Amendment SSA1-SB318

LRBs0362/1

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1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 318

January 7, 1998 - Offered by Senator C. Potter.

SB318-SSA1,1,7 An Act to repeal 111.70 (1) (nc) 1. b., 111.70 (1) (nc) 1. c., 111.70 (1) (nc) 2., 111.70 (4) (cm) 7. and 111.70 (4) (cm) 7g.; to renumber 111.70 (1) (nc) 1. a.; to renumber and amend 111.70 (1) (nc) 1. (intro.); to amend 111.70 (4) (cm) 5. and 111.70 (4) (cm) 5s.; and to create 111.70 (1) (nc) 2m., 111.70 (1) (nd), 111.70 (4) (cm) 7m., 111.70 (4) (cm) 8t. and 121.91 (4) (g) of the statutes; relating to: qualified economic offers under the municipal employment relations act and the calculation of school district revenue limits.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB318-SSA1, s. 1 Section 1. 111.70 (1) (nc) 1. (intro.) of the statutes is renumbered 111.70 (1) (nc) (intro.) and amended to read:

SB318-SSA1,1,12 111.70 (1) (nc) (intro.) "Qualified economic offer" means an offer made to a labor organization by a municipal employer that includes all of the following , except as provided in subd. 2.:

SB318-SSA1, s. 2 Section 2. 111.70 (1) (nc) 1. a. of the statutes is renumbered 111.70 (1) (nc) 1.

SB318-SSA1, s. 3 Section 3. 111.70 (1) (nc) 1. b. of the statutes is repealed.

SB318-SSA1, s. 4 Section 4. 111.70 (1) (nc) 1. c. of the statutes is repealed.

SB318-SSA1, s. 5 Section 5. 111.70 (1) (nc) 2. of the statutes is repealed.

SB318-SSA1, s. 6 Section 6. 111.70 (1) (nc) 2m. of the statutes is created to read:

SB318-SSA1,2,13 111.70 (1) (nc) 2m. a. In any collective bargaining unit in which the municipal employe positions are assigned to salary ranges with steps that determine the levels of progression within each salary range during a 12-month period, a proposal to provide for an increase in the minimum and maximum amounts of the salary range and an increase in the amounts of the steps within the salary range at least equivalent to 2.1% or the rate of inflation, whichever is greater, for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement.

SB318-SSA1,2,20 b. In any collective bargaining unit not subject to subd. 2m. a., a proposal to provide for a salary increase for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for each municipal employe in the collective bargaining unit for each 12-month period covered by the proposed collective bargaining agreement at least equivalent to 2.1% or the rate of inflation, whichever is greater.

SB318-SSA1, s. 7 Section 7. 111.70 (1) (nd) of the statutes is created to read:

SB318-SSA1,3,2 111.70 (1) (nd) "Rate of inflation" means a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the last day of the 3rd month preceding the first day of the first month of any 12-month period covered by a proposed collective bargaining agreement.

SB318-SSA1, s. 8 Section 8. 111.70 (4) (cm) 5. of the statutes is amended to read:

SB318-SSA1,3,13 111.70 (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. 7., 7g. 7m. and 7r.

SB318-SSA1, s. 9 Section 9. 111.70 (4) (cm) 5s. of the statutes is amended to read:

SB318-SSA1,5,3 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employes, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator, using the methodology prescribed under subd. 8t., finds that the municipal employer has submitted a qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a qualified economic offer applicable to any period beginning on or after July 1, 1993, no economic issues are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employes in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours or conditions of employment of the school district professional employes in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the 90-day period prior to expiration of the period included within a qualified economic offer, operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6.

SB318-SSA1, s. 10 Section 10. 111.70 (4) (cm) 7. of the statutes is repealed.

SB318-SSA1, s. 11 Section 11. 111.70 (4) (cm) 7g. of the statutes is repealed.

SB318-SSA1, s. 12 Section 12. 111.70 (4) (cm) 7m. of the statutes is created to read:

SB318-SSA1,5,10 111.70 (4) (cm) 7m. `Factors given greater weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give greater weight to both of the following than to any of the factors specified in subd. 7r:

SB318-SSA1,5,13 a. 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.

SB318-SSA1,5,14 b. Economic conditions in the jurisdiction of the municipal employer.

SB318-SSA1, s. 13 Section 13. 111.70 (4) (cm) 8t. of the statutes is created to read:

SB318-SSA1,5,19 111.70 (4) (cm) 8t. `Methodology for determining qualified economic offers.' The commission shall prescribe by rule a methodology to be used in determining whether a collective bargaining proposal submitted by a municipal employer to a labor organization constitutes a qualified economic offer.

SB318-SSA1, s. 14 Section 14. 121.91 (4) (g) of the statutes is created to read:

SB318-SSA1,5,22 121.91 (4) (g) 1. In this paragraph, "school district professional employes" has the meaning given in s. 111.70 (1) (ne).

SB318-SSA1,6,3 2. The limit otherwise applicable to a school district's revenue in the current school year under sub. (2m) is increased by the amount necessary to cover the cost of the salary increase for school district professional employes under s. 111.70 (1) (nc) 2m. and to cover any increased cost required to maintain the percentage contribution to existing fringe benefit costs and to maintain all fringe benefits under s. 111.70 (1) (nc) 1.

SB318-SSA1, s. 15 Section 15. Initial applicability.

SB318-SSA1,6,9 (1) Qualified economic offers. The treatment of section 111.70 (1) (nc) 1. (intro.), a., b. and c., 2. and 2m. and (nd) and (4) (cm) 5s., 7., 7g., 7m. and 8t. of the statutes first applies to petitions for arbitration filed under section 111.70 (4) (cm) 6. of the statutes relating to collective bargaining agreements that cover periods of time beginning after June 30, 1998.

SB318-SSA1,6,12 (2) School district revenue limit. The treatment of section 121.91 (4) (g) of the statutes first applies to the calculation of a school district's revenue limit for the 1998-99 school year.

SB318-SSA1,6,13 (End)