AB75-ASA1,1201,2221 111.825 (2g) A collective bargaining unit for employees who are home care
22providers shall be structured as a single statewide collective bargaining unit.
AB75-ASA1, s. 2245 23Section 2245. 111.825 (3) of the statutes is amended to read:
AB75-ASA1,1201,2524 111.825 (3) The commission shall assign employees to the appropriate
25collective bargaining units set forth in subs. (1), (1m) and, (2), and (2g).
AB75-ASA1, s. 2246
1Section 2246. 111.825 (4) of the statutes is amended to read:
AB75-ASA1,1202,92 111.825 (4) Any labor organization may petition for recognition as the exclusive
3representative of a collective bargaining unit specified in sub. (1), (1m) or, (2), or (2g)
4in accordance with the election procedures set forth in s. 111.83, provided the petition
5is accompanied by a 30% showing of interest in the form of signed authorization
6cards. Each additional labor organization seeking to appear on the ballot shall file
7petitions within 60 days of the date of filing of the original petition and prove,
8through signed authorization cards, that at least 10% of the employees in the
9collective bargaining unit want it to be their representative.
AB75-ASA1, s. 2247 10Section 2247. 111.83 (1) of the statutes is amended to read:
AB75-ASA1,1202,2111 111.83 (1) Except as provided in sub. subs. (5) and (5m), a representative
12chosen for the purposes of collective bargaining by a majority of the employees voting
13in a collective bargaining unit shall be the exclusive representative of all of the
14employees in such unit for the purposes of collective bargaining. Any individual
15employee, or any minority group of employees in any collective bargaining unit, may
16present grievances to the employer in person, or through representatives of their own
17choosing, and the employer shall confer with said employee or group of employees in
18relation thereto if the majority representative has been afforded the opportunity to
19be present at the conference. Any adjustment resulting from such a conference may
20not be inconsistent with the conditions of employment established by the majority
21representative and the employer.
AB75-ASA1, s. 2248 22Section 2248. 111.83 (5m) of the statutes is created to read:
AB75-ASA1,1202,2423 111.83 (5m) (a) This subsection applies only to a collective bargaining unit
24specified in s. 111.825 (2g).
AB75-ASA1,1203,3
1(am) 1. Subject to subd. 2., the department of health services shall provide a
2labor organization with the list of home care providers provided to the department
3of health services under s. 52.20 (5) if any of the following apply:
AB75-ASA1,1203,64 a. The labor organization demonstrates a showing of interest of at least 3
5percent of home care providers included in the collective bargaining unit under s.
6111.825 (2g) to be represented by that labor organization.
AB75-ASA1,1203,87 b. The labor organization is a certified representative of any home care
8providers in this state.
AB75-ASA1,1203,119 c. The labor organization was a certified representative of any home care
10providers in this state prior to the effective date of this subdivision paragraph ....
11[LRB inserts date].
AB75-ASA1,1203,1412 2. A labor organization shall agree to use any list it receives under subd. 1. only
13for communicating with home care providers concerning the exercise of their rights
14under s. 111.82 and shall agree to keep the list confidential.
AB75-ASA1,1203,2515 (b) Upon the filing of a petition with the commission indicating a showing of
16interest of at least 30 percent of the home care providers included in the collective
17bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to
18change the existing representative, the commission shall hold an election in which
19the home care providers may vote on the question of representation. The labor
20organization named in the petition shall be included on the ballot. Within 60 days
21of the time that the petition is filed, another petition may be filed with the
22commission indicating a showing of interest of at least 10 percent of the home care
23providers who are included in the collective bargaining unit under s. 111.825 (2g) to
24be represented by another labor organization, in which case the name of that labor
25organization shall also be included on the ballot.
AB75-ASA1,1204,6
1(c) If at an election held under par. (b), a majority of home care providers voting
2in the collective bargaining unit vote for a single labor organization, the labor
3organization shall be the exclusive representative for all home care providers in that
4collective bargaining unit. If no single labor organization receives a majority of the
5votes cast, the commission may hold one or more runoff elections under sub. (4) until
6one labor organization receives a majority of the votes cast.
