Amendment ASA1-AB40

AB40-ASA1,976,11 6. The design and selection of health care coverage plans by the municipal employer for public safety employees, and the impact of the design and selection of the health care coverage plans on the wages, hours, and conditions of employment of the public safety employee.

AB40-ASA1, s. 2409it Section 2409it. 111.77 (6) of the statutes is renumbered 111.77 (6) (bm), and 111.77 (6) (bm) (intro.), as renumbered, is amended to read:

AB40-ASA1,976,15 111.77 (6) (bm) (intro.) In reaching a decision, in addition to the factors under par. (am), the arbitrator shall give weight to the following factors:

AB40-ASA1, s. 2409iv Section 2409iv. 111.77 (6) (am) of the statutes is created to read:

AB40-ASA1,976,20 111.77 (6) (am) In reaching a decision, the arbitrator shall give greater weight to the economic conditions in the jurisdiction of the municipal employer than the arbitrator gives to the factors under par. (bm). The arbitrator shall give an accounting of the consideration of this factor in the arbitrator's decision.

AB40-ASA1, s. 2410a Section 2410a. 111.81 (7) (ar) of the statutes is created to read:

AB40-ASA1,976,25 111.81 (7) (ar) Any employee who is employed by the University of Wisconsin System, except an employee who is assigned to the University of Wisconsin-Madison, and except academic faculty under s. 36.13 and academic staff under s. 36.15.

AB40-ASA1, s. 2410b Section 2410b. 111.81 (7) (at) of the statutes is created to read:

AB40-ASA1,977,4 111.81 (7) (at) Any employee who is employed by the University of Wisconsin System and assigned to the University of Wisconsin-Madison except academic faculty under s. 36.13 and academic staff under s. 36.15.

AB40-ASA1, s. 2410c Section 2410c. 111.815 (1) of the statutes is amended to read:

AB40-ASA1,978,11 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g), shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m), (2) (f), (1r), (1t), and (2g), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f) (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

AB40-ASA1, s. 2410d Section 2410d. 111.815 (2) of the statutes is amended to read:

AB40-ASA1,978,19 111.815 (2) In the furtherance of the policy under s. 111.80 (4), the director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1m), (2) (f), (1r), (1t), and (2g). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

AB40-ASA1, s. 2410e Section 2410e. 111.825 (1r) of the statutes is created to read:

AB40-ASA1,978,24 111.825 (1r) Except as provided in sub. (2), collective bargaining units for employees who are employed by the University of Wisconsin System, other than employees who are assigned to the University of Wisconsin-Madison, are structured with one collective bargaining unit for each of the following occupational groups:

AB40-ASA1,978,25 (a) Administrative support.

AB40-ASA1,979,1 (b) Blue collar and nonbuilding trades.

AB40-ASA1,979,2 (c) Building trades crafts.

AB40-ASA1,979,3 (cm) Law enforcement.

AB40-ASA1,979,4 (d) Security and public safety.

AB40-ASA1,979,5 (e) Technical.

AB40-ASA1,979,6 (f) Professional:

AB40-ASA1,979,7 1. Fiscal and staff services.

AB40-ASA1,979,8 2. Research, statistics, and analysis.

AB40-ASA1,979,9 3. Legal.

AB40-ASA1,979,10 4. Patient treatment.

AB40-ASA1,979,11 5. Patient care.

AB40-ASA1,979,12 6. Social services.

AB40-ASA1,979,13 7. Education.

AB40-ASA1,979,14 8. Engineering.

AB40-ASA1,979,15 9. Science.

AB40-ASA1, s. 2410f Section 2410f. 111.825 (1t) of the statutes is created to read:

AB40-ASA1,979,20 111.825 (1t) Except as provided in sub. (2), collective bargaining units for employees employed by the University of Wisconsin System and assigned to the University of Wisconsin-Madison are structured with one collective bargaining unit for each of the following occupational groups:

AB40-ASA1,979,21 (a) Administrative support.

AB40-ASA1,979,22 (b) Blue collar and nonbuilding trades.

AB40-ASA1,979,23 (c) Building trades crafts.

AB40-ASA1,979,24 (cm) Law enforcement.

AB40-ASA1,979,25 (d) Security and public safety.

AB40-ASA1,980,1 (e) Technical.

