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CHAPTER 111
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SUBCHAPTER VI
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UNIVERSITY OF WISCONSIN SYSTEM
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FACULTY AND ACADEMIC STAFF
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LABOR RELATIONS
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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:
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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.
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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.
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12111.96 Definitions. In this subchapter:
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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.
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16(2) "Board" means the Board of Regents of the University of Wisconsin System.
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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.
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25(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
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1(5) "Commission" means the employment relations commission.
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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.
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5(7) "Employee" includes:
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(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.
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(b) All academic staff, except for supervisors, management employees, and
10individuals who are privy to confidential matters affecting the employer-employee
11relationship.
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12(8) "Employer" means the state of Wisconsin.
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13(9) "Faculty" means faculty under s. 36.13, except for an individual holding an
14appointment under s. 36.15.
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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.
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20(11) "Institution" has the meaning given in s. 36.05 (9).
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21(12) "Labor dispute" means any controversy with respect to the subjects of
22bargaining provided in this subchapter.
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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:
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(a) Advocates the overthrow of the constitutional form of government in the
4United States.
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(b) Discriminates with regard to the terms or conditions of membership
6because of race, color, creed, sex, age, sexual orientation, or national origin.
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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.
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14(15) "Management employees" includes those personnel engaged
15predominately in executive and managerial functions.
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16(16) "Office" means the office of state employment relations in the department
17of administration.
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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.
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23(18) "Representative" includes any person chosen by an employee to represent
24the employee.
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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.
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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.
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11(21) "Unfair labor practice" means any unfair labor practice specified in s.
12111.991.
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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.
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(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.
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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.
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(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.
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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.
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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:
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(a) Faculty of the University of Wisconsin-Madison.
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(b) Faculty of the University of Wisconsin-Milwaukee.
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(c) Faculty of the University of Wisconsin-Extension.
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1(cm) Faculty of the University of Wisconsin-Eau Claire.
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(d) Faculty of the University of Wisconsin-Green Bay.
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(dm) Faculty of the University of Wisconsin-La Crosse.
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(e) Faculty of the University of Wisconsin-Oshkosh.
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(em) Faculty of the University of Wisconsin-Parkside.
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(f) Faculty of the University of Wisconsin-Platteville.
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(fm) Faculty of the University of Wisconsin-River Falls.
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(g) Faculty of the University of Wisconsin-Stevens Point.
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(gm) Faculty of the University of Wisconsin-Stout.
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(h) Faculty of the University of Wisconsin-Superior.
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(hm) Faculty of the University of Wisconsin-Whitewater.
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(i) Faculty of the University of Wisconsin Colleges.
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(j) Academic staff of the University of Wisconsin-Madison.
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(jk) Academic staff employed at the University of Wisconsin System
15administration.
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(jm) Academic staff of the University of Wisconsin-Milwaukee.
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(k) Academic staff of the University of Wisconsin-Extension.
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(km) Academic staff of the University of Wisconsin-Eau Claire.
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(L) Academic staff of the University of Wisconsin-Green Bay.
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(Lm) Academic staff of the University of Wisconsin-La Crosse.
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(n) Academic staff of the University of Wisconsin-Oshkosh.
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(nm) Academic staff of the University of Wisconsin-Parkside.
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(o) Academic staff of the University of Wisconsin-Platteville.
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(om) Academic staff of the University of Wisconsin-River Falls.
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(p) Academic staff of the University of Wisconsin-Stevens Point.
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1(pm) Academic staff of the University of Wisconsin-Stout.
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(q) Academic staff of the University of Wisconsin-Superior.
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(qm) Academic staff of the University of Wisconsin-Whitewater.
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(r) Academic staff of the University of Wisconsin Colleges.
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5(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
6under sub. (1) (b) to (i) or (jk) to (r) may be combined into a single unit or the collective
7bargaining units described under sub. (1) (a) and (j) may be combined into a single
8unit. If 2 or more collective bargaining units seek to combine into a single collective
9bargaining unit, the commission shall, upon the petition of at least 30 percent of the
10employees in each unit, hold an election, or include on any ballot for an election held
11under s. 111.990 (2) the question of whether to combine units, to determine whether
12a majority of those employees voting in each unit desire to combine into a single unit.
13A combined collective bargaining unit shall be formed including all employees from
14each of those units in which a majority of the employees voting in the election approve
15a combined unit. The collective bargaining units shall be combined immediately
16unless there is no existing collective bargaining agreement in force in any of the units
17to be combined and then the collective bargaining units shall be combined upon
18expiration of the last agreement for the units concerned.
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(b) If 2 or more collective bargaining units have combined under par. (a), the
20commission shall, upon petition of at least 30 percent of the employees in any of the
21original units, hold an election of the employees in the original unit to determine
22whether the employees in that unit desire to withdraw from the combined collective
23bargaining unit. If a majority of the employees voting desire to withdraw from the
24combined collective bargaining unit, separate units consisting of the unit in which
25the election was held and a unit composed of the remainder of the combined unit shall
1be formed. The new collective bargaining units shall be formed immediately unless
2there is a collective bargaining agreement in force for the combined unit and then the
3new units shall be formed upon the expiration of the agreement. While there is a
4collective bargaining agreement in force for the combined collective bargaining unit,
5a petition for an election under this paragraph may be filed only during October in
6the calendar year prior to the expiration of the agreement.
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7(4) Any labor organization may petition for recognition as the exclusive
8representative of a collective bargaining unit described under sub. (1) or (2) in
9accordance with the election procedures under s. 111.990 if the petition is
10accompanied by a 30 percent showing of interest in the form of signed authorization
11cards. Any additional labor organization seeking to appear on the ballot must file
12a petition within 60 days of the date of filing of the original petition and prove,
13through signed authorization cards, that at least 10 percent of the employees in the
14collective bargaining unit want it to be their representative.
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15(5) Although academic staff supervisors are not considered employees for the
16purpose of this subchapter, the commission may consider a petition for a statewide
17collective bargaining unit consisting of academic staff supervisors, but the
18representative of the supervisors may not be affiliated with any labor organization
19representing employees. For purposes of this subsection, affiliation does not include
20membership in a national, state, county, or municipal federation of national or
21international labor organizations. The certified representative of the supervisors
22may not bargain collectively with respect to any matter other than wages and fringe
23benefits.
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24111.990 Representatives and elections.
(1) A representative chosen for the
25purposes of collective bargaining by a majority of the employees voting in a collective
1bargaining unit is the exclusive representative of all of the employees in such unit
2for the purposes of collective bargaining. Any individual employee, or any minority
3group of employees in any collective bargaining unit, may present any grievance to
4the employer in person, or through representatives of their own choosing, and the
5employer shall confer with the individual employee or group of employees with
6respect to the grievance if the majority representative has been given the
7opportunity to be present at the conference. Any adjustment resulting from a
8conference may not be inconsistent with the conditions of employment established
9by the majority representative and the employer.
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10(2) (a) Whenever a question arises concerning the representation of employees
11in a collective bargaining unit, the commission shall determine the representation
12by taking a secret ballot of the employees and certifying in writing the results to the
13interested parties. There shall be included on any ballot for the election of
14representatives the names of all labor organizations having an interest in
15representing the employees participating in the election as indicated in petitions
16filed with the commission. The name of any existing representative shall be included
17on the ballot without the necessity of filing a petition. The commission may exclude
18from the ballot one who, at the time of the election, stands deprived of his or her rights
19under this subchapter by reason of a prior adjudication of his or her having engaged
20in an unfair labor practice. The ballot shall permit a vote against representation by
21anyone named on the ballot.
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(b) 1. Except as provided in subd. 2., for elections in a collective bargaining unit
23composed of employees who are members of the faculty or academic staff, whenever
24more than one representative qualifies to appear on the ballot, the ballot shall
25provide separate votes on 2 questions. The first question shall be: "Shall the
1employees of the .... (name of collective bargaining unit) participate in collective
2bargaining?" The 2nd question shall be: "If the employees of the .... (name of
3collective bargaining unit) elect to participate in collective bargaining, which labor
4organization do you favor to act as representative of the employees?" The 2nd
5question may not include a choice for no representative. All employees in the
6collective bargaining unit may vote on both questions. Unless a majority of those
7employees voting in the election vote to participate in collective bargaining, no votes
8for a particular representative may be counted. If a majority of those employees
9voting in the election vote to participate in collective bargaining, the ballots for
10representatives shall be counted.
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2. For elections in a collective bargaining unit composed of employees who are
12members of the faculty or academic staff, whenever more than one representative
13qualifies to appear on the ballot and a question of whether to combine collective
14bargaining units as permitted under s. 111.98 (2) (a) qualifies to appear on the ballot,
15the ballot shall provide separate votes on 3 questions and each ballot shall identify
16the collective bargaining unit to which each voter currently belongs. The first
17question shall be: "Shall the employees of the .... (name of the voter's current
18collective bargaining unit) participate in collective bargaining?" The 2nd question
19shall be: "Shall the employees of the .... (names of all of the collective bargaining
20units that qualify to appear on the ballot, including the name of the voter's current
21collective bargaining unit) combine to participate in collective bargaining?" The 3rd
22question shall be: "If the employees of the .... (name of the voter's current collective
23bargaining unit) elect to participate in collective bargaining, which labor
24organization do you favor to act as representative of the employees?" The 3rd
25question may not include a choice for no representative. All employees in the
1collective bargaining unit may vote on all questions. Unless a majority of those
2employees voting in the election vote to participate in collective bargaining, no votes
3for combination or for a particular representative may be counted. If a majority of
4those employees voting in the election vote to participate in collective bargaining, the
5ballots for combination shall be counted. If the ballots for combination are counted
6and a majority of those employees voting from each collective bargaining unit listed
7in the 2nd question on the ballot vote to combine, then the ballots for representatives
8of the combined collective bargaining unit shall be counted. If the ballots for
9combination are counted and a majority of those employees voting from each
10collective bargaining unit listed in the 2nd question on the ballot do not vote to
11combine, then the ballots for representatives of each current collective bargaining
12unit shall be counted.
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(c) The commission's certification of the results of any election is conclusive
14unless reviewed under s. 111.07 (8).
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15(3) Whenever an election has been conducted under sub. (2) in which the ballots
16for representatives have been counted but in which no named representative is
17favored by a majority of the employees voting, the commission may, if requested by
18a party to the proceeding within 30 days from the date of the certification of the
19results of the election, conduct a runoff election. In that runoff election, the
20commission shall drop from the ballot the name of the representative who received
21the least number of votes at the original election.
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22(4) While a collective bargaining agreement between a labor organization and
23an employer is in force under this subchapter, a petition for an election in the
24collective bargaining unit to which the agreement applies may be filed only during
25October in the calendar year prior to the expiration of that agreement. An election
1held under that petition may be held only if the petition is supported by proof that
2at least 30 percent of the employees in the collective bargaining unit desire a change
3or discontinuance of existing representation. Within 60 days of the time that an
4original petition is filed, another petition may be filed supported by proof that at least
510 percent of the employees in the same collective bargaining unit desire a different
6representative. If a majority of the employees in the collective bargaining unit vote
7for a change or discontinuance of representation by any named representative, the
8decision takes effect upon expiration of any existing collective bargaining agreement
9between the employer and the existing representative.
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10111.991 Unfair labor practices. (1) It is an unfair labor practice for an
11employer individually or in concert with others to do any of the following:
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(a) Interfere with, restrain, or coerce employees in the exercise of their rights
13guaranteed under s. 111.97.
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(b) Except as otherwise provided in this paragraph, initiate, create, dominate,
15or interfere with the formation or administration of any labor or employee
16organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
17(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
18System under ch. 40 and no action by the employer that is authorized by such a law
19is a violation of this paragraph unless an applicable collective bargaining agreement
20specifically prohibits the change or action. No such change or action affects the
21continuing duty to bargain collectively regarding the Wisconsin Retirement System
22under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
23for the employer to reimburse an employee at his or her prevailing wage rate for the
24time spent during the employee's regularly scheduled hours conferring with the
1employer's officers or agents and for attendance at commission or court hearings
2necessary for the administration of this subchapter.
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(c) Encourage or discourage membership in any labor organization by
4discrimination in regard to hiring, tenure, or other terms or conditions of
5employment. This paragraph does not apply to fair-share or maintenance of
6membership agreements.
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(d) Refuse to bargain collectively on matters set forth in s. 111.998 with a
8representative of a majority of its employees in an appropriate collective bargaining
9unit. Whenever the employer has a good faith doubt as to whether a labor
10organization claiming the support of a majority of its employees in an appropriate
11collective bargaining unit does in fact have that support, it may file with the
12commission a petition requesting an election as to that claim. The employer is not
13considered to have refused to bargain until an election has been held and the results
14of the election are certified to the employer by the commission. A violation of this
15paragraph includes the refusal to execute a collective bargaining agreement
16previously orally agreed upon.
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(e) Violate any collective bargaining agreement previously agreed upon by the
18parties with respect to wages, hours, and conditions of employment affecting the
19employees, including an agreement to arbitrate or to accept the terms of an
20arbitration award, when previously the parties have agreed to accept such award as
21final and binding upon them.
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(f) Deduct labor organization dues from an employee's earnings, unless the
23employer has been presented with an individual order therefor, signed by the
24employee personally, and terminable by at least the end of any year of its life or
25earlier by the employee giving at least 30 but not more than 120 days' written notice
1of such termination to the employer and to the representative labor organization,
2except if there is a fair-share or maintenance of membership agreement in effect.
3The employer shall give notice to the labor organization of receipt of such notice of
4termination.
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(g) Use any moneys received for any purpose to discourage; to train any
6supervisor, management employee, or other employee to discourage; or to contract
7with any person for the purposes of discouraging employees in the exercise of their
8rights guaranteed under s. 111.97.
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9(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
10to implement changes in salaries or conditions of employment for members of the
11faculty or academic staff at one institution, and not for other members of the faculty
12or academic staff at another institution, but this may be done only if the differential
13treatment is based on comparisons with the compensation and working conditions
14of employees performing similar services for comparable higher education
15institutions or based upon other competitive factors.