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.
AB40-ASA1-AA1,85,87
111.825
(3) The commission shall assign employees to the appropriate
8collective bargaining units set forth in subs. (1)
, (1m), and (2)
, and (2g).
AB40-ASA1-AA1,85,1211
111.825
(3) The commission shall assign employees to the appropriate
12collective bargaining units set forth in subs. (1), (1r), (1t), and (2).".
AB40-ASA1-AA1,85,2316
111.825
(4) Any labor organization may petition for recognition as the exclusive
17representative of a collective bargaining unit specified in sub. (1)
, (1m), or (2)
, or (2g) 18in accordance with the election procedures set forth in s. 111.83, provided the petition
19is accompanied by a 30% showing of interest in the form of signed authorization
20cards. Each additional labor organization seeking to appear on the ballot shall file
21petitions within 60 days of the date of filing of the original petition and prove,
22through signed authorization cards, that at least 10% of the employees in the
23collective bargaining unit want it to be their representative.
AB40-ASA1-AA1,86,103
111.825
(4) Any labor organization may petition for recognition as the exclusive
4representative of a collective bargaining unit specified in sub. (1), (1r), (1t), or (2) in
5accordance with the election procedures set forth in s. 111.83, provided the petition
6is accompanied by a 30% showing of interest in the form of signed authorization
7cards. Each additional labor organization seeking to appear on the ballot shall file
8petitions within 60 days of the date of filing of the original petition and prove,
9through signed authorization cards, that at least 10% of the employees in the
10collective bargaining unit want it to be their representative.
AB40-ASA1-AA1,86,2413
111.825
(5) Although supervisors are not considered employees for purposes
14of this subchapter, the commission may consider a petition for a statewide collective
15bargaining unit of professional supervisors or a statewide unit of nonprofessional
16supervisors in the classified service, but the representative of supervisors may not
17be affiliated with any labor organization representing employees. For purposes of
18this subsection, affiliation does not include membership in a national, state, county
19or municipal federation of national or international labor organizations. The
20certified representative of supervisors
who are not public safety employees may not
21bargain collectively with respect to any matter other than wages
and fringe benefits 22as provided in
s. 111.91 (3), and the certified representative of supervisors who are
23public safety employees may not bargain collectively with respect to any matter other
24than wages and fringe benefits as provided in s. 111.91 (1).
AB40-ASA1-AA1,87,133
111.825
(6) (a) The commission shall assign only an employee of the
4department of administration, department of transportation, University of
5Wisconsin-Madison,
or board of regents of the University of Wisconsin System who
6engages in the detection and prevention of crime, who enforces the laws and who is
7authorized to make arrests for violations of the laws; an employee of the department
8of administration, department of transportation, University of Wisconsin-Madison,
9or board of regents of the University of Wisconsin System who provides technical law
10enforcement support to such employees; and an employee of the department of
11transportation who engages in motor vehicle inspection or operator's license
12examination to a collective bargaining unit under sub. (1) (cm), (1r) (cm), or (1t) (cm),
13whichever is appropriate.
AB40-ASA1-AA1,87,1615
111.825
(6) (b) The commission may assign only a public safety employee to the
16collective bargaining unit under sub. (1) (g).".
AB40-ASA1-AA1,88,519
111.83
(1) Except as provided in
subs.
sub. (5)
and (5m), a representative
20chosen for the purposes of collective bargaining by a majority of the employees voting
21in a collective bargaining unit shall be the exclusive representative of all of the
22employees in such unit for the purposes of collective bargaining. Any individual
23employee, or any minority group of employees in any collective bargaining unit, may
24present grievances to the employer in person, or through representatives of their own
1choosing, and the employer shall confer with said employee or group of employees in
2relation thereto if the majority representative has been afforded the opportunity to
3be present at the conference. Any adjustment resulting from such a conference may
4not be inconsistent with the conditions of employment established by the majority
5representative and the employer.
