SB40-SSA1-SA1,180,15 14" Section 2681. Subchapter VI of chapter 111 [precedes 111.95] of the statutes
15is created to read:
SB40-SSA1-SA1,180,1616 CHAPTER 111
SB40-SSA1-SA1,180,1717 Subchapter VI
SB40-SSA1-SA1,180,2018 University of Wisconsin system
19 faculty and academic staff
20 labor relations
SB40-SSA1-SA1,180,24 21111.95 Declaration of policy. The public policy of the state as to labor
22relations and collective bargaining involving faculty and academic staff at the
23University of Wisconsin System, in furtherance of which this subchapter is enacted,
24is as follows:
SB40-SSA1-SA1,181,3
1(1) The people of the state of Wisconsin have a fundamental interest in
2developing harmonious and cooperative labor relations within the University of
3Wisconsin System.
SB40-SSA1-SA1,181,7 4(2) It recognizes that there are 3 major interests involved: that of the public,
5that of the employee, and that of the employer. These 3 interests are to a considerable
6extent interrelated. It is the policy of this state to protect and promote each of these
7interests with due regard to the rights of the others.
SB40-SSA1-SA1,181,8 8111.96 Definitions. In this subchapter:
SB40-SSA1-SA1,181,11 9(1) "Academic staff" has the meaning given under s. 36.05 (1), but does not
10include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who
11is appointed to a visiting faculty position.
SB40-SSA1-SA1,181,12 12(2) "Board" means the Board of Regents of the University of Wisconsin System.
SB40-SSA1-SA1,181,20 13(3) "Collective bargaining" means the performance of the mutual obligation of
14the state as an employer, by its officers and agents, and the representatives of its
15employees, to meet and confer at reasonable times, in good faith, with respect to the
16subjects of bargaining provided in s. 111.998 with the intention of reaching an
17agreement, or to resolve questions arising under such an agreement. The duty to
18bargain, however, does not compel either party to agree to a proposal or require the
19making of a concession. Collective bargaining includes the reduction of any
20agreement reached to a written and signed document.
SB40-SSA1-SA1,181,21 21(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
SB40-SSA1-SA1,181,22 22(5) "Commission" means the employment relations commission.
SB40-SSA1-SA1,181,25 23(6) "Election" means a proceeding conducted by the commission in which the
24employees in a collective bargaining unit cast a secret ballot for collective bargaining
25representatives, or for any other purpose specified in this subchapter.
SB40-SSA1-SA1,182,1
1(7) "Employee" includes:
SB40-SSA1-SA1,182,42 (a) All faculty, including faculty who are supervisors or management
3employees but not including faculty who hold a limited appointment under s. 36.17
4or deans.
SB40-SSA1-SA1,182,75 (b) All academic staff, except for supervisors, management employees, and
6individuals who are privy to confidential matters affecting the employer-employee
7relationship.
SB40-SSA1-SA1,182,8 8(8) "Employer" means the state of Wisconsin.
SB40-SSA1-SA1,182,10 9(9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual
10holding an appointment under s. 36.15 (1), (2), (2m), or (3).
SB40-SSA1-SA1,182,15 11(10) "Fair-share agreement" means an agreement between the employer and
12a labor organization representing employees under which all of the employees in a
13collective bargaining unit are required to pay their proportionate share of the cost
14of the collective bargaining process and contract administration measured by the
15amount of dues uniformly required of all members.
SB40-SSA1-SA1,182,16 16(11) "Institution" has the meaning given in s. 36.05 (9).
SB40-SSA1-SA1,182,18 17(12) "Labor dispute" means any controversy with respect to the subjects of
18bargaining provided in this subchapter.
SB40-SSA1-SA1,182,22 19(13) "Labor organization" means any employee organization whose purpose is
20to represent employees in collective bargaining with the employer, or its agents, on
21matters pertaining to terms and conditions of employment, but does not include any
22organization that does any of the following:
SB40-SSA1-SA1,182,2423 (a) Advocates the overthrow of the constitutional form of government in the
24United States.
SB40-SSA1-SA1,183,2
1(b) Discriminates with regard to the terms or conditions of membership
2because of race, color, creed, sex, age, sexual orientation, or national origin.
