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.
SB558,220 11Section 220. 111.92 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Act
1232
, is amended to read:
SB558,94,1913 111.92 (1) (a) 1. Any tentative agreement reached between the office, or, as
14provided in s. 111.815 (1), the department of health services acting for the state,
and
15any labor organization representing a collective bargaining unit specified in s.
16111.825 (1) or, (2) (d) or (e), or (2g) shall, after official ratification by the labor
17organization, be submitted by the office or department of health services to the joint
18committee on employment relations, which shall hold a public hearing before
19determining its approval or disapproval.
SB558,221 20Section 221. 111.92 (2m) of the statutes is created to read:
SB558,94,2221 111.92 (2m) A collective bargaining agreement entered into by a collective
22bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2013.
SB558,222 23Section 222. 111.92 (3) (a) of the statutes is renumbered 111.92 (3) and
24amended to read:
SB558,95,2
1111.92 (3) Agreements covering a collective bargaining unit specified under s.
2111.825 (1) (g)
shall coincide with the fiscal year or biennium.
SB558,223 3Section 223. 111.92 (3) (b) of the statutes is repealed.
SB558,224 4Section 224. 111.93 (3) (intro.) and (a) of the statutes, as affected by 2011
5Wisconsin Acts 10
and 32, are consolidated, renumbered 111.93 (3) and amended to
6read:
SB558,95,167 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm),
8230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), all of the following apply: (a) If if a
9collective bargaining agreement exists between the employer and a labor
10organization representing employees in a collective bargaining unit under s. 111.825
11(1) (g)
, the provisions of that agreement shall supersede the provisions of civil service
12and other applicable statutes, as well as rules and policies of the University of
13Wisconsin-Madison and the board of regents of the University of Wisconsin System,
14related to wages, fringe benefits, hours, and conditions of employment whether or
15not the matters contained in those statutes, rules, and policies are set forth in the
16collective bargaining agreement.
SB558,225 17Section 225. 111.93 (3) (b) of the statutes, as created by 2011 Wisconsin Act
1810
, is repealed.
SB558,226 19Section 226. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is
20created to read:
SB558,95,2121 CHAPTER 111
SB558,95,2222 SUBCHAPTER VI
SB558,95,2523 UNIVERSITY OF WISCONSIN SYSTEM
24 FACULTY AND ACADEMIC STAFF
25 LABOR RELATIONS
SB558,96,4
1111.95 Declaration of policy. The public policy of the state as to labor
2relations and collective bargaining involving faculty and academic staff at the
3University of Wisconsin System, in furtherance of which this subchapter is enacted,
4is as follows:
SB558,96,7 5(1) The people of the state of Wisconsin have a fundamental interest in
6developing harmonious and cooperative labor relations within the University of
7Wisconsin System.
SB558,96,11 8(2) It recognizes that there are 3 major interests involved: that of the public,
9that of the employee, and that of the employer. These 3 interests are to a considerable
10extent interrelated. It is the policy of this state to protect and promote each of these
11interests with due regard to the rights of the others.
SB558,96,12 12111.96 Definitions. In this subchapter:
SB558,96,15 13(1) "Academic staff" means academic staff under s. 36.15, but does not include
14any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is
15appointed to a visiting faculty position.
SB558,96,16 16(2) "Board" means the Board of Regents of the University of Wisconsin System.
SB558,96,24 17(3) "Collective bargaining" means the performance of the mutual obligation of
18the state as an employer, by its officers and agents, and the representatives of its
19employees, to meet and confer at reasonable times, in good faith, with respect to the
20subjects of bargaining provided in s. 111.998 with the intention of reaching an
21agreement, or to resolve questions arising under such an agreement. The duty to
22bargain, however, does not compel either party to agree to a proposal or require the
23making of a concession. Collective bargaining includes the reduction of any
24agreement reached to a written and signed document.
SB558,96,25 25(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
SB558,97,1
1(5) "Commission" means the employment relations commission.
SB558,97,4 2(6) "Election" means a proceeding conducted by the commission in which the
3employees in a collective bargaining unit cast a secret ballot for collective bargaining
4representatives, or for any other purpose specified in this subchapter.
SB558,97,5 5(7) "Employee" includes:
SB558,97,86 (a) All faculty, including faculty who are supervisors or management
7employees, but not including faculty holding a limited appointment under s. 36.17
8or deans.
SB558,97,119 (b) All academic staff, except for supervisors, management employees, and
10individuals who are privy to confidential matters affecting the employer-employee
11relationship.
SB558,97,12 12(8) "Employer" means the state of Wisconsin.
SB558,97,14 13(9) "Faculty" means faculty under s. 36.13, except for an individual holding an
14appointment under s. 36.15.
SB558,97,19 15(10) "Fair-share agreement" means an agreement between the employer and
16a labor organization representing employees under which all of the employees in a
17collective bargaining unit are required to pay their proportionate share of the cost
18of the collective bargaining process and contract administration measured by the
19amount of dues uniformly required of all members.
SB558,97,20 20(11) "Institution" has the meaning given in s. 36.05 (9).
SB558,97,22 21(12) "Labor dispute" means any controversy with respect to the subjects of
22bargaining provided in this subchapter.
SB558,98,2 23(13) "Labor organization" means any employee organization whose purpose is
24to represent employees in collective bargaining with the employer, or its agents, on

1matters pertaining to terms and conditions of employment, but does not include any
2organization that does any of the following:
SB558,98,43 (a) Advocates the overthrow of the constitutional form of government in the
4United States.
SB558,98,65 (b) Discriminates with regard to the terms or conditions of membership
6because of race, color, creed, sex, age, sexual orientation, or national origin.
SB558,98,13 7(14) "Maintenance of membership agreement" means an agreement between
8the employer and a labor organization representing employees that requires that all
9of the employees whose dues are being deducted from earnings under s. 20.921 (1)
10or 111.992 (1) (c) at or after the time the agreement takes effect continue to have dues
11deducted for the duration of the agreement and that dues be deducted from the
12earnings of all employees who are hired on or after the effective date of the
13agreement.
SB558,98,15 14(15) "Management employees" includes those personnel engaged
15predominately in executive and managerial functions.
SB558,98,17 16(16) "Office" means the office of state employment relations in the department
17of administration.
SB558,98,22 18(17) "Referendum" means a proceeding conducted by the commission in which
19employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
20may cast a secret ballot on the question of directing the labor organization and the
21employer to enter into a fair-share agreement or to terminate a fair-share
22agreement.
SB558,98,24 23(18) "Representative" includes any person chosen by an employee to represent
24the employee.
SB558,99,4
1(19) "Strike" includes any strike or other concerted stoppage of work by
2employees, any concerted slowdown or other concerted interruption of operations or
3services by employees, or any concerted refusal to work or perform their usual duties
4as employees of the state.
SB558,99,10 5(20) "Supervisor" means any individual whose principal work is different from
6that of the individual's subordinates and who has authority, in the interest of the
7employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
8reward, or discipline employees, or to adjust their grievances, or to authoritatively
9recommend such action, if the individual's exercise of such authority is not of a
10merely routine or clerical nature, but requires the use of independent judgment.
SB558,99,12 11(21) "Unfair labor practice" means any unfair labor practice specified in s.
12111.991.
SB558,99,21 13111.965 Duties of the state. (1) (a) In the furtherance of this subchapter, the
14state shall be considered as a single employer. With respect to a collective bargaining
15unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall negotiate and
16administer collective bargaining agreements. To coordinate the employer position
17in the negotiation of agreements, the board shall maintain close liaison with the
18office relative to the negotiation of agreements and the fiscal ramifications of those
19agreements. The board shall coordinate its collective bargaining activities with the
20office. The legislative branch shall act upon those portions of tentative agreements
21negotiated by the board that require legislative action.
SB558,99,2522 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to
23(i) or (jk) to (r), the board shall establish a collective bargaining capacity and shall
24represent the state in its responsibility as an employer under this subchapter. The
25board shall coordinate its actions with the director of the office.
SB558,100,9
1(2m) (a) With respect to a collective bargaining unit specified in s. 111.98 (1)
2(a) or (j), the University of Wisconsin-Madison shall negotiate and administer
3collective bargaining agreements. To coordinate the employer position in the
4negotiation of agreements, the University of Wisconsin-Madison shall maintain
5close liaison with the office relative to the negotiation of agreements and the fiscal
6ramifications of those agreements. The University of Wisconsin-Madison shall
7coordinate its collective bargaining activities with the office. The legislative branch
8shall act upon those portions of tentative agreements negotiated by the University
9of Wisconsin-Madison that require legislative action.
SB558,100,1410 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or
11(j), the University of Wisconsin-Madison shall establish a collective bargaining
12capacity and shall represent the state in its responsibility as an employer under this
13subchapter. The University of Wisconsin-Madison shall coordinate its actions with
14the director of the office.
SB558,100,19 15111.97 Rights of employees. Employees have the right of self-organization
16and the right to form, join, or assist labor organizations, to bargain collectively
17through representatives of their own choosing under this subchapter, and to engage
18in lawful, concerted activities for the purpose of collective bargaining or other mutual
19aid or protection. Employees also have the right to refrain from any such activities.
SB558,100,22 20111.98 Collective bargaining units. (1) Collective bargaining units for
21faculty and staff are structured with a collective bargaining unit for each of the
22following groups:
SB558,100,2323 (a) Faculty of the University of Wisconsin-Madison.
SB558,100,2424 (b) Faculty of the University of Wisconsin-Milwaukee.
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