Amendment SA1-SSA1-SB40

SB40-SSA1-SA1,172,13 (12) Penalties; enforcement. (a) Any person that engages in traveling sales crew activities in violation of this section, any rule promulgated under sub. (13), or any order issued under this section, that employs or permits the employment of any individual as a traveling sales crew worker in violation of this section, any rule promulgated under sub. (13), or any order issued under this section, or that hinders or delays the department or any law enforcement officer in the performance of their duties under this section, may be required to forfeit not less than $25 nor more than $1,000 for each day of a first offense and, for a 2nd or subsequent offense within 5 years, as measured from the dates the violations initially occurred, may be fined not less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense or imprisoned not more than 30 days or both.

SB40-SSA1-SA1,172,19 (b) In addition to the penalties under par. (a), any person that employs or permits the employment of any individual as a traveling sales crew worker in violation of sub. (2), (5) (b), (9) (b), or (11) (a) or (c) shall be liable, in addition to the wages paid, to pay to each individual affected, an amount equal to twice the regular rate of pay as liquidated damages for all hours worked in violation per day or per week, whichever is greater.

SB40-SSA1-SA1,172,22 (c) The department may refer violations of this section or of any rules promulgated under sub. (13) for prosecution by the department of justice or the district attorney of the county in which the violation occurred.

SB40-SSA1-SA1,172,24 (13) Rules. The department shall promulgate rules to implement this section. Those rules shall include all of the following:

SB40-SSA1-SA1,173,2 (a) A fee for obtaining a certificate of registration. The department shall determine the fee based on the cost of issuing certificates of registration.

SB40-SSA1-SA1,173,3 (b) Minimum requirements for the issuance of a certificate of registration.

SB40-SSA1-SA1,173,8 (c) Safety standards relating to the transportation of traveling sales crew workers, the storage, handling, and transportation of hazardous materials by traveling sales crews and any other exposure of a traveling sales crew worker to hazardous materials, and the training of traveling sales crews in the storage, handling, and transportation of hazardous materials.

SB40-SSA1-SA1,173,10 (d) The amount of liability insurance that an employer of a traveling sales crew worker shall have in force under sub. (8).

SB40-SSA1-SA1,173,14 (14) Nonapplicability; nonpreemption. (a) This section does not apply to the employment of a person in a fund-raising sale for a nonprofit organization, as defined in s. 103.21 (2), a public school, as defined in s. 103.21 (5), or a private school, as defined in s. 103.21 (4).

SB40-SSA1-SA1,173,18 (b) This section does not preempt a county, city, village, or town from enacting a local ordinance regulating traveling sales crew activities. To the extent that a local ordinance regulates conduct that is regulated under this section, the local ordinance shall be at least as strict as the regulation of that conduct under this section.".

SB40-SSA1-SA1,173,19 458. Page 1223, line 12: after that line insert:

SB40-SSA1-SA1,173,20 " Section 2651p. 109.075 (9) of the statutes is created to read:

SB40-SSA1-SA1,173,23 109.075 (9) This section does not apply to an employer that ceases providing health care benefits to its employees because the employees are covered under the Healthy Wisconsin Plan under ch. 260.".

SB40-SSA1-SA1,173,24 459. Page 1228, line 9: after that line insert:

SB40-SSA1-SA1,174,1 " Section 2661e. 111.322 (2m) (a) of the statutes is amended to read:

SB40-SSA1-SA1,174,5 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB40-SSA1-SA1, s. 2661f Section 2661f. 111.322 (2m) (b) of the statutes is amended to read:

SB40-SSA1-SA1,174,10 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.".

SB40-SSA1-SA1,174,11 460. Page 1228, line 9: after that line insert:

SB40-SSA1-SA1,174,12 " Section 2662. 111.70 (1) (b) of the statutes is amended to read:

SB40-SSA1-SA1,174,16 111.70 (1) (b) "Collective bargaining unit" means a the unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.

SB40-SSA1-SA1, s. 2663 Section 2663. 111.70 (1) (dm) of the statutes is repealed.

SB40-SSA1-SA1, s. 2664 Section 2664. 111.70 (1) (fm) of the statutes is repealed.".

SB40-SSA1-SA1,174,19 461. Page 1228, line 17: after that line insert:

SB40-SSA1-SA1,174,20 " Section 2666. 111.70 (1) (nc) of the statutes is repealed.

SB40-SSA1-SA1, s. 2668 Section 2668. 111.70 (4) (cm) 5s. of the statutes is repealed.

SB40-SSA1-SA1, s. 2669 Section 2669. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

SB40-SSA1-SA1,175,14 111.70 (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.

SB40-SSA1-SA1, s. 2670 Section 2670. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

SB40-SSA1-SA1,177,9 111.70 (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.

SB40-SSA1-SA1, s. 2674 Section 2674. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

SB40-SSA1-SA1,177,25 111.70 (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.

SB40-SSA1-SA1, s. 2675 Section 2675. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

SB40-SSA1-SA1, s. 2676 Section 2676. 111.70 (4) (cm) 8p. of the statutes is repealed.

SB40-SSA1-SA1, s. 2677 Section 2677. 111.70 (4) (cm) 8s. of the statutes is repealed.

SB40-SSA1-SA1, s. 2678 Section 2678. 111.70 (4) (cn) of the statutes is repealed.

SB40-SSA1-SA1, s. 2679 Section 2679. 111.70 (4) (d) 2. a. of the statutes is amended to read:

SB40-SSA1-SA1,179,9 111.70 (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.".

SB40-SSA1-SA1,179,10 462. Page 1228, line 17: after that line insert:

SB40-SSA1-SA1,179,12 " Section 2666e. 111.70 (4) (c) 2. of the statutes is renumbered 111.70 (4) (c) 2. a.

SB40-SSA1-SA1, s. 2666f Section 2666f. 111.70 (4) (c) 2. b. of the statutes is created to read:

SB40-SSA1-SA1,179,20 111.70 (4) (c) 2. b. A collective bargaining agreement entered into between law enforcement and fire fighting personnel and a municipal employer may, notwithstanding s. 62.13 (5), contain dispute resolution procedures, including arbitration, that address the suspension, reduction in rank, suspension and reduction in rank, or removal of such personnel. If the procedures include arbitration, the arbitration hearing shall be public and the decision of the arbitrator shall be issued within 180 days of the conclusion of the hearing.

SB40-SSA1-SA1, s. 2679g Section 2679g. 111.70 (4) (m) (title) of the statutes is amended to read:

SB40-SSA1-SA1,179,23 111.70 (4) (m) (title) Prohibited subjects of bargaining; school district municipal employers.

SB40-SSA1-SA1, s. 2679i Section 2679i. 111.70 (4) (mc) of the statutes is created to read:

SB40-SSA1-SA1,180,4 111.70 (4) (mc) Prohibited subjects of bargaining; fire fighting and law enforcement personnel. In a bargaining unit containing fire fighting or law enforcement personnel, the municipal employer is prohibited from bargaining collectively with respect to:

SB40-SSA1-SA1,180,6 1. The prohibition of access to arbitration as an alternative to the procedures in s. 62.13 (5).

SB40-SSA1-SA1,180,7 2. The reduction of standards in s. 62.13 (5) (em) 1. to 7.

SB40-SSA1-SA1,180,9 3. The payment of compensation in a way that is inconsistent with s. 62.13 (5) (h).".

SB40-SSA1-SA1, s. 2680j Section 2680j. 111.91 (2) (pt) of the statutes is created to read:

SB40-SSA1-SA1,180,12 111.91 (2) (pt) Health care coverage of employees under the Healthy Wisconsin Plan under ch. 260.".