SB40-SSA1-SA1,183,9 3(14) "Maintenance of membership agreement" means an agreement between
4the employer and a labor organization representing employees that requires that all
5of the employees whose dues are being deducted from earnings under s. 20.921 (1)
6or 111.992 at or after the time the agreement takes effect shall continue to have dues
7deducted for the duration of the agreement and that dues shall be deducted from the
8earnings of all employees who are hired on or after the effective date of the
9agreement.
SB40-SSA1-SA1,183,11 10(15) "Management employees" include those personnel engaged
11predominately in executive and managerial functions.
SB40-SSA1-SA1,183,13 12(16) "Office" means the office of state employment relations in the department
13of administration.
SB40-SSA1-SA1,183,18 14(17) "Referendum" means a proceeding conducted by the commission in which
15employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
16may cast a secret ballot on the question of directing the labor organization and the
17employer to enter into a fair-share or maintenance of membership agreement or to
18terminate such an agreement.
SB40-SSA1-SA1,183,20 19(18) "Representative" includes any person chosen by an employee to represent
20the employee.
SB40-SSA1-SA1,183,24 21(19) "Strike" includes any strike or other concerted stoppage of work by
22employees, any concerted slowdown or other concerted interruption of operations or
23services by employees, or any concerted refusal to work or perform their usual duties
24as employees of the state.
SB40-SSA1-SA1,184,6
1(20) "Supervisor" means any individual whose principal work is different from
2that of the individual's subordinates and who has authority, in the interest of the
3employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
4reward or discipline employees, or to adjust their grievances, or to authoritatively
5recommend such action, if the individual's exercise of such authority is not of a
6merely routine or clerical nature, but requires the use of independent judgment.
SB40-SSA1-SA1,184,8 7(21) "Unfair labor practice" means any unfair labor practice specified in s.
8111.991.
SB40-SSA1-SA1,184,17 9111.965 Duties of the state. (1) In the furtherance of this subchapter, the
10state shall be considered as a single employer. The board shall negotiate and
11administer collective bargaining agreements. To coordinate the employer position
12in the negotiation of agreements, the board shall maintain close liaison with the
13legislature and the office relative to the negotiation of agreements and the fiscal
14ramifications of those agreements. The board shall coordinate its collective
15bargaining activities with the office. The legislative branch shall act upon those
16portions of tentative agreements negotiated by the board that require legislative
17action.
SB40-SSA1-SA1,184,20 18(2) The board shall establish a collective bargaining capacity and shall
19represent the state in its responsibility as an employer under this subchapter. The
20board shall coordinate its actions with the director of the office.
SB40-SSA1-SA1,185,2 21111.97 Rights of employees. Employees shall have the right of
22self-organization and the right to form, join, or assist labor organizations, to bargain
23collectively through representatives of their own choosing under this subchapter,
24and to engage in lawful, concerted activities for the purpose of collective bargaining

1or other mutual aid or protection. Employees shall also have the right to refrain from
2any such activities.
SB40-SSA1-SA1,185,5 3111.98 Collective bargaining units. (1) Collective bargaining units for
4faculty and staff in the unclassified service of the state shall be structured with a
5collective bargaining unit for each of the following groups:
SB40-SSA1-SA1,185,66 (a) Faculty of the University of Wisconsin-Madison.
SB40-SSA1-SA1,185,77 (am) Faculty of the University of Wisconsin-Milwaukee.
SB40-SSA1-SA1,185,88 (b) Faculty of the University of Wisconsin-Extension.
SB40-SSA1-SA1,185,99 (bm) Faculty of the University of Wisconsin-Eau Claire.
SB40-SSA1-SA1,185,1010 (c) Faculty of the University of Wisconsin-Green Bay.
SB40-SSA1-SA1,185,1111 (cm) Faculty of the University of Wisconsin-La Crosse.
SB40-SSA1-SA1,185,1212 (d) Faculty of the University of Wisconsin-Oshkosh.
SB40-SSA1-SA1,185,1313 (dm) Faculty of the University of Wisconsin-Parkside.
SB40-SSA1-SA1,185,1414 (e) Faculty of the University of Wisconsin-Platteville.
SB40-SSA1-SA1,185,1515 (em) Faculty of the University of Wisconsin-River Falls.
SB40-SSA1-SA1,185,1616 (f) Faculty of the University of Wisconsin-Stevens Point.
