AB900,40,88
111.02
(7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.
AB900,40,99
3. A local cultural arts district created under subch. V of ch. 229.
AB900,40,1210
4. With respect to an employee under sub. (6) (am), the state, counties, and
11other administrative entities involved in regulation and subsidization of employees
12under sub. (6) (am).
AB900,87
13Section
87. 111.02 (7) (b) 1. of the statutes is amended to read:
AB900,40,1514
111.02
(7) (b) 1.
The Except as provided in par. (a) 4., the state or any political
15subdivision thereof.
AB900,88
16Section
88. 111.05 (2) of the statutes is amended to read:
AB900,40,2217
111.05
(2) Whenever Except as provided in subs. (5) and (7), whenever a
18question arises concerning the determination of a collective bargaining unit, it shall
19be determined by secret ballot, and the commission, upon request, shall cause the
20ballot to be taken in such manner as to show separately the wishes of the employees
21in any craft, division, department or plant as to the determination of the collective
22bargaining unit.
AB900,89
23Section
89. 111.05 (5) of the statutes is created to read:
AB900,41,3
1111.05
(5) (a) Collective bargaining units for representation of the employees
2of the University of Wisconsin Hospitals and Clinics Authority shall include one unit
3for employees engaged in each of the following functions:
AB900,41,44
1. Fiscal and staff services.
AB900,41,55
2. Patient care.
AB900,41,77
4. Clerical and related.
AB900,41,88
5. Blue collar and nonbuilding trades.
AB900,41,99
6. Building trades crafts.
AB900,41,1010
7. Security and public safety.
AB900,41,1111
8. Technical.
AB900,41,2012
(b) Collective bargaining units for representation of the employees of the
13University of Wisconsin Hospitals and Clinics Authority who are engaged in a
14function not specified in par. (a) shall be determined in the manner provided in this
15section. The creation of any collective bargaining unit for the employees is subject
16to approval of the commission. The commission may not permit fragmentation of the
17collective bargaining units or creation of any collective bargaining unit that is too
18small to provide adequate representation of employees. In approving the collective
19bargaining units, the commission shall give primary consideration to the authority's
20needs to fulfill its statutory missions.
AB900,90
21Section
90. 111.05 (6) of the statutes is created to read:
AB900,42,622
111.05
(6) If a single representative is recognized or certified to represent more
23than one of the collective bargaining units specified in sub. (5), that representative
24and the employer may jointly agree to combine the collective bargaining units,
25subject to the right of the employees in any of the collective bargaining units that
1were combined to petition for an election under sub. (3). Any agreement under this
2subsection is effective when the parties provide written notice of the agreement to
3the commission and terminates when the party provides written notice of
4termination to the commission or when the representative entering into the
5agreement is decertified as representative of one of the combined collective
6bargaining units, whichever occurs first.
AB900,91
7Section
91. 111.05 (7) of the statutes is created to read:
AB900,42,98
111.05
(7) Employees under s. 111.02 (6) (am) shall comprise a single collective
9bargaining unit.
AB900,92
10Section
92. 111.06 (1) (d) of the statutes is amended to read:
AB900,42,1811
111.06
(1) (d) To refuse to bargain collectively with the representative of a
12majority of the employer's employees in any collective bargaining unit with respect
13to representation or terms and conditions of employment,
except as provided under
14ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with
15the commission a petition requesting a determination as to majority representation,
16the employer
shall not be deemed to have has not refused to bargain until an election
17has been held and the
commission has certified the result
thereof has been certified 18to the employer
by the commission.
AB900,93
19Section
93. 111.06 (1) (m) of the statutes is created to read:
AB900,42,2120
111.06
(1) (m) To fail to give the notice of intention to engage in a lockout
21provided in s. 111.115 (2).
AB900,94
22Section
94. 111.06 (2) (i) of the statutes is amended to read:
AB900,42,2423
111.06
(2) (i) To fail to give the notice of intention to engage in a strike provided
24in s. 111.115
(2) or (3).
AB900,95
25Section
95. 111.115 (title) of the statutes is amended to read:
AB900,43,1
1111.115 (title)
Notice of certain proposed lockouts or strikes.
AB900,96
2Section
96. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and
3amended to read:
AB900,43,44
111.115
(1) (intro.) In this
section, "strike" subsection:
AB900,43,8
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.
AB900,97
9Section
97. 111.115 (1) (a) of the statutes is created to read:
AB900,43,1510
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.
AB900,98
16Section
98. 111.115 (2) of the statutes is created to read:
AB900,43,2417
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.
AB900,99
1Section
99. 111.17 of the statutes is renumbered 111.17 (intro.) and amended
2to read:
AB900,44,5
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:
AB900,44,7
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.
AB900,100
8Section
100. 111.17 (2) of the statutes is created to read:
AB900,44,199
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.
