AB40-ASA1-AA1, s. 2404skd 2Section 2404skd. 111.05 (2) of the statutes is amended to read:
AB40-ASA1-AA1,63,83 111.05 (2) Except as provided in subs. (5) and (7), whenever Whenever a
4question arises concerning the determination of a collective bargaining unit as
5defined in s. 111.02 (3)
, it shall be determined by secret ballot, and the commission,
6upon request, shall cause the ballot to be taken in such manner as to show separately
7the wishes of the employees in any craft, division, department or plant as to the
8determination of the collective bargaining unit.
AB40-ASA1-AA1, s. 2404sL 9Section 2404sL. 111.05 (3g) of the statutes is repealed.
AB40-ASA1-AA1, s. 2404sLg 10Section 2404sLg. 111.05 (5) of the statutes is repealed.
AB40-ASA1-AA1, s. 2404sLm 11Section 2404sLm. 111.05 (6) of the statutes is repealed.
AB40-ASA1-AA1, s. 2404sLr 12Section 2404sLr. 111.05 (7) of the statutes is repealed.
AB40-ASA1-AA1, s. 2404sm 13Section 2404sm. 111.06 (1) (c) 1. of the statutes is amended to read:
AB40-ASA1-AA1,64,2014 111.06 (1) (c) 1. To encourage or discourage membership in any labor
15organization, employee agency, committee, association or representation plan by
16discrimination in regard to hiring, tenure or other terms or conditions of employment
17except in a collective bargaining unit where an all-union, fair-share or maintenance
18of membership
agreement is in effect. An employer is not prohibited from entering
19into an all-union agreement with the voluntarily recognized representative of the
20employees in a collective bargaining unit, where at least a majority of such employees
21voting have voted affirmatively, by secret ballot, in favor of such all-union agreement
22in a referendum conducted by the commission, except that where the bargaining
23representative has been certified by either the commission or the national labor
24relations board as the result of a representation election, no referendum is required
25to authorize the entry into such an all-union agreement. Such authorization of an

1all-union agreement shall be deemed to continue thereafter, subject to the right of
2either party to the all-union agreement to petition the commission to conduct a new
3referendum on the subject. Upon receipt of such petition, the commission shall
4determine whether there is reasonable ground to believe that the employees
5concerned have changed their attitude toward the all-union agreement and upon so
6finding the commission shall conduct a referendum. If the continuance of the
7all-union agreement is supported on any such referendum by a vote at least equal
8to that provided in this subdivision for its initial authorization, it may be continued
9in force thereafter, subject to the right to petition for a further vote by the procedure
10set forth in this subdivision. If the continuance of the all-union agreement is not
11thus supported on any such referendum, it is deemed terminated at the termination
12of the contract of which it is then a part or at the end of one year from the date of the
13announcement by the commission of the result of the referendum, whichever is
14earlier. The commission shall declare any all-union agreement terminated
15whenever it finds that the labor organization involved has unreasonably refused to
16receive as a member any employee of such employer, and each such all-union
17agreement shall be made subject to this duty of the commission. Any person
18interested may come before the commission as provided in s. 111.07 and ask the
19performance of this duty.
Any all-union agreement in effect on October 4, 1975,
20made in accordance with the law in effect at the time it is made is valid.
AB40-ASA1-AA1, s. 2404sn 21Section 2404sn. 111.06 (1) (d) of the statutes is amended to read:
AB40-ASA1-AA1,65,422 111.06 (1) (d) To refuse to bargain collectively with the representative of a
23majority of the employer's employees in any collective bargaining unit with respect
24to representation or terms and conditions of employment, except as provided under
25ss. 111.05 (5) and 111.17 (2);
provided, however, that where an employer files with