SB40-SSA1-SA1,185,1717 (fm) Faculty of the University of Wisconsin-Stout.
SB40-SSA1-SA1,185,1818 (g) Faculty of the University of Wisconsin-Superior.
SB40-SSA1-SA1,185,1919 (gm) Faculty of the University of Wisconsin-Whitewater.
SB40-SSA1-SA1,185,2020 (h) Faculty of the University of Wisconsin Colleges.
SB40-SSA1-SA1,185,2121 (i) Academic staff of the University of Wisconsin-Madison.
SB40-SSA1-SA1,185,2222 (im) Academic staff of the University of Wisconsin-Milwaukee.
SB40-SSA1-SA1,185,2323 (j) Academic staff of the University of Wisconsin-Extension.
SB40-SSA1-SA1,185,2424 (jm) Academic staff of the University of Wisconsin-Eau Claire.
SB40-SSA1-SA1,185,2525 (k) Academic staff of the University of Wisconsin-Green Bay.
SB40-SSA1-SA1,186,1
1(km) Academic staff of the University of Wisconsin-La Crosse.
SB40-SSA1-SA1,186,22 (L) Academic staff of the University of Wisconsin-Oshkosh.
SB40-SSA1-SA1,186,33 (Lm) Academic staff of the University of Wisconsin-Parkside.
SB40-SSA1-SA1,186,44 (m) Academic staff of the University of Wisconsin-Platteville.
SB40-SSA1-SA1,186,55 (mm) Academic staff of the University of Wisconsin-River Falls.
SB40-SSA1-SA1,186,66 (n) Academic staff of the University of Wisconsin-Stevens Point.
SB40-SSA1-SA1,186,77 (nm) Academic staff of the University of Wisconsin-Stout.
SB40-SSA1-SA1,186,88 (o) Academic staff of the University of Wisconsin-Superior.
SB40-SSA1-SA1,186,99 (om) Academic staff of the University of Wisconsin-Whitewater.
SB40-SSA1-SA1,186,1010 (p) Academic staff of the University of Wisconsin Colleges.
SB40-SSA1-SA1,186,23 11(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
12under sub. (1) (a) to (p) may be combined into a single unit. If 2 or more collective
13bargaining units seek to combine into a single collective bargaining unit, the
14commission shall, upon the petition of at least 30 percent of the employees in each
15unit, hold an election to determine whether a majority of those employees voting in
16each unit desire to combine into a single unit. A combined collective bargaining unit
17shall be formed including all employees from each of those units in which a majority
18of the employees voting in the election approve a combined unit. The combined
19collective bargaining unit shall be formed immediately if there is no existing
20collective bargaining agreement in force in any of the units to be combined. If there
21is a collective bargaining agreement in force at the time of the election in any of the
22collective bargaining units to be combined, the combined unit shall be formed upon
23expiration of the last agreement for the units concerned.
SB40-SSA1-SA1,187,1224 (b) If 2 or more collective bargaining units have combined under par. (a), the
25commission shall, upon petition of at least 30 percent of the employees in any of the

1original units, hold an election of the employees in the original unit to determine
2whether the employees in that unit desire to withdraw from the combined collective
3bargaining unit. If a majority of the employees voting desire to withdraw from the
4combined collective bargaining unit, separate units consisting of the unit in which
5the election was held and a unit composed of the remainder of the combined unit shall
6be formed. The new collective bargaining units shall be formed immediately if there
7is no collective bargaining agreement in force for the combined unit. If there is a
8collective bargaining agreement in force for the combined collective bargaining unit,
9the new units shall be formed upon the expiration of the agreement. While there is
10a collective bargaining agreement in force for the combined collective bargaining
11unit, a petition for an election under this paragraph may be filed only during October
12in the calendar year prior to the expiration of the agreement.
SB40-SSA1-SA1,187,14 13(3) The commission shall assign employees to the appropriate collective
14bargaining units described under sub. (1) or (2).
SB40-SSA1-SA1,187,22 15(4) Any labor organization may petition for recognition as the exclusive
16representative of a collective bargaining unit described under sub. (1) or (2) in
17accordance with the election procedures under s. 111.990 if the petition is
18accompanied by a 30 percent showing of interest in the form of signed authorization
19cards. Any additional labor organization seeking to appear on the ballot shall file a
20petition within 60 days of the date of filing of the original petition and prove, through
21signed authorization cards, that at least 10 percent of the employees in the collective
22bargaining unit want it to be their representative.
