Amendment AA1-ASA1-AB40

AB40-ASA1-AA1, s. 2404skd Section 2404skd. 111.05 (2) of the statutes is amended to read:

AB40-ASA1-AA1,63,8 111.05 (2) Except as provided in subs. (5) and (7), whenever Whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB40-ASA1-AA1, s. 2404sL Section 2404sL. 111.05 (3g) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sLg Section 2404sLg. 111.05 (5) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sLm Section 2404sLm. 111.05 (6) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sLr Section 2404sLr. 111.05 (7) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sm Section 2404sm. 111.06 (1) (c) 1. of the statutes is amended to read:

AB40-ASA1-AA1,64,20 111.06 (1) (c) 1. To encourage or discourage membership in any labor organization, employee agency, committee, association or representation plan by discrimination in regard to hiring, tenure or other terms or conditions of employment except in a collective bargaining unit where an all-union, fair-share or maintenance of membership agreement is in effect. An employer is not prohibited from entering into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of such all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into such an all-union agreement. Such authorization of an all-union agreement shall be deemed to continue thereafter, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of such petition, the commission shall determine whether there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement and upon so finding the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on any such referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may be continued in force thereafter, subject to the right to petition for a further vote by the procedure set forth in this subdivision. If the continuance of the all-union agreement is not thus supported on any such referendum, it is deemed terminated at the termination of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer, and each such all-union agreement shall be made subject to this duty of the commission. Any person interested may come before the commission as provided in s. 111.07 and ask the performance of this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

AB40-ASA1-AA1, s. 2404sn Section 2404sn. 111.06 (1) (d) of the statutes is amended to read:

AB40-ASA1-AA1,65,4 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.

AB40-ASA1-AA1, s. 2404sp Section 2404sp. 111.06 (1) (i) of the statutes is amended to read:

AB40-ASA1-AA1,65,12 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty days' written notice of such termination unless there is an all-union, fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

AB40-ASA1-AA1, s. 2404sq Section 2404sq. 111.06 (1) (m) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sr Section 2404sr. 111.06 (2) (i) of the statutes is amended to read:

AB40-ASA1-AA1,65,16 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB40-ASA1-AA1, s. 2404srm Section 2404srm. 111.075 of the statutes is repealed.

AB40-ASA1-AA1, s. 2404st Section 2404st. 111.115 (title) of the statutes is amended to read:

AB40-ASA1-AA1,65,19 111.115 (title) Notice of certain proposed lockouts or strikes.

AB40-ASA1-AA1, s. 2401su Section 2401su. 111.115 (1) (intro.) and (b) of the statutes are consolidated, renumbered 111.115 (1) and amended to read:

AB40-ASA1-AA1,66,2 111.115 (1) In this subsection: (b) "Strike" section, "strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.

AB40-ASA1-AA1, s. 2404sv Section 2404sv. 111.115 (1) (a) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sw Section 2404sw. 111.115 (2) of the statutes is repealed.

AB40-ASA1-AA1, s. 2404sx Section 2404sx. 111.17 (intro.) and (1) of the statutes are consolidated, renumbered 111.17 and amended to read:

AB40-ASA1-AA1,66,11 111.17 Conflict of provisions; effect. Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that: (1) In in any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB40-ASA1-AA1, s. 2404sy Section 2404sy. 111.17 (2) of the statutes is repealed.".

AB40-ASA1-AA1,66,14 81. Page 973, line 21: delete the material beginning with that line and ending on page 975, line 8, and substitute:

AB40-ASA1-AA1,66,15 " Section 2405p. 111.70 (1) (a) of the statutes is amended to read:

AB40-ASA1-AA1,67,7 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or transit employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66 and for a school district with respect to any matter under sub. (4) (o), and for a school district with respect to any matter under sub. (4) (n), or 62.13 (2e), except as provided in subs. (3m), (3p), and sub. (4) (m) (mb) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-ASA1-AA1,67,10 (3) (d) 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. The

AB40-ASA1-AA1,67,22 (4) (p) Permissive subjects of collective bargaining; public safety and transit employees. A municipal employer shall is not be required to bargain with public safety employees or transit employees on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal public safety employees or of the transit employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

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

AB40-ASA1-AA1,68,2 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district employees or of municipal employees who are not school district employees that is determined by the commission under sub. (4) (d) 2. a. to be appropriate for the purpose of collective bargaining.

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

AB40-ASA1-AA1,68,7 111.70 (1) (cm) "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, s. 2406cg Section 2406cg. 111.70 (1) (f) of the statutes is amended to read:

AB40-ASA1-AA1,68,18 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees or transit employees under which all or any of the public safety employees or transit employees in the 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. Such an agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees affected by said agreement and to pay the amount so deducted to the labor organization.

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

AB40-ASA1-AA1,68,21 111.70 (1) (fm) "General municipal employee" means a municipal employee who is not a public safety employee or a transit employee.

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

AB40-ASA1-AA1,69,5 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

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

AB40-ASA1-AA1,69,9 111.70 (1) (mm) "Public safety employee" means any municipal employee who is employed in a position that, on the effective date of this paragraph .... [LRB inserts date], is classified as a protective occupation participant under any of the following:

AB40-ASA1-AA1,69,10 1. Section 40.02 (48) (am) 9., 10., 13., 15., or 22.

AB40-ASA1-AA1,69,12 2. A provision that is comparable to a provision under subd. 1. that is in a county or city retirement system.

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

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.