Amendment AA1-ASA1-AB40

AB40-ASA1-AA1,69,19 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission in which public safety employees or transit employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement. Unless a majority of the eligible employees vote in favor of the fair-share agreement, it shall be deemed terminated and that portion of the collective bargaining agreement deemed null and void.

AB40-ASA1-AA1, s. 2406fr Section 2406fr. 111.70 (1) (nm) of the statutes is amended to read:

AB40-ASA1-AA1,70,5 111.70 (1) (nm) "Strike" includes any strike or other concerted stoppage of work by municipal employees, and any concerted slowdown or other concerted interruption of operations or services by municipal employees, or any concerted refusal to work or perform their usual duties as municipal employees, for the purpose of enforcing demands upon a municipal employer. Such conduct by municipal employees which is not authorized or condoned by a labor organization constitutes a "strike", but does not subject such labor organization to the penalties under this subchapter. This paragraph does not apply to collective bargaining units composed of municipal employees who are engaged in law enforcement or fire fighting functions.

AB40-ASA1-AA1, s. 2406gh Section 2406gh. 111.70 (1) (p) of the statutes is created to read:

AB40-ASA1-AA1,70,8 111.70 (1) (p) "Transit employee" means a municipal employee who is determined to be a transit employee under sub. (4) (bm).

AB40-ASA1-AA1, s. 2406hg Section 2406hg. 111.70 (2) of the statutes is amended to read:

AB40-ASA1-AA1,71,13 111.70 (2) Rights of municipal employees. Municipal 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, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and such employees shall. Municipal employees have the right to refrain from any and all such activities except that employees. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, may be required to pay dues in the manner provided in a fair-share agreement. Such; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement shall be covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30% of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall be deemed terminated terminate. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed, or sex to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement shall be made is subject to this duty of the commission. Any of the parties to such agreement or any municipal public safety employee or transit employee covered thereby by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB40-ASA1-AA1, s. 2406hr Section 2406hr. 111.70 (3) (a) 3. of the statutes is amended to read:

AB40-ASA1-AA1,71,18 111.70 (3) (a) 3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement that covers public safety employees or transit employees.

AB40-ASA1-AA1, s. 2406ig Section 2406ig. 111.70 (3) (a) 4. of the statutes is amended to read:

AB40-ASA1-AA1,72,12 111.70 (3) (a) 4. To refuse to bargain collectively with a representative of a majority of its employees in an appropriate collective bargaining unit. Such refusal shall include includes action by the employer to issue or seek to obtain contracts, including those provided for by statute, with individuals in the collective bargaining unit while collective bargaining, mediation, or fact-finding concerning the terms and conditions of a new collective bargaining agreement is in progress, unless such individual contracts contain express language providing that the contract is subject to amendment by a subsequent collective bargaining agreement. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate bargaining unit does in fact have that support, it may file with the commission a petition requesting an election to that claim. An employer shall not be deemed to have refused to bargain until an election has been held and the results thereof certified to the employer by the commission. The violation shall include, though not be limited thereby, to the refusal to execute a collective bargaining agreement previously agreed upon. The term of any collective bargaining agreement covering municipal employees who are not school district employees shall not exceed 3 years, and the term of any collective bargaining agreement covering school district employees shall not exceed 4 years.

AB40-ASA1-AA1, s. 2406ir Section 2406ir. 111.70 (3) (a) 5. of the statutes is amended to read:

AB40-ASA1-AA1,72,22 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting municipal public safety employees or transit employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB40-ASA1-AA1, s. 2406pg Section 2406pg. 111.70 (3) (a) 6. of the statutes is amended to read:

AB40-ASA1-AA1,73,6 111.70 (3) (a) 6. To deduct labor organization dues from an employee's or supervisor's the earnings of a public safety employee or a transit employees, unless the municipal employer has been presented with an individual order therefor, signed by the municipal employee personally, and terminable by at least the end of any year of its life or earlier by the municipal public safety employee or transit employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except where there is when a fair-share agreement is in effect.

AB40-ASA1-AA1, s. 2406pr Section 2406pr. 111.70 (3) (a) 7. of the statutes is repealed.

AB40-ASA1-AA1, s. 2406prm Section 2406prm. 111.70 (3) (a) 7m. of the statutes is created to read:

AB40-ASA1-AA1,73,10 111.70 (3) (a) 7m. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cg).

AB40-ASA1-AA1, s. 2406rg Section 2406rg. 111.70 (3) (a) 9. of the statutes is amended to read:

AB40-ASA1-AA1,73,15 111.70 (3) (a) 9. After If the collective bargaining unit contains a public safety employee or transit employee, after a collective bargaining agreement expires and before another collective bargaining agreement takes effect, to fail to follow any fair-share agreement in the expired collective bargaining agreement.

AB40-ASA1-AA1, s. 2406rr Section 2406rr. 111.70 (3) (b) 6. of the statutes is repealed.