AB40-ASA1-AA1,89,28
111.83
(3) (b) Annually, no later than December 1, the commission shall
9conduct an election to certify the representative of a collective bargaining unit that
10contains a general employee. There shall be included on the ballot the names of all
11labor organizations having an interest in representing the general employees
12participating in the election. The commission may exclude from the ballot one who,
13at the time of the election, stands deprived of his or her rights under this subchapter
14by reason of a prior adjudication of his or her having engaged in an unfair labor
15practice. The commission shall certify any representative that receives at least 51
16percent of the votes of all of the general employees in the collective bargaining unit.
17If no representative receives at least 51 percent of the votes of all of the general
18employees in the collective bargaining unit, at the expiration of the collective
19bargaining agreement, the commission shall decertify the current representative
20and the general employees shall be nonrepresented. Notwithstanding s. 111.82, if
21a representative is decertified under this paragraph, the affected general employees
22may not be included in a substantially similar collective bargaining unit for 12
23months from the date of decertification. The commission's certification of the results
24of any election is conclusive unless reviewed as provided by s. 111.07 (8). The
25commission shall assess and collect a certification fee for each election conducted
1under this paragraph. Fees collected under this paragraph shall be credited to the
2appropriation account under s. 20.425 (1) (i).
AB40-ASA1-AA1,89,124
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
5the name of more than one proposed representative appears on the ballot and results
6in no conclusion, the commission may, if requested by any party to the proceeding
7within 30 days from the date of the certification of the results of the election, conduct
8a runoff election. In that runoff election, the commission shall drop from the ballot
9the name of the representative who received the least number of votes at the original
10election. The commission shall drop from the ballot the privilege of voting against
11any representative if the least number of votes cast at the first election was against
12representation by any named representative.".
AB40-ASA1-AA1,90,1017
111.84
(1) (b) Except as otherwise provided in this paragraph, to initiate,
18create, dominate or interfere with the formation or administration of any labor or
19employee organization or contribute financial support to it. Except as provided in
20ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
21retirement system under ch. 40 and no action by the employer that is authorized by
22such a law constitutes a violation of this paragraph unless an applicable collective
23bargaining agreement
covering a collective bargaining unit under s. 111.825 (1) (g) 24specifically prohibits the change or action. No such change or action affects the
1continuing duty to bargain collectively
with a collective bargaining unit under s.
2111.825 (1) (g) regarding the Wisconsin retirement system under ch. 40 to the extent
3required by s. 111.91
(1). It is not an unfair labor practice for the employer to
4reimburse an employee at his or her prevailing wage rate for the time spent during
5the employee's regularly scheduled hours conferring with the employer's officers or
6agents and for attendance at commission or court hearings necessary for the
7administration of this subchapter. Professional supervisory or craft personnel may
8maintain membership in professional or craft organizations; however, as members
9of such organizations they shall be prohibited from those activities related to
10collective bargaining in which the organizations may engage.
AB40-ASA1-AA1,90,2112
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
13(1)
or (3), whichever is appropriate, with a representative of a majority of its
14employees in an appropriate collective bargaining unit. Where the employer has a
15good faith doubt as to whether a labor organization claiming the support of a majority
16of its employees in appropriate collective bargaining unit does in fact have that
17support, it may file with the commission a petition requesting an election as to that
18claim. It is not deemed to have refused to bargain until an election has been held and
19the results thereof certified to it by the commission. A violation of this paragraph
20includes, but is not limited to, the refusal to execute a collective bargaining
21agreement previously orally agreed upon.
AB40-ASA1-AA1,91,623
111.84
(1) (f) To deduct labor organization dues from
an employee's the 24earnings
of a public safety employee, unless the employer has been presented with
25an individual order therefor, signed by the
public safety employee personally, and
1terminable by at least the end of any year of its life or earlier by the
public safety 2employee giving at least 30 but not more than 120 days' written notice of such
3termination to the employer and to the representative labor organization, except if
4there is a fair-share or maintenance of membership agreement in effect. The
5employer shall give notice to the labor organization of receipt of such notice of
6termination.