 111.91 (1) (cm) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23
15(1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40 and all
16actions of the employer that are authorized under any such law which apply to
17nonrepresented individuals employed by the state shall apply to similarly situated
18public safety employees, unless otherwise specifically provided in a collective
19bargaining agreement that applies to the public safety employees.
SB558,211 20Section 211. 111.91 (1) (d) of the statutes is amended to read:
SB558,92,2321 111.91 (1) (d) In the case of a collective bargaining unit under s. 111.825 (1) (g),
22demands
Demands relating to retirement and group insurance shall be submitted
23to the employer at least one year prior to commencement of negotiations.
SB558,212 24Section 212. 111.91 (1) (e) of the statutes is created to read:
SB558,93,2
1111.91 (1) (e) The employer is not be required to bargain on matters related to
2employee occupancy of houses or other lodging provided by the state.
SB558,213 3Section 213. 111.91 (2) (intro.) of the statutes is amended to read:
SB558,93,54 111.91 (2) (intro.) The employer is prohibited from bargaining with a collective
5bargaining unit under s. 111.825 (1) (g)
with respect to all of the following:
SB558,214 6Section 214. 111.91 (2) (fm) of the statutes is amended to read:
SB558,93,127 111.91 (2) (fm) If Except if the collective bargaining unit contains a public
8safety employee initially employed on or after before July 1, 2011, the requirement
9under s. 40.05 (1) (b) that the employer may not pay, on behalf of that public safety
10employee, any employee required contributions or the employee share of required
11contributions and the impact of this requirement on the wages, hours, and conditions
12of employment of that public safety employee.
SB558,215 13Section 215. 111.91 (2) (fp) of the statutes is created to read:
SB558,93,1914 111.91 (2) (fp) Except if the collective bargaining unit contains a public safety
15employee, all costs and payments associated with health care coverage plans, except
16for the employee premium contribution, and the design and selection of health care
17coverage plans by the employer, and the impact of such costs and payments and the
18design and selection of the health care coverage plans on the wages, hours, and
19conditions of employment of the employees.
SB558,216 20Section 216. 111.91 (2) (gu) of the statutes is amended to read:
SB558,93,2521 111.91 (2) (gu) The right of a public safety employee, who is an employee, as
22defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical technician,
23first responder, or ambulance driver for a volunteer fire department or fire company,
24a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined
25in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).
SB558,217
1Section 217. 111.91 (2c) of the statutes is created to read:
SB558,94,42 111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer
3is prohibited from bargaining with a collective bargaining unit formed under s.
4111.825 (2g) on any of the following:
SB558,94,55 (a) Policies.
SB558,94,66 (b) Work rules.
SB558,94,77 (c) Hours of employment.
SB558,94,88 (d) Any right of the consumer under s. 111.905.
SB558,218 9Section 218. 111.91 (3) of the statutes is repealed.
SB558,219 10Section 219. 111.91 (3q) of the statutes is repealed.
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