AB40-ASA1,980,2 (f) Professional:

AB40-ASA1,980,3 1. Fiscal and staff services.

AB40-ASA1,980,4 2. Research, statistics, and analysis.

AB40-ASA1,980,5 3. Legal.

AB40-ASA1,980,6 4. Patient treatment.

AB40-ASA1,980,7 5. Patient care.

AB40-ASA1,980,8 6. Social services.

AB40-ASA1,980,9 7. Education.

AB40-ASA1,980,10 8. Engineering.

AB40-ASA1,980,11 9. Science.

AB40-ASA1, s. 2410g Section 2410g. 111.825 (2) (a) of the statutes is renumbered 111.825 (1t) (em) and amended to read:

AB40-ASA1,980,15 111.825 (1t) (em) The program, project, and teaching assistants of the University of Wisconsin-Madison and.

AB40-ASA1,980,17 (1r) (em) The program, project, and teaching assistants of the University of Wisconsin-Extension.

AB40-ASA1, s. 2410h Section 2410h. 111.825 (2) (b), (c) and (f) of the statutes are renumbered 111.825 (1r) (eb), (ec) and (ef).

AB40-ASA1, s. 2410i Section 2410i. 111.825 (2) (g) of the statutes is renumbered 111.825 (1t) (er) and amended to read:

AB40-ASA1,980,23 111.825 (1t) (er) Research assistants of the University of Wisconsin-Madison and.

AB40-ASA1,980,24 (1r) (er) Research assistants of the University of Wisconsin-Extension.

AB40-ASA1, s. 2410j Section 2410j. 111.825 (2) (h) and (i) of the statutes are renumbered 111.825 (1r) (eh) and (ei).

AB40-ASA1, s. 2410k Section 2410k. 111.825 (3) of the statutes is amended to read:

AB40-ASA1,981,5 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1m), (1r), (1t), (2), and (2g).

AB40-ASA1, s. 2410L Section 2410L. 111.825 (3m) of the statutes is created to read:

AB40-ASA1,981,14 111.825 (3m) If, on or after the effective date of this subsection .... [LRB inserts date], the University of Wisconsin-Madison or the Board of Regents of the University of Wisconsin System creates a new position title or classification for a position, the commission shall, within 30 days of being notified of the creation, determine if the title or classification would make the person who holds the position an employee under s. 111.81 (7) (ar) or (at) and assign any new position title or classification that would make the position holder an employee to the appropriate collective bargaining unit under s. 111.825 (1r) or (1t).

AB40-ASA1, s. 2410m Section 2410m. 111.825 (4) of the statutes is amended to read:

AB40-ASA1,981,23 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1), (1m), (1r), (1t), (2), or (2g) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.

AB40-ASA1, s. 2410n Section 2410n. 111.825 (6) of the statutes is amended to read:

AB40-ASA1,982,11 111.825 (6) The commission shall only assign only an employee of the department of administration, department of transportation, University of Wisconsin-Madison, or board of regents of the University of Wisconsin System who engages in the detection and prevention of crime, who enforces the laws and who is authorized to make arrests for violations of the laws; an employee of the department of administration, department of transportation, University of Wisconsin-Madison, or board of regents of the University of Wisconsin System who provides technical law enforcement support to such employees; and an employee of the department of transportation who engages in motor vehicle inspection or operator's license examination to the a collective bargaining unit under sub. (1) (cm), (1r) (cm), or (1t) (cm), whichever is appropriate.

AB40-ASA1, s. 2410o Section 2410o. 111.825 (7) of the statutes is created to read:

AB40-ASA1,982,19 111.825 (7) Notwithstanding sub. (3), if on the effective date of this subsection .... [LRB inserts date], an employee of the University of Wisconsin System is assigned to a collective bargaining unit under sub. (1) or (2) (a), (b), (c), (g), (h), or (i) the commission shall assign the person to the corresponding collective bargaining unit under sub. (1r) or (1t), whichever is appropriate. Except as otherwise provided in this subchapter, the commission may not assign any other persons to the collective bargaining units under sub. (1r) or (1t).

AB40-ASA1, s. 2410pm Section 2410pm. 111.83 (5) (a) of the statutes is amended to read:

AB40-ASA1,982,22 111.83 (5) (a) This subsection applies only to the collective bargaining unit specified in s. 111.825 (2) (c) (1r) (ec).