AB75-ASA1, s. 2249 7Section 2249. 111.84 (2) (c) of the statutes is amended to read:
AB75-ASA1,1204,158 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
9(1) with the duly authorized officer or agent of the employer which is the recognized
10or certified exclusive collective bargaining representative of employees specified in
11s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified
12exclusive collective bargaining representative of employees specified in s. 111.81 (7)
13(b) to (f) (g) in an appropriate collective bargaining unit. Such refusal to bargain shall
14include, but not be limited to, the refusal to execute a collective bargaining
15agreement previously orally agreed upon.
AB75-ASA1, s. 2250 16Section 2250. 111.905 of the statutes is created to read:
AB75-ASA1,1204,19 17111.905 Rights of consumer. (1) This subchapter does not interfere with the
18rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise,
19or discipline home care providers or to set conditions and duties of employment.
AB75-ASA1,1204,21 20(2) A home care provider is an at will provider of home care services to a
21consumer and this subchapter does not interfere with that relationship.
AB75-ASA1, s. 2251 22Section 2251. 111.91 (1) (cg) of the statutes is created to read:
AB75-ASA1,1204,2523 111.91 (1) (cg) The representative of home care providers in the collective
24bargaining unit specified under s. 118.825 (2g) may not bargain collectively with
25respect to any matter other than wages and fringe benefits.
AB75-ASA1, s. 2251w
1Section 2251w. 111.91 (2) (n) of the statutes, as affected by 2009 Wisconsin
2Act 14
, is amended to read:
AB75-ASA1,1205,43 111.91 (2) (n) The provision to employees of the health insurance coverage
4required under s. 632.895 (11) to (14) and, (16), and (17).
AB75-ASA1, s. 2252 5Section 2252. 111.91 (2) (nm) of the statutes is amended to read:
AB75-ASA1,1205,86 111.91 (2) (nm) The requirements related to providing coverage for a dependent
7under s. 632.895 (14m) and to
continuing coverage for a dependent student on a
8medical leave of absence under s. 632.895 (15).
AB75-ASA1, s. 2252m 9Section 2252m. 111.91 (2) (t) of the statutes is created to read:
AB75-ASA1,1205,1210 111.91 (2) (t) The requirement to make retention payments to assistant state
11public defenders under s. 977.10 (2) and the requirement to make retention
12payments to assistant district attorneys under s. 978.12 (7) (b).
AB75-ASA1, s. 2253 13Section 2253. 111.91 (2c) of the statutes is created to read:
AB75-ASA1,1205,1614 111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer
15is prohibited from bargaining with a collective bargaining unit formed under s.
16111.825 (2g) on any of the following:
AB75-ASA1,1205,1717 (a) Policies.
AB75-ASA1,1205,1818 (b) Work rules.
AB75-ASA1,1205,1919 (c) Hours of employment.
AB75-ASA1,1205,2020 (d) Any right of the consumer under s. 111.905.
AB75-ASA1, s. 2254 21Section 2254. 111.92 (1) (a) of the statutes is amended to read:
AB75-ASA1,1206,1922 111.92 (1) (a) Any tentative agreement reached between the office, or, as
23provided in s. 111.815 (1), the department of health services,
acting for the state, and
24any labor organization representing a collective bargaining unit specified in s.
25111.825 (1) or, (2) (a) to (e), or (2g) shall, after official ratification by the labor

1organization, be submitted by the office or department of health services to the joint
2committee on employment relations, which shall hold a public hearing before
3determining its approval or disapproval. If the committee approves the tentative
4agreement, it shall introduce in a bill or companion bills, to be put on the calendar
5or referred to the appropriate scheduling committee of each house, that portion of the
6tentative agreement which requires legislative action for implementation, such as
7salary and wage adjustments, changes in fringe benefits, and any proposed
8amendments, deletions or additions to existing law. Such bill or companion bills are
9not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may,
10however, submit suitable portions of the tentative agreement to appropriate
11legislative committees for advisory recommendations on the proposed terms. The
12committee shall accompany the introduction of such proposed legislation with a
13message that informs the legislature of the committee's concurrence with the
14matters under consideration and which recommends the passage of such legislation
15without change. If the joint committee on employment relations does not approve
16the tentative agreement, it shall be returned to the parties for renegotiation. If the
17legislature does not adopt without change that portion of the tentative agreement
18introduced by the joint committee on employment relations, the tentative agreement
19shall be returned to the parties for renegotiation.
