AB900: Bill Text

AB900,88 Section 88. 111.05 (2) of the statutes is amended to read:

AB900,40,22 111.05 (2) Whenever Except as provided in subs. (5) and (7), whenever a question arises concerning the determination of a collective bargaining unit, it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB900,89 Section 89. 111.05 (5) of the statutes is created to read:

AB900,41,3 111.05 (5) (a) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employees engaged in each of the following functions:

AB900,41,4 1. Fiscal and staff services.

AB900,41,5 2. Patient care.

AB900,41,6 3. Science.

AB900,41,7 4. Clerical and related.

AB900,41,8 5. Blue collar and nonbuilding trades.

AB900,41,9 6. Building trades crafts.

AB900,41,10 7. Security and public safety.

AB900,41,11 8. Technical.

AB900,41,20 (b) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for the employees is subject to approval of the commission. The commission may not permit fragmentation of the collective bargaining units or creation of any collective bargaining unit that is too small to provide adequate representation of employees. In approving the collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.

AB900,90 Section 90. 111.05 (6) of the statutes is created to read:

AB900,42,6 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employees in any of the collective bargaining units that were combined to petition for an election under sub. (3). Any agreement under this subsection is effective when the parties provide written notice of the agreement to the commission and terminates when the party provides written notice of termination to the commission or when the representative entering into the agreement is decertified as representative of one of the combined collective bargaining units, whichever occurs first.

AB900,91 Section 91. 111.05 (7) of the statutes is created to read:

AB900,42,9 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

AB900,92 Section 92. 111.06 (1) (d) of the statutes is amended to read:

AB900,42,18 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have has not refused to bargain until an election has been held and the commission has certified the result thereof has been certified to the employer by the commission.

AB900,93 Section 93. 111.06 (1) (m) of the statutes is created to read:

AB900,42,21 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB900,94 Section 94. 111.06 (2) (i) of the statutes is amended to read:

AB900,42,24 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB900,95 Section 95. 111.115 (title) of the statutes is amended to read:

AB900,43,1 111.115 (title) Notice of certain proposed lockouts or strikes.

AB900,96 Section 96. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and amended to read:

AB900,43,4 111.115 (1) (intro.) In this section, "strike" subsection:

AB900,43,8 (b) "Strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.

AB900,97 Section 97. 111.115 (1) (a) of the statutes is created to read:

AB900,43,15 111.115 (1) (a) "Lockout" means the barring of any employee from employment in an establishment by an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor organization or group of employees of the employer, or which continues or occurs after the termination of a strike or other job action of a labor organization or group of employees of the employer.

AB900,98 Section 98. 111.115 (2) of the statutes is created to read:

AB900,43,24 111.115 (2) If no collective bargaining agreement is in effect between the University of Wisconsin Hospitals and Clinics Authority and the recognized or certified representative of employees of that authority in a collective bargaining unit, the employer may not engage in a lockout affecting employees in that collective bargaining unit without first giving 10 days' written notice to the representative of its intention to engage in a lockout, and the representative may not engage in a strike without first giving 10 days' written notice to the employer of its intention to engage in a strike.

AB900,99 Section 99. 111.17 of the statutes is renumbered 111.17 (intro.) and amended to read:

AB900,44,5 111.17 Conflict of provisions; effect. (intro.) Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that in for the following:

AB900,44,7 (1) In any situation where in which the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB900,100 Section 100. 111.17 (2) of the statutes is created to read:

AB900,44,19 111.17 (2) All fringe benefits authorized or required to be provided by the University of Wisconsin Hospitals and Clinics Authority to its employees under ch. 40 are governed exclusively by ch. 40, except that if any provision of ch. 40 specifically permits a collective bargaining agreement under this subchapter to govern the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40 is governed by a collective bargaining agreement under this subchapter, such a provision in a collective bargaining agreement supersedes any provision of ch. 40 with respect to the employees to whom the agreement applies. The employer is prohibited from engaging in collective bargaining concerning any matter governed exclusively by ch. 40 under this subsection.

AB900,101 Section 101. 111.70 (1) (a) of the statutes is amended to read:

AB900,45,10 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or transit employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n), except as provided in sub. subs. (3m), (3p), and (4) (mb) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety municipal employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB900,102 Section 102. 111.70 (1) (cm) of the statutes is repealed.

AB900,103 Section 103. 111.70 (1) (f) of the statutes is amended to read:

AB900,45,18 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees or transit employees under which all or any of the public safety municipal employees or transit employees in the collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

AB900,104 Section 104. 111.70 (1) (fm) of the statutes is repealed.

AB900,105 Section 105. 111.70 (1) (j) of the statutes is amended to read:

AB900,46,2 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but does not include a local cultural arts district created under subch. V of ch. 229.

AB900,106 Section 106. 111.70 (1) (n) of the statutes is amended to read:

AB900,46,7 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission in which public safety employees or transit municipal employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement.

AB900,107 Section 107. 111.70 (1g) of the statutes is created to read:

AB900,46,16 111.70 (1g) Declaration of policy. (a) The public policy of the state as to labor disputes arising in municipal employment is to encourage voluntary settlement through the procedures of collective bargaining. Accordingly, it is in the public interest that municipal employees be given an opportunity to bargain collectively with the municipal employer through a labor organization or other representative of the employees' own choice. If such procedures fail, the parties should have available to them a fair, speedy, effective and, above all, peaceful procedure for settlement as provided in this subchapter.

AB900,46,22 (b) In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB900,108 Section 108. 111.70 (2) of the statutes is amended to read:

AB900,48,2 111.70 (2) Rights of municipal employees. Municipal employees have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, except that an employee may be required to pay dues in the manner provided in a fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring require the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30% of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare suspend any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed, or sex to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit municipal employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB900,109 Section 109. 111.70 (3) (a) 3. of the statutes is amended to read:

AB900,48,7 111.70 (3) (a) 3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement that covers public safety employees or transit employees.

AB900,110 Section 110. 111.70 (3) (a) 5. of the statutes is amended to read:

AB900,48,17 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting public safety employees or transit municipal employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB900,111 Section 111. 111.70 (3) (a) 6. of the statutes is amended to read:

AB900,48,25 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public safety employee or a transit municipal employee, unless the municipal employer has been presented with an individual order therefor, signed by the employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee or transit municipal employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except when a fair-share agreement is in effect.

AB900,112 Section 112. 111.70 (3) (a) 7. of the statutes is created to read:

AB900,49,3 111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).

AB900,113 Section 113. 111.70 (3) (a) 7m. of the statutes is repealed.

AB900,114 Section 114. 111.70 (3) (a) 9. of the statutes is amended to read:

AB900,49,9 111.70 (3) (a) 9. If the collective bargaining unit contains a public safety employee or transit employee, after After a collective bargaining agreement expires and before another collective bargaining agreement takes effect, to fail to follow any fair-share agreement in the expired collective bargaining agreement.

AB900,115 Section 115. 111.70 (3) (b) 6. of the statutes is created to read:

AB900,49,12 111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).

AB900,116 Section 116. 111.70 (3) (b) 6m. of the statutes is repealed.

AB900,117 Section 117. 111.70 (3g) of the statutes is repealed.

AB900,118 Section 118. 111.70 (3m) of the statutes is created to read:

AB900,49,21 111.70 (3m) Milwaukee County enrollment services unit. A collective bargaining agreement that covers municipal employees performing services for the Milwaukee County enrollment services unit under s. 49.825 must contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.825 (3) (b) 4.

AB900,119 Section 119. 111.70 (3p) of the statutes is created to read:

AB900,50,2 111.70 (3p) Child care provider services unit. A collective bargaining agreement that covers municipal employees performing services for the child care provider services unit under s. 49.826 must contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.826 (3) (b) 4.

AB900,120 Section 120. 111.70 (4) (c) (title) of the statutes is amended to read:

AB900,50,5 111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety employees law enforcement and fire fighting personnel.

AB900,121 Section 121. 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m. and amended to read:

AB900,50,13 111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in labor disputes involving a collective bargaining unit containing a public safety employee. Such mediation may be carried on by a person designated to act by the commission upon request of one or both of the parties or upon initiation of the commission. The function of the mediator is to encourage voluntary settlement by the parties but no mediator has the power of compulsion.

AB900,122 Section 122. 111.70 (4) (c) 1g. of the statutes is created to read:

AB900,50,16 111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal employees who are engaged in law enforcement or fire fighting functions.

AB900,123 Section 123. 111.70 (4) (c) 2. of the statutes is amended to read:

AB900,50,22 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a public safety employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial and disinterested person to so serve.

AB900,124 Section 124. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:

AB900,51,6 111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute involving a collective bargaining unit containing a public safety employee has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them arising in the collective bargaining process, either party, or the parties jointly, may petition the commission, in writing, to initiate fact-finding, and to make recommendations to resolve the deadlock, as follows:

AB900,125 Section 125. 111.70 (4) (cg) of the statutes is repealed.

AB900,126 Section 126. 111.70 (4) (cm) (title) of the statutes is amended to read:

AB900,51,10 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general municipal employees other personnel.

AB900,127 Section 127. 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm) 1m. and amended to read:

AB900,51,23 111.70 (4) (cm) 1m. `Notice of commencement of contract negotiations.' For the purpose of advising the commission of the commencement of contract negotiations involving a collective bargaining unit containing general municipal employees, whenever either party requests the other to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no such agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide such notice, the other party may so notify the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall set forth any additional information the commission may require on a form provided by the commission.

AB900,128 Section 128. 111.70 (4) (cm) 1g. of the statutes is created to read:

AB900,51,25 111.70 (4) (cm) 1g. `Application.'

AB900,52,1 a. Chapter 788 does not apply to arbitration proceedings under this paragraph.