AB40-ASA1-AA1, s. 2406rrm Section 2406rrm. 111.70 (3) (b) 6m. of the statutes is created to read:

AB40-ASA1-AA1,73,19 111.70 (3) (b) 6m. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cg).

AB40-ASA1-AA1, s. 2406tg Section 2406tg. 111.70 (3g) of the statutes is created to read:

AB40-ASA1-AA1,73,23 111.70 (3g) Wage deduction prohibition. A municipal employer may not deduct labor organization dues from the earnings of a general municipal employee or supervisor.".

AB40-ASA1-AA1,73,24 82. Page 975, line 18: after that line insert:

AB40-ASA1-AA1,74,1 " Section 2408db. 111.70 (4) (L) of the statutes is amended to read:

AB40-ASA1-AA1,74,6 111.70 (4) (L) Strikes prohibited. Except as authorized under par. (cm) 5. and 6. c., nothing Nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employee or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under sub. (7m).

AB40-ASA1-AA1, s. 2408dg Section 2408dg. 111.70 (4) (m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2409bg Section 2409bg. 111.70 (4) (mb) of the statutes is created to read:

AB40-ASA1-AA1,74,12 111.70 (4) (mb) Prohibited subjects of bargaining; general municipal employees. The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a general municipal employee with respect to any of the following:

AB40-ASA1-AA1,74,16 1. Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions.

AB40-ASA1-AA1,74,18 2. Except as provided in s. 66.0506 or 118.245, whichever is applicable, any proposal that does any of the following:

AB40-ASA1-AA1,74,23 a. If there is an increase in the consumer price index change, provides for total base wages for authorized positions in the proposed collective bargaining agreement that exceed the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the consumer price index change.

AB40-ASA1-AA1,75,2 b. If there is a decrease or no change in the consumer price index change, provides for any change in total base wages for authorized positions in the proposed collective bargaining agreement from the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement.

AB40-ASA1-AA1, s. 2409br Section 2409br. 111.70 (4) (mbb) of the statutes is created to read:

AB40-ASA1-AA1,75,8 111.70 (4) (mbb) For purposes of determining compliance with par. (mb), the commission shall provide, upon request, to a municipal employer or to any representative of a collective bargaining unit containing a general municipal employee, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.

AB40-ASA1-AA1, s. 2409cg Section 2409cg. 111.70 (4) (mc) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,75,13 111.70 (4) (mc) Prohibited subjects of bargaining; public safety employees. (intro.) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a public safety employee with respect to any of the following:".

AB40-ASA1-AA1,75,14 83. Page 975, line 19: after that line insert:

AB40-ASA1-AA1,75,15 " Section 2409cr. 111.70 (4) (mc) 4. of the statutes is repealed.".

AB40-ASA1-AA1,75,16 84. Page 976, line 11: after that line insert:

AB40-ASA1-AA1,75,17 " Section 2409dg. 111.70 (4) (n) and (o) of the statutes are repealed.

AB40-ASA1-AA1, s. 2409dr Section 2409dr. 111.70 (6) of the statutes is repealed.

AB40-ASA1-AA1, s. 2409eg Section 2409eg. 111.70 (7) of the statutes is repealed.

AB40-ASA1-AA1, s. 2409er Section 2409er. 111.70 (7m) (b) of the statutes is repealed.

AB40-ASA1-AA1, s. 2409fg Section 2409fg. 111.70 (7m) (c) 1. a. of the statutes is amended to read:

AB40-ASA1-AA1,76,7 111.70 (7m) (c) 1. a. Any labor organization that represents public safety employees or transit employees which violates sub. (4) (L) shall be penalized by the suspension of may not collect any dues check-off under a collective bargaining agreement and or under a fair-share agreement between the municipal employer and such labor organization from any employee covered by either agreement for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the municipal public safety employees or transit employees covered by such dues check-off the collective bargaining agreement or fair-share agreement or the agreement is no longer in effect.

AB40-ASA1-AA1, s. 2409fr Section 2409fr. 111.70 (7m) (c) 3. of the statutes is repealed.

AB40-ASA1-AA1, s. 2409gg Section 2409gg. 111.70 (7m) (e) and (f) of the statutes are repealed.

AB40-ASA1-AA1, s. 2409gr Section 2409gr. 111.70 (8) (a) of the statutes is amended to read:

AB40-ASA1-AA1,76,16 111.70 (8) (a) This section, except subs. (1) (nm), sub. (4) (cg) and (cm) and (7m), applies to law enforcement supervisors employed by a 1st class city. This section, except subs. (1) (nm), sub. (4) (cm) and (jm) and (7m), applies to law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the term terms "municipal employee" includes and "public safety employee" include such a supervisor.