AB40-ASA1, s. 2410q Section 2410q. 111.83 (5) (b) of the statutes is amended to read:

AB40-ASA1,983,14 111.83 (5) (b) Upon filing of a petition with the commission indicating a showing of interest of at least 30% of the employees at an institution who are included within a collective bargaining unit to be represented by a labor organization, the commission shall hold an election in which the employees in that unit at that institution may vote on the question of representation. The labor organization named in any such petition shall be included on the ballot. Within 60 days of the time that an original petition is filed, another petition may be filed with the commission indicating a showing of interest of at least 10% of the employees at the same institution who are included in the same collective bargaining unit to be represented by another labor organization, in which case the name of that labor organization shall be included on the ballot. If more than one original petition is filed within a 30-day period concerning employees in the collective bargaining unit specified in s. 111.825 (2) (c) (1r) (ec), the results of all elections held pursuant to the petitions shall be announced by the commission at the same time. The ballot shall be prepared in accordance with sub. (3), except as otherwise provided in this subsection.

AB40-ASA1, s. 2410r Section 2410r. 111.83 (5) (c) of the statutes is amended to read:

AB40-ASA1,983,20 111.83 (5) (c) Notwithstanding s. 111.825 (2) (c) (1r) (ec), the employees at any institution included within the collective bargaining unit at which no petition is filed and no election is held or at which the employees indicate, by a majority of those voting in an election, a desire not to participate in collective bargaining are not considered to be a part of that collective bargaining unit.

AB40-ASA1, s. 2410s Section 2410s. 111.83 (7) of the statutes is renumbered 111.83 (7) (a).

AB40-ASA1, s. 2410t Section 2410t. 111.83 (7) (b) of the statutes is created to read:

AB40-ASA1,984,6 111.83 (7) (b) Notwithstanding subs. (1), (3) and (6) and s. 111.825 (4), if on the effective date of this paragraph ... [LRB inserts date], there is a representative recognized or certified to represent the employees in any of the collective bargaining units specified in s. 111.825 (1) (a) to (f), that representative shall become the representative of the employees in the corresponding collective bargaining units specified in s. 111.825 (1r) (a) to (f) or (1t) (a) to (f), whichever is appropriate, without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section during October 2014 or at any subsequent time when sub. (6) applies.

AB40-ASA1, s. 2410u Section 2410u. 111.84 (2) (c) of the statutes is amended to read:

AB40-ASA1,984,15 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (b) (ar) to (g) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-ASA1, s. 2410v Section 2410v. 111.85 (5) of the statutes is renumbered 111.85 (5) (a).

AB40-ASA1, s. 2410w Section 2410w. 111.85 (5) (b) of the statutes is created to read:

AB40-ASA1,984,25 111.85 (5) (b) Notwithstanding sub. (1), if on the effective date of this paragraph .... [LRB inserts date], there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (a) to (f), that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.825 (1r) (a) to (f) or (1t) (a) to (f), whichever is appropriate, without the necessity of filing a petition or conducting a referendum, subject to the right of the employees in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a).

AB40-ASA1, s. 2424hr Section 2424hr. 111.91 (1) (cm) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-ASA1,985,8 111.91 (1) (cm) Except as provided in sub. (2) (g) and (h) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40 and all actions of the employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to the public safety employees.

AB40-ASA1, s. 2424jp Section 2424jp. 111.91 (2) (fm) of the statutes is created to read:

AB40-ASA1,985,15 111.91 (2) (fm) If the collective bargaining unit contains a public safety employee initially employed on or after the effective date of this paragraph .... [LRB inserts date], the requirement under s. 40.05 (1) (b) that the employer may not pay, on behalf of that public safety employee, any employee required contributions or the employee share of required contributions and the impact of this requirement on the wages, hours, and conditions of employment of that public safety employee.

AB40-ASA1, s. 2426c Section 2426c. 111.91 (4) of the statutes is amended to read:

AB40-ASA1,985,25 111.91 (4) The director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a) 1., shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.

AB40-ASA1, s. 2426g Section 2426g. 111.92 (1) (a) of the statutes is renumbered 111.92 (1) (a) 1. and amended to read:

AB40-ASA1,986,9 111.92 (1) (a) 1. Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1), (2) (a) to (d) or (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.