Amendment AA1-ASA1-AB40

AB40-ASA1-AA1, s. 1721j Section 1721j. 66.0508 of the statutes is created to read:

AB40-ASA1-AA1,40,22 66.0508 Collective bargaining. (1) In this section, "local governmental unit" has the meaning given in s. 66.0506 (1).

AB40-ASA1-AA1,40,24 (1m) Except as provided under subch. IV of ch. 111, no local governmental unit may collectively bargain with its employees.

AB40-ASA1-AA1,41,3 (2) If a local governmental unit has in effect on the effective date of this subsection .... [LRB inserts date], an ordinance or resolution that is inconsistent with sub. (1m), the ordinance or resolution does not apply and may not be enforced.

AB40-ASA1-AA1, s. 1721n Section 1721n. 66.0509 (1m) of the statutes is created to read:

AB40-ASA1-AA1,41,8 66.0509 (1m) (a) A local governmental unit, as defined in s. 66.0131 (1) (a), that does not have a civil service system on the effective date of this paragraph .... [LRB inserts date], shall establish a grievance system not later than the first day of the 4th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1-AA1,41,13 (b) To comply with the grievance system that is required under par. (a), a local governmental unit may establish either a civil service system under any provision authorized by law, to the greatest extent practicable, if no specific provision for the creation of a civil service system applies to that local governmental unit, or establish a grievance procedure as described under par. (d).

AB40-ASA1-AA1,41,16 (c) Any civil service system that is established under any provision of law, and any grievance procedure that is created under this subsection, shall contain at least all of the following provisions:

AB40-ASA1-AA1,41,17 1. A grievance procedure that addresses employee terminations.

AB40-ASA1-AA1,41,18 2. Employee discipline.

AB40-ASA1-AA1,41,19 3. Workplace safety.

AB40-ASA1-AA1,41,21 (d) If a local governmental unit creates a grievance procedure under this subsection, the procedure shall contain at least all of the following elements:

AB40-ASA1-AA1,41,23 1. A written document specifying the process that a grievant and an employer must follow.

AB40-ASA1-AA1,41,24 2. A hearing before an impartial hearing officer.

AB40-ASA1-AA1,42,2 3. An appeal process in which the highest level of appeal is the governing body of the local governmental unit.

AB40-ASA1-AA1,42,7 (e) If an employee of a local governmental unit is covered by a civil service system on the effective date of this paragraph .... [LRB inserts date], and if that system contains provisions that address the provisions specified in par. (c), the provisions that apply to the employee under his or her existing civil service system continue to apply to that employee.

AB40-ASA1-AA1, s. 1721p Section 1721p. 66.0518 of the statutes is created to read:

AB40-ASA1-AA1,42,14 66.0518 Defined benefit pension plans. A local governmental unit, as defined in s. 66.0131 (1) (a), may not establish a defined benefit pension plan for its employees unless the plan requires the employees to pay half of all actuarially required contributions for funding benefits under the plan and prohibits the local governmental unit from paying on behalf of an employee any of the employee's share of the actuarially required contributions.".

AB40-ASA1-AA1,42,15 71. Page 675, line 15: after that line insert:

AB40-ASA1-AA1,42,17 " Section 1740b. 66.1105 (2) (k) of the statutes is renumbered 66.1105 (2) (k) 1. and amended to read:

AB40-ASA1-AA1,43,4 66.1105 (2) (k) 1. "Tax incremental district" means a contiguous geographic area within a city defined and created by resolution of the local legislative body, consisting solely of whole units of property as are assessed for general property tax purposes, other than railroad rights-of-way, rivers or highways. Railroad rights-of-way, rivers or highways may be included in a tax incremental district only if they are continuously bounded on either side, or on both sides, by whole units of property as are assessed for general property tax purposes which are in the tax incremental district. "Tax incremental district" does not include any area identified as a wetland on a map under s. 23.32, except for an area identified on such a map that has been converted in compliance with state law so that it is no longer a wetland and except as provided in subd. 2.

AB40-ASA1-AA1, s. 1740d Section 1740d. 66.1105 (2) (k) 2. of the statutes is created to read:

AB40-ASA1-AA1,43,10 66.1105 (2) (k) 2. For an area that is identified as a wetland on a map under s. 23.32 and that is within the boundaries of a tax incremental district or is part of a tax incremental district parcel, the area shall be considered part of the tax incremental district for determining the applicability of exemptions from or compliance with water quality standards that are applicable to wetlands.".