SB40-SSA1-SA1,188,6 23(5) Although academic staff supervisors are not considered employees for the
24purpose of this subchapter, the commission may consider a petition for a statewide
25collective bargaining unit consisting of academic staff supervisors, but the

1representative of the supervisors may not be affiliated with any labor organization
2representing employees. For purposes of this subsection, affiliation does not include
3membership in a national, state, county, or municipal federation of national or
4international labor organizations. The certified representative of the supervisors
5may not bargain collectively with respect to any matter other than wages and fringe
6benefits.
SB40-SSA1-SA1,188,17 7111.990 Representatives and elections. (1) A representative chosen for the
8purposes of collective bargaining by a majority of the employees voting in a collective
9bargaining unit shall be the exclusive representative of all of the employees in such
10unit for the purposes of collective bargaining. Any individual employee, or any
11minority group of employees in any collective bargaining unit, may present any
12grievance to the employer in person, or through representatives of their own
13choosing, and the employer shall confer with the individual employee or group of
14employees with respect to the grievance if the majority representative has been
15afforded the opportunity to be present at the conference. Any adjustment resulting
16from such a conference may not be inconsistent with the conditions of employment
17established by the majority representative and the employer.
SB40-SSA1-SA1,189,19 18(2) Whenever a question arises concerning the representation of employees in
19a collective bargaining unit, the commission shall determine the representation by
20taking a secret ballot of the employees and certifying in writing the results to the
21interested parties and to the board. There shall be included on any ballot for the
22election of representatives the names of all labor organizations having an interest
23in representing the employees participating in the election as indicated in petitions
24filed with the commission. The name of any existing representative shall be included
25on the ballot without the necessity of filing a petition. The commission may exclude

1from the ballot one who, at the time of the election, stands deprived of his or her rights
2under this subchapter by reason of a prior adjudication of his or her having engaged
3in an unfair labor practice. The ballot shall be so prepared as to permit a vote against
4representation by anyone named on the ballot. For elections in a collective
5bargaining unit composed of employees who are members of the faculty or academic
6staff, whenever more than one representative qualifies to appear on the ballot, the
7ballot shall be prepared to provide separate votes on 2 questions. The first question
8shall be: "Shall the employees of the ... (name of collective bargaining unit)
9participate in collective bargaining?". The 2nd question shall be: "If the employees
10of the ... (name of collective bargaining unit) elect to participate in collective
11bargaining, which labor organization do you favor to act as representative of the
12employees?". The 2nd question shall not include a choice for no representative. All
13employees in the collective bargaining unit may vote on both questions. Unless a
14majority of those employees voting in the election vote to participate in collective
15bargaining, no votes for a particular representative may be counted. If a majority
16of those employees voting in the election vote to participate in collective bargaining,
17the ballots for representatives shall be counted. The commission's certification of the
18results of any election is conclusive as to the findings included therein unless
19reviewed under s. 111.07 (8).
SB40-SSA1-SA1,190,2 20(3) Whenever an election has been conducted under sub. (2) in which a majority
21of the employees voting indicate a desire to participate in collective bargaining but
22in which no named representative is favored by a majority of the employees voting,
23the commission may, if requested by a party to the proceeding within 30 days from
24the date of the certification of the results of the election, conduct a runoff election.

1In that runoff election, the commission shall drop from the ballot the name of the
2representative who received the least number of votes at the original election.
SB40-SSA1-SA1,190,15 3(4) While a collective bargaining agreement between a labor organization and
4an employer is in force under this subchapter, a petition for an election in the
5collective bargaining unit to which the agreement applies may be filed only during
6October in the calendar year prior to the expiration of that agreement. An election
7held under that petition may be held only if the petition is supported by proof that
8at least 30 percent of the employees in the collective bargaining unit desire a change
9or discontinuance of existing representation. Within 60 days of the time that an
10original petition is filed, another petition may be filed supported by proof that at least
1110 percent of the employees in the same collective bargaining unit desire a different
12representative. If a majority of the employees in the collective bargaining unit vote
13for a change or discontinuance of representation by any named representative, the
14decision takes effect upon expiration of any existing collective bargaining agreement
15between the employer and the existing representative.
