AB900,210
3Section
210. 111.91 (2) (fm) of the statutes is amended to read:
AB900,88,94
111.91
(2) (fm)
If Except if the collective bargaining unit contains a public
5safety employee initially employed
on or after before July 1, 2011, the requirement
6under s. 40.05 (1) (b) that the employer may not pay, on behalf of that
public safety 7employee, any employee required contributions or the employee share of required
8contributions and the impact of this requirement on the wages, hours, and conditions
9of employment of that
public safety employee.
AB900,211
10Section
211. 111.91 (2) (fp) of the statutes is created to read:
AB900,88,1611
111.91
(2) (fp) Except if the collective bargaining unit contains a public safety
12employee, all costs and payments associated with health care coverage plans, except
13for the employee premium contribution, and the design and selection of health care
14coverage plans by the employer, and the impact of such costs and payments and the
15design and selection of the health care coverage plans on the wages, hours, and
16conditions of employment of the employees.
AB900,212
17Section
212. 111.91 (2) (gu) of the statutes is amended to read:
AB900,88,2218
111.91
(2) (gu) The right of
a public safety employee, who is an employee, as
19defined in s. 103.88 (1) (d),
and who is a fire fighter, emergency medical technician,
20first responder, or ambulance driver for a volunteer fire department or fire company,
21a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined
22in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).
AB900,213
23Section
213. 111.91 (2c) of the statutes is created to read:
AB900,89,3
1111.91
(2c) In addition to the prohibited subjects under sub. (2), the employer
2is prohibited from bargaining with a collective bargaining unit formed under s.
3111.825 (2g) on any of the following:
AB900,89,44
(a) Policies.
AB900,89,55
(b) Work rules.
AB900,89,66
(c) Hours of employment.
AB900,89,77
(d) Any right of the consumer under s. 111.905.
AB900,214
8Section
214. 111.91 (3) of the statutes is repealed.
AB900,215
9Section
215. 111.91 (3q) of the statutes is repealed.
AB900,89,1812
111.92
(1) (a) 1. Any tentative agreement reached between the division
, or, as
13provided in s. 111.815 (1), the department of health services acting for the state, and
14any labor organization representing a collective bargaining unit specified in s.
15111.825 (1)
or, (2) (d) or (e)
, or (2g) shall, after official ratification by the labor
16organization, be submitted by the division
or department of health services to the
17joint committee on employment relations, which shall hold a public hearing before
18determining its approval or disapproval.
AB900,217
19Section
217. 111.92 (2m) of the statutes is created to read:
AB900,89,2120
111.92
(2m) A collective bargaining agreement entered into by a collective
21bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2017.
AB900,218
22Section
218. 111.92 (3) (a) of the statutes is renumbered 111.92 (3) and
23amended to read:
AB900,89,2524
111.92
(3) Agreements
covering a collective bargaining unit specified under s.
25111.825 (1) (g) shall coincide with the fiscal year or biennium.
AB900,219
1Section
219. 111.92 (3) (b) of the statutes is repealed.
AB900,220
2Section
220. 111.93 (3) (intro.) and (a) of the statutes, as affected by
2011
3Wisconsin Act 32, are consolidated, renumbered 111.93 (3) and amended to read:
AB900,90,134
111.93
(3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm),
5230.35 (2d) and (3) (e) 6., and 230.88 (2) (b),
all of the following apply: (a) If if a
6collective bargaining agreement exists between the employer and a labor
7organization representing employees in a collective bargaining unit
under s. 111.825
8(1) (g), the provisions of that agreement shall supersede the provisions of civil service
9and other applicable statutes, as well as rules and policies of the University of
10Wisconsin-Madison and the board of regents of the University of Wisconsin System,
11related to wages, fringe benefits, hours, and conditions of employment whether or
12not the matters contained in those statutes, rules, and policies are set forth in the
13collective bargaining agreement.
AB900,222
16Section
222. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is
17created to read:
AB900,90,1818
CHAPTER 111
AB900,90,1919
SUBCHAPTER VI
AB900,90,2220
UNIVERSITY OF WISCONSIN SYSTEM
21
FACULTY AND ACADEMIC STAFF
22
LABOR RELATIONS
AB900,91,2
23111.95 Declaration of policy. The public policy of the state as to labor
24relations and collective bargaining involving faculty and academic staff at the
1University of Wisconsin System, in furtherance of which this subchapter is enacted,
2is as follows:
AB900,91,5
3(1) The people of the state of Wisconsin have a fundamental interest in
4developing harmonious and cooperative labor relations within the University of
5Wisconsin System.
AB900,91,9
6(2) It recognizes that there are 3 major interests involved: that of the public,
7that of the employee, and that of the employer. These 3 interests are to a considerable
8extent interrelated. It is the policy of this state to protect and promote each of these
9interests with due regard to the rights of the others.
AB900,91,10
10111.96 Definitions. In this subchapter:
AB900,91,13
11(1) "Academic staff" means academic staff under s. 36.15, but does not include
12any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is
13appointed to a visiting faculty position.
AB900,91,14
14(2) "Board" means the Board of Regents of the University of Wisconsin System.
AB900,91,22
15(3) "Collective bargaining" means the performance of the mutual obligation of
16the state as an employer, by its officers and agents, and the representatives of its
17employees, to meet and confer at reasonable times, in good faith, with respect to the
18subjects of bargaining provided in s. 111.998 with the intention of reaching an
19agreement, or to resolve questions arising under such an agreement. The duty to
20bargain, however, does not compel either party to agree to a proposal or require the
21making of a concession. Collective bargaining includes the reduction of any
22agreement reached to a written and signed document.
AB900,91,23
23(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
AB900,91,24
24(5) "Commission" means the employment relations commission.
AB900,92,3
1(6) "Election" means a proceeding conducted by the commission in which the
2employees in a collective bargaining unit cast a secret ballot for collective bargaining
3representatives, or for any other purpose specified in this subchapter.
AB900,92,4
4(7) "Employee" includes:
AB900,92,75
(a) All faculty, including faculty who are supervisors or management
6employees, but not including faculty holding a limited appointment under s. 36.17
7or deans.
AB900,92,108
(b) All academic staff, except for supervisors, management employees, and
9individuals who are privy to confidential matters affecting the employer-employee
10relationship.
AB900,92,11
11(8) "Employer" means the state of Wisconsin.
AB900,92,13
12(9) "Faculty" means faculty under s. 36.13, except for an individual holding an
13appointment under s. 36.15.
AB900,92,18
14(10) "Fair-share agreement" means an agreement between the employer and
15a labor organization representing employees under which all of the employees in a
16collective bargaining unit are required to pay their proportionate share of the cost
17of the collective bargaining process and contract administration measured by the
18amount of dues uniformly required of all members.
AB900,92,19
19(11) "Institution" has the meaning given in s. 36.05 (9).
AB900,92,21
20(12) "Labor dispute" means any controversy with respect to the subjects of
21bargaining provided in this subchapter.
AB900,92,25
22(13) "Labor organization" means any employee organization whose purpose is
23to represent employees in collective bargaining with the employer, or its agents, on
24matters pertaining to terms and conditions of employment, but does not include any
25organization that does any of the following:
AB900,93,2
1(a) Advocates the overthrow of the constitutional form of government in the
2United States.
AB900,93,43
(b) Discriminates with regard to the terms or conditions of membership
4because of race, color, creed, sex, age, sexual orientation, or national origin.
AB900,93,11
5(14) "Maintenance of membership agreement" means an agreement between
6the employer and a labor organization representing employees that requires that all
7of the employees whose dues are being deducted from earnings under s. 20.921 (1)
8or 111.992 (1) (c) at or after the time the agreement takes effect continue to have dues
9deducted for the duration of the agreement and that dues be deducted from the
10earnings of all employees who are hired on or after the effective date of the
11agreement.
AB900,93,13
12(15) "Management employees" includes those personnel engaged
13predominately in executive and managerial functions.
AB900,93,15
14(16) "Office" means the office of state employment relations in the department
15of administration.
AB900,93,20
16(17) "Referendum" means a proceeding conducted by the commission in which
17employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
18may cast a secret ballot on the question of directing the labor organization and the
19employer to enter into a fair-share agreement or to terminate a fair-share
20agreement.
AB900,93,22
21(18) "Representative" includes any person chosen by an employee to represent
22the employee.
AB900,94,2
23(19) "Strike" includes any strike or other concerted stoppage of work by
24employees, any concerted slowdown or other concerted interruption of operations or
1services by employees, or any concerted refusal to work or perform their usual duties
2as employees of the state.
AB900,94,8
3(20) "Supervisor" means any individual whose principal work is different from
4that of the individual's subordinates and who has authority, in the interest of the
5employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
6reward, or discipline employees, or to adjust their grievances, or to authoritatively
7recommend such action, if the individual's exercise of such authority is not of a
8merely routine or clerical nature, but requires the use of independent judgment.
AB900,94,10
9(21) "Unfair labor practice" means any unfair labor practice specified in s.
10111.991.
AB900,94,19
11111.965 Duties of the state. (1) (a) In the furtherance of this subchapter, the
12state shall be considered as a single employer. With respect to a collective bargaining
13unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall negotiate and
14administer collective bargaining agreements. To coordinate the employer position
15in the negotiation of agreements, the board shall maintain close liaison with the
16office relative to the negotiation of agreements and the fiscal ramifications of those
17agreements. The board shall coordinate its collective bargaining activities with the
18office. The legislative branch shall act upon those portions of tentative agreements
19negotiated by the board that require legislative action.
AB900,94,2320
(b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to
21(i) or (jk) to (r), the board shall establish a collective bargaining capacity and shall
22represent the state in its responsibility as an employer under this subchapter. The
23board shall coordinate its actions with the director of the office.
AB900,95,7
24(2m) (a) With respect to a collective bargaining unit specified in s. 111.98 (1)
25(a) or (j), the University of Wisconsin-Madison shall negotiate and administer
1collective bargaining agreements. To coordinate the employer position in the
2negotiation of agreements, the University of Wisconsin-Madison shall maintain
3close liaison with the office relative to the negotiation of agreements and the fiscal
4ramifications of those agreements. The University of Wisconsin-Madison shall
5coordinate its collective bargaining activities with the office. The legislative branch
6shall act upon those portions of tentative agreements negotiated by the University
7of Wisconsin-Madison that require legislative action.
AB900,95,128
(b) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or
9(j), the University of Wisconsin-Madison shall establish a collective bargaining
10capacity and shall represent the state in its responsibility as an employer under this
11subchapter. The University of Wisconsin-Madison shall coordinate its actions with
12the director of the office.
AB900,95,17
13111.97 Rights of employees. Employees have the right of self-organization
14and the right to form, join, or assist labor organizations, to bargain collectively
15through representatives of their own choosing under this subchapter, and to engage
16in lawful, concerted activities for the purpose of collective bargaining or other mutual
17aid or protection. Employees also have the right to refrain from any such activities.
AB900,95,20
18111.98 Collective bargaining units.
(1) Collective bargaining units for
19faculty and staff are structured with a collective bargaining unit for each of the
20following groups:
AB900,95,2121
(a) Faculty of the University of Wisconsin-Madison.
AB900,95,2222
(b) Faculty of the University of Wisconsin-Milwaukee.
AB900,95,2323
(c) Faculty of the University of Wisconsin-Extension.
AB900,95,2424
(cm) Faculty of the University of Wisconsin-Eau Claire.
AB900,95,2525
(d) Faculty of the University of Wisconsin-Green Bay.
AB900,96,1
1(dm) Faculty of the University of Wisconsin-La Crosse.
AB900,96,22
(e) Faculty of the University of Wisconsin-Oshkosh.
AB900,96,33
(em) Faculty of the University of Wisconsin-Parkside.
AB900,96,44
(f) Faculty of the University of Wisconsin-Platteville.
AB900,96,55
(fm) Faculty of the University of Wisconsin-River Falls.
AB900,96,66
(g) Faculty of the University of Wisconsin-Stevens Point.
AB900,96,77
(gm) Faculty of the University of Wisconsin-Stout.
AB900,96,88
(h) Faculty of the University of Wisconsin-Superior.
AB900,96,99
(hm) Faculty of the University of Wisconsin-Whitewater.
AB900,96,1010
(i) Faculty of the University of Wisconsin Colleges.
AB900,96,1111
(j) Academic staff of the University of Wisconsin-Madison.
AB900,96,1312
(jk) Academic staff employed at the University of Wisconsin System
13administration.
AB900,96,1414
(jm) Academic staff of the University of Wisconsin-Milwaukee.
AB900,96,1515
(k) Academic staff of the University of Wisconsin-Extension.
AB900,96,1616
(km) Academic staff of the University of Wisconsin-Eau Claire.
AB900,96,1717
(L) Academic staff of the University of Wisconsin-Green Bay.
AB900,96,1818
(Lm) Academic staff of the University of Wisconsin-La Crosse.
AB900,96,1919
(n) Academic staff of the University of Wisconsin-Oshkosh.
AB900,96,2020
(nm) Academic staff of the University of Wisconsin-Parkside.
AB900,96,2121
(o) Academic staff of the University of Wisconsin-Platteville.
AB900,96,2222
(om) Academic staff of the University of Wisconsin-River Falls.