LRBb0606/1
CMH/PG/MJL:cs:ch
2005 - 2006 LEGISLATURE
ASSEMBLY AMENDMENT 7,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 100
June 21, 2005 - Offered by Representatives Kreuser and Richards.
AB100-ASA1-AA7,2,115
13.101
(6) (a) As an emergency measure necessitated by decreased state
6revenues and to prevent the necessity for a state tax on general property, the
7committee may reduce any appropriation made to any board, commission,
8department, or the University of Wisconsin System, or to any other state agency or
9activity, by such amount as it deems feasible, not exceeding 25% of the
10appropriations, except appropriations made by ss. 20.255 (2) (ac),
(af), (bc), (bh), (cg),
11(cr), and (r)
, and (qr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to
12(ax), and (6) (af), (aq),
and (ar),
and (au), 20.435 (6) (a) and (7) (da), and 20.445 (3)
1(a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys
2distributed to any county, city, village, town, or school district. Appropriations of
3receipts and of a sum sufficient shall for the purposes of this section be regarded as
4equivalent to the amounts expended under such appropriations in the prior fiscal
5year which ended June 30. All functions of said state agencies shall be continued in
6an efficient manner, but because of the uncertainties of the existing situation no
7public funds should be expended or obligations incurred unless there shall be
8adequate revenues to meet the expenditures therefor. For such reason the committee
9may make reductions of such appropriations as in its judgment will secure sound
10financial operations of the administration for said state agencies and at the same
11time interfere least with their services and activities.".
AB100-ASA1-AA7,2,20
19"
Section 180m. 20.255 (2) (cr) of the statutes is renumbered 20.255 (2) (qr) and
20amended to read:
AB100-ASA1-AA7,2,2321
20.255
(2) (qr)
Aid for pupil transportation. The From the transportation fund,
22the amounts in the schedule for the payment of state aid for transportation of public
23and private school pupils under subch. IV of ch. 121.".
AB100-ASA1-AA7,3,74
111.70
(1) (b) "Collective bargaining unit" means
a the unit
consisting of
5municipal employees who are school district professional employees or of municipal
6employees who are not school district professional employees that is determined by
7the commission to be appropriate for the purpose of collective bargaining.
AB100-ASA1-AA7,4,413
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
1of that submission, the other party shall submit in writing its preliminary final offer
2on all disputed issues to the petitioning party and the commission. If a petition is
3filed jointly, both parties shall exchange their preliminary final offers in writing and
4submit copies to the commission at the time the petition is filed.
AB100-ASA1-AA7,5,246
111.70
(4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
7commission shall make an investigation, with or without a formal hearing, to
8determine whether arbitration should be commenced. If in determining whether an
9impasse exists the commission finds that the procedures set forth in this paragraph
10have not been complied with and such compliance would tend to result in a
11settlement, it may order such compliance before ordering arbitration. The validity
12of any arbitration award or collective bargaining agreement shall not be affected by
13failure to comply with such procedures. Prior to the close of the investigation each
14party shall submit in writing to the commission its single final offer containing its
15final proposals on all issues in dispute that are subject to interest arbitration under
16this subdivision
or under subd. 5s. in collective bargaining units to which subd. 5s.
17applies. If a party fails to submit a single, ultimate final offer, the commission shall
18close the investigation based on the last written position of the party.
The municipal
19employer may not submit a qualified economic offer under subd. 5s. after the close
20of the investigation. Such final offers may include only mandatory subjects of
21bargaining, except that a permissive subject of bargaining may be included by a
22party if the other party does not object and shall then be treated as a mandatory
23subject. No later than such time, the parties shall also submit to the commission a
24stipulation, in writing, with respect to all matters which are agreed upon for
25inclusion in the new or amended collective bargaining agreement. The commission,
1after receiving a report from its investigator and determining that arbitration should
2be commenced, shall issue an order requiring arbitration and immediately submit
3to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
4alternately strike names until a single name is left, who shall be appointed as
5arbitrator. The petitioning party shall notify the commission in writing of the
6identity of the arbitrator selected. Upon receipt of such notice, the commission shall
7formally appoint the arbitrator and submit to him or her the final offers of the
8parties. The final offers shall be considered public documents and shall be available
9from the commission. In lieu of a single arbitrator and upon request of both parties,
10the commission shall appoint a tripartite arbitration panel consisting of one member
11selected by each of the parties and a neutral person designated by the commission
12who shall serve as a chairperson. An arbitration panel has the same powers and
13duties as provided in this section for any other appointed arbitrator, and all
14arbitration decisions by such panel shall be determined by majority vote. In lieu of
15selection of the arbitrator by the parties and upon request of both parties, the
16commission shall establish a procedure for randomly selecting names of arbitrators.
17Under the procedure, the commission shall submit a list of 7 arbitrators to the
18parties. Each party shall strike one name from the list. From the remaining 5
19names, the commission shall randomly appoint an arbitrator. Unless both parties
20to an arbitration proceeding otherwise agree in writing, every individual whose
21name is submitted by the commission for appointment as an arbitrator shall be a
22resident of this state at the time of submission and every individual who is
23designated as an arbitration panel chairperson shall be a resident of this state at the
24time of designation.
AB100-ASA1-AA7, s. 1849b
1Section 1849b. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
2renumbered 111.70 (4) (cm) 8m. and amended to read:
AB100-ASA1-AA7,6,163
111.70
(4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
4the initial collective bargaining agreement between the parties
and, except as the
5parties otherwise agree
, and except as provided in par. (cn), every collective
6bargaining agreement covering municipal employees subject to this paragraph
other
7than school district professional employees shall be for a term of 2 years
. No, but in
8no case may a collective bargaining agreement for any collective bargaining unit
9consisting of municipal employees
subject to this paragraph other than school
10district professional employees shall be for a term exceeding 3 years.
c. No
11arbitration award may contain a provision for reopening of negotiations during the
12term of a collective bargaining agreement, unless both parties agree to such a
13provision. The requirement for agreement by both parties does not apply to a
14provision for reopening of negotiations with respect to any portion of an agreement
15that is declared invalid by a court or administrative agency or rendered invalid by
16the enactment of a law or promulgation of a federal regulation.
AB100-ASA1-AA7,7,2421
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
22bargaining unit for the purpose of collective bargaining and shall whenever possible,
23unless otherwise required under this subchapter, avoid fragmentation by
24maintaining as few collective bargaining units as practicable in keeping with the size
25of the total municipal work force. In making such a determination, the commission
1may decide whether, in a particular case, the municipal employees in the same or
2several departments, divisions, institutions, crafts, professions
, or other
3occupational groupings constitute a collective bargaining unit. Before making its
4determination, the commission may provide an opportunity for the municipal
5employees concerned to determine, by secret ballot, whether or not they desire to be
6established as a separate collective bargaining unit.
The commission shall not
7decide, however, that any group of municipal employees constitutes an appropriate
8collective bargaining unit if the group includes both municipal employees who are
9school district professional employees and municipal employees who are not school
10district professional employees. The commission shall not decide
, however, that any
11other group of municipal employees constitutes an appropriate collective bargaining
12unit if the group includes both professional employees and nonprofessional
13employees, unless a majority of the professional employees vote for inclusion in the
14unit. The commission shall not decide that any group of municipal employees
15constitutes an appropriate collective bargaining unit if the group includes both craft
16employees and noncraft employees unless a majority of the craft employees vote for
17inclusion in the unit. The commission shall place the professional employees who are
18assigned to perform any services at a charter school, as defined in s. 115.001 (1), in
19a separate collective bargaining unit from a unit that includes any other professional
20employees whenever at least 30% of those professional employees request an election
21to be held to determine that issue and a majority of the professional employees at the
22charter school who cast votes in the election decide to be represented in a separate
23collective bargaining unit. Any vote taken under this subsection shall be by secret
24ballot.".
AB100-ASA1-AA7,8,158
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
9115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
10(2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to
11118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
12118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8),
118.245, 118.255, 118.258, 118.291,
13118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13
14(1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and 120.25 are
15applicable to a 1st class city school district and board.".
AB100-ASA1-AA7,8,2118
121.58
(6) Appropriation prorated. If the appropriation under s. 20.255 (2)
(cr) 19(qr) in any one year is insufficient to pay the full amount of approved claims under
20this section, state aid payments shall be prorated among the school districts entitled
21thereto.".
AB100-ASA1-AA7,9,6
1"(1w)
Qualified economic offers. The treatment of section 111.70 (1) (b), (dm),
2(fm), and (nc) and (4) (cm) 5s., 6. a. and am., 8m. a., b., and c., 8p., and 8s. and (d) 2.
3a. of the statutes first applies to petitions for arbitration that relate to collective
4bargaining agreements that cover periods beginning on or after July 1, 2005, and
5that are filed under section 111.70 (4) (cm) 6. of the statutes, as affected by this act,
6on the effective date of this subsection.".