SB40-SSA1-SA1,190,17 16111.991 Unfair labor practices. (1) It is an unfair labor practice for an
17employer individually or in concert with others:
SB40-SSA1-SA1,190,1918 (a) To interfere with, restrain, or coerce employees in the exercise of their rights
19guaranteed under s. 111.97.
SB40-SSA1-SA1,191,720 (b) Except as otherwise provided in this paragraph, to initiate, create,
21dominate, or interfere with the formation or administration of any labor or employee
22organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
23(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
24System under ch. 40 and no action by the employer that is authorized by such a law
25is a violation of this paragraph unless an applicable collective bargaining agreement

1specifically prohibits the change or action. No such change or action affects the
2continuing duty to bargain collectively regarding the Wisconsin Retirement System
3under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
4for the employer to reimburse an employee at his or her prevailing wage rate for the
5time spent during the employee's regularly scheduled hours conferring with the
6employer's officers or agents and for attendance at commission or court hearings
7necessary for the administration of this subchapter.
SB40-SSA1-SA1,191,118 (c) To encourage or discourage membership in any labor organization by
9discrimination in regard to hiring, tenure, or other terms or conditions of
10employment. This paragraph does not apply to fair-share or maintenance of
11membership agreements.
SB40-SSA1-SA1,191,2112 (d) To refuse to bargain collectively on matters set forth in s. 111.998 with a
13representative of a majority of its employees in an appropriate collective bargaining
14unit. Whenever the employer has a good faith doubt as to whether a labor
15organization claiming the support of a majority of its employees in an appropriate
16collective bargaining unit does in fact have that support, it may file with the
17commission a petition requesting an election as to that claim. The employer is not
18considered to have refused to bargain until an election has been held and the results
19of the election are certified to the employer by the commission. A violation of this
20paragraph includes the refusal to execute a collective bargaining agreement
21previously orally agreed upon.
SB40-SSA1-SA1,192,222 (e) To violate any collective bargaining agreement previously agreed upon by
23the parties with respect to wages, hours, and conditions of employment affecting the
24employees, including an agreement to arbitrate or to accept the terms of an

1arbitration award, when previously the parties have agreed to accept such award as
2final and binding upon them.
SB40-SSA1-SA1,192,103 (f) To deduct labor organization dues from an employee's earnings, unless the
4employer has been presented with an individual order therefor, signed by the
5employee personally, and terminable by at least the end of any year of its life or
6earlier by the employee giving at least 30 but not more than 120 days written notice
7of such termination to the employer and to the representative labor organization,
8except if there is a fair-share or maintenance of membership agreement in effect.
9The employer shall give notice to the labor organization of receipt of such notice of
10termination.
SB40-SSA1-SA1,192,17 11(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
12to implement changes in salaries or conditions of employment for members of the
13faculty or academic staff at one institution, and not for other members of the faculty
14or academic staff at another institution, but this may be done only if the differential
15treatment is based on comparisons with the compensation and working conditions
16of employees performing similar services for comparable higher education
17institutions or based upon other competitive factors.
SB40-SSA1-SA1,192,18 18(2) It is unfair practice for an employee individually or in concert with others:
SB40-SSA1-SA1,192,2019 (a) To coerce or intimidate an employee in the enjoyment of the employee's legal
20rights, including those guaranteed under s. 111.97.
SB40-SSA1-SA1,192,2521 (b) To coerce, intimidate, or induce any officer or agent of the employer to
22interfere with any of the employer's employees in the enjoyment of their legal rights
23including those guaranteed under s. 111.97 or to engage in any practice with regard
24to its employees which would constitute an unfair labor practice if undertaken by the
25officer or agent on the officer's or agent's own initiative.
SB40-SSA1-SA1,193,5
1(c) To refuse to bargain collectively on matters specified in s. 111.998 with the
2authorized officer or agent of the employer that is the recognized or certified
3exclusive collective bargaining representative of employees in an appropriate
4collective bargaining unit. Such refusal to bargain shall include a refusal to execute
5a collective bargaining agreement previously orally agreed upon.
SB40-SSA1-SA1,193,96 (d) To violate the provisions of any written agreement with respect to terms and
7conditions of employment affecting employees, including an agreement to arbitrate
8or to accept the terms of an arbitration award, when previously the parties have
9agreed to accept such awards as final and binding upon them.
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