AB75-SSA1,1195,2217 111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under
18the arbitration procedures authorized by this paragraph, except for any decision
19involving a collective bargaining unit consisting of school district employees,
the
20arbitrator or arbitration panel shall consider and shall give greater weight to
21economic conditions in the jurisdiction of the municipal employer than to any of the
22factors specified in subd. 7r.
AB75-SSA1, s. 2232 23Section 2232. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:
AB75-SSA1,1196,3
1111.70 (4) (cm) 7r. (intro.) `Other factors considered.' In making any decision
2under the arbitration procedures authorized by this paragraph, the arbitrator or
3arbitration panel shall also give weight to the following factors:
AB75-SSA1, s. 2233 4Section 2233. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
5renumbered 111.70 (4) (cm) 8m. and amended to read:
AB75-SSA1,1196,216 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
7the initial collective bargaining agreement between the parties and except as the
8parties otherwise agree, every collective bargaining agreement covering municipal
9employees subject to this paragraph other than school district professional
10employees
shall be for a term of 2 years. No, but in no case may a collective
11bargaining agreement for any collective bargaining unit consisting of municipal
12employees subject to this paragraph other than school district professional
13employees shall be for a term exceeding 3 years . c. nor may a collective bargaining
14agreement for any collective bargaining unit consisting of school district employees
15subject to this paragraph be for a term exceeding 4 years.
No arbitration award may
16contain a provision for reopening of negotiations during the term of a collective
17bargaining agreement, unless both parties agree to such a provision. The
18requirement for agreement by both parties does not apply to a provision for
19reopening of negotiations with respect to any portion of an agreement that is
20declared invalid by a court or administrative agency or rendered invalid by the
21enactment of a law or promulgation of a federal regulation.
AB75-SSA1, s. 2234 22Section 2234. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
AB75-SSA1, s. 2235 23Section 2235. 111.70 (4) (cm) 8p. of the statutes is repealed.
AB75-SSA1, s. 2236 24Section 2236. 111.70 (4) (cm) 8s. of the statutes is repealed.
AB75-SSA1, s. 2237 25Section 2237. 111.70 (4) (cn) of the statutes is repealed.
AB75-SSA1, s. 2238
1Section 2238. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB75-SSA1,1198,82 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
3bargaining unit for the purpose of collective bargaining and shall whenever possible,
4unless otherwise required under this subchapter, avoid fragmentation by
5maintaining as few collective bargaining units as practicable in keeping with the size
6of the total municipal work force workforce. In making such a determination, the
7commission may decide whether, in a particular case, the municipal employees in the
8same or several departments, divisions, institutions, crafts, professions, or other
9occupational groupings constitute a collective bargaining unit. Before making its
10determination, the commission may provide an opportunity for the municipal
11employees concerned to determine, by secret ballot, whether or not they desire to be
12established as a separate collective bargaining unit. The commission shall not
13decide, however, that any group of municipal employees constitutes an appropriate
14collective bargaining unit if the group includes both municipal employees who are
15school district professional employees and municipal employees who are not school
16district professional employees.
The commission shall not decide , however, that any
17other group of municipal employees constitutes an appropriate collective bargaining
18unit if the group includes both professional employees and nonprofessional
19employees, unless a majority of the professional employees vote for inclusion in the
20unit. The commission shall not decide that any group of municipal employees
21constitutes an appropriate collective bargaining unit if the group includes both craft
22employees and noncraft employees unless a majority of the craft employees vote for
23inclusion in the unit. The commission shall place the professional employees who are
24assigned to perform any services at a charter school, as defined in s. 115.001 (1), in
25a separate collective bargaining unit from a unit that includes any other professional

1employees whenever at least 30% of those professional employees request an election
2to be held to determine that issue and a majority of the professional employees at the
3charter school who cast votes in the election decide to be represented in a separate
4collective bargaining unit. Upon the expiration of any collective bargaining
5agreement in force, the commission shall combine into a single collective bargaining
6unit 2 or more collective bargaining units consisting of school district employees if
7a majority of the employees voting in each collective bargaining unit vote to combine.

8Any vote taken under this subsection shall be by secret ballot.
AB75-SSA1, s. 2239 9Section 2239. 111.70 (4) (m) 6. of the statutes is amended to read:
AB75-SSA1,1198,1110 111.70 (4) (m) 6. Solicitation of sealed bids for the provision of group health care
11benefits for school district professional employees as provided in s. 120.12 (24).
AB75-SSA1, s. 2240 12Section 2240. 111.81 (3h) of the statutes is created to read:
AB75-SSA1,1198,1313 111.81 (3h) "Consumer" has the meaning given in s. 46.2898 (1) (cm).