AB900,101
20Section
101. 111.70 (1) (a) of the statutes is amended to read:
AB900,45,1021
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.
AB900,102
11Section
102. 111.70 (1) (cm) of the statutes is repealed.
AB900,103
12Section
103. 111.70 (1) (f) of the statutes is amended to read:
AB900,45,1813
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.
AB900,104
19Section
104. 111.70 (1) (fm) of the statutes is repealed.
AB900,105
20Section
105. 111.70 (1) (j) of the statutes is amended to read:
AB900,46,221
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
22metropolitan sewerage district, school district, long-term care district,
local cultural
23arts district created under subch. V of ch. 229, or any other political subdivision of
24the state, or instrumentality of one or more political subdivisions of the state, that
25engages the services of an employee and includes any person acting on behalf of a
1municipal employer within the scope of the person's authority, express or implied
,
2but does not include a local cultural arts district created under subch. V of ch. 229.
AB900,106
3Section
106. 111.70 (1) (n) of the statutes is amended to read:
AB900,46,74
111.70
(1) (n) "Referendum" means a proceeding conducted by the commission
5in which
public safety employees or transit municipal employees in a collective
6bargaining unit may cast a secret ballot on the question of authorizing a labor
7organization and the employer to continue a fair-share agreement.
AB900,107
8Section
107. 111.70 (1g) of the statutes is created to read:
AB900,46,169
111.70
(1g) Declaration of policy. (a) The public policy of the state as to labor
10disputes arising in municipal employment is to encourage voluntary settlement
11through the procedures of collective bargaining. Accordingly, it is in the public
12interest that municipal employees be given an opportunity to bargain collectively
13with the municipal employer through a labor organization or other representative
14of the employees' own choice. If such procedures fail, the parties should have
15available to them a fair, speedy, effective and, above all, peaceful procedure for
16settlement as provided in this subchapter.
AB900,46,2217
(b) In creating this subchapter the legislature recognizes that the municipal
18employer must exercise its powers and responsibilities to act for the government and
19good order of the jurisdiction which it serves, its commercial benefit and the health,
20safety, and welfare of the public to assure orderly operations and functions within its
21jurisdiction, subject to those rights secured to municipal employees by the
22constitutions of this state and of the United States and by this subchapter.
AB900,108
23Section
108. 111.70 (2) of the statutes is amended to read:
AB900,48,224
111.70
(2) Rights of municipal employees. Municipal employees have the right
25of self-organization, and the right to form, join, or assist labor organizations, to
1bargain collectively through representatives of their own choosing, and to engage in
2lawful, concerted activities for the purpose of collective bargaining or other mutual
3aid or protection. Municipal employees have the right to refrain from any and all
4such activities
. A general municipal employee has the right to refrain from paying
5dues while remaining a member of a collective bargaining unit. A public safety
6employee or a transit employee, however, except that an employee may be required
7to pay dues in the manner provided in a fair-share agreement; a fair-share
8agreement
covering a public safety employee or a transit employee must
contain a
9provision requiring require the municipal employer to deduct the amount of dues as
10certified by the labor organization from the earnings of the employee affected by the
11fair-share agreement and to pay the amount deducted to the labor organization. A
12fair-share agreement
covering a public safety employee or transit employee is
13subject to the right of the municipal employer or a labor organization to petition the
14commission to conduct a referendum. Such petition must be supported by proof that
15at least 30% of the employees in the collective bargaining unit desire that the
16fair-share agreement be terminated. Upon so finding, the commission shall conduct
17a referendum. If the continuation of the agreement is not supported by at least the
18majority of the eligible employees, it shall terminate. The commission shall
declare 19suspend any fair-share agreement
suspended upon such conditions and for such
20time as the commission decides whenever it finds that the labor organization
21involved has refused on the basis of race, color, sexual orientation, creed, or sex to
22receive as a member any
public safety employee or transit employee of the municipal
23employer in the bargaining unit involved, and such agreement is subject to this duty
24of the commission. Any of the parties to such agreement or any
public safety
1employee or transit municipal employee covered by the agreement may come before
2the commission, as provided in s. 111.07, and ask the performance of this duty.
AB900,109
3Section
109. 111.70 (3) (a) 3. of the statutes is amended to read:
AB900,48,74
111.70
(3) (a) 3. To encourage or discourage a membership in any labor
5organization by discrimination in regard to hiring, tenure, or other terms or
6conditions of employment; but the prohibition shall not apply to a fair-share
7agreement
that covers public safety employees or transit employees.
AB900,110
8Section
110. 111.70 (3) (a) 5. of the statutes is amended to read:
AB900,48,179
111.70
(3) (a) 5. To violate any collective bargaining agreement previously
10agreed upon by the parties with respect to wages, hours and conditions of
11employment affecting
public safety employees or transit municipal employees,
12including an agreement to arbitrate questions arising as to the meaning or
13application of the terms of a collective bargaining agreement or to accept the terms
14of such arbitration award, where previously the parties have agreed to accept such
15award as final and binding upon them
or to violate any collective bargaining
16agreement affecting general municipal employees, that was previously agreed upon
17by the parties with respect to wages.
