AB768-SA40,1,4 31. Page 278, line 20: delete the material beginning with that line and ending
4with page 281, line 14, and substitute:
AB768-SA40,1,5 5" Section 355d. 111.70 (1) (b) of the statutes is amended to read:
AB768-SA40,1,96 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal
7employes who are school district professional employes or of municipal employes who
8are not school district professional employes
that is determined by the commission
9to be appropriate for the purpose of collective bargaining.
AB768-SA40, s. 355e 10Section 355e. 111.70 (1) (dm) of the statutes is repealed.
AB768-SA40, s. 355f 11Section 355f. 111.70 (1) (nc) of the statutes is repealed.
AB768-SA40, s. 355g 12Section 355g. 111.70 (4) (cm) 5. of the statutes is amended to read:
AB768-SA40,2,10
1111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
2other impasse resolution procedures provided in this paragraph, a municipal
3employer and labor organization may at any time, as a permissive subject of
4bargaining, agree in writing to a dispute settlement procedure, including
5authorization for a strike by municipal employes or binding interest arbitration,
6which is acceptable to the parties for resolving an impasse over terms of any
7collective bargaining agreement under this subchapter. A copy of such agreement
8shall be filed by the parties with the commission. If the parties agree to any form of
9binding interest arbitration, the arbitrator shall give weight to the factors
10enumerated under subds. subd. 7., 7g. and 7r.
AB768-SA40, s. 355h 11Section 355h. 111.70 (4) (cm) 5s. of the statutes is repealed.
AB768-SA40, s. 355i 12Section 355i. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
AB768-SA40,3,313 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one
14or more issues, qualifying for interest arbitration under subd. 5s. in a collective
15bargaining unit to which subd. 5s. applies,
has not been settled after a reasonable
16period of negotiation and after mediation by the commission under subd. 3. and other
17settlement procedures, if any, established by the parties have been exhausted, and
18the parties are deadlocked with respect to any dispute between them over wages,
19hours and conditions of employment to be included in a new collective bargaining
20agreement, either party, or the parties jointly, may petition the commission, in
21writing, to initiate compulsory, final and binding arbitration, as provided in this
22paragraph. At the time the petition is filed, the petitioning party shall submit in
23writing to the other party and the commission its preliminary final offer containing
24its latest proposals on all issues in dispute. Within 14 calendar days after the date
25of that submission, the other party shall submit in writing its preliminary final offer

1on all disputed issues to the petitioning party and the commission. If a petition is
2filed jointly, both parties shall exchange their preliminary final offers in writing and
3submit copies to the commission at the time the petition is filed.
AB768-SA40, s. 355j 4Section 355j. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
AB768-SA40,4,235 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
6commission shall make an investigation, with or without a formal hearing, to
7determine whether arbitration should be commenced. If in determining whether an
8impasse exists the commission finds that the procedures set forth in this paragraph
9have not been complied with and such compliance would tend to result in a
10settlement, it may order such compliance before ordering arbitration. The validity
11of any arbitration award or collective bargaining agreement shall not be affected by
12failure to comply with such procedures. Prior to the close of the investigation each
13party shall submit in writing to the commission its single final offer containing its
14final proposals on all issues in dispute that are subject to interest arbitration under
15this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s.
16applies
. If a party fails to submit a single, ultimate final offer, the commission shall
17close the investigation based on the last written position of the party. The municipal
18employer may not submit a qualified economic offer under subd. 5s. after the close
19of the investigation.