1the commission a petition requesting a determination as to majority representation,
2the employer shall not be deemed to have refused to bargain until an election has
3been held and the result thereof has been certified to the employer by the
4commission.
AB40-ASA1-AA1, s. 2404sp 5Section 2404sp. 111.06 (1) (i) of the statutes is amended to read:
AB40-ASA1-AA1,65,126 111.06 (1) (i) To deduct labor organization dues or assessments from an
7employee's earnings, unless the employer has been presented with an individual
8order therefor, signed by the employee personally, and terminable at the end of any
9year of its life by the employee giving at least thirty days' written notice of such
10termination unless there is an all-union, fair-share or maintenance of membership
11agreement in effect. The employer shall give notice to the labor organization of
12receipt of such notice of termination.
AB40-ASA1-AA1, s. 2404sq 13Section 2404sq. 111.06 (1) (m) of the statutes is repealed.
AB40-ASA1-AA1, s. 2404sr 14Section 2404sr. 111.06 (2) (i) of the statutes is amended to read:
AB40-ASA1-AA1,65,1615 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided
16in s. 111.115 (2) or (3).
AB40-ASA1-AA1, s. 2404srm 17Section 2404srm. 111.075 of the statutes is repealed.
AB40-ASA1-AA1, s. 2404st 18Section 2404st. 111.115 (title) of the statutes is amended to read:
AB40-ASA1-AA1,65,19 19111.115 (title) Notice of certain proposed lockouts or strikes.
AB40-ASA1-AA1, s. 2401su 20Section 2401su. 111.115 (1) (intro.) and (b) of the statutes are consolidated,
21renumbered 111.115 (1) and amended to read:
AB40-ASA1-AA1,66,222 111.115 (1) In this subsection: (b) "Strike" section, "strike" includes any
23concerted stoppage of work by employees, and any concerted slowdown or other
24concerted interruption of operations or services by employees, or any concerted

1refusal of employees to work or perform their usual duties as employees, for the
2purpose of enforcing demands upon an employer.
AB40-ASA1-AA1, s. 2404sv 3Section 2404sv. 111.115 (1) (a) of the statutes is repealed.
AB40-ASA1-AA1, s. 2404sw 4Section 2404sw. 111.115 (2) of the statutes is repealed.
AB40-ASA1-AA1, s. 2404sx 5Section 2404sx. 111.17 (intro.) and (1) of the statutes are consolidated,
6renumbered 111.17 and amended to read:
AB40-ASA1-AA1,66,11 7111.17 Conflict of provisions; effect. Wherever the application of the
8provisions of other statutes or laws conflict with the application of the provisions of
9this subchapter, this subchapter shall prevail, except that: (1) In in any situation
10where the provisions of this subchapter cannot be validly enforced the provisions of
11such other statutes or laws shall apply.
AB40-ASA1-AA1, s. 2404sy 12Section 2404sy. 111.17 (2) of the statutes is repealed.".
AB40-ASA1-AA1,66,14 1381. Page 973, line 21: delete the material beginning with that line and ending
14on page 975, line 8, and substitute:
AB40-ASA1-AA1,66,15 15" Section 2405p. 111.70 (1) (a) of the statutes is amended to read:
AB40-ASA1-AA1,67,716 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
17obligation of a municipal employer, through its officers and agents, and the
18representative of its municipal employees in a collective bargaining unit, to meet and
19confer at reasonable times, in good faith, with the intention of reaching an
20agreement, or to resolve questions arising under such an agreement, with respect to
21wages, hours, and conditions of employment for public safety employees or transit
22employees and with respect to wages for general municipal employees
, and with
23respect to a requirement of the municipal employer for a municipal employee to
24perform law enforcement and fire fighting services under s. 60.553, 61.66 and for a

