Amendment ASA-AB150

AB150-ASA,1308,11 108.14 (11) The department may require any employing unit which employs one or more individuals to perform work in this state to make such arrangements as will reasonably assure the department that the employing unit will keep such records, make such reports, and pay such contributions as are required under this chapter. Any employing unit which the department has notified, through notice served on it or sent by registered mail to its last-known address or served by publishing a notice under s. 180.1510 (4) (b) 1., that it is required to make such arrangements and which fails to do so within 20 days after such notification may, through proceedings instituted by the department in the circuit court for Dane county, be restrained from doing business in this state until it has made such arrangements.

AB150-ASA, s. 3780 Section 3780. 108.141 (6) (a) of the statutes is amended to read:

AB150-ASA,1308,16 108.141 (6) (a) Whenever an extended benefit period is to become effective as a result of a Wisconsin "on" indicator, or an extended benefit period is to be terminated as a result of a Wisconsin "off" indicator, the secretary of industry, labor and human relations shall publish it as a class 1 notice under ch. 985.

AB150-ASA, s. 3781 Section 3781. 108.142 (5) of the statutes is amended to read:

AB150-ASA,1308,22 108.142 (5) Publish indicators. Whenever a Wisconsin supplemental benefit period is to become effective as a result of a Wisconsin "on" indicator under this section, or a Wisconsin supplemental benefit period is to be terminated as a result of a Wisconsin "off" indicator under this section, the secretary of industry, labor and human relations shall publish it as a class 1 notice under ch. 985.

AB150-ASA, s. 3781c Section 3781c. 108.15 (6) (c) of the statutes is amended to read:

AB150-ASA,1309,2 108.15 (6) (c) If such delinquency is finally established under s. 108.10, the fund's treasurer shall, in case such unit receives a share of any state tax or any type of state aid, certify to the state treasurer secretary of administration the existence and amount of such delinquency.

AB150-ASA, s. 3781g Section 3781g. 108.15 (6) (d) (intro.) of the statutes is amended to read:

AB150-ASA,1309,7 108.15 (6) (d) (intro.) Upon receipt of such certification, the state treasurer secretary of administration shall withhold, from each sum of any such tax or aid thereafter payable to the government unit, until the delinquency is satisfied, the lesser of the following amounts:

AB150-ASA, s. 3781n Section 3781n. 108.15 (6) (e) of the statutes is amended to read:

AB150-ASA,1309,12 108.15 (6) (e) Any amount withheld by the state treasurer secretary of administration under par. (d) shall be paid by the state treasurer secretary of administration to the fund's treasurer, who shall duly credit such payment toward satisfying the delinquency.

AB150-ASA, s. 3781w Section 3781w. 108.20 (2) of the statutes is amended to read:

AB150-ASA,1309,18 108.20 (2) All amounts received by the department for the administrative account shall be paid over to the state treasurer secretary of administration and credited to that account for the administration of this chapter and the employment service, for the payment of benefits chargeable to the account under s. 108.07 (5) and for the purposes specified in sub. (2m).

AB150-ASA, s. 3782 Section 3782. 109.07 (1m) of the statutes is amended to read:

AB150-ASA,1310,9 109.07 (1m) Subject to sub. (5) or (6), an employer who has decided upon a business closing or mass layoff in this state shall promptly notify the subunit of the department that administers s. 101.27 106.15, any affected employe, any collective bargaining representative of any affected employe, and the highest official of any municipality in which the affected employment site is located, in writing of such action no later than 60 days prior to the date that the business closing or mass layoff takes place. The employer shall provide in writing all information concerning its payroll, affected employes and the wages and other remuneration owed to such employes as the department may require. The department may in addition require the employer to submit a plan setting forth the manner in which final payment in full shall be made to affected employes. The department shall promptly provide a copy of the notice required under this subsection to the department of development and shall cooperate with the department of development in the performance of its responsibilities under s. 560.15. This subsection does not apply to a business closing or mass layoff that is caused by a strike or lockout.

AB150-ASA, s. 3782b Section 3782b. 111.02 (1) of the statutes is amended to read:

AB150-ASA,1310,15 111.02 (1) The term "all-union agreement" shall mean an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employes in a collective bargaining unit whereby all or any of the employes in such unit are required to be members of a single labor organization.

AB150-ASA, s. 3782c Section 3782c. 111.02 (2) of the statutes is amended to read:

AB150-ASA,1310,21 111.02 (2) "Collective bargaining" is the negotiating by an employer and a majority of the employer's employes in a collective bargaining unit (or their representatives) concerning representation or terms and conditions of employment of such employes, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

AB150-ASA, s. 3782e Section 3782e. 111.02 (3) of the statutes is amended to read:

AB150-ASA,1311,12 111.02 (3) "Collective bargaining unit" means all of the employes of one employer (employed within the state), except as provided in s. 111.05 (5) and except that where a majority of the employes engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employes in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

AB150-ASA, s. 3782f Section 3782f. 111.02 (6) (a) of the statutes is amended to read:

AB150-ASA,1311,18 111.02 (6) (a) "Employe" shall include any person, other than an independent contractor, working for another for hire in the state of Wisconsin in a nonconfidential, nonmanagerial, nonexecutive or and nonsupervisory capacity, and shall not be limited to the employes of a particular employer unless the context clearly indicates otherwise.

AB150-ASA, s. 3782g Section 3782g. 111.02 (7) of the statutes is amended to read:

AB150-ASA,1312,2 111.02 (7) The term "employer" means a person who engages the services of an employe and includes any person acting on behalf of an employer within the scope of his or her authority, express or implied, but shall not include the state or any political subdivision thereof, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. For purposes of this subsection, a person who engages the services of an employe includes the University of Wisconsin Hospitals and Clinics Authority.

AB150-ASA, s. 3782h Section 3782h. 111.02 (7m) of the statutes is created to read:

AB150-ASA,1312,9 111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employes of that authority under which all of the employes 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.

AB150-ASA, s. 3782i Section 3782i. 111.02 (9m) of the statutes is created to read:

AB150-ASA,1312,17 111.02 (9m) "Maintenance of membership agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employes of that authority which requires that all of the employes whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at 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 employes who are hired on or after the effective date of the agreement.

AB150-ASA, s. 3782j Section 3782j. 111.02 (10m) of the statutes is created to read:

AB150-ASA,1312,23 111.02 (10m) "Referendum" means a proceeding conducted by the commission in which employes of the University of Wisconsin Hospitals and Clinics Authority 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 or maintenance of membership agreement or to terminate such an agreement.

AB150-ASA, s. 3782k Section 3782k. 111.05 (2) of the statutes is amended to read:

AB150-ASA,1313,6 111.05 (2) Whenever Except as provided in sub. (5), whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employes in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB150-ASA, s. 3782L Section 3782L. 111.05 (3g) of the statutes is created to read:

AB150-ASA,1313,13 111.05 (3g) Notwithstanding subs. (3) and (4), if on June 30, 1997, there is a representative recognized or certified to represent any of the units specified in s. 111.825 (1) (f) 1., 5. or 9., that representative shall become the representative of the employes in the corresponding collective bargaining units specified in sub. (5) (a) 1. to 3., 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 at any time.

AB150-ASA, s. 3782m Section 3782m. 111.05 (5) of the statutes is created to read:

AB150-ASA,1313,17 111.05 (5) (a) Collective bargaining units for representation of the employes of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employes engaged in each of the following functions:

AB150-ASA,1313,18 1. Fiscal and staff services.

AB150-ASA,1313,19 2. Patient care.

AB150-ASA,1313,20 3. Science.

AB150-ASA,1314,4 (b) Collective bargaining units for representation of the employes of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for such employes is subject to approval of the commission. The commission shall not permit fragmentation of such collective bargaining units or creation of any such collective bargaining unit that is too small to provide adequate representation of employes. In approving such collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.

AB150-ASA, s. 3782n Section 3782n. 111.05 (6) of the statutes is created to read:

AB150-ASA,1314,15 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employes in any of the collective bargaining units that were combined to petition for an election under subs. (3) and (3g). 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.

AB150-ASA, s. 3782no Section 3782no. 111.06 (1) (c) 1. of the statutes is amended to read:

AB150-ASA,1315,23 111.06 (1) (c) 1. To encourage or discourage membership in any labor organization, employe 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 is not prohibited from entering into an all-union agreement with the voluntarily recognized representative of the employes in a collective bargaining unit, where at least a majority of such employes voting have voted affirmatively, by secret ballot, in favor of such 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 such an all-union agreement. Such authorization of an all-union agreement shall be deemed to continue thereafter, 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 such petition, the commission shall determine whether there is reasonable ground to believe that the employes concerned have changed their attitude toward the all-union agreement and upon so finding the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on any such referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may be continued in force thereafter, subject to the right to petition for a further vote by the procedure set forth in this subdivision. If the continuance of the all-union agreement is not thus supported on any such referendum, it is deemed terminated at the termination 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 employe of such employer, and each such all-union agreement shall be made subject to this duty of the commission. Any person interested may come before the commission as provided in s. 111.07 and ask the performance of this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

AB150-ASA, s. 3782p Section 3782p. 111.06 (1) (d) of the statutes is amended to read:

AB150-ASA,1316,8 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employes in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.

AB150-ASA, s. 3782q Section 3782q. 111.06 (1) (i) of the statutes is amended to read:

AB150-ASA,1316,16 111.06 (1) (i) To deduct labor organization dues or assessments from an employe's earnings, unless the employer has been presented with an individual order therefor, signed by the employe personally, and terminable at the end of any year of its life by the employe giving at least thirty days' written notice of such termination 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 such notice of termination.

AB150-ASA, s. 3782r Section 3782r. 111.06 (1) (m) of the statutes is created to read:

AB150-ASA,1316,19 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB150-ASA, s. 3782s Section 3782s. 111.06 (2) (i) of the statutes is amended to read:

AB150-ASA,1316,22 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.11 111.115 (2) or (3).

AB150-ASA, s. 3784 Section 3784. 111.07 (2) (b) 1. of the statutes is amended to read:

AB150-ASA,1317,10 111.07 (2) (b) 1. The commission shall have the power to issue subpoenas and administer oaths. Depositions may be taken in the manner prescribed by s. 101.02 (14) 103.005 (13) (c). No person may be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to the subpoena of the commission on the ground that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture under the laws of the state of Wisconsin; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or producing evidence, documentary or otherwise, before the commission in obedience to a subpoena issued by it; provided, that an individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

AB150-ASA, s. 3785m Section 3785m. 111.075 of the statutes is created to read:

AB150-ASA,1317,20 111.075 Fair-share and maintenance of membership agreements. (1) (a) No fair-share or maintenance of membership agreement may become effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30% of the employes in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.

AB150-ASA,1318,2 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible employes voting in a referendum shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible employes voting in a referendum shall vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible employes vote in favor of the agreement, a maintenance of membership agreement is authorized.

AB150-ASA,1318,16 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employes affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by employes or local labor organizations which may arise for actions taken by the employer 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.

AB150-ASA,1318,23 (d) Under each fair-share or maintenance of membership agreement, an employe who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the employe and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

AB150-ASA,1319,12 (2) (a) Once authorized, a fair-share or maintenance of membership agreement shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30% of the employes in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting employes required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB150-ASA,1319,20 (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any employe 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 employe covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB150-ASA,1319,23 (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.

AB150-ASA,1320,3 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the University of Wisconsin Hospitals and Clinics Authority to conduct the referenda provided for in this section.

AB150-ASA,1320,10 (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) (f) 1., 5. or 9., that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.05 (5) (a) 1. to 3. 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).

AB150-ASA,1320,12 (6) This section applies only in collective bargaining units comprised of employes of the University of Wisconsin Hospitals and Clinics Authority.

AB150-ASA, s. 3786e Section 3786e. 111.09 (1) of the statutes is amended to read:

AB150-ASA,1320,23 111.09 (1) The commission may adopt reasonable and proper rules and regulations 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. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee prescribed, established by rule, by the commission at a uniform rate of not less than 60 cents per page. All transcript fees shall be deposited into the general fund credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of 60 cents the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be deposited under credited to the appropriation in account under s. 20.425 (1) (g).

AB150-ASA, s. 3786s Section 3786s. 111.09 (2) of the statutes is amended to read:

AB150-ASA,1322,3 111.09 (2) The commission shall assess and collect a filing fee of $25 from the party or parties for filing a complaint alleging that an unfair labor practice has been committed under s. 111.06. The commission shall assess and collect a filing fee of $25 from the party or parties 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. 111.10. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.11. The commission shall assess and collect a filing fee for filing a request that the commission initiate arbitration under s. 111.10. For the performance of commission actions under ss. 111.10 and 111.11, 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. 111.06, the commission shall require that the party filing the complaint pay the entire fee. If such a 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 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 mediation or arbitration. A complaint or request for mediation or 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 credited to the appropriation account under s. 20.425 (1) (i).

AB150-ASA, s. 3787g Section 3787g. 111.10 of the statutes is amended to read:

AB150-ASA,1322,11 111.10 Arbitration. Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement may agree in writing to have the commission serve as arbitrator. Parties to a labor dispute may agree in writing to have the commission act or name arbitrators in all or any part of such dispute, and thereupon the commission shall have the power so to act. The commission shall appoint as arbitrators only competent, impartial and disinterested persons. Proceedings in any such arbitration shall be as provided in ch. 788.

AB150-ASA, s. 3787u Section 3787u. 111.11 (1) of the statutes is renumbered 111.11.

AB150-ASA, s. 3789b Section 3789b. 111.11 (2) of the statutes is renumbered 111.115 (3).

AB150-ASA, s. 3789bc Section 3789bc. 111.115 of the statutes is created to read:

AB150-ASA,1322,16 111.115 Notice of certain proposed lockouts or strikes. (1) In this subsection:

AB150-ASA,1322,22 (a) "Lockout" means the barring of one or more employes from their employment in an establishment by an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor organization or group of employes of the employer, or which continues or occurs after the termination of a strike or other job action of a labor organization or group of employes of the employer.

AB150-ASA,1323,2 (b) "Strike" includes any concerted stoppage of work by employes, and any concerted slowdown or other concerted interruption of operations or services by employes, or any concerted refusal of employes to work or perform their usual duties as employes, for the purpose of enforcing demands upon an employer.

AB150-ASA,1323,10 (2) If no collective bargaining agreement is in effect between the University of Wisconsin Hospitals and Clinics Authority and the recognized or certified representative of employes of that authority in a collective bargaining unit, the employer shall not engage in a lockout affecting employes in that collective bargaining unit without first giving 10 days' written notice to the representative of its intention to engage in a lockout, and the representative shall not engage in a strike without first giving 10 days' written notice to the employer of its intention to engage in a strike.

AB150-ASA, s. 3789m Section 3789m. 111.17 of the statutes is amended to read:

AB150-ASA,1323,14 111.17 Conflict of provisions; effect. Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, provided except that in:

AB150-ASA,1323,16 (1) In any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB150-ASA, s. 3789r Section 3789r. 111.17 (2) of the statutes is created to read:

AB150-ASA,1324,4 111.17 (2) All fringe benefits authorized or required to be provided by the University of Wisconsin Hospitals and Clinics Authority to its employes under ch. 40 shall be governed exclusively by ch. 40, except that where any provision of ch. 40 specifically permits a collective bargaining agreement under this subchapter to govern the eligibility for or the application, cost or terms of a fringe benefit under ch. 40, or provides that the eligibility for or the application, cost or terms of a fringe benefit under ch. 40 shall be governed by a collective bargaining agreement under this subchapter, a collective bargaining agreement may contain a provision so governing and such a provision supersedes any provision of ch. 40 with respect to the employes to whom the agreement applies. The employer is prohibited from engaging in collective bargaining concerning any matter governed exclusively by ch. 40 under this subsection.

AB150-ASA, s. 3790 Section 3790. 111.39 (2) of the statutes is amended to read:

AB150-ASA,1324,10 111.39 (2) In carrying out this subchapter the department and its duly authorized agents are empowered to hold hearings, subpoena witnesses, take testimony and make investigations in the manner provided in ch. 101 s. 103.005. The department or its duly authorized agents may privilege witnesses testifying before them under the provisions of this subchapter against self-incrimination.

AB150-ASA, s. 3791 Section 3791. 111.39 (4) (d) of the statutes is amended to read:

AB150-ASA,1324,19 111.39 (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 ch. 101 s. 103.005. 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 on the complainant together with an order dismissing the complaint.