Such final offers may include only mandatory subjects of
20bargaining, except that a permissive subject of bargaining may be included by a
21party if the other party does not object and shall then be treated as a mandatory
22subject. No later than such time, the parties shall also submit to the commission a
23stipulation, in writing, with respect to all matters which are agreed upon for
24inclusion in the new or amended collective bargaining agreement. The commission,
25after receiving a report from its investigator and determining that arbitration should

1be commenced, shall issue an order requiring arbitration and immediately submit
2to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
3alternately strike names until a single name is left, who shall be appointed as
4arbitrator. The petitioning party shall notify the commission in writing of the
5identity of the arbitrator selected. Upon receipt of such notice, the commission shall
6formally appoint the arbitrator and submit to him or her the final offers of the
7parties. The final offers shall be considered public documents and shall be available
8from the commission. In lieu of a single arbitrator and upon request of both parties,
9the commission shall appoint a tripartite arbitration panel consisting of one member
10selected by each of the parties and a neutral person designated by the commission
11who shall serve as a chairperson. An arbitration panel has the same powers and
12duties as provided in this section for any other appointed arbitrator, and all
13arbitration decisions by such panel shall be determined by majority vote. In lieu of
14selection of the arbitrator by the parties and upon request of both parties, the
15commission shall establish a procedure for randomly selecting names of arbitrators.
16Under the procedure, the commission shall submit a list of 7 arbitrators to the
17parties. Each party shall strike one name from the list. From the remaining 5
18names, the commission shall randomly appoint an arbitrator. Unless both parties
19to an arbitration proceeding otherwise agree in writing, every individual whose
20name is submitted by the commission for appointment as an arbitrator shall be a
21resident of this state at the time of submission and every individual who is
22designated as an arbitration panel chairperson shall be a resident of this state at the
23time of designation.
AB768-SA40, s. 355k 24Section 355k. 111.70 (4) (cm) 7. of the statutes is repealed.
AB768-SA40, s. 355L 25Section 355L. 111.70 (4) (cm) 7g. of the statutes is repealed.
AB768-SA40, s. 355m
1Section 355m. 111.70 (4) (cm) 7r. of the statutes is renumbered 111.70 (4) (cm)
27., and 111.70 (4) (cm) 7. (intro.), as renumbered, is amended to read:
AB768-SA40,5,53 111.70 (4) (cm) 7. (title) `Other factors Factors considered.' (intro.) In making
4any decision under the arbitration procedures authorized by this paragraph, the
5arbitrator or arbitration panel shall also give weight to the following factors:
AB768-SA40, s. 355n 6Section 355n. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
7renumbered 111.70 (4) (cm) 8m. and amended to read:
AB768-SA40,5,208 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
9the initial collective bargaining agreement between the parties and except as the
10parties otherwise agree, every collective bargaining agreement covering municipal
11employes subject to this paragraph other than school district professional employes
12shall be for a term of 2 years. No, but in no case may a collective bargaining
13agreement for any collective bargaining unit consisting of municipal employes
14subject to this paragraph other than school district professional employes shall be
15for a term exceeding 3 years. c. No arbitration award may contain a provision for
16reopening of negotiations during the term of a collective bargaining agreement,
17unless both parties agree to such a provision. The requirement for agreement by both
18parties does not apply to a provision for reopening of negotiations with respect to any
19portion of an agreement that is declared invalid by a court or administrative agency
20or rendered invalid by the enactment of a law or promulgation of a federal regulation.
AB768-SA40, s. 355p 21Section 355p. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
AB768-SA40, s. 355q 22Section 355q. 111.70 (4) (cm) 8p. of the statutes is repealed.
AB768-SA40, s. 355r 23Section 355r. 111.70 (4) (cm) 8s. of the statutes is amended to read:
AB768-SA40,6,2024 111.70 (4) (cm) 8s. `Forms for determining costs.' The commission shall
25prescribe forms for calculating the total increased cost to the municipal employer of

1compensation and fringe benefits provided to school district professional employes.
