111.83 (5m) (a) This subsection applies only to a collective bargaining unit specified in s. 111.825 (2g).
(am) 1. Subject to subd. 2., the department of health services shall provide a labor organization with the list of home care providers provided to the department of health services under s. 52.20 (5) if any of the following apply:
a. The labor organization demonstrates a showing of interest of at least 3 percent of home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by that labor organization.
b. The labor organization is a certified representative of any home care providers in this state.
c. The labor organization was a certified representative of any home care providers in this state prior to the effective date of this subdivision paragraph .... [LRB inserts date].
2. A labor organization shall agree to use any list it receives under subd. 1. only for communicating with home care providers concerning the exercise of their rights under s. 111.82 and shall agree to keep the list confidential.
(b) Upon the filing of a petition with the commission indicating a showing of interest of at least 30 percent of the home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to change the existing representative, the commission shall hold an election in which the home care providers may vote on the question of representation. The labor organization named in the petition shall be included on the ballot. Within 60 days of the time that the petition is filed, another petition may be filed with the commission indicating a showing of interest of at least 10 percent of the home care providers who are included in the collective bargaining unit under s. 111.825 (2g) to be represented by another labor organization, in which case the name of that labor organization shall also be included on the ballot.
(c) If at an election held under par. (b), a majority of home care providers voting in the collective bargaining unit vote for a single labor organization, the labor organization shall be the exclusive representative for all home care providers in that collective bargaining unit. If no single labor organization receives a majority of the votes cast, the commission may hold one or more runoff elections under sub. (4) until one labor organization receives a majority of the votes cast.
28,2249
Section
2249. 111.84 (2) (c) of the statutes is amended to read:
111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (b) to (f) (g) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.
28,2250
Section
2250. 111.905 of the statutes is created to read:
111.905 Rights of consumer. (1) This subchapter does not interfere with the rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise, or discipline home care providers or to set conditions and duties of employment.
(2) A home care provider is an at will provider of home care services to a consumer and this subchapter does not interfere with that relationship.
28,2251
Section
2251. 111.91 (1) (cg) of the statutes is created to read:
111.91 (1) (cg) The representative of home care providers in the collective bargaining unit specified under s. 118.825 (2g) may not bargain collectively with respect to any matter other than wages and fringe benefits.
111.91 (2) (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14) and, (16), and (17).
28,2252
Section
2252. 111.91 (2) (nm) of the statutes is amended to read:
111.91 (2) (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).
28,2252m
Section 2252m. 111.91 (2) (t) of the statutes is created to read:
111.91 (2) (t) Retention payments to assistant state public defenders under s. 977.10 (2) and retention payments to assistant district attorneys under s. 978.12 (7) (b).
28,2253
Section
2253. 111.91 (2c) of the statutes is created to read:
111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer is prohibited from bargaining with a collective bargaining unit formed under s. 111.825 (2g) on any of the following:
(a) Policies.
(b) Work rules.
(c) Hours of employment.
(d) Any right of the consumer under s. 111.905.
28,2254
Section
2254. 111.92 (1) (a) of the statutes is amended to read:
111.92 (1) (a) Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or, (2) (a) to (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, 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 which 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.
28,2254g
Section 2254g. 111.92 (2m) of the statutes is created to read:
111.92 (2m) A collective bargaining agreement entered into by a collective bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2011.
28,2254L
Section 2254L. 111.935 of the statutes is created to read:
111.935 Representatives and elections for research assistants. (1) In this section, "authorization card" means a signed card that employees complete to indicate their preferences regarding collective bargaining.
(2) Notwithstanding s. 111.83 (2), the commission shall establish a procedure whereby research assistants may determine whether to form themselves into collective bargaining units under s. 111.825 (2) (g), (h), or (i) by authorization cards in lieu of secret ballot. The procedure shall provide that once a majority of research assistants have indicated their preference on the authorization cards to form themselves into a collective bargaining unit, the collective bargaining unit is established.
(3) Notwithstanding ss. 111.825 (4) and 111.83 (3), all of the following shall apply:
(a) The initial representative of the employees in the collective bargaining unit under s. 111.825 (2) (g) is the representative of the employees in the collective bargaining unit under s. 111.825 (2) (a).
(b) The initial representative of the employees in the collective bargaining unit under s. 111.825 (2) (h) is the representative of the employees in the collective bargaining unit under s. 111.825 (2) (b).
(c) The initial representative of the employees in the collective bargaining unit under s. 111.825 (2) (i) is either the representative of the employees in the collective bargaining unit under s. 111.825 (2) (a) or the representative of the employees in the collective bargaining unit under s. 111.825 (2) (b). The commission shall establish a procedure for selecting the representative by authorization cards in lieu of secret ballot.
28,2255
Section
2255. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is created to read:
CHAPTER 111
Subchapter VI
University of Wisconsin system
faculty and academic staff
labor relations
111.95 Declaration of policy. The public policy of the state as to labor relations and collective bargaining involving faculty and academic staff at the University of Wisconsin System, in furtherance of which this subchapter is enacted, is as follows:
(1) The people of the state of Wisconsin have a fundamental interest in developing harmonious and cooperative labor relations within the University of Wisconsin System.
(2) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the 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 rights of the others.
111.96 Definitions. In this subchapter:
(1) "Academic staff" has the meaning given under s. 36.05 (1), but does not include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is appointed to a visiting faculty position.
(2) "Board" means the Board of Regents of the University of Wisconsin System.
(3) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.998 with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.
(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
(5) "Commission" means the employment relations commission.
(6) "Election" means a proceeding conducted by the commission in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in this subchapter.
(7) "Employee" includes:
(a) All faculty, including specifically faculty who are supervisors or management employees, but not including faculty holding a limited appointment under s. 36.17 or deans.
(b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.
(8) "Employer" means the state of Wisconsin.
(9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual holding an appointment under s. 36.15.
(10) "Fair-share agreement" means an agreement between the employer and a labor organization representing employees under which all of the employees in a 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.
(11) "Institution" has the meaning given in s. 36.05 (9).
(12) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.
(13) "Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment, but does not include any organization that does any of the following:
(a) Advocates the overthrow of the constitutional form of government in the United States.
(b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.
(14) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.992 at or after the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.
(15) "Management employees" include those personnel engaged predominately in executive and managerial functions.
(16) "Office" means the office of state employment relations in the department of administration.
(17) "Referendum" means a proceeding conducted by the commission in which employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share agreement or to terminate a fair-share agreement.
(18) "Representative" includes any person chosen by an employee to represent the employee.
(19) "Strike" includes any strike or other concerted stoppage of work by employees, any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal to work or perform their usual duties as employees of the state.
(20) "Supervisor" means any individual whose principal work is different from that of the individual's subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees, or to adjust their grievances, or to authoritatively recommend such action, if the individual's exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(21) "Unfair labor practice" means any unfair labor practice specified in s. 111.991.
111.965 Duties of the state. (1) In the furtherance of this subchapter, the state shall be considered as a single employer. The board shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the board shall maintain close liaison with the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The board shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the board that require legislative action.
(2) The board shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The board shall coordinate its actions with the director of the office.
111.97 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 under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees shall also have the right to refrain from any such activities.
111.98 Collective bargaining units.
(1) Collective bargaining units for faculty and staff in the unclassified service of the state shall be structured with a collective bargaining unit for each of the following groups:
(a) Faculty of the University of Wisconsin-Madison.
(b) Faculty of the University of Wisconsin-Milwaukee.
(c) Faculty of the University of Wisconsin-Extension.
(cm) Faculty of the University of Wisconsin-Eau Claire.
(d) Faculty of the University of Wisconsin-Green Bay.
(dm) Faculty of the University of Wisconsin-La Crosse.
(e) Faculty of the University of Wisconsin-Oshkosh.
(em) Faculty of the University of Wisconsin-Parkside.
(f) Faculty of the University of Wisconsin-Platteville.
(fm) Faculty of the University of Wisconsin-River Falls.
(g) Faculty of the University of Wisconsin-Stevens Point.
(gm) Faculty of the University of Wisconsin-Stout.
(h) Faculty of the University of Wisconsin-Superior.
(hm) Faculty of the University of Wisconsin-Whitewater.