1school district with respect to any matter under sub. (4) (o), and for a school district
2with respect to any matter under sub. (4) (n)
, or 62.13 (2e), except as provided in subs.
3(3m), (3p), and
sub. (4) (m) (mb) and (mc) and s. 40.81 (3) and except that a municipal
4employer shall not meet and confer with respect to any proposal to diminish or
5abridge the rights guaranteed to municipal any public safety employees under ch.
6164. Collective bargaining includes the reduction of any agreement reached to a
7written and signed document.
AB40-ASA1-AA1,67,10 8(3) (d) The duty to bargain , however, does not compel either party to agree to
9a proposal or require the making of a concession. Collective bargaining includes the
10reduction of any agreement reached to a written and signed document. The
AB40-ASA1-AA1,67,22 11(4) (p) Permissive subjects of collective bargaining; public safety and transit
12employees.
A municipal employer shall is not be required to bargain with public
13safety employees or transit employees
on subjects reserved to management and
14direction of the governmental unit except insofar as the manner of exercise of such
15functions affects the wages, hours, and conditions of employment of the municipal
16public safety employees or of the transit employees in a collective bargaining unit.
17In creating this subchapter the legislature recognizes that the municipal employer
18must exercise its powers and responsibilities to act for the government and good
19order of the jurisdiction which it serves, its commercial benefit and the health, safety,
20and welfare of the public to assure orderly operations and functions within its
21jurisdiction, subject to those rights secured to municipal employees by the
22constitutions of this state and of the United States and by this subchapter.
AB40-ASA1-AA1, s. 2406bg 23Section 2406bg. 111.70 (1) (b) of the statutes is amended to read:
AB40-ASA1-AA1,68,224 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal
25employees who are school district employees or of municipal employees who are not

1school district employees
that is determined by the commission under sub. (4) (d) 2.
2a.
to be appropriate for the purpose of collective bargaining.
AB40-ASA1-AA1, s. 2406br 3Section 2406br. 111.70 (1) (cm) of the statutes is created to read:
AB40-ASA1-AA1,68,74 111.70 (1) (cm) "Consumer price index change" means the average annual
5percentage change in the consumer price index for all urban consumers, U.S. city
6average, as determined by the federal department of labor, for the 12 months
7immediately preceding the current date.
AB40-ASA1-AA1, s. 2406cg 8Section 2406cg. 111.70 (1) (f) of the statutes is amended to read:
AB40-ASA1-AA1,68,189 111.70 (1) (f) "Fair-share agreement" means an agreement between a
10municipal employer and a labor organization that represents public safety
11employees or transit employees
under which all or any of the public safety employees
12or transit employees in the collective bargaining unit are required to pay their
13proportionate share of the cost of the collective bargaining process and contract
14administration measured by the amount of dues uniformly required of all members.
15Such an agreement shall contain a provision requiring the employer to deduct the
16amount of dues as certified by the labor organization from the earnings of the
17employees affected by said agreement and to pay the amount so deducted to the labor
18organization.
AB40-ASA1-AA1, s. 2406cr 19Section 2406cr. 111.70 (1) (fm) of the statutes is created to read:
AB40-ASA1-AA1,68,2120 111.70 (1) (fm) "General municipal employee" means a municipal employee
21who is not a public safety employee or a transit employee.
AB40-ASA1-AA1, s. 2406dg 22Section 2406dg. 111.70 (1) (j) of the statutes is amended to read:
AB40-ASA1-AA1,69,523 111.70 (1) (j) "Municipal employer" means any city, county, village, town,
24metropolitan sewerage district, school district, long-term care district, transit
25authority under s. 59.58 (7) or 66.1039,
local cultural arts district created under

1subch. V of ch. 229,
or any other political subdivision of the state, or instrumentality
2of one or more political subdivisions of the state, that engages the services of an
3employee and includes any person acting on behalf of a municipal employer within
4the scope of the person's authority, express or implied, but specifically does not
5include a local cultural arts district created under subch. V of ch. 229
.
AB40-ASA1-AA1, s. 2406dr 6Section 2406dr. 111.70 (1) (mm) of the statutes is created to read:
AB40-ASA1-AA1,69,97 111.70 (1) (mm) "Public safety employee" means any municipal employee who
8is employed in a position that, on the effective date of this paragraph .... [LRB inserts
9date], is classified as a protective occupation participant under any of the following:
AB40-ASA1-AA1,69,1010 1. Section 40.02 (48) (am) 9., 10., 13., 15., or 22.
AB40-ASA1-AA1,69,1211 2. A provision that is comparable to a provision under subd. 1. that is in a county
12or city retirement system.
AB40-ASA1-AA1, s. 2406fg 13Section 2406fg. 111.70 (1) (n) of the statutes is amended to read:
AB40-ASA1-AA1,69,1914 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission
15in which public safety employees or transit employees in a collective bargaining unit
16may cast a secret ballot on the question of authorizing a labor organization and the
17employer to continue a fair-share agreement. Unless a majority of the eligible
18employees vote in favor of the fair-share agreement, it shall be deemed terminated
19and that portion of the collective bargaining agreement deemed null and void.
AB40-ASA1-AA1, s. 2406fr 20Section 2406fr. 111.70 (1) (nm) of the statutes is amended to read:
AB40-ASA1-AA1,70,521 111.70 (1) (nm) "Strike" includes any strike or other concerted stoppage of work
22by municipal employees, and any concerted slowdown or other concerted
23interruption of operations or services by municipal employees, or any concerted
24refusal to work or perform their usual duties as municipal employees, for the purpose
25of enforcing demands upon a municipal employer. Such conduct by municipal