AB75-ASA1, s. 2254g 20Section 2254g. 111.92 (2m) of the statutes is created to read:
AB75-ASA1,1206,2221 111.92 (2m) A collective bargaining agreement entered into by a collective
22bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2011.
AB75-ASA1, s. 2255 23Section 2255. Subchapter VI of chapter 111 [precedes 111.95] of the statutes
24is created to read:
AB75-ASA1,1206,2525 CHAPTER 111
AB75-ASA1,1206,26
1Subchapter VI
AB75-ASA1,1207,42 University of Wisconsin system
3 faculty and academic staff
4 labor relations
AB75-ASA1,1207,8 5111.95 Declaration of policy. The public policy of the state as to labor
6relations and collective bargaining involving faculty and academic staff at the
7University of Wisconsin System, in furtherance of which this subchapter is enacted,
8is as follows:
AB75-ASA1,1207,11 9(1) The people of the state of Wisconsin have a fundamental interest in
10developing harmonious and cooperative labor relations within the University of
11Wisconsin System.
AB75-ASA1,1207,15 12(2) It recognizes that there are 3 major interests involved: that of the public,
13that of the employee, and that of the employer. These 3 interests are to a considerable
14extent interrelated. It is the policy of this state to protect and promote each of these
15interests with due regard to the rights of the others.
AB75-ASA1,1207,16 16111.96 Definitions. In this subchapter:
AB75-ASA1,1207,19 17(1) "Academic staff" has the meaning given under s. 36.05 (1), but does not
18include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who
19is appointed to a visiting faculty position.
AB75-ASA1,1207,20 20(2) "Board" means the Board of Regents of the University of Wisconsin System.
AB75-ASA1,1208,3 21(3) "Collective bargaining" means the performance of the mutual obligation of
22the state as an employer, by its officers and agents, and the representatives of its
23employees, to meet and confer at reasonable times, in good faith, with respect to the
24subjects of bargaining provided in s. 111.998 with the intention of reaching an
25agreement, or to resolve questions arising under such an agreement. The duty to

1bargain, however, does not compel either party to agree to a proposal or require the
2making of a concession. Collective bargaining includes the reduction of any
3agreement reached to a written and signed document.
AB75-ASA1,1208,4 4(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
AB75-ASA1,1208,5 5(5) "Commission" means the employment relations commission.
AB75-ASA1,1208,8 6(6) "Election" means a proceeding conducted by the commission in which the
7employees in a collective bargaining unit cast a secret ballot for collective bargaining
8representatives, or for any other purpose specified in this subchapter.
AB75-ASA1,1208,9 9(7) "Employee" includes:
AB75-ASA1,1208,1210 (a) All faculty, including specifically faculty who are supervisors or
11management employees, but not including faculty holding a limited appointment
12under s. 36.17 or deans.
AB75-ASA1,1208,1513 (b) All academic staff, except for supervisors, management employees, and
14individuals who are privy to confidential matters affecting the employer-employee
15relationship.
AB75-ASA1,1208,16 16(8) "Employer" means the state of Wisconsin.
AB75-ASA1,1208,18 17(9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual
18holding an appointment under s. 36.15.
AB75-ASA1,1208,23 19(10) "Fair-share agreement" means an agreement between the employer and
20a labor organization representing employees under which all of the employees in a
21collective bargaining unit are required to pay their proportionate share of the cost
22of the collective bargaining process and contract administration measured by the
23amount of dues uniformly required of all members.
AB75-ASA1,1208,24 24(11) "Institution" has the meaning given in s. 36.05 (9).
AB75-ASA1,1209,2
1(12) "Labor dispute" means any controversy with respect to the subjects of
2bargaining provided in this subchapter.
AB75-ASA1,1209,6 3(13) "Labor organization" means any employee organization whose purpose is
4to represent employees in collective bargaining with the employer, or its agents, on
5matters pertaining to terms and conditions of employment, but does not include any
6organization that does any of the following:
AB75-ASA1,1209,87 (a) Advocates the overthrow of the constitutional form of government in the
8United States.
AB75-ASA1,1209,109 (b) Discriminates with regard to the terms or conditions of membership
10because of race, color, creed, sex, age, sexual orientation, or national origin.