2The cost shall be determined based upon the total cost of compensation and fringe
3benefits provided to school district professional employes who are represented by a
4labor organization on the 90th day before expiration of any previous collective
5bargaining agreement between the parties, or who were so represented if the
6effective date is retroactive, or the 90th day prior to commencement of negotiations
7if there is no previous collective bargaining agreement between the parties, without
8regard to any change in the number, rank or qualifications of the school district
9professional employes. For purposes of such determinations, any cost increase that
10is incurred on any day other than the beginning of the 12-month period commencing
11with the effective date of the agreement or any succeeding 12-month period
12commencing on the anniversary of that effective date shall be calculated as if the cost
13increase were incurred as of the beginning of the 12-month period beginning on the
14effective date or anniversary of the effective date in which the cost increase is
15incurred. In each collective bargaining unit to which subd. 5s. applies, the municipal
16employer shall transmit to the commission and the labor organization a completed
17form for calculating the total increased cost to the municipal employer of
18compensation and fringe benefits provided to the school district professional
19employes covered by the agreement as soon as possible after the effective date of the
20agreement.
AB768-SA40, s. 355s 21Section 355s. 111.70 (4) (cn) of the statutes is repealed.
AB768-SA40, s. 355t 22Section 355t. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB768-SA40,7,2523 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
24bargaining unit for the purpose of collective bargaining and shall whenever possible,
25unless otherwise required under this subchapter, avoid fragmentation by

1maintaining as few collective bargaining units as practicable in keeping with the size
2of the total municipal work force. In making such a determination, the commission
3may decide whether, in a particular case, the municipal employes in the same or
4several departments, divisions, institutions, crafts, professions or other
5occupational groupings constitute a collective bargaining unit. Before making its
6determination, the commission may provide an opportunity for the municipal
7employes concerned to determine, by secret ballot, whether or not they desire to be
8established as a separate collective bargaining unit. The commission shall not
9decide, however, that any group of municipal employes constitutes an appropriate
10collective bargaining unit if the group includes both municipal employes who are
11school district professional employes and municipal employes who are not school
12district professional employes.
The commission shall not decide , however, that any
13other group of municipal employes constitutes an appropriate collective bargaining
14unit if the group includes both professional employes and nonprofessional employes,
15unless a majority of the professional employes vote for inclusion in the unit. The
16commission shall not decide that any group of municipal employes constitutes an
17appropriate collective bargaining unit if the group includes both craft employes and
18noncraft employes unless a majority of the craft employes vote for inclusion in the
19unit. The commission shall place the professional employes who are assigned to
20perform any services at a charter school, as defined in s. 115.001 (1), in a separate
21collective bargaining unit from a unit that includes any other professional employes
22whenever at least 30% of those professional employes request an election to be held
23to determine that issue and a majority of the professional employes at the charter
24school who cast votes in the election decide to be represented in a separate collective
25bargaining unit. Any vote taken under this subsection shall be by secret ballot.".
AB768-SA40,8,1
12. Page 511, line 20: after that line insert:
AB768-SA40,8,2 2" Section 9116. Nonstatutory provisions; employment relations
commission.
AB768-SA40,8,7 3(1c) Qualified economic offers. The employment relations commission may
4not accept any petition for arbitration filed under section 111.70 (4) (cm) 6. of the
5statutes, in any collective bargaining unit concerning a labor dispute about which
6the commission has, prior to the effective date of this subsection, already accepted
7a petition for arbitration filed under section 111.70 (4) (cm) 6. of the statutes.".
AB768-SA40,8,9 83. Page 560, line 24: delete the material beginning with that line and ending
9with page 561, line 2, and substitute:
AB768-SA40,8,15 10"(2d) Qualified economic offers. The treatment of section 111.70 (1) (b), (dm)
11and (nc) and (4) (cm) 5., 5s., 6. a. and am., 7., 7g., 7r., 8m. b., 8p. and 8s., (cn) and (d)
122. a. of the statutes and the consolidation and renumbering of section 111.70 (4) (cm)
138m. a. and c. of the statutes first apply to petitions for arbitration filed under section
14111.70 (4) (cm) 6. of the statutes, as affected by this act, on the effective date of this
15subsection.".
Loading...
Loading...