SB558,39,129
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
10Hospitals and Clinics Authority,
of the Wisconsin Quality Home Care Authority, of
11the Fox River Navigational System Authority, of the Wisconsin Economic
12Development Corporation, and of the Wisconsin Aerospace Authority.
SB558,79
13Section
79. 73.03 (68) of the statutes is repealed.
SB558,39,1916
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
17Hospitals and Clinics Authority, the Wisconsin Aerospace Authority,
the Wisconsin
18Quality Home Care Authority, the Wisconsin Economic Development Corporation,
19and the Fox River Navigational System Authority.
SB558,81
20Section
81. 100.45 (1) (dm) of the statutes is amended to read:
SB558,40,521
100.45
(1) (dm) "State agency" means any office, department, agency,
22institution of higher education, association, society, or other body in state
23government created or authorized to be created by the constitution or any law which
24is entitled to expend moneys appropriated by law, including the legislature and the
25courts, the Wisconsin Housing and Economic Development Authority, the Bradley
1Center Sports and Entertainment Corporation, the University of Wisconsin
2Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
3Authority, the Wisconsin Aerospace Authority,
the Wisconsin Quality Home Care
4Authority, the Wisconsin Economic Development Corporation, and the Fox River
5Navigational System Authority.
SB558,82
6Section
82. 109.03 (1) (b) of the statutes is amended to read:
SB558,40,117
109.03
(1) (b) School district and private school employees who voluntarily
8request payment over a 12-month period for personal services performed during the
9school year, unless
, with respect to private school employees, the such employees are
10covered under a valid collective bargaining agreement which precludes this method
11of payment.
SB558,83
12Section
83. 111.02 (1) of the statutes is amended to read:
SB558,40,1713
111.02
(1) "All-union agreement" means an agreement between an employer
14other than the University of Wisconsin Hospitals and Clinics Authority and the
15representative of the employer's employees in a collective bargaining unit whereby
16all or any of the employees in such unit are required to be members of a single labor
17organization.
SB558,84
18Section
84. 111.02 (2) of the statutes is amended to read:
SB558,40,2419
111.02
(2) "Collective bargaining" means the negotiation by an employer and
20a majority of the employer's employees in a collective bargaining unit, or their
21representatives, concerning representation or terms and conditions of employment
22of such employees
, except as provided under ss. 111.05 (5) and 111.17 (2), in a
23mutually genuine effort to reach an agreement with reference to the subject under
24negotiation.
SB558,85
25Section
85. 111.02 (3) of the statutes is amended to read:
SB558,41,15
1111.02
(3) "Collective bargaining unit" means all of the employees of one
2employer, employed within the state,
except as provided in s. 111.05 (5) and (7) and 3except that where a majority of the employees engaged in a single craft, division,
4department or plant have voted by secret ballot as provided in s. 111.05 (2) to
5constitute such group a separate bargaining unit they shall be so considered, but, in
6appropriate cases, and to aid in the more efficient administration of ss. 111.01 to
7111.19, the commission may find, where agreeable to all parties affected in any way
8thereby, an industry, trade or business comprising more than one employer in an
9association in any geographical area to be a "collective bargaining unit". A collective
10bargaining unit thus established by the commission shall be subject to all rights by
11termination or modification given by ss. 111.01 to 111.19 in reference to collective
12bargaining units otherwise established under ss. 111.01 to 111.19. Two or more
13collective bargaining units may bargain collectively through the same
14representative where a majority of the employees in each separate unit have voted
15by secret ballot as provided in s. 111.05 (2) so to do.
SB558,86
16Section
86. 111.02 (6) (am) of the statutes is created to read:
SB558,41,2017
111.02
(6) (am) "Employee" includes a child care provider certified under s.
1848.651 and a child care provider licensed under s. 48.65 who provides care and
19supervision for not more than 8 children who are not related to the child care
20provider.
SB558,87
21Section
87. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.)
22and amended to read:
SB558,41,2423
111.02
(7) (a) (intro.) "Employer" means a person who engages the services of
24an employee, and includes
a all of the following:
SB558,42,2
11. A person acting on behalf of an employer within the scope of his or her
2authority, express or implied.