AB75-ASA1,1209,17 11(14) "Maintenance of membership agreement" means an agreement between
12the employer and a labor organization representing employees that requires that all
13of the employees whose dues are being deducted from earnings under s. 20.921 (1)
14or 111.992 at or after the time the agreement takes effect shall continue to have dues
15deducted for the duration of the agreement and that dues shall be deducted from the
16earnings of all employees who are hired on or after the effective date of the
17agreement.
AB75-ASA1,1209,19 18(15) "Management employees" include those personnel engaged
19predominately in executive and managerial functions.
AB75-ASA1,1209,21 20(16) "Office" means the office of state employment relations in the department
21of administration.
AB75-ASA1,1210,2 22(17) "Referendum" means a proceeding conducted by the commission in which
23employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
24may cast a secret ballot on the question of directing the labor organization and the

1employer to enter into a fair-share agreement or to terminate a fair-share
2agreement.
AB75-ASA1,1210,4 3(18) "Representative" includes any person chosen by an employee to represent
4the employee.
AB75-ASA1,1210,8 5(19) "Strike" includes any strike or other concerted stoppage of work by
6employees, any concerted slowdown or other concerted interruption of operations or
7services by employees, or any concerted refusal to work or perform their usual duties
8as employees of the state.
AB75-ASA1,1210,14 9(20) "Supervisor" means any individual whose principal work is different from
10that of the individual's subordinates and who has authority, in the interest of the
11employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
12reward, or discipline employees, or to adjust their grievances, or to authoritatively
13recommend such action, if the individual's exercise of such authority is not of a
14merely routine or clerical nature, but requires the use of independent judgment.
AB75-ASA1,1210,16 15(21) "Unfair labor practice" means any unfair labor practice specified in s.
16111.991.
AB75-ASA1,1210,24 17111.965 Duties of the state. (1) In the furtherance of this subchapter, the
18state shall be considered as a single employer. The board shall negotiate and
19administer collective bargaining agreements. To coordinate the employer position
20in the negotiation of agreements, the board shall maintain close liaison with the
21office relative to the negotiation of agreements and the fiscal ramifications of those
22agreements. The board shall coordinate its collective bargaining activities with the
23office. The legislative branch shall act upon those portions of tentative agreements
24negotiated by the board that require legislative action.
AB75-ASA1,1211,3
1(2) The board shall establish a collective bargaining capacity and shall
2represent the state in its responsibility as an employer under this subchapter. The
3board shall coordinate its actions with the director of the office.
AB75-ASA1,1211,9 4111.97 Rights of employees. Employees shall have the right of
5self-organization and the right to form, join, or assist labor organizations, to bargain
6collectively through representatives of their own choosing under this subchapter,
7and to engage in lawful, concerted activities for the purpose of collective bargaining
8or other mutual aid or protection. Employees shall also have the right to refrain from
9any such activities.
AB75-ASA1,1211,12 10111.98 Collective bargaining units. (1) Collective bargaining units for
11faculty and staff in the unclassified service of the state shall be structured with a
12collective bargaining unit for each of the following groups:
AB75-ASA1,1211,1313 (a) Faculty of the University of Wisconsin-Madison.
AB75-ASA1,1211,1414 (b) Faculty of the University of Wisconsin-Milwaukee.
AB75-ASA1,1211,1515 (c) Faculty of the University of Wisconsin-Extension.
AB75-ASA1,1211,1616 (cm) Faculty of the University of Wisconsin-Eau Claire.
AB75-ASA1,1211,1717 (d) Faculty of the University of Wisconsin-Green Bay.
AB75-ASA1,1211,1818 (dm) Faculty of the University of Wisconsin-La Crosse.
AB75-ASA1,1211,1919 (e) Faculty of the University of Wisconsin-Oshkosh.
AB75-ASA1,1211,2020 (em) Faculty of the University of Wisconsin-Parkside.
AB75-ASA1,1211,2121 (f) Faculty of the University of Wisconsin-Platteville.
AB75-ASA1,1211,2222 (fm) Faculty of the University of Wisconsin-River Falls.
AB75-ASA1,1211,2323 (g) Faculty of the University of Wisconsin-Stevens Point.
AB75-ASA1,1211,2424 (gm) Faculty of the University of Wisconsin-Stout.
AB75-ASA1,1211,2525 (h) Faculty of the University of Wisconsin-Superior.
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