Amendment AA21-SB44

SB44-AA21, s. 1967f Section 1967f. 111.70 (4) (cm) 5. of the statutes is amended to read:

SB44-AA21,13,8 111.70 (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 employees 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. and subd. 7r.

SB44-AA21, s. 1967g Section 1967g. 111.70 (4) (cm) 5s. of the statutes is repealed.

SB44-AA21, s. 1967h Section 1967h. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

SB44-AA21,14,2 111.70 (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.

SB44-AA21, s. 1967i Section 1967i. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

SB44-AA21,15,22 111.70 (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.

SB44-AA21, s. 1967j Section 1967j. 111.70 (4) (cm) 7. of the statutes is repealed.

SB44-AA21, s. 1967k Section 1967k. 111.70 (4) (cm) 7g. of the statutes is repealed.

SB44-AA21, s. 1967L Section 1967L. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:

SB44-AA21,16,3 111.70 (4) (cm) 7r. `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:

SB44-AA21, s. 1967m Section 1967m. 111.70 (4) (cm) 7r. hm. of the statutes is created to read:

SB44-AA21,16,7 111.70 (4) (cm) 7r. hm. In a school district, a determination as to which party's proposal best provides for a fundamental right to an equal opportunity for a sound basic education under article X, section 3, of the constitution.

SB44-AA21, s. 1967n Section 1967n. 111.70 (4) (cm) 7r. ie. of the statutes is created to read:

SB44-AA21,16,12 111.70 (4) (cm) 7r. ie. 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.

SB44-AA21, s. 1967o Section 1967o. 111.70 (4) (cm) 7r. ir. of the statutes is created to read:

SB44-AA21,16,15 111.70 (4) (cm) 7r. ir. Economic conditions in the jurisdiction of the municipal employer.

SB44-AA21, s. 1967p Section 1967p. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

SB44-AA21,17,6 111.70 (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 employees subject to this paragraph other than school district professional employees 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 employees subject to this paragraph other than school district professional employees 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.

SB44-AA21, s. 1967q Section 1967q. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

SB44-AA21, s. 1967r Section 1967r. 111.70 (4) (cm) 8p. of the statutes is repealed.

SB44-AA21, s. 1967s Section 1967s. 111.70 (4) (cm) 8s. of the statutes is repealed.

SB44-AA21, s. 1967t Section 1967t. 111.70 (4) (d) 2. a. of the statutes is amended to read:

SB44-AA21,18,14 111.70 (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 employees 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 employees 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 employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide , however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees 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 employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees 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.".

SB44-AA21,18,16 107. Page 775, line 2: delete the material beginning with "and," and ending with "(nc)" on line 3.

SB44-AA21,18,17 108. Page 775, line 13: after that line insert:

SB44-AA21,18,18 " Section 1985r. 111.70 (4) (p) of the statutes is created to read:

SB44-AA21,18,24 111.70 (4) (p) Additional mandatory subjects of bargaining in school districts. 1. In a school district, the municipal employer is required to bargain collectively with respect to education policy, except that no dispute relating to an education policy issue is subject to interest arbitration under par. (cm) 6. unless all parties to the dispute agree, in writing, to make such an issue subject to interest arbitration under par. (cm) 6.

SB44-AA21,19,5 2. Notwithstanding subd. 1., in a school district, if the municipal employer makes a proposal that provides that employee compensation or performance expectations are linked with student academic performance, the labor organization may include in its single final offer under par. (cm) 6. am. any proposal to meet the performance expectations, including a proposal affecting education policy.".

SB44-AA21,19,6 109. Page 783, line 22: delete that line.

SB44-AA21,19,8 110. Page 784, line 4: delete the material beginning with that line and ending with page 787, line 17.

SB44-AA21,19,9 111. Page 788, line 1: delete lines 1 to 20.

SB44-AA21,19,10 112. Page 789, line 21: after that line insert:

SB44-AA21,19,11 " Section 2008m. 118.245 of the statutes is repealed.".

SB44-AA21,19,13 113. Page 789, line 22: delete the material beginning with that line and ending with page 790, line 7.

SB44-AA21,19,14 114. Page 791, line 12: delete lines 12 to 25.

SB44-AA21,19,15 115. Page 792, line 13: delete lines 13 to 21.

SB44-AA21,19,17 116. Page 792, line 22: delete the material beginning with that line and ending with page 793, line 17.

SB44-AA21,19,20 117. Page 793, line 17: after that line, on page 21, line 1, of the material inserted by senate amendment 121 to senate substitute amendment 1, delete "118.245," and substitute "118.245,".

SB44-AA21,19,21 118. Page 793, line 18: delete lines 18 to 24.

SB44-AA21,19,22 119. Page 794, line 1: delete lines 1 to 3.

SB44-AA21,19,23 120. Page 795, line 9: delete lines 9 to 16.