SB558,88
3Section
88. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:
SB558,42,44
111.02
(7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.
SB558,42,55
3. A local cultural arts district created under subch. V of ch. 229.
SB558,42,86
4. With respect to an employee under sub. (6) (am), the state, counties, and
7other administrative entities involved in regulation and subsidization of employees
8under sub. (6) (am).
SB558,89
9Section
89. 111.02 (7) (b) 1. of the statutes is amended to read:
SB558,42,1110
111.02
(7) (b) 1.
The Except as provided in par. (a) 4., the state or any political
11subdivision thereof.
SB558,90
12Section
90. 111.02 (7m), (9m) and (10m) of the statutes are created to read:
SB558,42,1913
111.02
(7m) "Fair-share agreement" means an agreement between the
14University of Wisconsin Hospitals and Clinics Authority and a labor organization
15representing employees of that authority, or between an employer defined under sub.
16(7) (a) 4. and a labor organization representing employees under sub. (6) (am), under
17which all of the employees in a collective bargaining unit are required to pay their
18proportionate share of the cost of the collective bargaining process and contract
19administration measured by the amount of dues uniformly required of all members.
SB558,42,20
20(9m) "Maintenance of membership agreement" means any of the following:
SB558,43,221
(a) An agreement between the University of Wisconsin Hospitals and Clinics
22Authority and a labor organization representing employees of that authority that
23requires that all of the employees whose dues are being deducted from earnings
24under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect continue
25to have dues deducted for the duration of the agreement and that dues be deducted
1from the earnings of all employees who are hired on or after the effective date of the
2agreement.
SB558,43,83
(b) An agreement between an employer under sub. (7) (a) 4. and a labor
4organization representing employees under sub. (6) (am) that requires that all of the
5employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at the
6time the agreement takes effect continue to have dues deducted for the duration of
7the agreement and that dues be deducted from the earnings of all employees who are
8hired on or after the effective date of the agreement.
SB558,43,14
9(10m) "Referendum" means a proceeding conducted by the commission in
10which employees of the University of Wisconsin Hospitals and Clinics Authority in
11a collective bargaining unit or in which employees under sub. (6) (am) in a collective
12bargaining unit may cast a secret ballot on the question of directing the labor
13organization and the employer to enter into a fair-share or maintenance of
14membership agreement or to terminate such an agreement.
SB558,91
15Section
91. 111.05 (2) of the statutes is amended to read:
SB558,43,2116
111.05
(2) Whenever Except as provided in subs. (5) and (7), whenever a
17question arises concerning the determination of a collective bargaining unit, it shall
18be determined by secret ballot, and the commission, upon request, shall cause the
19ballot to be taken in such manner as to show separately the wishes of the employees
20in any craft, division, department or plant as to the determination of the collective
21bargaining unit.
SB558,92
22Section
92. 111.05 (5) of the statutes is created to read:
SB558,43,2523
111.05
(5) (a) Collective bargaining units for representation of the employees
24of the University of Wisconsin Hospitals and Clinics Authority shall include one unit
25for employees engaged in each of the following functions:
SB558,44,1
11. Fiscal and staff services.
SB558,44,22
2. Patient care.
SB558,44,44
4. Clerical and related.
SB558,44,55
5. Blue collar and nonbuilding trades.
SB558,44,66
6. Building trades crafts.
SB558,44,77
7. Security and public safety.
SB558,44,88
8. Technical.
SB558,44,179
(b) Collective bargaining units for representation of the employees of the
10University of Wisconsin Hospitals and Clinics Authority who are engaged in a
11function not specified in par. (a) shall be determined in the manner provided in this
12section. The creation of any collective bargaining unit for the employees is subject
13to approval of the commission. The commission may not permit fragmentation of the
14collective bargaining units or creation of any collective bargaining unit that is too
15small to provide adequate representation of employees. In approving the collective
16bargaining units, the commission shall give primary consideration to the authority's
17needs to fulfill its statutory missions.
SB558,93
18Section
93. 111.05 (6) of the statutes is created to read:
SB558,45,319
111.05
(6) If a single representative is recognized or certified to represent more
20than one of the collective bargaining units specified in sub. (5), that representative
21and the employer may jointly agree to combine the collective bargaining units,
22subject to the right of the employees in any of the collective bargaining units that
23were combined to petition for an election under sub. (3). Any agreement under this
24subsection is effective when the parties provide written notice of the agreement to
25the commission and terminates when the party provides written notice of
1termination to the commission or when the representative entering into the
2agreement is decertified as representative of one of the combined collective
3bargaining units, whichever occurs first.
SB558,94
4Section
94. 111.05 (7) of the statutes is created to read:
SB558,45,65
111.05
(7) Employees under s. 111.02 (6) (am) shall comprise a single collective
6bargaining unit.
SB558,95
7Section
95. 111.06 (1) (c) 1. of the statutes is amended to read:
SB558,46,118
111.06
(1) (c) 1. To encourage or discourage membership in any labor
9organization, employee agency, committee, association
, or representation plan by
10discrimination in regard to hiring, tenure
, or other terms or conditions of
11employment except in a collective bargaining unit where an all-union
, fair-share,
12or maintenance of membership agreement is in effect.
An employer may enter into
13an all-union agreement with the voluntarily recognized representative of the
14employees in a collective bargaining unit, where at least a majority of such employees
15voting have voted affirmatively, by secret ballot, in favor of the all-union agreement
16in a referendum conducted by the commission, except that where the bargaining
17representative has been certified by either the commission or the national labor
18relations board as the result of a representation election, no referendum is required
19to authorize the entry into an all-union agreement. An authorization of an all-union
20agreement continues, subject to the right of either party to the all-union agreement
21to petition the commission to conduct a new referendum on the subject. Upon receipt
22of the petition, if the commission determines there is reasonable ground to believe
23that the employees concerned have changed their attitude toward the all-union
24agreement, the commission shall conduct a referendum. If the continuance of the
25all-union agreement is supported on a referendum by a vote at least equal to that
1provided in this subdivision for its initial authorization, it may continue, subject to
2the right to petition for a further vote by the procedure under this subdivision. If the
3continuance of the all-union agreement is not supported on a referendum, it
4terminates at the expiration of the contract of which it is then a part or at the end
5of one year from the date of the announcement by the commission of the result of the
6referendum, whichever is earlier. The commission shall declare any all-union
7agreement terminated whenever it finds that the labor organization involved has
8unreasonably refused to receive as a member any employee of such employer. An
9interested person may, as provided in s. 111.07, request the commission to perform
10this duty. Any all-union agreement in effect on October 4, 1975, made in accordance
11with the law in effect at the time it is made is valid.
SB558,96
12Section
96. 111.06 (1) (d) of the statutes is amended to read:
SB558,46,2013
111.06
(1) (d) To refuse to bargain collectively with the representative of a
14majority of the employer's employees in any collective bargaining unit with respect
15to representation or terms and conditions of employment,
except as provided under
16ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with
17the commission a petition requesting a determination as to majority representation,
18the employer
shall not be deemed to have has not refused to bargain until an election
19has been held and the
commission has certified the result
thereof has been certified 20to the employer
by the commission.
SB558,97
21Section
97. 111.06 (1) (i) of the statutes is amended to read:
SB558,47,322
111.06
(1) (i) To deduct labor organization dues or assessments from an
23employee's earnings, unless the employer has been presented with an individual
24order
therefor, signed by the employee personally, and terminable at the end of any
25year of its life by the employee giving at least thirty days' written notice of
such the
1termination unless there is an all-union
fair-share, or maintenance of membership 2agreement in effect. The employer shall give notice to the labor organization of
3receipt of
such a notice of termination.
SB558,98
4Section
98. 111.06 (1) (m) of the statutes is created to read:
SB558,47,65
111.06
(1) (m) To fail to give the notice of intention to engage in a lockout
6provided in s. 111.115 (2).
SB558,99
7Section
99. 111.06 (2) (i) of the statutes is amended to read:
SB558,47,98
111.06
(2) (i) To fail to give the notice of intention to engage in a strike provided
9in s. 111.115
(2) or (3).
SB558,100
10Section
100. 111.075 of the statutes is created to read:
SB558,47,18
11111.075 Fair-share and maintenance of membership agreements. (1)
12(a) No fair-share or maintenance of membership agreement is effective unless
13authorized by a referendum. The commission shall order a referendum whenever it
14receives a petition supported by proof that at least 30 percent of the employees in a
15collective bargaining unit desire that a fair-share or maintenance of membership
16agreement be entered into between the employer and a labor organization. If the
17petition requests a referendum on a maintenance of membership agreement only, the
18ballot shall be limited to that question.
SB558,47,2519
(b) For a fair-share agreement to be authorized, at least two-thirds of the
20eligible employees voting in a referendum must vote for the agreement. For a
21maintenance of membership agreement to be authorized, at least a majority of the
22eligible employees voting in a referendum must vote for the agreement. In a
23referendum on a fair-share agreement, if less than two-thirds but more than
24one-half of the eligible employees vote for the agreement, a maintenance of
25membership agreement is authorized.
SB558,48,14
1(c) If a fair-share or maintenance of membership agreement is authorized
2under par. (b), the employer shall enter into a fair-share or maintenance of
3membership agreement with the labor organization named on the ballot in the
4referendum. Each fair-share or maintenance of membership agreement must
5require the employer to deduct the amount of dues as certified by the labor
6organization from the earnings of the employees affected by the agreement and to
7pay the amount deducted to the labor organization. Unless the parties agree to an
8earlier date, the agreement takes effect 60 days after certification by the commission
9that the referendum vote authorized the agreement. The employer shall be held
10harmless against any claims, demands, suits, and other forms of liability made by
11employees or local labor organizations which may arise for actions the employer
12takes in compliance with this section. All lawful claims, demands, suits, and other
13forms of liability are the responsibility of the labor organization entering into the
14agreement.
SB558,48,1915
(d) Under each fair-share or maintenance of membership agreement, an
16employee who has religious convictions against dues payments to a labor
17organization may request the labor organization to pay his or her dues to a charity
18mutually agreed upon by the employee and the labor organization. Any dispute
19under this paragraph may be submitted to the commission for adjudication.
SB558,49,8
20(2) (a) Once authorized, a fair-share or maintenance of membership
21agreement continues, subject to the right of the employer or labor organization
22concerned to petition the commission to conduct a new referendum. If the
23commission receives a petition and finds that at least 30 percent of the employees in
24the collective bargaining unit want to discontinue the fair-share or maintenance of
25membership agreement, the commission shall conduct a new referendum. If the
1continuance of the fair-share or maintenance of membership agreement is approved
2in the referendum by at least the percentage of eligible voting employees required
3for its initial authorization, it shall continue, subject to the right of the employer or
4labor organization to later initiate a further vote following the procedure prescribed
5in this subsection. If the continuation of the agreement is not supported in any
6referendum, it terminates at the expiration of the collective bargaining agreement,
7or one year from the date of the certification of the result of the referendum,
8whichever is earlier.
SB558,49,169
(b) The commission shall suspend any fair-share or maintenance of
10membership agreement upon such conditions and for such time as the commission
11decides whenever it finds that the labor organization involved has refused on the
12basis of race, color, sexual orientation, or creed to receive as a member any employee
13in the collective bargaining unit involved, and the agreement shall be subject to the
14findings and orders of the commission. Any of the parties to the agreement, or any
15employee covered thereby, may come before the commission, as provided in s. 111.07,
16and petition the commission to make such a finding.
SB558,49,19
17(3) A stipulation for a referendum executed by an employer and a labor
18organization may not be filed until after the representation election has been held
19and the results certified.
SB558,49,22
20(4) The commission may, under rules adopted for that purpose, appoint as its
21agent an official of the University of Wisconsin Hospitals and Clinics Authority to
22conduct the referenda provided for in this section.
SB558,49,24
23(5) This section applies only in collective bargaining units comprised of
24employees of the University of Wisconsin Hospitals and Clinics Authority.
SB558,101
25Section
101. 111.115 (title) of the statutes is amended to read:
SB558,50,1
1111.115 (title)
Notice of certain proposed lockouts or strikes.
