Amendment SA40-AB768

LRBb3252/1

RAC:jlg:ch

1997 - 1998 LEGISLATURE

SENATE AMENDMENT 40, TO 1997 ASSEMBLY BILL 768

May 7, 1998 - Offered by Senator Wineke.

AB768-SA40,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB768-SA40,1,4 1. Page 278, line 20: delete the material beginning with that line and ending with page 281, line 14, and substitute:

AB768-SA40,1,5 " Section 355d. 111.70 (1) (b) of the statutes is amended to read:

AB768-SA40,1,9 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employes who are school district professional employes or of municipal employes who are not school district professional employes that is determined by the commission to be appropriate for the purpose of collective bargaining.

AB768-SA40, s. 355e Section 355e. 111.70 (1) (dm) of the statutes is repealed.

AB768-SA40, s. 355f Section 355f. 111.70 (1) (nc) of the statutes is repealed.

AB768-SA40, s. 355g Section 355g. 111.70 (4) (cm) 5. of the statutes is amended to read:

AB768-SA40,2,10 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employes or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. subd. 7., 7g. and 7r.

AB768-SA40, s. 355h Section 355h. 111.70 (4) (cm) 5s. of the statutes is repealed.

AB768-SA40, s. 355i Section 355i. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

AB768-SA40,3,3 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.

AB768-SA40, s. 355j Section 355j. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

AB768-SA40,4,23 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

AB768-SA40, s. 355k Section 355k. 111.70 (4) (cm) 7. of the statutes is repealed.

AB768-SA40, s. 355L Section 355L. 111.70 (4) (cm) 7g. of the statutes is repealed.

AB768-SA40, s. 355m Section 355m. 111.70 (4) (cm) 7r. of the statutes is renumbered 111.70 (4) (cm) 7., and 111.70 (4) (cm) 7. (intro.), as renumbered, is amended to read:

AB768-SA40,5,5 111.70 (4) (cm) 7. (title) `Other factors Factors considered.' (intro.) In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:

AB768-SA40, s. 355n Section 355n. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

AB768-SA40,5,20 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' 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, but in no case may a 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. 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.

AB768-SA40, s. 355p Section 355p. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

AB768-SA40, s. 355q Section 355q. 111.70 (4) (cm) 8p. of the statutes is repealed.

AB768-SA40, s. 355r Section 355r. 111.70 (4) (cm) 8s. of the statutes is amended to read:

AB768-SA40,6,20 111.70 (4) (cm) 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.

AB768-SA40, s. 355s Section 355s. 111.70 (4) (cn) of the statutes is repealed.

AB768-SA40, s. 355t Section 355t. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB768-SA40,7,25 111.70 (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 group of municipal employes constitutes an appropriate collective bargaining unit if the 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 , however, 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 group of municipal employes constitutes an appropriate collective bargaining unit if the group includes both craft employes and noncraft employes unless a majority of the craft employes vote for inclusion in the unit. The commission shall place the professional employes who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employes whenever at least 30% of those professional employes request an election to be held to determine that issue and a majority of the professional employes at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.".

AB768-SA40,8,1 2. Page 511, line 20: after that line insert:

AB768-SA40,8,2 " Section 9116. Nonstatutory provisions; employment relations commission.

AB768-SA40,8,7 (1c) Qualified economic offers. The employment relations commission may not accept any petition for arbitration filed under section 111.70 (4) (cm) 6. of the statutes, in any collective bargaining unit concerning a labor dispute about which the commission has, prior to the effective date of this subsection, already accepted a petition for arbitration filed under section 111.70 (4) (cm) 6. of the statutes.".

AB768-SA40,8,9 3. Page 560, line 24: delete the material beginning with that line and ending with page 561, line 2, and substitute:

AB768-SA40,8,15 "(2d) Qualified economic offers. The treatment of section 111.70 (1) (b), (dm) and (nc) and (4) (cm) 5., 5s., 6. a. and am., 7., 7g., 7r., 8m. b., 8p. and 8s., (cn) and (d) 2. a. of the statutes and the consolidation and renumbering of section 111.70 (4) (cm) 8m. a. and c. of the statutes first apply to petitions for arbitration filed under section 111.70 (4) (cm) 6. of the statutes, as affected by this act, on the effective date of this subsection.".

AB768-SA40,8,16 (End)