AB40-ASA1-AA1,73,109
111.70
(3) (a) 7m. To refuse or otherwise fail to implement an arbitration
10decision lawfully made under sub. (4) (cg).
AB40-ASA1-AA1,73,1512
111.70
(3) (a) 9.
After If the collective bargaining unit contains a public safety
13employee or transit employee, after a collective bargaining agreement expires and
14before another collective bargaining agreement takes effect, to fail to follow any
15fair-share agreement in the expired collective bargaining agreement.
AB40-ASA1-AA1,73,1918
111.70
(3) (b) 6m. To refuse or otherwise fail to implement an arbitration
19decision lawfully made under sub. (4) (cg).
AB40-ASA1-AA1,73,2321
111.70
(3g) Wage deduction prohibition. A municipal employer may not
22deduct labor organization dues from the earnings of a general municipal employee
23or supervisor.".
AB40-ASA1-AA1,74,62
111.70
(4) (L)
Strikes prohibited.
Except as authorized under par. (cm) 5. and
36. c., nothing Nothing contained in this subchapter constitutes a grant of the right
4to strike by any municipal employee or labor organization, and such strikes are
5hereby expressly prohibited.
Paragraph (cm) does not authorize any strike after an
6injunction has been issued against such strike under sub. (7m).
AB40-ASA1-AA1,74,129
111.70
(4) (mb)
Prohibited subjects of bargaining; general municipal employees. 10The municipal employer is prohibited from bargaining collectively with a collective
11bargaining unit containing a general municipal employee with respect to any of the
12following:
AB40-ASA1-AA1,74,1613
1. Any factor or condition of employment except wages, which includes only
14total base wages and excludes any other compensation, which includes, but is not
15limited to, overtime, premium pay, merit pay, performance pay, supplemental
16compensation, pay schedules, and automatic pay progressions.
AB40-ASA1-AA1,74,1817
2. Except as provided in s. 66.0506 or 118.245, whichever is applicable, any
18proposal that does any of the following:
AB40-ASA1-AA1,74,2319
a. If there is an increase in the consumer price index change, provides for total
20base wages for authorized positions in the proposed collective bargaining agreement
21that exceed the total base wages for authorized positions 180 days before the
22expiration of the previous collective bargaining agreement by a greater percentage
23than the consumer price index change.
AB40-ASA1-AA1,75,224
b. If there is a decrease or no change in the consumer price index change,
25provides for any change in total base wages for authorized positions in the proposed
1collective bargaining agreement from the total base wages for authorized positions
2180 days before the expiration of the previous collective bargaining agreement.
AB40-ASA1-AA1,75,84
111.70
(4) (mbb) For purposes of determining compliance with par. (mb), the
5commission shall provide, upon request, to a municipal employer or to any
6representative of a collective bargaining unit containing a general municipal
7employee, the consumer price index change during any 12-month period. The
8commission may get the information from the department of revenue.
AB40-ASA1-AA1,75,1310
111.70
(4) (mc)
Prohibited subjects of bargaining; public safety employees. 11(intro.) The municipal employer is prohibited from bargaining collectively
with a
12collective bargaining unit containing a public safety employee with respect to
any of
13the following:".
AB40-ASA1-AA1,76,722
111.70
(7m) (c) 1. a. Any labor organization
that represents public safety
23employees or transit employees which violates sub. (4) (L)
shall be penalized by the
24suspension of may not collect any dues
check-off under a collective bargaining
1agreement
and or under a fair-share agreement
between the municipal employer
2and such labor organization from any employee covered by either agreement for a
3period of one year. At the end of the period of suspension, any such agreement shall
4be reinstated unless the labor organization is no longer authorized to represent the
5municipal public safety employees
or transit employees covered by
such dues
6check-off the collective bargaining agreement or fair-share agreement or the
7agreement is no longer in effect.
AB40-ASA1-AA1,76,1611
111.70
(8) (a) This section, except
subs. (1) (nm), sub. (4)
(cg) and (cm)
and (7m),
12applies to law enforcement supervisors employed by a 1st class city. This section,
13except
subs. (1) (nm), sub. (4) (cm) and (jm)
and (7m), applies to law enforcement
14supervisors employed by a county having a population of 500,000 or more. For
15purposes of such application, the
term terms "municipal employee"
includes and
16"public safety employee" include such a supervisor.
AB40-ASA1-AA1,78,218
111.71
(2) The commission shall assess and collect a filing fee for filing a
19complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
20The commission shall assess and collect a filing fee for filing a request that the
21commission act as an arbitrator to resolve a dispute involving the interpretation or
22application of a collective bargaining agreement under s. 111.70 (4) (c) 2.