1employees which is not authorized or condoned by a labor organization constitutes
2a "strike", but does not subject such labor organization to the penalties under this
3subchapter. This paragraph does not apply to collective bargaining units composed
4of municipal employees who are engaged in law enforcement or fire fighting
5functions.
AB40-ASA1-AA1, s. 2406gh 6Section 2406gh. 111.70 (1) (p) of the statutes is created to read:
AB40-ASA1-AA1,70,87 111.70 (1) (p) "Transit employee" means a municipal employee who is
8determined to be a transit employee under sub. (4) (bm).
AB40-ASA1-AA1, s. 2406hg 9Section 2406hg. 111.70 (2) of the statutes is amended to read:
AB40-ASA1-AA1,71,1310 111.70 (2) Rights of municipal employees. Municipal employees shall have the
11right of self-organization, and the right to form, join, or assist labor organizations,
12to bargain collectively through representatives of their own choosing, and to engage
13in lawful, concerted activities for the purpose of collective bargaining or other mutual
14aid or protection, and such employees shall. Municipal employees have the right to
15refrain from any and all such activities except that employees. A general municipal
16employee has the right to refrain from paying dues while remaining a member of a
17collective bargaining unit. A public safety employee or a transit employee, however,

18may be required to pay dues in the manner provided in a fair-share agreement.
19Such
; a fair-share agreement covering a public safety employee or a transit
20employee must contain a provision requiring the municipal employer to deduct the
21amount of dues as certified by the labor organization from the earnings of the
22employee affected by the fair-share agreement and to pay the amount deducted to
23the labor organization. A
fair-share agreement shall be covering a public safety
24employee or transit employee is
subject to the right of the municipal employer or a
25labor organization to petition the commission to conduct a referendum. Such

1petition must be supported by proof that at least 30% of the employees in the
2collective bargaining unit desire that the fair-share agreement be terminated. Upon
3so finding, the commission shall conduct a referendum. If the continuation of the
4agreement is not supported by at least the majority of the eligible employees, it shall
5be deemed terminated terminate. The commission shall declare any fair-share
6agreement suspended upon such conditions and for such time as the commission
7decides whenever it finds that the labor organization involved has refused on the
8basis of race, color, sexual orientation, creed, or sex to receive as a member any public
9safety
employee or transit employee of the municipal employer in the bargaining unit
10involved, and such agreement shall be made is subject to this duty of the commission.
11Any of the parties to such agreement or any municipal public safety employee or
12transit employee
covered thereby by the agreement may come before the
13commission, as provided in s. 111.07, and ask the performance of this duty.
AB40-ASA1-AA1, s. 2406hr 14Section 2406hr. 111.70 (3) (a) 3. of the statutes is amended to read:
AB40-ASA1-AA1,71,1815 111.70 (3) (a) 3. To encourage or discourage a membership in any labor
16organization by discrimination in regard to hiring, tenure, or other terms or
17conditions of employment; but the prohibition shall not apply to a fair-share
18agreement that covers public safety employees or transit employees.
AB40-ASA1-AA1, s. 2406ig 19Section 2406ig. 111.70 (3) (a) 4. of the statutes is amended to read:
AB40-ASA1-AA1,72,1220 111.70 (3) (a) 4. To refuse to bargain collectively with a representative of a
21majority of its employees in an appropriate collective bargaining unit. Such refusal
22shall include includes action by the employer to issue or seek to obtain contracts,
23including those provided for by statute, with individuals in the collective bargaining
24unit while collective bargaining, mediation, or fact-finding concerning the terms and
25conditions of a new collective bargaining agreement is in progress, unless such

1individual contracts contain express language providing that the contract is subject
2to amendment by a subsequent collective bargaining agreement. Where the
3employer has a good faith doubt as to whether a labor organization claiming the
4support of a majority of its employees in an appropriate bargaining unit does in fact
5have that support, it may file with the commission a petition requesting an election
6to that claim. An employer shall not be deemed to have refused to bargain until an
7election has been held and the results thereof certified to the employer by the
8commission. The violation shall include, though not be limited thereby, to the refusal
9to execute a collective bargaining agreement previously agreed upon. The term of
10any collective bargaining agreement covering municipal employees who are not
11school district employees shall not exceed 3 years, and the term of any collective
12bargaining agreement covering school district employees shall not exceed 4 years.
AB40-ASA1-AA1, s. 2406ir 13Section 2406ir. 111.70 (3) (a) 5. of the statutes is amended to read:
AB40-ASA1-AA1,72,2214 111.70 (3) (a) 5. To violate any collective bargaining agreement previously
15agreed upon by the parties with respect to wages, hours and conditions of
16employment affecting municipal public safety employees or transit employees,
17including an agreement to arbitrate questions arising as to the meaning or
18application of the terms of a collective bargaining agreement or to accept the terms
19of such arbitration award, where previously the parties have agreed to accept such
20award as final and binding upon them or to violate any collective bargaining
21agreement affecting general municipal employees, that was previously agreed upon
22by the parties with respect to wages
.
AB40-ASA1-AA1, s. 2406pg 23Section 2406pg. 111.70 (3) (a) 6. of the statutes is amended to read:
AB40-ASA1-AA1,73,624 111.70 (3) (a) 6. To deduct labor organization dues from an employee's or
25supervisor's
the earnings of a public safety employee or a transit employees, unless

1the municipal employer has been presented with an individual order therefor, signed
2by the municipal employee personally, and terminable by at least the end of any year
3of its life or earlier by the municipal public safety employee or transit employee
4giving at least 30 days' written notice of such termination to the municipal employer
5and to the representative organization, except where there is when a fair-share
6agreement is in effect.
AB40-ASA1-AA1, s. 2406pr 7Section 2406pr. 111.70 (3) (a) 7. of the statutes is repealed.
AB40-ASA1-AA1, s. 2406prm 8Section 2406prm. 111.70 (3) (a) 7m. of the statutes is created to read:
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, s. 2406rg 11Section 2406rg. 111.70 (3) (a) 9. of the statutes is amended to read:
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, s. 2406rr 16Section 2406rr. 111.70 (3) (b) 6. of the statutes is repealed.
AB40-ASA1-AA1, s. 2406rrm 17Section 2406rrm. 111.70 (3) (b) 6m. of the statutes is created to read:
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, s. 2406tg 20Section 2406tg. 111.70 (3g) of the statutes is created to read:
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-AA1,73,24 2482. Page 975, line 18: after that line insert:
AB40-ASA1-AA1,74,1
1" Section 2408db. 111.70 (4) (L) of the statutes is amended to read:
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, s. 2408dg 7Section 2408dg. 111.70 (4) (m) of the statutes is repealed.
AB40-ASA1-AA1, s. 2409bg 8Section 2409bg. 111.70 (4) (mb) of the statutes is created to read:
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, s. 2409br 3Section 2409br. 111.70 (4) (mbb) of the statutes is created to read:
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, s. 2409cg 9Section 2409cg. 111.70 (4) (mc) (intro.) of the statutes is amended to read:
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-AA1,75,14 1483. Page 975, line 19: after that line insert:
AB40-ASA1-AA1,75,15 15" Section 2409cr. 111.70 (4) (mc) 4. of the statutes is repealed.".
AB40-ASA1-AA1,75,16 1684. Page 976, line 11: after that line insert:
AB40-ASA1-AA1,75,17 17" Section 2409dg. 111.70 (4) (n) and (o) of the statutes are repealed.
AB40-ASA1-AA1, s. 2409dr 18Section 2409dr. 111.70 (6) of the statutes is repealed.
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