AB900,111
18Section
111. 111.70 (3) (a) 6. of the statutes is amended to read:
AB900,48,2519
111.70
(3) (a) 6. To deduct labor organization dues from the earnings of a
public
20safety employee or a transit municipal employee, unless the municipal employer has
21been presented with an individual order therefor, signed by the employee personally,
22and terminable by at least the end of any year of its life or earlier by the
public safety
23employee or transit municipal employee giving at least 30 days' written notice of
such 24termination to the municipal employer and to the representative organization,
25except when a fair-share agreement is in effect.
AB900,112
1Section
112. 111.70 (3) (a) 7. of the statutes is created to read:
AB900,49,32
111.70
(3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
3lawfully made under sub. (4) (cm).
AB900,113
4Section
113. 111.70 (3) (a) 7m. of the statutes is repealed.
AB900,114
5Section
114. 111.70 (3) (a) 9. of the statutes is amended to read:
AB900,49,96
111.70
(3) (a) 9.
If the collective bargaining unit contains a public safety
7employee or transit employee, after After a collective bargaining agreement expires
8and before another collective bargaining agreement takes effect, to fail to follow any
9fair-share agreement in the expired collective bargaining agreement.
AB900,115
10Section
115. 111.70 (3) (b) 6. of the statutes is created to read:
AB900,49,1211
111.70
(3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
12lawfully made under sub. (4) (cm).
AB900,116
13Section
116. 111.70 (3) (b) 6m. of the statutes is repealed.
AB900,117
14Section
117. 111.70 (3g) of the statutes is repealed.
AB900,118
15Section
118. 111.70 (3m) of the statutes is created to read:
AB900,49,2116
111.70
(3m) Milwaukee County enrollment services unit. A collective
17bargaining agreement that covers municipal employees performing services for the
18Milwaukee County enrollment services unit under s. 49.825 must contain a provision
19that permits the terms of the agreement to be modified with respect to hours and
20conditions of employment by a memorandum of understanding under s. 49.825 (3)
21(b) 4.
AB900,119
22Section
119. 111.70 (3p) of the statutes is created to read:
AB900,50,223
111.70
(3p) Child care provider services unit. A collective bargaining
24agreement that covers municipal employees performing services for the child care
25provider services unit under s. 49.826 must contain a provision that permits the
1terms of the agreement to be modified with respect to hours and conditions of
2employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
AB900,120
3Section
120. 111.70 (4) (c) (title) of the statutes is amended to read:
AB900,50,54
111.70
(4) (c) (title)
Methods for peaceful settlement of disputes; public safety
5employees law enforcement and fire fighting personnel.
AB900,121
6Section
121. 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m.
7and amended to read:
AB900,50,138
111.70
(4) (c) 1m. `Mediation.' The commission may function as a mediator in
9labor disputes
involving a collective bargaining unit containing a public safety
10employee. Such mediation may be carried on by a person designated to act by the
11commission upon request of one or both of the parties or upon initiation of the
12commission. The function of the mediator is to encourage voluntary settlement by
13the parties but no mediator has the power of compulsion.
AB900,122
14Section
122. 111.70 (4) (c) 1g. of the statutes is created to read:
AB900,50,1615
111.70
(4) (c) 1g. `Applicability.' This paragraph applies only to municipal
16employees who are engaged in law enforcement or fire fighting functions.
AB900,123
17Section
123. 111.70 (4) (c) 2. of the statutes is amended to read:
AB900,50,2218
111.70
(4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
19or application of the terms of a written collective bargaining agreement
involving a
20collective bargaining unit containing a public safety employee may agree in writing
21to have the commission or any other appropriate agency serve as arbitrator or may
22designate any other competent, impartial and disinterested person to so serve.
AB900,124
23Section
124. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
AB900,51,624
111.70
(4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
25involving a collective bargaining unit containing a public safety employee has not
1been settled after a reasonable period of negotiation and after the settlement
2procedures, if any, established by the parties have been exhausted, and the parties
3are deadlocked with respect to any dispute between them arising in the collective
4bargaining process, either party, or the parties jointly, may petition the commission,
5in writing, to initiate fact-finding, and to make recommendations to resolve the
6deadlock, as follows:
AB900,125
7Section
125. 111.70 (4) (cg) of the statutes is repealed.
AB900,126
8Section
126. 111.70 (4) (cm) (title) of the statutes is amended to read:
AB900,51,109
111.70
(4) (cm) (title)
Methods for peaceful settlement of disputes; general
10municipal employees other personnel.