Amendment SA2-AB748

AB748-SA2,49 Section 49. 230.25 (2) (b) of the statutes is amended to read:

AB748-SA2,51,9 230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the director, appointments shall be made by appointing authorities to all positions in the classified service from among those certified to them in accordance with this section. Appointments shall be made within 30 60 days after the date of certification unless an exception is made by the director. If an appointing authority does not make an appointment within 30 60 days after certification, he or she shall immediately report in writing to the director the reasons therefor. If the director determines that the failure to make an appointment is not justified under the merit system, the director shall issue an order directing that an appointment be made.

AB748-SA2,50 Section 50. 230.25 (3) (a) of the statutes is amended to read:

AB748-SA2,51,16 230.25 (3) (a) Subject to par. (b), the term of eligibility on original entrance and promotional registers is 6 months and thereafter the register expires but may be reactivated by the administrator for up to 3 years from the date of the establishment of the register. Except as provided in ss. 230.28 and 230.34, the eligibility of individuals for reinstatement is 5 years and the eligibility of individuals for restoration is 3 years.

AB748-SA2,51 Section 51. 230.26 (2) of the statutes is amended to read:

AB748-SA2,52,4 230.26 (2) If there are urgent reasons for filling a vacancy in any position in the classified service and the director is unable to certify to the appointing authority, upon requisition by the latter, a list of persons eligible for appointment from an appropriate employment register, the appointing authority may nominate a person to the director for noncompetitive examination. If the nominee is certified by the director as qualified, the nominee may be appointed provisionally to fill the vacancy until an appointment can be made from a register established after announcement of competition for the position, except that no provisional appointment may be continued for more than 45 working days after the date of certification from the register. Successive appointments may not be made under this subsection. This subsection does not apply to a person appointed to a vacant position in the classified service under s. 230.275.

AB748-SA2,52 Section 52. 230.26 (4) of the statutes is amended to read:

AB748-SA2,52,12 230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional processes examinations.

AB748-SA2,53 Section 53. 230.28 (1) (a) of the statutes is amended to read:

AB748-SA2,52,24 230.28 (1) (a) All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under s. 111.81, in the classified service shall be for a probationary period of one year 6 months, but the director at the request of the appointing authority and in accordance with related rules may extend any such period for a maximum of 12 3 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the director and to the employee removed, the dismissal and the reason therefor. The director may remove an employee during the employee's probationary period if the director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

AB748-SA2,54 Section 54. 230.28 (1) (am) of the statutes is amended to read:

AB748-SA2,53,11 230.28 (1) (am) All probationary periods for employees in supervisory or management positions are one year, but the director at the request of the appointing authority may extend any such period for a maximum of 12 additional months unless waived after 6 months under par. (c). The waiver under par. (c) may be exercised for an employee in a supervisory position only if the employee has successfully completed a supervisory development program under s. 230.046 (2). However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4).

AB748-SA2,55 Section 55. 230.28 (1) (c) of the statutes is amended to read:

AB748-SA2,53,15 230.28 (1) (c) Upon request by the appointing authority, the director may waive any portion of a the lengthened probationary period but in no case before a one-year 6-month probationary period has been served.

AB748-SA2,56 Section 56. 230.28 (6) of the statutes is created to read:

AB748-SA2,53,21 230.28 (6) A person with a right of restoration resulting from layoff under s. 230.34 (2) who competes for promotion to a position under s. 230.19 (3) and is appointed shall serve a probationary period under sub. (1). If the appointing authority terminates the employee during the probationary period, the person shall return to his or her former layoff status.

AB748-SA2,57 Section 57. 230.31 (1) (intro.) of the statutes is amended to read:

AB748-SA2,54,2 230.31 (1) (intro.) Any person who has held a position and obtained permanent status in a class under the civil service law and rules and who has separated from the service before July 1, 2016, without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations:

AB748-SA2,58 Section 58. 230.31 (2) of the statutes is created to read:

AB748-SA2,54,6 230.31 (2) The administrator may also provide for the reinstatement of persons who have served in seasonal and sessional employment and for persons who separate from a position while serving a probationary period.

AB748-SA2,59 Section 59. 230.31 (3) of the statutes is repealed.

AB748-SA2,60 Section 60. 230.32 (4) of the statutes is amended to read:

AB748-SA2,54,17 230.32 (4) Any person appointed to fill the position of an employee on such military or civilian leave shall be designated as a substitute or replacement employee and upon the return and reemployment of the original employee the substitute employee shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with this subchapter and the rules of the director. The status of any person who is appointed to fill the place of an employee on military or civilian leave under this section shall be governed by the rules of the director pursuant thereto.