AB75-SSA1, s. 2240L 14Section 2240L. 111.81 (7) (b) of the statutes is amended to read:
AB75-SSA1,1198,1815 111.81 (7) (b) Program, project, research, or teaching assistants employed by
16the University of Wisconsin System, except supervisors, management employees
17and individuals who are privy to confidential matters affecting the
18employer-employee relationship.
AB75-SSA1, s. 2241 19Section 2241. 111.81 (7) (g) of the statutes is created to read:
AB75-SSA1,1198,2220 111.81 (7) (g) For purposes of this subchapter only, home care providers. This
21paragraph does not make home care providers state employees for any other purpose
22except collective bargaining.
AB75-SSA1, s. 2242 23Section 2242. 111.81 (9k) of the statutes is created to read:
AB75-SSA1,1198,2524 111.81 (9k) "Home care provider" means a qualified provider under s. 46.2898
25(1) (f).
AB75-SSA1, s. 2242e
1Section 2242e. 111.81 (15m) of the statutes is amended to read:
AB75-SSA1,1199,112 111.81 (15m) "Program assistant" or "project assistant" means a graduate
3student enrolled in the University of Wisconsin System who is assigned to conduct
4research, training, administrative responsibilities or other academic or academic
5support projects or programs, except regular preparation of instructional materials
6for courses or manual or clerical assignments, under the supervision of a member of
7the faculty or academic staff, as defined in s. 36.05 (1) or (8), primarily for the benefit
8of the university, faculty or academic staff supervisor or a granting agency. "Project
9assistant" or "program assistant" does not include a graduate student who does work
10which is primarily for the benefit of the student's own learning and research and
11which is independent or self-directed.
AB75-SSA1, s. 2242m 12Section 2242m. 111.81 (17m) of the statutes is created to read:
AB75-SSA1,1199,1713 111.81 (17m) "Research assistant" means a graduate student enrolled in the
14University of Wisconsin System who is assigned to conduct research under the
15supervision of a member of the faculty or academic staff, as defined in s. 36.05 (1) or
16(8), and includes graduate students required to perform these responsibilities in
17order to attain a graduate degree.
AB75-SSA1, s. 2242r 18Section 2242r. 111.81 (19m) of the statutes is amended to read:
AB75-SSA1,1199,2419 111.81 (19m) "Teaching assistant" means a graduate student enrolled in the
20University of Wisconsin System who is regularly assigned teaching and related
21responsibilities, other than manual or clerical responsibilities, under the
22supervision of a member of the faculty as defined in s. 36.05 (8), and includes
23graduate students required to perform these responsibilities in order to attain a
24graduate degree
.
AB75-SSA1, s. 2243 25Section 2243. 111.815 (1) and (2) of the statutes are amended to read:
AB75-SSA1,1201,2
1111.815 (1) In the furtherance of this subchapter, the state shall be considered
2as a single employer and employment relations policies and practices throughout the
3state service shall be as consistent as practicable. The office shall negotiate and
4administer collective bargaining agreements except that the department of health
5services, subject to the approval of the federal centers for medicare and medicaid
6services to use collective bargaining as the method of setting rates for
7reimbursement of home care providers, shall negotiate and administer collective
8bargaining agreements entered into with the collective bargaining unit specified in
9s. 111.825 (2g)
. To coordinate the employer position in the negotiation of agreements,
10the office, or the department of health services with regard to collective bargaining
11agreements entered into with the collective bargaining unit specified in s. 111.825
12(2g),
shall maintain close liaison with the legislature relative to the negotiation of
13agreements and the fiscal ramifications of those agreements. Except with respect
14to the collective bargaining units specified in s. 111.825 (1m) and, (2) (f), and (2g), the
15office is responsible for the employer functions of the executive branch under this
16subchapter, and shall coordinate its collective bargaining activities with operating
17state agencies on matters of agency concern. The legislative branch shall act upon
18those portions of tentative agreements negotiated by the office that require
19legislative action. With respect to the collective bargaining units specified in s.
20111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible
21for the employer functions under this subchapter. With respect to the collective
22bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter
23school established by contract under s. 118.40 (2r) (cm) is responsible for the
24employer functions under this subchapter. With respect to the collective bargaining

1unit specified in s. 111.825 (2g), the department of health services is responsible for
2the employer functions of the executive branch under this subchapter.
AB75-SSA1,1201,9 3(2) In the furtherance of the policy under s. 111.80 (4), the director of the office
4shall, together with the appointing authorities or their representatives, represent
5the state in its responsibility as an employer under this subchapter except with
6respect to negotiations in the collective bargaining units specified in s. 111.825 (1m),
7and (2) (f), and (2g). The director of the office shall establish and maintain, wherever
8practicable, consistent employment relations policies and practices throughout the
9state service.
AB75-SSA1, s. 2243e 10Section 2243e. 111.825 (2) (a) of the statutes is amended to read:
AB75-SSA1,1201,1211 111.825 (2) (a) The program, project, research, and teaching assistants of the
12University of Wisconsin-Madison and the University of Wisconsin-Extension.
AB75-SSA1, s. 2243f 13Section 2243f. 111.825 (2) (b) of the statutes is amended to read:
AB75-SSA1,1201,1514 111.825 (2) (b) The program, project, research, and teaching assistants of the
15University of Wisconsin-Milwaukee.
AB75-SSA1, s. 2243g 16Section 2243g. 111.825 (2) (c) of the statutes is amended to read:
AB75-SSA1,1201,1917 111.825 (2) (c) The program, project, research, and teaching assistants of the
18Universities of Wisconsin-Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside,
19Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater.
AB75-SSA1, s. 2244 20Section 2244. 111.825 (2g) of the statutes is created to read:
AB75-SSA1,1201,2221 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-SSA1, s. 2245 23Section 2245. 111.825 (3) of the statutes is amended to read:
AB75-SSA1,1201,2524 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-SSA1, s. 2246
1Section 2246. 111.825 (4) of the statutes is amended to read:
AB75-SSA1,1202,92 111.825 (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-SSA1, s. 2247 10Section 2247. 111.83 (1) of the statutes is amended to read:
AB75-SSA1,1202,2111 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-SSA1, s. 2248 22Section 2248. 111.83 (5m) of the statutes is created to read:
AB75-SSA1,1202,2423 111.83 (5m) (a) This subsection applies only to a collective bargaining unit
24specified in s. 111.825 (2g).
AB75-SSA1,1203,3
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-SSA1,1203,64 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-SSA1,1203,87 b. The labor organization is a certified representative of any home care
8providers in this state.
AB75-SSA1,1203,119 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-SSA1,1203,1412 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-SSA1,1203,2515 (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-SSA1,1204,6
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-SSA1, s. 2249 7Section 2249. 111.84 (2) (c) of the statutes is amended to read:
AB75-SSA1,1204,158 111.84 (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-SSA1, s. 2250 16Section 2250. 111.905 of the statutes is created to read:
AB75-SSA1,1204,19 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-SSA1,1204,21 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-SSA1, s. 2251 22Section 2251. 111.91 (1) (cg) of the statutes is created to read:
AB75-SSA1,1204,2523 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-SSA1, s. 2251w
1Section 2251w. 111.91 (2) (n) of the statutes, as affected by 2009 Wisconsin
2Act 14
, is amended to read:
AB75-SSA1,1205,43 111.91 (2) (n) The provision to employees of the health insurance coverage
4required under s. 632.895 (11) to (14) and, (16), and (17).
AB75-SSA1, s. 2252 5Section 2252. 111.91 (2) (nm) of the statutes is amended to read:
AB75-SSA1,1205,86 111.91 (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-SSA1, s. 2252m 9Section 2252m. 111.91 (2) (t) of the statutes is created to read:
AB75-SSA1,1205,1210 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-SSA1, s. 2253 13Section 2253. 111.91 (2c) of the statutes is created to read:
AB75-SSA1,1205,1614 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-SSA1,1205,1717 (a) Policies.
AB75-SSA1,1205,1818 (b) Work rules.
AB75-SSA1,1205,1919 (c) Hours of employment.
AB75-SSA1,1205,2020 (d) Any right of the consumer under s. 111.905.
AB75-SSA1, s. 2254 21Section 2254. 111.92 (1) (a) of the statutes is amended to read:
AB75-SSA1,1206,1922 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-SSA1, s. 2254g 20Section 2254g. 111.92 (2m) of the statutes is created to read:
AB75-SSA1,1206,2221 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-SSA1, s. 2255 23Section 2255. Subchapter VI of chapter 111 [precedes 111.95] of the statutes
24is created to read:
AB75-SSA1,1206,2525 CHAPTER 111
AB75-SSA1,1206,26
1Subchapter VI
AB75-SSA1,1207,42 University of Wisconsin system
3 faculty and academic staff
4 labor relations
AB75-SSA1,1207,8 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-SSA1,1207,11 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-SSA1,1207,15 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-SSA1,1207,16 16111.96 Definitions. In this subchapter:
AB75-SSA1,1207,19 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-SSA1,1207,20 20(2) "Board" means the Board of Regents of the University of Wisconsin System.
AB75-SSA1,1208,3 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-SSA1,1208,4 4(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
AB75-SSA1,1208,5 5(5) "Commission" means the employment relations commission.
Loading...
Loading...