SB558,102
2Section
102. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and
3amended to read:
SB558,50,44
111.115
(1) (intro.) In this
section, "strike" subsection:
SB558,50,8
5(b) "Strike" includes any concerted stoppage of work by employees,
and any
6concerted slowdown or other concerted interruption of operations or services by
7employees, or any concerted refusal of employees to work or perform their usual
8duties as employees, for the purpose of enforcing demands upon an employer.
SB558,103
9Section
103. 111.115 (1) (a) of the statutes is created to read:
SB558,50,1510
111.115
(1) (a) "Lockout" means the barring of any employee from employment
11in an establishment by an employer as a part of a labor dispute, which is not directly
12subsequent to a strike or other job action of a labor organization or group of
13employees of the employer, or which continues or occurs after the termination of a
14strike or other job action of a labor organization or group of employees of the
15employer.
SB558,104
16Section
104. 111.115 (2) of the statutes is created to read:
SB558,50,2417
111.115
(2) If no collective bargaining agreement is in effect between the
18University of Wisconsin Hospitals and Clinics Authority and the recognized or
19certified representative of employees of that authority in a collective bargaining unit,
20the employer may not engage in a lockout affecting employees in that collective
21bargaining unit without first giving 10 days' written notice to the representative of
22its intention to engage in a lockout, and the representative may not engage in a strike
23without first giving 10 days' written notice to the employer of its intention to engage
24in a strike.
SB558,105
1Section
105. 111.17 of the statutes is renumbered 111.17 (intro.) and amended
2to read:
SB558,51,5
3111.17 Conflict of provisions; effect. (intro.) Wherever the application of
4the provisions of other statutes or laws conflict with the application of the provisions
5of this subchapter, this subchapter shall prevail, except
that in for the following:
SB558,51,7
6(1) In any situation
where in which the provisions of this subchapter cannot
7be validly enforced the provisions of such other statutes or laws
shall apply.
SB558,106
8Section
106. 111.17 (2) of the statutes is created to read:
SB558,51,199
111.17
(2) All fringe benefits authorized or required to be provided by the
10University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
1140 are governed exclusively by ch. 40, except that if any provision of ch. 40 specifically
12permits a collective bargaining agreement under this subchapter to govern the
13eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or
14provides that the eligibility for or the application, cost, or terms of a fringe benefit
15under ch. 40 is governed by a collective bargaining agreement under this subchapter,
16such a provision in a collective bargaining agreement supersedes any provision of ch.
1740 with respect to the employees to whom the agreement applies. The employer is
18prohibited from engaging in collective bargaining concerning any matter governed
19exclusively by ch. 40 under this subsection.
SB558,107
20Section
107. 111.70 (1) (a) of the statutes is amended to read:
SB558,52,1021
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
22obligation of a municipal employer, through its officers and agents, and the
23representative of its municipal employees in a collective bargaining unit, to meet and
24confer at reasonable times, in good faith, with the intention of reaching an
25agreement, or to resolve questions arising under such an agreement, with respect to
1wages, hours, and conditions of employment
for public safety employees or transit
2employees and with respect to wages for general municipal employees, and with
3respect to a requirement of the municipal employer for a municipal employee to
4perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
5(2e)
and for a school district with respect to any matter under sub. (4) (n), except as
6provided in
sub. subs. (3m), (3p), and (4)
(mb) (m) and (mc) and s. 40.81 (3) and except
7that a municipal employer shall not meet and confer with respect to any proposal to
8diminish or abridge the rights guaranteed to any
public safety municipal employees
9under ch. 164. Collective bargaining includes the reduction of any agreement
10reached to a written and signed document.
SB558,108
11Section
108. 111.70 (1) (cm) of the statutes is repealed.
SB558,109
12Section
109. 111.70 (1) (f) of the statutes is amended to read:
SB558,52,1813
111.70
(1) (f) "Fair-share agreement" means an agreement between a
14municipal employer and a labor organization
that represents public safety
15employees or transit employees under which all or any of the
public safety municipal 16employees
or transit employees in the collective bargaining unit are required to pay
17their proportionate share of the cost of the collective bargaining process and contract
18administration measured by the amount of dues uniformly required of all members.
SB558,110
19Section
110. 111.70 (1) (fm) of the statutes is repealed.