AB748-SA2,61 Section 61. 230.34 (1) (a) (intro.) of the statutes is renumbered 230.34 (1) (a) and amended to read:

AB748-SA2,55,5 230.34 (1) (a) An employee with permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay, or demoted only for just cause. It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator's standards under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee without imposing progressive discipline for any of the following conduct:

AB748-SA2,62 Section 62. 230.34 (1) (a) 1. to 9. of the statutes are repealed.

AB748-SA2,63 Section 63. 230.34 (1) (am) of the statutes is amended to read:

AB748-SA2,55,16 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employee. If an employee fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 3 5 consecutive working days during a calendar year, the appointing authority shall consider the employee's position abandoned and may discipline the employee or treat the employee as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employee in writing that the employee is being treated as having effectively resigned as of the end of the last day worked.

AB748-SA2,64 Section 64. 230.34 (2) (intro.) of the statutes is amended to read:

AB748-SA2,55,24 230.34 (2) (intro.) Employees with permanent status in class in permanent, sessional and seasonal positions in the classified service and employees serving a probationary period in such positions after promotion or transfer may be laid off because of a reduction in force due to a stoppage or lack of work or funds or owing to material changes in duties or organization but only after all original appointment probationary and limited term employees in the classes used for layoff, are terminated.

AB748-SA2,65 Section 65. 230.34 (2) (a) of the statutes is repealed and recreated to read:

AB748-SA2,56,2 230.34 (2) (a) The order of layoff of such employees may be determined by seniority or performance or a combination thereof or by other factors.

AB748-SA2,66 Section 66. 230.34 (2) (b) of the statutes is repealed and recreated to read:

AB748-SA2,56,8 230.34 (2) (b) The director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employee right of restoration or eligibility for reinstatement.

AB748-SA2,67 Section 67. 230.35 (3) (d) of the statutes is amended to read:

AB748-SA2,56,13 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional evaluations examinations and interviews. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

AB748-SA2,68 Section 68. 230.37 (1) of the statutes is amended to read:

AB748-SA2,56,23 230.37 (1) In cooperation with appointing authorities the administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct at least an annual performance evaluation of each employee appointed by the appointing authority. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.

AB748-SA2,69 Section 69. 230.40 (3) of the statutes is created to read:

AB748-SA2,57,4 230.40 (3) A person who separates from the classified service to fill an elective position shall have reinstatement privileges for 5 years following termination from the classified service or for one year following termination from the elective position, whichever is longer.

AB748-SA2,70 Section 70. 230.43 (1) (title) of the statutes is amended to read:

AB748-SA2,57,7 230.43 (1) (title) Hiring process; obstruction Obstruction or falsifications of examinations.

AB748-SA2,71 Section 71. 230.43 (1) (am) of the statutes is amended to read:

AB748-SA2,57,11 230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect of the rights of application examination or registration under this subchapter or any rules prescribed pursuant thereto.

AB748-SA2,72 Section 72. 230.43 (1) (b) of the statutes is amended to read:

AB748-SA2,57,16 230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports upon an application or resume examination, or proper standing of any person evaluated examined, registered, or certified, pursuant to this subchapter, or aids in so doing.

AB748-SA2,73 Section 73. 230.43 (1) (c) of the statutes is amended to read:

AB748-SA2,57,19 230.43 (1) (c) Willfully or corruptly makes any false representations concerning the same, or concerning an applicant the person examined.

AB748-SA2,74 Section 74. 230.43 (1) (d) of the statutes is amended to read:

AB748-SA2,57,24 230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so evaluated examined, registered, or certified, being appointed, employed, or promoted.

AB748-SA2,75 Section 75. 230.43 (1) (e) of the statutes is amended to read:

AB748-SA2,58,3 230.43 (1) (e) Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application, or request to be evaluated examined or registered.

AB748-SA2,76 Section 76. 230.43 (5) of the statutes is amended to read:

AB748-SA2,58,13 230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to a competitive hiring process examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the administrator in force at the time of such payments.

AB748-SA2,77 Section 77. 230.44 (1) (c) of the statutes is amended to read:

AB748-SA2,58,21 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance process procedure established under s. 230.445 230.04 (14), if the appeal alleges that the decision was not based on just cause.

AB748-SA2,78 Section 78. 230.44 (1) (e) of the statutes is amended to read:

AB748-SA2,59,2 230.44 (1) (e) Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5) or under the discretionary merit award program established under s. 230.04 (19), including the evaluation methodology and results used to determine the award or the amount awarded.

AB748-SA2,79 Section 79. 230.445 of the statutes is repealed.

AB748-SA2,80 Section 80. 321.65 (3) (g) of the statutes is amended to read:

AB748-SA2,59,9 321.65 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.03 (4), 62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.”.