, (cg) 4., or
23(cm) 4. The commission shall assess and collect a filing fee for filing a request that
24the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
25assess and collect a filing fee for filing a request that the commission act as a
1mediator under s. 111.70 (4) (c) 1.
, (cg) 3., or (cm) 3. The commission shall assess and
2collect a filing fee for filing a request that the commission initiate compulsory, final
3and binding arbitration under s. 111.70 (4)
(cm)
(cg) 6. or (jm) or 111.77 (3). For the
4performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3.,
(cg) 3., 4., and
56., (cm) 3.
, and 4.
and 6., and (jm) and 111.77 (3), the commission shall require that
6the parties to the dispute equally share in the payment of the fee and, for the
7performance of commission actions involving a complaint alleging that a prohibited
8practice has been committed under s. 111.70 (3), the commission shall require that
9the party filing the complaint pay the entire fee. If any party has paid a filing fee
10requesting the commission to act as a mediator for a labor dispute and the parties
11do not enter into a voluntary settlement of the dispute, the commission may not
12subsequently assess or collect a filing fee to initiate fact-finding or arbitration to
13resolve the same labor dispute. If any request for the performance of commission
14actions concerns issues arising as a result of more than one unrelated event or
15occurrence, each such separate event or occurrence shall be treated as a separate
16request. The commission shall promulgate rules establishing a schedule of filing fees
17to be paid under this subsection. Fees required to be paid under this subsection shall
18be paid at the time of filing the complaint or the request for fact-finding, mediation
19or arbitration. A complaint or request for fact-finding, mediation or arbitration is
20not filed until the date such fee or fees are paid, except that the failure of the
21respondent party to pay the filing fee for having the commission initiate compulsory,
22final and binding arbitration under s. 111.70 (4)
(cm)
(cg) 6. or (jm) or 111.77 (3)
shall 23may not prohibit the commission from initiating such arbitration. The commission
24may initiate collection proceedings against the respondent party for the payment of
1the filing fee. Fees collected under this subsection shall be credited to the
2appropriation account under s. 20.425 (1) (i).
AB40-ASA1-AA1,78,95
111.71
(4m) The commission shall collect on a systematic basis information on
6the operation of the arbitration law under s. 111.70 (4) (cg). The commission shall
7report on the operation of the law to the legislature on an annual basis. The report
8shall be submitted to the chief clerk of each house of the legislature for distribution
9to the legislature under s. 13.172 (2).
AB40-ASA1-AA1,78,2112
111.71
(5m) The commission shall, on a regular basis, provide training
13programs to prepare individuals for service as arbitrators or arbitration panel
14members under s. 111.70 (4) (cg). The commission shall engage in appropriate
15promotional and recruitment efforts to encourage participation in the training
16programs by individuals throughout the state, including at least 10 residents of each
17congressional district. The commission may also provide training programs to
18individuals and organizations on other aspects of collective bargaining, including on
19areas of management and labor cooperation directly or indirectly affecting collective
20bargaining. The commission may charge a reasonable fee for participation in the
21programs.
AB40-ASA1-AA1,79,3
23111.77 Settlement of disputes in collective bargaining units composed
24of law enforcement personnel and fire fighters. (intro.)
In fire departments
25and city and county law enforcement agencies municipal Municipal employers and
1employees public safety employees, as provided in sub. (8), have the duty to bargain
2collectively in good faith including the duty to refrain from strikes or lockouts and
3to comply with the
procedures set forth below following:".
AB40-ASA1-AA1,79,96
111.77
(8) (a) This section applies to
law enforcement public safety employees
7who are supervisors employed by a county having a population of 500,000 or more.
8For purposes of such application, the term "municipal employee" includes such a
9supervisor.
AB40-ASA1-AA1,79,1211
111.77
(9) Section 111.70 (4) (c) 3.
, (cg), and (cm)
shall does not apply to
12employments covered by this section.
AB40-ASA1-AA1,79,2415
111.81
(1) "Collective bargaining" means the performance of the mutual
16obligation of the state as an employer, by its officers and agents, and the
17representatives of its employees, to meet and confer at reasonable times, in good
18faith, with respect to the subjects of bargaining provided in s. 111.91 (1)
, with respect
19to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3),
20with respect to general employees, with the intention of reaching an agreement, or
21to resolve questions arising under such an agreement. The duty to bargain, however,
22does not compel either party to agree to a proposal or require the making of a
23concession. Collective bargaining includes the reduction of any agreement reached
24to a written and signed document.
AB40-ASA1-AA1,80,63
111.81
(3n) "Consumer price index change" means the average annual
4percentage change in the consumer price index for all urban consumers, U.S. city
5average, as determined by the federal department of labor, for the 12 months
6immediately preceding the current date.".
AB40-ASA1-AA1,80,1510
111.81
(9) "Fair-share agreement" means an agreement between the employer
11and a labor organization representing
public safety employees
or supervisors
12specified in s. 111.825 (5) under which all of the
public safety employees
or
13supervisors in a collective bargaining unit are required to pay their proportionate
14share of the cost of the collective bargaining process and contract administration
15measured by the amount of dues uniformly required of all members.
AB40-ASA1-AA1,80,1817
111.81
(9g) "General employee" means an employee who is not a public safety
18employee.
AB40-ASA1-AA1,81,221
111.81
(12) (intro.) "Labor organization" means any employee organization
22whose purpose is to represent employees in collective bargaining with the employer,
23or its agents, on matters
pertaining to terms and conditions of employment that are
1subject to collective bargaining under s. 111.91 (1) or (3), whichever is applicable; but
2the term shall not include any organization:
AB40-ASA1-AA1,81,114
111.81
(12m) "Maintenance of membership agreement" means an agreement
5between the employer and a labor organization representing
public safety employees
6or supervisors specified in s. 111.825 (5) which requires that all of the
public safety 7employees
or supervisors whose dues are being deducted from earnings under s.
820.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to
9have dues deducted for the duration of the agreement
, and that dues shall be
10deducted from the earnings of all
public safety employees
or supervisors who are
11hired on or after the effective date of the agreement.
AB40-ASA1-AA1,81,1413
111.81
(15r) "Public safety employee" means any individual under s. 40.02 (48)
14(am) 7. or 8.
AB40-ASA1-AA1,81,2016
111.81
(16) "Referendum" means a proceeding conducted by the commission in
17which
public safety employees
, or supervisors specified in s. 111.825 (5), in a
18collective bargaining unit may cast a secret ballot on the question of directing the
19labor organization and the employer to enter into a fair-share or maintenance of
20membership agreement or to terminate such an agreement.".
AB40-ASA1-AA1,83,2
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), (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) (b) 1. e. 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.
AB40-ASA1-AA1,84,25
111.815
(1) In the furtherance of this subchapter, the state shall be considered
6as a single employer and employment relations policies and practices throughout the
7state service shall be as consistent as practicable. The office shall negotiate and
8administer collective bargaining agreements. To coordinate the employer position
9in the negotiation of agreements, the office shall maintain close liaison with the
10legislature relative to the negotiation of agreements and the fiscal ramifications of
11those agreements. Except with respect to the collective bargaining units specified
12in s. 111.825 (2) (f), the office is responsible for the employer functions of the executive
13branch under this subchapter, and shall coordinate its collective bargaining
14activities with operating state agencies on matters of agency concern. The legislative
15branch shall act upon those portions of tentative agreements negotiated by the office
16that require legislative action.
With respect to the collective bargaining units
17specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin
18System is responsible for the employer functions under this subchapter. With
19respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor
20of the University of Wisconsin-Madison is responsible for the employer functions
21under this subchapter. With respect to the collective bargaining unit specified in s.
22111.825 (1r) (ef), the governing board of the charter school established by contract
23under s. 118.40 (2r)
(b) 1. e. is responsible for the employer functions under this
24subchapter.
With respect to the collective bargaining unit specified in s. 111.825 (2g),
1the department of health services is responsible for the employer functions of the
2executive branch under this subchapter.
AB40-ASA1-AA1,84,94
111.815
(2) The director of the office shall, together with the appointing
5authorities or their representatives, represent the state in its responsibility as an
6employer under this subchapter except with respect to negotiations in the collective
7bargaining units specified in s. 111.825 (1r) and (1t). The director of the office shall
8establish and maintain, wherever practicable, consistent employment relations
9policies and practices throughout the state service.
AB40-ASA1-AA1,84,17
11111.82 Rights of employees. Employees
shall have the right of
12self-organization and the right to form, join
, or assist labor organizations, to bargain
13collectively through representatives of their own choosing under this subchapter,
14and to engage in lawful, concerted activities for the purpose of collective bargaining
15or other mutual aid or protection. Employees
shall also have the right to refrain from
16any or all of such activities.
A general employee has the right to refrain from paying
17dues while remaining a member of a collective bargaining unit.
AB40-ASA1-AA1,84,2519
111.825
(1) (intro.) It is the legislative intent that in order to foster meaningful
20collective bargaining, units must be structured in such a way as to avoid excessive
21fragmentation whenever possible. In accordance with this policy, collective
22bargaining units for employees in the classified service of the state
, except employees
23in the collective bargaining units specified in sub. (1m), are structured on a statewide
24basis with one collective bargaining unit for each of the following occupational
25groups:
AB40-ASA1-AA1,85,22
111.825
(1) (g) Public safety employees.
