AB687: Bill Text

AB687,39,16 (d) Refuse to bargain collectively on matters set forth in s. 111.998 with a representative of a majority of its employees in an appropriate collective bargaining unit. Whenever the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. The employer is not considered to have refused to bargain until an election has been held and the results of the election are certified to the employer by the commission. A violation of this paragraph includes the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB687,39,21 (e) Violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours, and conditions of employment affecting the employees, including an agreement to arbitrate or to accept the terms of an arbitration award, when previously the parties have agreed to accept such award as final and binding upon them.

AB687,40,3 (f) Deduct labor organization dues from an employee's earnings, unless the 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 employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

AB687,40,7 (g) Use any moneys received for any purpose to discourage; to train any supervisor, management employee, or other employee to discourage; or to contract with any person for the purposes of discouraging employees in the exercise of their rights guaranteed under s. 111.97.

AB687,40,14 (1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board to implement changes in salaries or conditions of employment for members of the faculty or academic staff at one institution, and not for other members of the faculty or academic staff at another institution, but this may be done only if the differential treatment is based on comparisons with the compensation and working conditions of employees performing similar services for comparable higher education institutions or based upon other competitive factors.

AB687,40,16 (2) It is unfair practice for an employee individually or in concert with others to do any of the following:

AB687,40,18 (a) Coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed under s. 111.97.

AB687,40,23 (b) Coerce, intimidate, or induce any officer or agent of the employer to interfere with any of the employer's employees in the enjoyment of their legal rights including those guaranteed under s. 111.97 or engage in any practice with regard to its employees which would constitute an unfair labor practice if undertaken by the officer or agent on the officer's or agent's own initiative.

AB687,41,3 (c) Refuse to bargain collectively on matters specified in s. 111.998 with the authorized officer or agent of the employer that is the recognized or certified exclusive collective bargaining representative of employees in an appropriate collective bargaining unit. Such refusal to bargain shall include a refusal to execute a collective bargaining agreement previously orally agreed upon.

AB687,41,7 (d) Violate the provisions of any written agreement with respect to terms and conditions of employment affecting employees, including an agreement to arbitrate or to accept the terms of an arbitration award, when previously the parties have agreed to accept such awards as final and binding upon them.

AB687,41,9 (e) Engage in, induce, or encourage any employees to engage in a strike or a concerted refusal to work or perform their usual duties as employees.

AB687,41,13 (f) Coerce or intimidate a supervisory employee, officer, or agent of the employer, working at the same trade or profession as the employer's employees, to induce the person to become a member of or act in concert with the labor organization of which the employee is a member.

AB687,41,17 (3) It is an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by subs. (1) and (2).

AB687,41,19 (3m) This section does not interfere with a faculty member's right of academic freedom.

AB687,42,3 (4) Any controversy concerning unfair labor practices may be submitted to the commission as provided in s. 111.07, except that the commission shall schedule a hearing on complaints involving alleged violations of sub. (2) (e) within 3 days after filing of a complaint, and notice shall be given to each party interested by service on the party personally, or by telegram, advising the party of the nature of the complaint and of the date, time, and place of hearing. The commission may appoint a substitute tribunal to hear unfair labor practice charges by either appointing a 3-member panel or submitting a 7-member panel to the parties and allowing each to strike 2 names. Any panel shall report its finding to the commission for appropriate action.

AB687,42,8 111.992 Maintenance of membership agreements. (1) (a) No maintenance of membership agreement may be effective unless authorized. For a maintenance of membership agreement to be authorized, the employer and the labor organization representing the employees must voluntarily agree to establish the maintenance of membership agreement.

AB687,42,22 (b) If a maintenance of membership agreement is authorized under par. (a), the employer shall enter into the maintenance of membership agreement with the labor union that voluntarily agreed to establish the agreement. Each maintenance of membership agreement shall require the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees or supervisors affected by the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, a maintenance of membership agreement takes effect 60 days after the commission certifies that the parties have voluntarily agreed to establish the maintenance of membership agreement. The employer shall be held harmless against any claims, demands, suits, and other forms of liability made by employees or supervisors or local labor organizations which may arise for actions the employer takes in compliance with this section. All such lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB687,43,2 (c) Under each maintenance of membership agreement, an employee or supervisor who has religious convictions against dues payments to a labor organization may request the labor organization to pay his or her dues to a charity mutually agreed upon by the employee or supervisor and the labor organization. Any dispute under this paragraph may be submitted to the commission for adjudication.

AB687,43,8 (2) (a) Once authorized, a maintenance of membership agreement is in effect, subject to the right of the employer or the labor organization concerned to notify the commission that it no longer voluntarily agrees to continue the agreement. After the commission is notified, the maintenance of membership agreement terminates at the termination of the collective bargaining agreement or one year from the notification, whichever is earlier.

AB687,43,17 (b) The commission shall suspend any maintenance of membership agreement 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, or creed to receive as a member any employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee or supervisor covered under the agreement, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB687,43,20 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

AB687,43,23 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employees are entitled to vote in a referendum to conduct a referendum under this section.

AB687,44,3 111.993 Grievance arbitration. (1) Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency serve as arbitrator or may designate any other competent, impartial, and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788.

AB687,44,9 (2) The board shall charge an institution for the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the institution. Each institution charged shall pay the amount that the board charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.545 (1) (km).

AB687,44,15 111.994 Mediation. The commission may appoint any competent, impartial, disinterested person to act as mediator in any labor dispute either upon its own initiative or upon the joint request of both parties to the dispute. It is the function of a mediator to bring the parties together voluntarily under such favorable conditions as will tend to effectuate settlement of the dispute, but neither the mediator nor the commission has any power of compulsion in mediation proceedings.

AB687,44,24 111.995 Fact-finding. (1) If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the representative that has been certified by the commission after an election, as the exclusive representative of employees in an appropriate bargaining unit, and the employer, its officers, and agents, after a reasonable period of negotiation, 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 under this section, and to make recommendations to resolve the deadlock.

AB687,45,6 (2) Upon receipt of a petition to initiate fact-finding, the commission shall make an investigation with or without a formal hearing, to determine whether a deadlock in fact exists. The commission shall certify the results of the investigation. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or, when jointly requested by the parties, a 3-member panel to function as a fact finder.

AB687,45,20 (3) The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. In making findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Upon the request of either party, the fact finder may orally present the recommendations in advance of service of the written findings and recommendations. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy to the commission at its Madison office.

AB687,45,22 (4) A fact finder may mediate a dispute at any time prior to the issuance of the fact finder's recommendations.

AB687,46,3 (5) Within 30 days of the receipt of the fact finder's recommendations or within a time mutually agreed upon by the parties, each party shall advise the other, in writing, as to the party's acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, send a copy of the notification to the commission at its Madison office. Failure to comply with this subsection, by the employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).

AB687,46,9 111.996 Strike prohibited. (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the board to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

AB687,46,12 (2) The occurrence of a strike and the participation in the strike by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including all of the following:

AB687,46,14 (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating in the strike.

AB687,46,16 (b) The right to cancel the reinstatement eligibility of any employee engaging in the strike.

AB687,46,19 (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging in the strike, or to sue for damages because of such strike activity.

AB687,46,22 111.997 Management rights. Nothing in this subchapter interferes with the right of the board or the University of Wisconsin–Madison, in accordance with this subchapter, to do any of the following:

AB687,46,25 (1) Carry out the statutory mandate and goals assigned to the board or to the University of Wisconsin–Madison by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

AB687,47,4 (2) Suspend, demote, discharge, or take other appropriate disciplinary action against the employee; or to lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and nonproductive.

AB687,47,7 111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (e), matters subject to collective bargaining to the point of impasse are salaries and hours and conditions of employment.

AB687,47,13 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm), the board and, with respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of bargaining.

AB687,47,15 (c) The board and the University of Wisconsin–Madison are prohibited from bargaining on matters contained in sub. (2).

AB687,47,21 (d) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all actions of the board and of the University of Wisconsin–Madison that are authorized under any such law that apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

AB687,47,24 (e) Neither the board nor the University of Wisconsin-Madison is required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

AB687,48,2 (2) The board and the University of Wisconsin-Madison are prohibited from bargaining on all of the following:

AB687,48,6 (a) The mission and goals of the University of Wisconsin System as set forth in the statutes; the rights granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the rights of appointment provided academic staff under s. 36.15; or academic freedom.

AB687,48,7 (b) Amendments to this subchapter.

AB687,48,9 (c) Family leave and medical leave rights below the minimum afforded under s. 103.10.

AB687,48,11 (d) The rights of employees to have retirement benefits computed under s. 40.30.

AB687,48,13 (e) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.

AB687,48,17 (f) The requirement under s. 40.05 (1) (b) that the employer may not pay, on behalf of that employee, any employee required contributions or the employee share of required contributions and the impact of this requirement on the wages, hours, and conditions of employment of that employee.

AB687,48,21 (g) All costs and payments associated with health care coverage plans, except for the design and selection of health care coverage plans by the employer, and the impact of such costs and payments and the design and selection of the health care coverage plans on the wages, hours, and conditions of employment of the employees.

AB687,48,22 (h) Creditable service to which s. 40.285 (2) (b) 4. applies.

AB687,48,24 (i) Compliance with the health benefit plan requirements under ss. 632.746 (1) to (8) and (10), 632.747, and 632.748.

AB687,48,25 (j) Compliance with the insurance requirements under s. 631.95.

AB687,49,1 (k) The definition of earnings under s. 40.02 (22).

AB687,49,2 (L) The maximum benefit limitations under s. 40.31.

AB687,49,3 (m) The limitations on contributions under s. 40.32.

AB687,49,5 (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14).

AB687,49,8 (nm) The requirements related to providing coverage for a dependent under s. 632.885 and to continuing coverage for a dependent student on a medical leave of absence under s. 632.895 (15).

AB687,49,10 (o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.

AB687,49,11 (p) The requirements related to coverage of drugs and devices under s. 632.853.

AB687,49,12 (q) The requirements related to experimental treatment under s. 632.855.

AB687,49,14 (r) The requirements under s. 609.10 related to offering a point-of-service option plan.

AB687,49,17 (s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.

AB687,49,21 (3) Upon request, the chancellor at each institution, or his or her designee, shall meet and confer with the collective bargaining representative, if any, with regard to any issue that is a permissive subject of bargaining, except when the issue is under active consideration by a governance organization under s. 36.09 (4) or (4m).

AB687,50,3 111.999 Labor proposals. (1) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm), the board shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

AB687,50,10 (2) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization or to be agreed to before such proposal is actually offered or accepted.

AB687,50,16 111.9991 Agreements. (1) (a) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm) shall, after official ratification by the labor organization, be submitted by the board to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB687,50,22 (b) Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 (1) (a) or (j) shall, after official ratification by the labor organization, be submitted by the University of Wisconsin-Madison to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB687,51,14 (c) If the committee approves a tentative agreement, under par. (a) or (b) it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions, or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and that recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB687,51,15 (2) No portion of any tentative agreement shall become effective separately.

AB687,51,16 (3) Agreements shall coincide with the fiscal year or biennium.

AB687,51,18 (4) The negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.

AB687,51,20 (5) All compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

AB687,51,25 111.9992 Status of existing benefits and rights. Unless a prohibited subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules governing the salaries, fringe benefits, hours, and conditions of employment apply to each employee, unless otherwise provided in a collective bargaining agreement.

AB687,52,7 111.9993 Rules, transcripts, fees. (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings under this subchapter. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i).

AB687,53,7 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.991. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.993. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.995. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.994. For the performance of commission actions under ss. 111.993, 111.994, and 111.995, the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.991, the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation, or arbitration. A complaint or request for fact-finding, mediation, or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB687,58 Section 58. 230.01 (3) of the statutes is amended to read:

AB687,53,10 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

AB687,59 Section 59. 230.046 (10) (a) of the statutes is amended to read:

AB687,53,13 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

AB687,60 Section 60. 230.12 (3) (e) 1. of the statutes is amended to read:

AB687,54,11 230.12 (3) (e) 1. The administrator, after receiving recommendations from the board of regents and the chancellor of the University of Wisconsin-Madison, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for University of Wisconsin System employees who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for University of Wisconsin System employees. The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for University of Wisconsin System employees. The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

AB687,61 Section 61. 230.35 (2d) (e) of the statutes is amended to read:

AB687,54,16 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB687,62 Section 62. 230.35 (3) (e) 6. of the statutes is amended to read:

AB687,54,21 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.

AB687,63 Section 63. 230.88 (2) (b) of the statutes is amended to read:

AB687,55,6 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V or VI of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.