AB748-SA2,59,10 27. Page 8, line 12: before that line insert:

AB748-SA2,59,11 “ Section 7b. 111.01 of the statutes is created to read:

AB748-SA2,59,14 111.01 Declaration of policy. The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this subchapter is enacted, is declared to be as follows:

AB748-SA2,59,18 (1) It recognizes that there are 3 major interests involved, namely: the public, the employee, and the employer. These 3 interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB748-SA2,60,8 (2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

AB748-SA2,60,13 (3) Negotiations of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee's own choosing, without intimidation or coercion from any source.

AB748-SA2,60,20 (4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious, and impartial tribunal by which these interests may have their respective rights and obligations adjudicated. While limiting individual and group rights of aggression and defense, the state substitutes processes of justice for the more primitive methods of trial by combat.

AB748-SA2,7d Section 7d. 111.04 (1) and (2) of the statutes are consolidated, renumbered 111.04 and amended to read:

AB748-SA2,61,5 111.04 Rights of employees. Employees shall 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. (2) Employees shall also have the right to refrain from self-organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection.

AB748-SA2,7e Section 7e. 111.04 (3) of the statutes is repealed.

AB748-SA2,7f Section 7f. 111.06 (1) (c) of the statutes is amended to read:

AB748-SA2,62,10 111.06 (1) (c) To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment except in a collective bargaining unit where an all-union, fair-share, or maintenance of membership agreement is in effect. An employer may enter into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this paragraph for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this paragraph. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer. An interested person may, as provided in s. 111.07, request the commission to perform this duty.

AB748-SA2,7g Section 7g. 111.06 (1) (e) of the statutes is amended to read:

AB748-SA2,62,14 111.06 (1) (e) To bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in par. (c).

AB748-SA2,7h Section 7h. 111.06 (1) (i) of the statutes is amended to read:

AB748-SA2,62,23 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable by the employee giving to the employer at least 30 days' written notice of the termination. This paragraph applies to the extent permitted under federal law unless there is an all-union, fair-share, or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of a notice of termination.

AB748-SA2,7i Section 7i. 111.06 (1) (m) of the statutes is created to read:

AB748-SA2,63,2 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB748-SA2,11t Section 11t. 947.20 of the statutes is repealed.” .

AB748-SA2,63,4 28. Page 8, line 12: before that line insert:

AB748-SA2,63,5 “ Section 7c. 111.39 (4) (d) of the statutes is amended to read:

AB748-SA2,63,19 111.39 (4) (d) The department shall serve a certified copy of the findings and order on the respondent, the order to have the same force as other orders of the department and be enforced as provided in s. 103.005. The department shall also serve a certified copy of the findings and order on the complainant, together with a notice advising the complainant about the right to seek, and the time for seeking, review by the commission under sub. (5); about the right to bring, and the time for bringing, an action for judicial review under s. 111.395; and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a). Any person aggrieved by noncompliance with the order may have the order enforced specifically by suit in equity. If the examiner finds that the respondent has not engaged in discrimination, unfair honesty testing, or unfair genetic testing as alleged in the complaint, the department shall serve a certified copy of the examiner's findings served on the complainant, together with shall be accompanied by an order dismissing the complaint.

AB748-SA2,7g Section 7g. 111.39 (5) (b) of the statutes is amended to read:

AB748-SA2,64,7 111.39 (5) (b) If no petition is filed the respondent or complainant does not file a petition under par. (a) within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent served on that party, the findings and order shall be considered final for purposes of enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review, may either affirm, reverse, or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and order , it the commission may extend the time another 21 days for filing the petition with the department.

AB748-SA2,7n Section 7n. 111.39 (5) (d) of the statutes is created to read:

AB748-SA2,64,14 111.39 (5) (d) The commission shall serve a certified copy of the commission's decision on the respondent. The commission shall also serve a certified copy of the commission's decision on the complainant, together with a notice advising the complainant about the right to bring, and the time for bringing, an action for judicial review under s. 111.395 and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a).

AB748-SA2,7r Section 7r. 111.397 of the statutes is created to read:

AB748-SA2,65,2 111.397 Civil action. (1) (a) Except as provided in this paragraph, the department or a person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may bring an action in circuit court requesting the relief described in sub. (2) (a) against any employer, labor organization, or employment agency that is alleged or found to have engaged in that discrimination, unfair honesty testing, or unfair genetic testing. The department or a person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may not bring an action under this paragraph against any local governmental unit, as defined in s. 19.42 (7u), or against any employer, labor organization, or employment agency employing fewer than 15 individuals for each working day in each of 20 or more calendar weeks in the current or preceding year.