SB40-SSA1-SA1,180,13 463. Page 1228, line 17: after that line insert:

SB40-SSA1-SA1,180,15 " Section 2681. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is created to read:

SB40-SSA1-SA1,180,16 CHAPTER 111

SB40-SSA1-SA1,180,17 Subchapter VI

SB40-SSA1-SA1,180,20 University of Wisconsin system faculty and academic staff labor relations

SB40-SSA1-SA1,180,24 111.95 Declaration of policy. The public policy of the state as to labor relations and collective bargaining involving faculty and academic staff at the University of Wisconsin System, in furtherance of which this subchapter is enacted, is as follows:

SB40-SSA1-SA1,181,3 (1) The people of the state of Wisconsin have a fundamental interest in developing harmonious and cooperative labor relations within the University of Wisconsin System.

SB40-SSA1-SA1,181,7 (2) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the rights of the others.

SB40-SSA1-SA1,181,8 111.96 Definitions. In this subchapter:

SB40-SSA1-SA1,181,11 (1) "Academic staff" has the meaning given under s. 36.05 (1), but does not include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is appointed to a visiting faculty position.

SB40-SSA1-SA1,181,12 (2) "Board" means the Board of Regents of the University of Wisconsin System.

SB40-SSA1-SA1,181,20 (3) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.998 with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

SB40-SSA1-SA1,181,21 (4) "Collective bargaining unit" means a unit established under s. 111.98 (1).

SB40-SSA1-SA1,181,22 (5) "Commission" means the employment relations commission.

SB40-SSA1-SA1,181,25 (6) "Election" means a proceeding conducted by the commission in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in this subchapter.

SB40-SSA1-SA1,182,1 (7) "Employee" includes:

SB40-SSA1-SA1,182,4 (a) All faculty, including faculty who are supervisors or management employees but not including faculty who hold a limited appointment under s. 36.17 or deans.

SB40-SSA1-SA1,182,7 (b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.

SB40-SSA1-SA1,182,8 (8) "Employer" means the state of Wisconsin.

SB40-SSA1-SA1,182,10 (9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual holding an appointment under s. 36.15 (1), (2), (2m), or (3).

SB40-SSA1-SA1,182,15 (10) "Fair-share agreement" means an agreement between the employer and a labor organization representing employees under which all of the employees in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

SB40-SSA1-SA1,182,16 (11) "Institution" has the meaning given in s. 36.05 (9).

SB40-SSA1-SA1,182,18 (12) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.

SB40-SSA1-SA1,182,22 (13) "Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment, but does not include any organization that does any of the following:

SB40-SSA1-SA1,182,24 (a) Advocates the overthrow of the constitutional form of government in the United States.

SB40-SSA1-SA1,183,2 (b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.

SB40-SSA1-SA1,183,9 (14) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.992 at or after the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

SB40-SSA1-SA1,183,11 (15) "Management employees" include those personnel engaged predominately in executive and managerial functions.

SB40-SSA1-SA1,183,13 (16) "Office" means the office of state employment relations in the department of administration.

SB40-SSA1-SA1,183,18 (17) "Referendum" means a proceeding conducted by the commission in which employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

SB40-SSA1-SA1,183,20 (18) "Representative" includes any person chosen by an employee to represent the employee.

SB40-SSA1-SA1,183,24 (19) "Strike" includes any strike or other concerted stoppage of work by employees, any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal to work or perform their usual duties as employees of the state.

SB40-SSA1-SA1,184,6 (20) "Supervisor" means any individual whose principal work is different from that of the individual's subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline employees, or to adjust their grievances, or to authoritatively recommend such action, if the individual's exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

SB40-SSA1-SA1,184,8 (21) "Unfair labor practice" means any unfair labor practice specified in s. 111.991.

SB40-SSA1-SA1,184,17 111.965 Duties of the state. (1) In the furtherance of this subchapter, the state shall be considered as a single employer. The board shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the board shall maintain close liaison with the legislature and the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The board shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the board that require legislative action.

SB40-SSA1-SA1,184,20 (2) The board shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The board shall coordinate its actions with the director of the office.

SB40-SSA1-SA1,185,2 111.97 Rights of employees. Employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees shall also have the right to refrain from any such activities.

SB40-SSA1-SA1,185,5 111.98 Collective bargaining units. (1) Collective bargaining units for faculty and staff in the unclassified service of the state shall be structured with a collective bargaining unit for each of the following groups: