Amendment AA26-ASA1-AB150

AB150-ASA1-AA26,163,11 e. Arbitration proceedings shall not be interrupted or terminated by reason of any prohibited practice complaint filed by either party at any time.

AB150-ASA1-AA26,163,14 f. The costs of arbitration shall be divided equally between the parties. The arbitrator shall submit a statement of his or her costs to both parties and to the commission.

AB150-ASA1-AA26,163,22 g. If a question arises as to whether any proposal made in negotiations by either party is a mandatory, permissive or prohibited subject of bargaining, the commission shall determine the issue pursuant to par. (b). If either party to the dispute petitions the commission for a declaratory ruling under par. (b), the proceedings under subd. 6. c. and d. shall be delayed until the commission renders a decision in the matter, but not during any appeal of the commission order. The arbitrator's award shall be made in accordance with the commission's ruling, subject to automatic amendment by any subsequent court reversal thereof.

AB150-ASA1-AA26,163,25 7. `Factors considered.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator shall give weight to the following factors:

AB150-ASA1-AA26,164,1 a. The lawful authority of the municipal employer.

AB150-ASA1-AA26,164,2 b. Stipulations of the parties.

AB150-ASA1-AA26,164,4 c. The interests and welfare of the public and the financial ability of the unit of government to meet the costs of any proposed settlement.

AB150-ASA1-AA26,164,7 d. Comparison of wages, hours and conditions of employment of the municipal employes involved in the arbitration proceedings with the wages, hours and conditions of employment of other employes performing similar services.

AB150-ASA1-AA26,164,11 e. Comparison of the wages, hours and conditions of employment of the municipal employes involved in the arbitration proceedings with the wages, hours and conditions of employment of other employes generally in public employment in the same community and in comparable communities.

AB150-ASA1-AA26,164,15 f. Comparison of the wages, hours and conditions of employment of the municipal employes involved in the arbitration proceedings with the wages, hours and conditions of employment of other employes in private employment in the same community and in comparable communities.

AB150-ASA1-AA26,164,17 g. The average consumer prices for goods and services, commonly known as the cost of living.

AB150-ASA1-AA26,164,21 h. The overall compensation presently received by the municipal employes, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

AB150-ASA1-AA26,164,24 hm. Any state law or directive lawfully issued by a state legislative or administrative officer, body or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer.

AB150-ASA1-AA26,165,2 i. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.

AB150-ASA1-AA26,165,7 j. Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment.

AB150-ASA1-AA26,165,9 8. `Rule making.' The commission shall adopt rules for the conduct of all arbitration proceedings under subd. 6., including, but not limited to, rules for:

AB150-ASA1-AA26,165,11 a. The appointment of tripartite arbitration panels when requested by the parties.

AB150-ASA1-AA26,165,13 b. The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.

AB150-ASA1-AA26,165,15 c. The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.

AB150-ASA1-AA26,165,16 d. Proceedings for the enforcement of arbitration decisions.

AB150-ASA1-AA26,165,23 8m. `Term of agreement; reopening of negotiations.' a. Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employes subject to this paragraph other than school district professional employes shall be for a term of 2 years. No collective bargaining agreement for any collective bargaining unit consisting of municipal employes subject to this paragraph other than school district professional employes shall be for a term exceeding 3 years.

AB150-ASA1-AA26,166,5 b. Except for the initial collective bargaining agreement between the parties, every collective bargaining agreement covering municipal employes who are school district professional employes shall be for a term of 2 years expiring on June 30 of the odd-numbered year. An initial collective bargaining agreement between parties covering municipal employes who are school district professional employes shall be for a term ending on June 30 following the effective date of the agreement, if that date is in an odd-numbered year, or otherwise on June 30 of the following year.

AB150-ASA1-AA26,166,11 c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB150-ASA1-AA26,166,24 8p. `Professional school employe salaries.' In every collective bargaining unit covering municipal employes who are school district professional employes in which the municipal employe positions were, on the effective date of this subdivision .... [revisor inserts date], assigned to salary ranges with steps that determine the levels of progression within each salary range, unless the parties otherwise agree, no new or modified collective bargaining agreement may contain any provision altering the salary range structure, the number of steps or the requirements for attaining a step or assignment of a position to a salary range, except that if the cost of funding the attainment of a step is greater than the amount required for the municipal employer to submit a qualified economic offer, the agreement may contain a provision altering the requirements for attaining a step to no greater extent than is required for the municipal employer to submit a qualified economic offer at the minimum possible cost to the municipal employer.

AB150-ASA1-AA26,167,21 8s. `Forms for determining costs.' The commission shall prescribe forms for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employes. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employes who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank or qualifications of the school district professional employes. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred. In each collective bargaining unit to which subd. 5s. applies, the municipal employer shall transmit to the commission and the labor organization a completed form for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to the school district professional employes covered by the agreement as soon as possible after the effective date of the agreement.

AB150-ASA1-AA26,167,23 9. `Application.' a. Chapter 788 does not apply to arbitration proceedings under this paragraph.

AB150-ASA1-AA26,168,3 b. This paragraph does not apply to labor disputes involving municipal employes of any county or municipal employes who are engaged in law enforcement or fire fighting functions.

AB150-ASA1-AA26, s. 3794m Section 3794m. 111.70 (4) (cn) of the statutes, as created by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,168,13 111.70 (4) (cn) Term of professional school employe agreements. Except for the initial collective bargaining agreement between the parties, every collective bargaining agreement covering municipal employes who are school district professional employes shall be for a term of 2 years expiring on June 30 of the odd-numbered year. An initial collective bargaining agreement between parties covering municipal employes who are school district professional employes shall be for a term ending on June 30 following the effective date of the agreement, if that date is in an odd-numbered year, or otherwise on June 30 of the following year.".

AB150-ASA1-AA26,168,14 503. Page 1314, line 6: delete lines 6 to 20 and substitute:

AB150-ASA1-AA26,168,15 " Section 3800am. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB150-ASA1-AA26,169,13 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employes in the same or several departments, divisions, institutions, crafts, professions or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employes concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any unit is group of municipal employes constitutes an appropriate collective bargaining unit if the unit group includes both municipal employes who are school district professional employes and municipal employes who are not school district professional employes. The commission shall not decide that any other group of municipal employes constitutes an appropriate collective bargaining unit if the group includes both professional employes and nonprofessional employes, unless a majority of the professional employes vote for inclusion in the unit. The commission shall not decide that any unit is group of municipal employes constitutes an appropriate collective bargaining unit if the unit group includes both craft employes and noncraft employes unless a majority of the craft employes vote".

AB150-ASA1-AA26,169,14 504. Page 1315, line 3: after that line insert:

AB150-ASA1-AA26,169,16 " Section 3800m. 111.70 (4) (L) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,169,21 111.70 (4) (L) Strikes prohibited. Except as authorized under par. (cm) 5. and 6. c., nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employe or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under sub. (7m).".

AB150-ASA1-AA26,169,22 505. Page 1315, line 21: after that line insert:

AB150-ASA1-AA26,169,23 " Section 3801am. 111.70 (4) (n) of the statutes is created to read:

AB150-ASA1-AA26,170,4 111.70 (4) (n) Permissive subjects of collective bargaining. The municipal employer is not required to bargain collectively with the representative of a collective bargaining unit consisting of school district professional employes with respect to the identity of any group health care benefits provider.

AB150-ASA1-AA26, s. 3801b Section 3801b. 111.70 (7) of the statutes, as affected by 1993 Wisconsin Act 16, is renumbered 111.70 (7) (a).

AB150-ASA1-AA26, s. 3801d Section 3801d. 111.70 (7) (b) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,170,10 111.70 (7) (b) This subsection applies only to municipal employes who are engaged in law enforcement or fire fighting functions.

AB150-ASA1-AA26, s. 3801f Section 3801f. 111.70 (7m) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,170,19 111.70 (7m) Injunctive relief; penalties; civil liability. (a) Injunction; prohibited strike. At any time after the commencement of a strike which is prohibited under sub. (4) (L), the municipal employer or any citizen directly affected by such strike may petition the circuit court for an injunction to immediately terminate the strike. If the court determines that the strike is prohibited under sub. (4) (L), it shall issue an order immediately enjoining the strike, and in addition shall impose the penalties provided in par. (c).

AB150-ASA1-AA26,171,6 (b) Injunction; threat to public health or safety. At any time after a labor organization gives advance notice of a strike under sub. (4) (cm) which is expressly authorized under sub. (4) (cm), the municipal employer or any citizen directly affected by such strike may petition the circuit court to enjoin the strike. If the court finds that the strike poses an imminent threat to the public health or safety, the court shall, within 48 hours after the receipt of the petition but after notice to the parties and after holding a hearing, issue an order immediately enjoining the strike, and in addition shall order the parties to submit a new final offer on all disputed issues to the commission for final and binding arbitration as provided in sub. (4) (cm). The commission, upon receipt of the final offers of the parties, shall transmit them to the arbitrator or a successor designated by the commission. The arbitrator shall omit preliminary steps and shall commence immediately to arbitrate the dispute.

AB150-ASA1-AA26,171,13 (c) Penalties. 1. `Labor organizations.' a. Any labor organization which violates sub. (4) (L) shall be penalized by the suspension of any dues check-off agreement and fair-share agreement between the municipal employer and such labor organization for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the municipal employes covered by such dues check-off or fair-share agreement or the agreement is no longer in effect.

AB150-ASA1-AA26,171,16 b. Any labor organization which violates sub. (4) (L) after an injunction has been issued shall be required to forfeit $2 per member per day, but not more than $10,000 per day. Each day of continued violation constitutes a separate offense.

AB150-ASA1-AA26,171,24 2. `Individuals.' Any individual who violates sub. (4) (L) after an injunction against a strike has been issued shall be fined $10. Each day of continued violation constitutes a separate offense. After the injunction has been issued, any municipal employe who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the municipal employer. The court shall order that any fine imposed under this subdivision be paid by means of a salary deduction at a rate to be determined by the court.

AB150-ASA1-AA26,172,5 3. `Strike in violation of award.' Any person who authorizes or otherwise participates in a strike after the issuance of any final and binding arbitration award or decision under sub. (4) (cm) and prior to the end of the term of the agreement which the award or decision amends or creates shall forfeit not less than $15. Each day of continued violation constitutes a separate offense.

AB150-ASA1-AA26,172,7 4. `Contempt of court.' The penalties provided in this paragraph do not preclude the imposition by the court of any penalty for contempt provided by law.

AB150-ASA1-AA26,172,10 (d) Compensation forfeited. No municipal employe may be paid wages or salaries by the municipal employer for the period during which he or she engages in any strike.

AB150-ASA1-AA26,172,15 (e) Civil liability. Any party refusing to include an arbitration award or decision under sub. (4) (cm) in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, shall be liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award or decision.

AB150-ASA1-AA26,172,18 (f) Application. This subsection does not apply to strikes involving municipal employes of any county or municipal employes who are engaged in law enforcement or fire fighting functions.

AB150-ASA1-AA26, s. 3801h Section 3801h. 111.70 (8) (a) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,172,25 111.70 (8) (a) This section, except subs. (1) (nm), (4) (cm) and (7m), applies to law enforcement supervisors employed by a 1st class city. This section, except subs. (1) (nm), (4) (cm) and (jm) and (7m), applies to law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the term "municipal employe" includes such a supervisor.".

AB150-ASA1-AA26,173,1 506. Page 1315, line 21: after that line insert:

AB150-ASA1-AA26,173,6 "5. Any decision of a school board or board of school directors to contract for the establishment of a charter school under s. 118.40, in which one or more of the employes of the charter school is not a school district employe, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employes who perform services for the school board or board of school directors.".

AB150-ASA1-AA26,173,8 507. Page 1316, line 8: delete the material beginning with that line and ending with page 1317, line 19 and substitute:

AB150-ASA1-AA26,173,10 " Section 3803p. 111.71 (2) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,173,22 111.71 (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.".

AB150-ASA1-AA26,173,23 508. Page 1318, line 1: after "2." insert "or (cm) 4.".

AB150-ASA1-AA26,173,24 509. Page 1319, line 4: after that line insert:

AB150-ASA1-AA26,174,2 " Section 3803u. 111.71 (3) (c) of the statutes, as affected by 1993 Wisconsin Act 16, section 2213p, is repealed and recreated to read:

AB150-ASA1-AA26,174,7 111.71 (3) (c) The council on municipal collective bargaining shall continuously review the operation of the dispute settlement procedures under s. 111.70 (4) (cm) and (7m). The council shall submit its recommendations with respect to any amendment to s. 111.70 (4) (cm) or (7m) to the chief clerk of each house of the legislature under s. 13.172 (2) at the commencement of each legislative session.

AB150-ASA1-AA26, s. 3803v Section 3803v. 111.71 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,174,14 111.71 (3) (d) The council on municipal collective bargaining shall review each pending legislative proposal relating to modification of the dispute settlement procedures under s. 111.70 (4) (cm) or (7m) and shall report its findings and recommendations relating to the proposal to the chief clerk of each house of the legislature for referral to the appropriate standing committees under s. 13.172 (3).

AB150-ASA1-AA26, s. 3803w Section 3803w. 111.71 (4) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,174,21 111.71 (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).

AB150-ASA1-AA26, s. 3803x Section 3803x. 111.71 (5) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,175,8 111.71 (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.

AB150-ASA1-AA26, s. 3805m Section 3805m. 111.77 (9) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed and recreated to read:

AB150-ASA1-AA26,175,12 111.77 (9) Section 111.70 (4) (c) 3. and (cm) shall not apply to employments covered by this section.".

AB150-ASA1-AA26,175,13 510. Page 1334, line 8: after that line insert:

AB150-ASA1-AA26,175,14 " Section 3844mc. 114.002 (4) of the statutes is repealed.

AB150-ASA1-AA26, s. 3844me Section 3844me. 114.002 (11) of the statutes is amended to read:

AB150-ASA1-AA26,175,18 114.002 (11) "Antique aircraft" means an aircraft more than 35 years old as determined by the which has a date of manufacture of 1944 or earlier and which is used solely for recreational or display purposes.

AB150-ASA1-AA26, s. 3844mg Section 3844mg. 114.002 (13) of the statutes is repealed.

AB150-ASA1-AA26, s. 3844mj Section 3844mj. 114.20 (1) (title) of the statutes is amended to read:

AB150-ASA1-AA26,175,21 114.20 (1) (title) Annual registration Registration required.

AB150-ASA1-AA26, s. 3844mm Section 3844mm. 114.20 (1) (a) of the statutes is amended to read:

AB150-ASA1-AA26,176,5 114.20 (1) (a) Except as provided under sub. (2), all aircraft based in this state shall be registered by the owner of the aircraft with the department annually on or before November 1 or, for aircraft with a maximum gross weight of not more than 3,000 pounds that are not subject to sub. (10), biennially on or before the first November 1. Annual registration fees shall be determined in accordance with sub. (9) or (10). Biennial registration fees shall be determined in accordance with sub. (9m).

AB150-ASA1-AA26, s. 3844mp Section 3844mp. 114.20 (1) (b) of the statutes is amended to read:

AB150-ASA1-AA26,176,10 114.20 (1) (b) Aircraft determined by the department to be based in this state shall be subject to the annual or biennial registration fees under sub. (9) or (9m). Aircraft which are determined to be not based in this state shall be exempt from the annual or biennial registration fees.

AB150-ASA1-AA26, s. 3844mr Section 3844mr. 114.20 (2) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,176,14 114.20 (2) (title) Exceptions to annual registration requirements. (intro.) The annual registration requirements under sub. (1) do not apply to aircraft based in this state that are:

AB150-ASA1-AA26, s. 3844mt Section 3844mt. 114.20 (2) (c) of the statutes is repealed.

AB150-ASA1-AA26, s. 3844mw Section 3844mw. 114.20 (5) of the statutes is amended to read:

AB150-ASA1-AA26,177,3 114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee of $5 to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. An additional administrative fee of $5 A late payment charge to be established by rule shall be charged assessed on all applications filed later than 30 days after the date of restoration.

AB150-ASA1-AA26, s. 3844mx Section 3844mx. 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA1-AA26,177,17 114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual or biennial registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. A late payment charge to be established by rule shall be assessed on all applications filed later than 30 days after the date of restoration.