AB40-ASA1-AA1,43,11 72. Page 682, line 3: after that line insert:

AB40-ASA1-AA1,43,12 " Section 1748dc. 70.11 (41s) of the statutes is repealed.".

AB40-ASA1-AA1,43,13 73. Page 753, line 11: after that line insert:

AB40-ASA1-AA1,43,15 " Section 1894x. 71.26 (1) (be) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,43,20 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home Care Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.".

AB40-ASA1-AA1,43,21 74. Page 864, line 6: after that line insert:

AB40-ASA1-AA1,43,22 " Section 2135p. 73.03 (68) of the statutes is created to read:

AB40-ASA1-AA1,44,4 73.03 (68) At the request of the Wisconsin Employment Relations Commission, as provided under s. 111.70 (4) (mbb) or 111.91 (3q), to determine the average annual percentage change in the U.S. 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 request from the Wisconsin Employment Relations Commission.".

AB40-ASA1-AA1,44,5 75. Page 875, line 19: after that line insert:

AB40-ASA1-AA1,44,7 " Section 2179m. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,44,12 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.".

AB40-ASA1-AA1,44,13 76. Page 934, line 10: after that line insert:

AB40-ASA1-AA1,44,15 " Section 2311p. 100.45 (1) (dm) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,45,2 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.".

AB40-ASA1-AA1,45,3 77. Page 951, line 22: after that line insert:

AB40-ASA1-AA1,45,5 " Section 2378d. 101.177 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1-AA1,45,16 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.".

AB40-ASA1-AA1,45,17 78. Page 956, line 1: before that line insert:

AB40-ASA1-AA1,45,18 " Section 2407bg. 111.70 (3p) of the statutes is repealed.

AB40-ASA1-AA1, s. 2407br Section 2407br. 111.70 (4) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,45,23 111.70 (4) Powers of the commission. (intro.) The commission shall conduct any election under this subsection by secret ballot and shall be governed by adhere to the following provisions relating to bargaining in municipal employment in addition to other powers and duties provided in this subchapter:

AB40-ASA1-AA1, s. 2407bt Section 2407bt. 111.70 (4) (bm) of the statutes is created to read:

AB40-ASA1-AA1,46,5 111.70 (4) (bm) Transit employee determination. The commission shall determine that any municipal employee is a transit employee if the commission determines that the municipal employer who employs the municipal employee would lose federal funding under 49 USC 5333 (b) if the municipal employee is not a transit employee.

AB40-ASA1-AA1, s. 2407cg Section 2407cg. 111.70 (4) (c) (title) of the statutes is amended to read:

AB40-ASA1-AA1,46,8 111.70 (4) (c) (title) Methods for peaceful settlement of disputes; law enforcement and fire fighting personnel public safety employees.

AB40-ASA1-AA1, s. 2407cr Section 2407cr. 111.70 (4) (c) 1. of the statutes is amended to read:

AB40-ASA1-AA1,46,15 111.70 (4) (c) 1. `Mediation.' The commission may function as a mediator in labor disputes involving a collective bargaining unit containing a public safety employee. Such mediation may be carried on by a person designated to act by the commission upon request of one or both of the parties or upon initiation of the commission. The function of the mediator shall be is to encourage voluntary settlement by the parties but no mediator shall have has the power of compulsion.

AB40-ASA1-AA1, s. 2407dg Section 2407dg. 111.70 (4) (c) 2. a. of the statutes is renumbered 111.70 (4) (c) 2. and amended to read:

AB40-ASA1-AA1,46,22 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a public safety employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial and disinterested person to so serve.

AB40-ASA1-AA1, s. 2407dgm Section 2407dgm. 111.70 (4) (c) 2. b. of the statutes is repealed.

AB40-ASA1-AA1, s. 2407dr Section 2407dr. 111.70 (4) (c) 3. of the statutes is amended to read:

AB40-ASA1-AA1,47,8 111.70 (4) (c) 3. `Fact-finding.' If Unless s. 111.77 applies, if a dispute involving a collective bargaining unit containing a public safety employee has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them arising in the collective bargaining process, either party, or the parties jointly, may petition the commission, in writing, to initiate fact-finding, as provided hereafter, and to make recommendations to resolve the deadlock., as follows:

AB40-ASA1-AA1,47,14 a. Upon receipt of a the petition to initiate fact-finding, the commission shall make an investigation with or without a formal hearing, to determine whether a deadlock in fact exists. After its investigation the commission shall certify the results thereof. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or 3-member panel, when jointly requested by the parties, to function as a fact finder.

AB40-ASA1-AA1,47,24 b. The fact finder appointed under subd. 3. a. may establish dates and place of hearings which shall be where feasible, and shall conduct the hearings pursuant to rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy thereof of the statement to the commission at its Madison office.

AB40-ASA1-AA1,48,4 c. Nothing herein shall be construed as prohibiting in this subdivision prohibits any fact finder appointed under subd. 3. a. from endeavoring to mediate the dispute, in which the fact finder is involved, at any time prior to the issuance of the fact finder's recommendations.

AB40-ASA1-AA1,48,9 d. Within 30 days of the receipt of the fact finder's recommendations under subd. 3. b., or within the time period mutually agreed upon by the parties, each party shall advise give notice to the other party, in writing as to its acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, transmit a copy of such the notice to the commission at its Madison office.

AB40-ASA1-AA1, s. 2407eg Section 2407eg. 111.70 (4) (c) 4. of the statutes is repealed.

AB40-ASA1-AA1, s. 2407ep Section 2407ep. 111.70 (4) (cg) of the statutes is created to read:

AB40-ASA1-AA1,48,22 111.70 (4) (cg) Methods for peaceful settlement of disputes; transit employees. 1. `Notice of commencement of contract negotiations.' To advise the commission of the commencement of contract negotiations involving a collective bargaining unit containing transit employees, whenever either party requests the other to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no collective bargaining agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide notice, the other party may provide notice to the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall provide any additional information the commission may require on a form provided by the commission.

AB40-ASA1-AA1,49,5 2. `Presentation of initial proposals; open meetings.' The meetings between parties to a collective bargaining agreement or proposed collective bargaining agreement under this subchapter that involve a collective bargaining unit containing a transit employee and that are held to present initial bargaining proposals, along with supporting rationale, are open to the public. Each party shall submit its initial bargaining proposals to the other party in writing. Failure to comply with this subdivision does not invalidate a collective bargaining agreement under this subchapter.

AB40-ASA1-AA1,49,9 3. `Mediation.' The commission or its designee shall function as mediator in labor disputes involving transit employees upon request of one or both of the parties, or upon initiation of the commission. The function of the mediator is to encourage voluntary settlement by the parties. No mediator has the power of compulsion.

AB40-ASA1-AA1,49,14 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a transit employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial, and disinterested person to serve as an arbitrator.

AB40-ASA1-AA1,49,23 5. `Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer that employs a transit employee and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. The parties shall file a copy of the agreement with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7. and 7g.

AB40-ASA1-AA1,50,13 6. `Interest arbitration.' a. If in any collective bargaining unit containing transit employees a dispute has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours, or conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final, and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission when the petition is filed.

AB40-ASA1-AA1,52,2 am. Upon receipt of a petition under subd. 6. a. to initiate arbitration, the commission shall determine, with or without a formal hearing, whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures under this paragraph have not been complied with and compliance would tend to result in a settlement, it may order compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement is not affected by failure to comply with the procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision. If a party fails to submit a single, ultimate final offer, the commission shall use the last written position of the party. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and is then treated as a mandatory subject. At that time, the parties shall submit to the commission a stipulation, in writing, with respect to all matters that they agree to include in the new or amended collective bargaining agreement. The commission, after determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. The parties shall alternately strike names from the list until one name is left that person shall be appointed arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator. The commission shall then formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers are public documents and the commission shall make them available. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties provided in this section as any other appointed arbitrator, and all arbitration decisions by a panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator must be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson must be a resident of this state at the time of designation.

AB40-ASA1-AA1,52,13 b. The arbitrator shall, within 10 days of his or her appointment under subd. 6. am., establish a date and place for the arbitration hearing. Upon petition of at least 5 citizens of the jurisdiction served by the municipal employer, filed within 10 days after the date on which the arbitrator is appointed, the arbitrator shall hold a public hearing in the jurisdiction to provide both parties the opportunity to present supporting arguments for their positions and to provide to members of the public the opportunity to offer their comments. The final offers of the parties, as transmitted by the commission to the arbitrator, are the basis for continued negotiations, if any, between the parties with respect to the issues in dispute. At any time prior to the arbitration hearing, either party, with the consent of the other party, may modify its final offer in writing.

AB40-ASA1-AA1,52,25 c. Before issuing his or her arbitration decision, the arbitrator shall, on his or her own motion or at the request of either party, conduct a meeting open to the public to provide the opportunity to both parties to present supporting arguments for their complete offer on all matters to be covered by the proposed agreement. The arbitrator shall adopt without further modification the final offer of one of the parties on all disputed issues submitted under subd. 6. am., except those items that the commission determines not to be mandatory subjects of bargaining and those items that have not been treated as mandatory subjects by the parties, and including any prior modifications of the offer mutually agreed upon by the parties under subd. 6. b. The decision shall be final and binding on both parties and shall be incorporated into a written collective bargaining agreement. The arbitrator shall serve a copy of his or her decision on both parties and the commission.

AB40-ASA1-AA1,53,2 e. Arbitration proceedings may not be interrupted or terminated by reason of any prohibited practice complaint filed by either party at any time.

AB40-ASA1-AA1,53,4 f. The parties shall divide the costs of arbitration equally. The arbitrator shall submit a statement of his or her costs to both parties and to the commission.

AB40-ASA1-AA1,53,12 g. If a question arises as to whether any proposal made in negotiations by either party is a mandatory, permissive, or prohibited subject of bargaining, the commission shall determine the issue under par. (b). If either party to the dispute petitions the commission for a declaratory ruling under par. (b), the proceedings under subd. 6. c. shall be delayed until the commission renders a decision in the matter, but not during any appeal of the commission order. The arbitrator's award shall be made in accordance with the commission's ruling, subject to automatic amendment by any subsequent court reversal.

AB40-ASA1-AA1,53,17 7. `Factor given greatest weight.' In making any decision under the arbitration procedures under this paragraph, the arbitrator or arbitration panel shall consider and shall give the greatest weight to the economic conditions in the jurisdiction of the municipal employer. The arbitrator or arbitration panel shall give an accounting of the consideration of this factor in the arbitrator's or panel's decision.

AB40-ASA1-AA1,53,23 7g. `Factor given greater weight.' In making any decision under the arbitration procedures under this paragraph, the arbitrator or arbitration panel shall consider and shall give greater weight to any state law or directive lawfully issued by a state legislative or administrative officer, body, or agency that places limitations on expenditures that may be made or revenues that may be collected by a municipal employer than to any of the factors specified in subd. 7r.

AB40-ASA1-AA1,54,3 7r. `Other factors considered.' In making any decision under the arbitration procedures under by this paragraph, the arbitrator or arbitration panel shall give weight to the following factors:

AB40-ASA1-AA1,54,4 a. The lawful authority of the municipal employer.

AB40-ASA1-AA1,54,5 b. Stipulations of the parties.

AB40-ASA1-AA1,54,7 c. The interests and welfare of the public and the financial ability of the unit of government to meet the costs of any proposed settlement.

AB40-ASA1-AA1,54,10 d. Comparison of wages, hours and conditions of employment of the transit employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees performing similar services.

AB40-ASA1-AA1,54,14 e. Comparison of the wages, hours and conditions of employment of the transit employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees generally in public employment in the same community and in comparable communities.

AB40-ASA1-AA1,54,18 f. Comparison of the wages, hours and conditions of employment of the transit employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees in private employment in the same community and in comparable communities.

AB40-ASA1-AA1,54,20 g. The average consumer prices for goods and services, commonly known as the cost of living.

AB40-ASA1-AA1,54,24 h. The overall compensation presently received by the transit employees, including direct wage compensation, vacation, holidays, and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

AB40-ASA1-AA1,55,2 i. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.

AB40-ASA1-AA1,55,7 j. Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment.

AB40-ASA1-AA1,55,9 8. `Rule making.' The commission shall adopt rules for the conduct of all arbitration proceedings under subd. 6., including, but not limited to, rules for:

AB40-ASA1-AA1,55,11 a. The appointment of tripartite arbitration panels when requested by the parties.

AB40-ASA1-AA1,55,13 b. The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.