SB44-AA21,20,1 121. Page 800, line 20: delete lines 20 to 25.

SB44-AA21,20,3 122. Page 801, line 1: delete lines 1 to 9, as affected by senate amendment 121 to senate substitute amendment 1.

SB44-AA21,20,4 123. Page 802, line 6: delete lines 6 to 11.

SB44-AA21,20,5 124. Page 802, line 13: delete lines 13 to 17 and substitute:

SB44-AA21,20,8 "121.905 (1) In this section, "revenue ceiling" means $6,700 $7,400 in the 2001-02 2003-04 school year and in any subsequent school year means $6,900 $7,800.".

SB44-AA21,20,9 125. Page 802, line 18: delete lines 18 to 23.

SB44-AA21,20,10 126. Page 803, line 1: delete lines 1 to 24.

SB44-AA21,20,11 127. Page 804, line 1: delete lines 1 to 17.

SB44-AA21,20,12 128. Page 987, line 6: delete lines 6 to 24.

SB44-AA21,20,13 129. Page 988, line 1: delete lines 1 to 4.

SB44-AA21,20,14 130. Page 1079, line 7: delete lines 7 to 13.

SB44-AA21,20,16 131. Page 1081, line 24: delete the material beginning with that line and ending with page 1083, line 6.

SB44-AA21,20,17 132. Page 1088, line 9: substitute "2" for "3".

SB44-AA21,20,18 133. Page 1088, line 9: substitute "2 members" for "one member".

SB44-AA21,20,19 134. Page 1089, line 1: delete lines 1 to 16.

SB44-AA21,20,21 135. Page 1102, line 18: delete the material beginning with that line and ending with page 1103, line 10.

SB44-AA21,20,22 136. Page 1116, line 9: delete lines 9 to 18.

SB44-AA21,21,1 137. Page 1124, line 7: delete lines 7 to 11.

SB44-AA21,21,2 138. Page 1126, line 24: delete "$30,000,000" and substitute "$11,216,400".

SB44-AA21,21,3 139. Page 1133, line 23: after that line insert:

SB44-AA21,21,9 "(1fq) Qualified economic offers. The treatment of section 111.70 (1) (b), (dm), (fm), and (nc) and (4) (cm) 5., 5s., 6. a. and am., 7., 7g., 7r. (intro.), ie., and ir., 8m. a., b., and c., 8p., and 8s. and (d) 2. a. of the statutes first applies to petitions for arbitration that relate to collective bargaining agreements that cover periods beginning on or after July 1, 2003, and that are filed under section 111.70 (4) (cm) 6. of the statutes, as affected by this act, on the effective date of this subsection.".

SB44-AA21,21,10 140. Page 1134, line 2: after "(a)" insert "and (4) (cm) 7r. hm. and (p)".

SB44-AA21,21,11 141. Page 1134, line 17: delete lines 17 to 20.

SB44-AA21,21,12 142. Page 1136, line 12: delete lines 12 to 18.

SB44-AA21,21,13 143. Page 1138, line 7: delete lines 7 to 9.

SB44-AA21,21,14 144. Page 1138, line 10: delete lines 10 and 11.

SB44-AA21,21,15 145. Page 1147, line 11: delete lines 11 and 12.

SB44-AA21,21,16 146. Page 1147, line 20: delete lines 20 to 22.

SB44-AA21,21,17 147. Page 1149, line 19: delete lines 19 to 21.

SB44-AA21,21,18 148. Page 1150, line 5: delete "(dd)" and substitute "(db)".

SB44-AA21,21,19 149. Page 1150, line 10: delete lines 10 to 13.

SB44-AA21,21,20 150. Page 1150, line 14: before that line insert:

SB44-AA21,21,22 "(4q) Sales and use tax rates. The treatment of sections 77.52 (1) and (2) (intro.) and 77.53 (1) of the statutes takes effect on September 1, 2003.".

SB44-AA21,22,1 151. Page 1154, line 15: after that line, do not insert:

SB44-AA21,22,11 Enrolling instruction to legislative reference bureau. In enrolling this bill, the legislative reference bureau shall change the amounts of the estimated expenditures for "Compensation Reserves" shown in the schedule under section 20.005 (1) of the statutes to increase the amount shown for general purpose revenue by $6,660,000 in fiscal year 2003-04 and by $13,340,000 in fiscal year 2004-05; for program revenue by $5,115,400 in fiscal year 2003-04 and by $10,246,300 in fiscal year 2004-05; for federal revenue by $1,699,800 in fiscal year 2003-04 and by $3,404,800 in fiscal year 2004-05; and for segregated revenue by $1,026,900 in fiscal year 2003-04 and $2,056,800 in fiscal year 2004-05. The bureau shall not insert this instruction into the text of the enrolled bill.

SB44-AA21,22,12 (End)