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AB40-ASA1-AA1, s. 2404sq 13Section 2404sq. 111.06 (1) (m) of the statutes is repealed.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AB40-ASA1-AA1, s. 2404srm 17Section 2404srm. 111.075 of the statutes is repealed.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AB40-ASA1-AA1, s. 2404sv 3Section 2404sv. 111.115 (1) (a) of the statutes is repealed.
AB40-ASA1-AA1, s. 2404sw 4Section 2404sw. 111.115 (2) of the statutes is repealed.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.
AB40-ASA1-AA1, s. 2409eg 19Section 2409eg. 111.70 (7) of the statutes is repealed.
AB40-ASA1-AA1, s. 2409er 20Section 2409er. 111.70 (7m) (b) of the statutes is repealed.
AB40-ASA1-AA1, s. 2409fg 21Section 2409fg. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
AB40-ASA1-AA1,76,722 111.70 (7m) (c) 1. a. Any labor organization that represents public safety
23employees or transit employees
which violates sub. (4) (L) shall be penalized by the
24suspension of
may not collect any dues check-off under a collective bargaining

1agreement and or under a fair-share agreement between the municipal employer
2and such labor organization
from any employee covered by either agreement for a
3period of one year. At the end of the period of suspension, any such agreement shall
4be reinstated unless the labor organization is no longer authorized to represent the
5municipal public safety employees or transit employees covered by such dues
6check-off
the collective bargaining agreement or fair-share agreement or the
7agreement is no longer in effect.
AB40-ASA1-AA1, s. 2409fr 8Section 2409fr. 111.70 (7m) (c) 3. of the statutes is repealed.
AB40-ASA1-AA1, s. 2409gg 9Section 2409gg. 111.70 (7m) (e) and (f) of the statutes are repealed.
AB40-ASA1-AA1, s. 2409gr 10Section 2409gr. 111.70 (8) (a) of the statutes is amended to read:
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, s. 2409hg 17Section 2409hg. 111.71 (2) of the statutes is amended to read:
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).
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