AB40-ASA1-AA1, s. 2409hg Section 2409hg. 111.71 (2) of the statutes is amended to read:

AB40-ASA1-AA1,78,2 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1., (cg) 3., or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) (cg) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cg) 3., 4., and 6., (cm) 3., and 4. and 6., and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) (cg) 6. or (jm) or 111.77 (3) shall may not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB40-ASA1-AA1, s. 2409hr Section 2409hr. 111.71 (4) of the statutes is repealed.

AB40-ASA1-AA1, s. 2409hrm Section 2409hrm. 111.71 (4m) of the statutes is created to read:

AB40-ASA1-AA1,78,9 111.71 (4m) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cg). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB40-ASA1-AA1, s. 2409ig Section 2409ig. 111.71 (5) of the statutes is repealed.

AB40-ASA1-AA1, s. 2409igm Section 2409igm. 111.71 (5m) of the statutes is created to read:

AB40-ASA1-AA1,78,21 111.71 (5m) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under s. 111.70 (4) (cg). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.

AB40-ASA1-AA1, s. 2409ir Section 2409ir. 111.77 (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,79,3 111.77 Settlement of disputes in collective bargaining units composed of law enforcement personnel and fire fighters. (intro.) In fire departments and city and county law enforcement agencies municipal Municipal employers and employees public safety employees, as provided in sub. (8), have the duty to bargain collectively in good faith including the duty to refrain from strikes or lockouts and to comply with the procedures set forth below following:".

AB40-ASA1-AA1,79,4 85. Page 976, line 20: after that line insert:

AB40-ASA1-AA1,79,5 " Section 2409jg. 111.77 (8) (a) of the statutes is amended to read:

AB40-ASA1-AA1,79,9 111.77 (8) (a) This section applies to law enforcement public safety employees who are supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the term "municipal employee" includes such a supervisor.

AB40-ASA1-AA1, s. 2409jn Section 2409jn. 111.77 (9) of the statutes is amended to read:

AB40-ASA1-AA1,79,12 111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) shall does not apply to employments covered by this section.

AB40-ASA1-AA1, s. 2409jr Section 2409jr. 111.80 of the statutes is repealed.

AB40-ASA1-AA1, s. 2409kg Section 2409kg. 111.81 (1) of the statutes is amended to read:

AB40-ASA1-AA1,79,24 111.81 (1) "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. 111.91 (1), with respect to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3), with respect to general employees, 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.

AB40-ASA1-AA1, s. 2409kr Section 2409kr. 111.81 (3h) of the statutes is repealed.

AB40-ASA1-AA1, s. 2409Lg Section 2409Lg. 111.81 (3n) of the statutes is created to read:

AB40-ASA1-AA1,80,6 111.81 (3n) "Consumer price index change" means the average annual percentage change in the consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the current date.".

AB40-ASA1-AA1,80,7 86. Page 977, line 4: after that line insert:

AB40-ASA1-AA1,80,8 " Section 2410bc. 111.81 (7) (g) of the statutes is repealed.

AB40-ASA1-AA1,80,9 " Section 2410bcm. 111.81 (9) of the statutes is amended to read:

AB40-ASA1-AA1,80,15 111.81 (9) "Fair-share agreement" means an agreement between the employer and a labor organization representing public safety employees or supervisors specified in s. 111.825 (5) under which all of the public safety employees or supervisors 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.

AB40-ASA1-AA1, s. 2410bd Section 2410bd. 111.81 (9g) of the statutes is created to read:

AB40-ASA1-AA1,80,18 111.81 (9g) "General employee" means an employee who is not a public safety employee.

AB40-ASA1-AA1, s. 2410be Section 2410be. 111.81 (9k) of the statutes is repealed.

AB40-ASA1-AA1, s. 2410bf Section 2410bf. 111.81 (12) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,81,2 111.81 (12) (intro.) "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 that are subject to collective bargaining under s. 111.91 (1) or (3), whichever is applicable; but the term shall not include any organization:

AB40-ASA1-AA1, s. 2410bg Section 2410bg. 111.81 (12m) of the statutes is amended to read:

AB40-ASA1-AA1,81,11 111.81 (12m) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing public safety employees or supervisors specified in s. 111.825 (5) which requires that all of the public safety employees or supervisors whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) at 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 public safety employees or supervisors who are hired on or after the effective date of the agreement.

AB40-ASA1-AA1, s. 2410bh Section 2410bh. 111.81 (15r) of the statutes is created to read:

AB40-ASA1-AA1,81,14 111.81 (15r) "Public safety employee" means any individual under s. 40.02 (48) (am) 7. or 8.

AB40-ASA1-AA1, s. 2410bj Section 2410bj. 111.81 (16) of the statutes is amended to read:

AB40-ASA1-AA1,81,20 111.81 (16) "Referendum" means a proceeding conducted by the commission in which public safety employees, or supervisors specified in s. 111.825 (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.".

AB40-ASA1-AA1,81,22 87. Page 977, line 5: delete the material beginning with that line and ending with page 978, line 19, and substitute: