1995 Wisconsin Act 27

111.71 (2) The commission shall assess and collect a filing fee of $25 from the party or parties filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee of $25 from the party or parties 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. 111.70 (4) (c) 2. or (cm) 4. If such a 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. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for arbitration. A complaint or request for arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be deposited as general purpose revenue-earned.

27,3803t Section 3803t. 111.71 (2) of the statutes, as affected by 1993 Wisconsin Act 16 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). 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. 111.70 (4) (c) 2. or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (jm) and 111.77 (3), 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 a prohibited practice has been committed under s. 111.70 (3), 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 dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions 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 , except that the commission may not require a filing fee that exceeds $225 per request or case. 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, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (jm) or 111.77 (3) shall not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

27,3803um Section 3803um. 111.71 (3) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed.

27,3803w Section 3803w. 111.71 (4) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cm). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

27,3803x Section 3803x. 111.71 (5) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.

27,3805m Section 3805m. 111.77 (9) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

111.77 (9) Section 111.70 (4) (c) 3. and (cm) shall not apply to employments covered by this section.

27,3806 Section 3806 . 111.80 (1) of the statutes is amended to read:

111.80 (1) It recognizes that there are 3 major interests involved: that of the public, that of the state employe and that of the state as an employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

27,3807 Section 3807 . 111.80 (2) of the statutes is amended to read:

111.80 (2) Orderly and constructive employment relations for state employes and the efficient administration of state government are promotive of all these interests. They are largely dependent upon the maintenance of fair, friendly and mutually satisfactory employe management relations in state employment, and the availability of suitable machinery for fair and peaceful adjustment of whatever controversies may arise. It is recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding state employment relations, neither party has any right to engage in acts or practices which jeopardize the public safety and interest and interfere with the effective conduct of public business.

27,3808 Section 3808 . 111.80 (3) of the statutes is amended to read:

111.80 (3) Where permitted under this subchapter, negotiations of terms and conditions of state employment should result from voluntary agreement between the state and its agents as an employer, and its employes. For that purpose a state an employe may, if the employe desires, associate with others in organizing and in bargaining collectively through representatives of the employe's own choosing without intimidations or coercion from any source.

27,3809 Section 3809 . 111.80 (4) of the statutes is amended to read:

111.80 (4) It is the policy of this state, in order to preserve and promote the interests of the public, the state employe and the state as an employer alike, to encourage the practices and procedures of collective bargaining in state employment subject to the requirements of the public service and related laws, rules and policies governing state employment, by establishing standards of fair conduct in state employment relations and by providing a convenient, expeditious and impartial tribunal in which these interests may have their respective rights determined.

27,3810 Section 3810 . 111.81 (7) (d) of the statutes is created to read:

111.81 (7) (d) Individuals employed by the University of Wisconsin Hospitals and Clinics Authority who hold positions that would be included in the classified service if the individuals were employed by the state, except supervisors, management employes and individuals who are privy to confidential matters affecting the employer-employe relationship.

27,3811 Section 3811 . 111.81 (7) (d) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

27,3812 Section 3812 . 111.81 (12) (intro.) of the statutes is amended to read:

111.81 (12) (intro.) “Labor organization" means any employe organization whose purpose is to represent state employes in collective bargaining with the state employer, or its agents, on matters pertaining to terms and conditions of employment; but the term shall not include any organization:

27,3815 Section 3815 . 111.81 (15) (a) (intro.) of the statutes is amended to read:

111.81 (15) (a) (intro.) Any employe in the classified service or any employe of the University of Wisconsin Hospitals and Clinics Authority who is engaged in work:

27,3816 Section 3816 . 111.81 (15) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.81 (15) (a) (intro.) Any employe in the classified service who is engaged in work:

27,3817 Section 3817 . 111.81 (15) (b) (intro.) of the statutes is amended to read:

111.81 (15) (b) (intro.) Any employe in the classified service or any employe of the University of Wisconsin Hospitals and Clinics Authority who:

27,3818 Section 3818 . 111.81 (15) (b) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.81 (15) (b) (intro.) Any employe in the classified service who:

27,3819 Section 3819 . 111.815 (1) of the statutes is amended to read:

111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the executive branch shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications thereof. The department is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies and the University of Wisconsin Hospitals and Clinics Authority on matters of agency concern to the agencies or the authority. The legislative branch shall act upon those portions of tentative agreements negotiated by the executive branch which require legislative action.

27,3820 Section 3820 . 111.815 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the department shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications thereof. Except with respect to the collective bargaining units specified in s. 111.825 (1m), the department is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the department which require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter.

27,3820b Section 3820b. 111.815 (2) of the statutes is amended to read:

111.815 (2) In the furtherance of the policy under s. 111.80 (4), the secretary of the department shall establish a collective bargaining capability within the department outside of the division of merit recruitment and selection and shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1m). The secretary of the department shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

27,3821 Section 3821 . 111.82 of the statutes is amended to read:

111.82 (title) Rights of state employes. State employes Employes 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 under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Such employes Employes shall also have the right to refrain from any or all of such activities.

27,3822 Section 3822 . 111.825 (1) (intro.) of the statutes is amended to read:

111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employes in the classified service of the state and for employes of the University of Wisconsin Hospitals and Clinics Authority are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:

27,3823 Section 3823 . 111.825 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employes in the classified service of the state, except employes in the collective bargaining units specified in s. 111.825 (1m), are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:

27,3823b Section 3823b. 111.825 (1m) of the statutes is created to read:

111.825 (1m) Collective bargaining units for employes in the classified service of the state who are employed by the University of Wisconsin Hospitals and Clinics Board are structured with one collective bargaining unit for each of the following occupational groups:

(a) Clerical and related.

(b) Blue collar and nonbuilding trades.

(c) Building trades crafts.

(d) Security and public safety.

(e) Technical.

27,3823c Section 3823c. 111.825 (3) of the statutes is amended to read:

111.825 (3) The commission shall assign employes to the appropriate collective bargaining units set forth in subs. (1), (1m) and (2).

27,3823d Section 3823d. 111.825 (4) of the statutes is amended to read:

111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1), (1m) or (2) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employes in the collective bargaining unit want it to be their representative. An original petition to serve as the initial representative of the collective bargaining unit specified in sub. (2) (d) may only be filed during the period commencing on July 2, 1990, and ending on December 31, 1990.

27,3823e Section 3823e. 111.825 (4m) of the statutes is created to read:

111.825 (4m) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (1m), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employes in any of the collective bargaining units that were combined to petition for an election under s. 111.83 (6) and (7). Any agreement under this subsection is effective upon written notice of the agreement by the parties to the commission and terminates upon written notice of termination by the parties to the commission or upon decertification of the representative entering into the agreement as representative of one of the combined collective bargaining units, whichever occurs first.

27,3824m Section 3824m. 111.83 (7) of the statutes is created to read:

111.83 (7) Notwithstanding subs. (1), (3) and (6) and s. 111.825 (4), if on July 1, 1997, there is a representative recognized or certified to represent the employes in any of the collective bargaining units specified in s. 111.825 (1) (a) to (e), that representative shall become the representative of the employes in the corresponding collective bargaining units specified in s. 111.825 (1m) (a) to (e), without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section during October 1998 or at any subsequent time when sub. (6) applies.

27,3825 Section 3825 . 111.84 (1) (a) of the statutes is amended to read:

111.84 (1) (a) To interfere with, restrain or coerce state employes in the exercise of their rights guaranteed in s. 111.82.

27,3826 Section 3826 . 111.84 (1) (b) of the statutes is amended to read:

111.84 (1) (b) Except as otherwise provided in this paragraph, to initiate, create, dominate or interfere with the formation or administration of any labor or employe organization or contribute financial support to it. Except as provided in ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin retirement system under ch. 40 and no action by the employer that is authorized by such a law constitutes a violation of this paragraph unless an applicable collective bargaining agreement specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively regarding the Wisconsin retirement system under ch. 40 to the extent required by s. 111.91. It is not an unfair labor practice for the employer to reimburse state employes at their an employe at his or her prevailing wage rate for the time spent during the employe's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter. Professional supervisory or craft personnel may maintain membership in professional or craft organizations; however, as members of such organizations they shall be prohibited from those activities related to collective bargaining in which the organizations may engage.

27,3827 Section 3827 . 111.84 (1) (e) of the statutes is amended to read:

111.84 (1) (e) To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting state employes, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such award as final and binding upon them.

27,3828 Section 3828 . 111.85 (4) of the statutes is amended to read:

111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the a state department or agency involved or the University of Wisconsin Hospitals and Clinics Authority whose employes are entitled to vote in a referendum to conduct the referenda a referendum provided for herein.

27,3829 Section 3829 . 111.85 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employes are entitled to vote in a referendum to conduct a referendum provided for herein.

27,3829m Section 3829m. 111.85 (5) of the statutes is created to read:

111.85 (5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (a) to (e), that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.825 (1m) (a) to (e) without the necessity of filing a petition or conducting a referendum, subject to the right of the employes in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a).

27,3830 Section 3830 . 111.86 of the statutes is renumbered 111.86 (1) and amended to read:

111.86 (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 or the University of Wisconsin Hospitals and Clinics Authority 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.

27,3831 Section 3831 . 111.86 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.86 (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.

27,3832 Section 3832 . 111.86 (2) of the statutes is created to read:

111.86 (2) The department shall charge a state department or agency the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employes of the state department or agency. Each state department or agency so charged shall pay the amount that the department 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. 20.512 (1) (km).

27,3835 Section 3835 . 111.89 (2) (intro.) of the statutes is amended to read:

111.89 (2) (intro.) The occurrence of a strike and the participation therein by a state an employe do not affect the rights of the employer, in law or in equity, to deal with the strike, including:

27,3836 Section 3836 . 111.90 (1) of the statutes is amended to read:

111.90 (1) Carry out the statutory mandate and goals assigned to the a state agency utilizing personnel, or the University of Wisconsin Hospitals and Clinics Authority by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

27,3837 Section 3837 . 111.90 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.90 (1) Carry out the statutory mandate and goals assigned to a state agency by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

27,3838 Section 3838 . 111.90 (2) of the statutes is amended to read:

111.90 (2) Manage the employes of the a state agency or the University of Wisconsin Hospitals and Clinics Authority; hire, promote, transfer, assign or retain employes in positions within the agency or authority; and in that regard establish reasonable work rules.

27,3839 Section 3839 . 111.90 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.90 (2) Subject to s. 111.91 (1) (am), manage the employes of a state agency; hire, promote, transfer, assign or retain employes in positions within the agency; and in that regard establish reasonable work rules.

27,3839m Section 3839m. 111.91 (1) (am) of the statutes is created to read:

111.91 (1) (am) In collective bargaining units specified in s. 111.825 (1m), the right of the employer to transfer employes from one position to another position and the right of employes to be transferred from one position to another position is a subject of bargaining.

27,3840 Section 3840 . 111.91 (2) (a) of the statutes is amended to read: