AB40-ASA1-AA1-AA1,39,2218
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
19bargaining unit for the purpose of collective bargaining and shall whenever possible
20avoid fragmentation by maintaining as few collective bargaining units as practicable
21in keeping with the size of the total municipal workforce. The commission may
22decide whether, in a particular case, the municipal employees in the same or several
23departments, divisions, institutions, crafts, professions, or other occupational
24groupings constitute a collective bargaining unit. Before making its determination,
25the commission may provide an opportunity for the municipal employees concerned
1to determine, by secret ballot, whether they desire to be established as a separate
2collective bargaining unit. The commission may not decide, however, that any group
3of municipal employees constitutes an appropriate collective bargaining unit if the
4group includes both professional employees and nonprofessional employees, unless
5a majority of the professional employees vote for inclusion in the unit. The
6commission may not decide that any group of municipal employees constitutes an
7appropriate collective bargaining unit if the group includes both school district
8employees and general municipal employees who are not school district employees.
9The commission may not decide that any group of municipal employees constitutes
10an appropriate collective bargaining unit if the group includes both public safety
11employees and general municipal employees, if the group include includes both
12transit employees and general municipal employees, or if the group includes both
13transit employees and public safety employees. The commission may not decide that
14any group of municipal employees constitutes an appropriate collective bargaining
15unit if the group includes both craft employees and noncraft employees unless a
16majority of the craft employees vote for inclusion in the unit. The commission shall
17place the professional employees who are assigned to perform any services at a
18charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit
19from a unit that includes any other professional employees whenever at least 30%
20of those professional employees request an election to be held to determine that issue
21and a majority of the professional employees at the charter school who cast votes in
22the election decide to be represented in a separate collective bargaining unit.
AB40-ASA1-AA1-AA1,40,17
1111.70
(4) (d) 3. b. Annually, the commission shall conduct an election to certify
2the representative of the collective bargaining unit that contains a general municipal
3employee. The election shall occur no later than December 1 for a collective
4bargaining unit containing school district employees and no later than May 1 for a
5collective bargaining unit containing general municipal employees who are not
6school district employees. The commission shall certify any representative that
7receives at least 51 percent of the votes of all of the general municipal employees in
8the collective bargaining unit. If no representative receives at least 51 percent of the
9votes of all of the general municipal employees in the collective bargaining unit, at
10the expiration of the collective bargaining agreement, the commission shall decertify
11the current representative and the general municipal employees shall be
12nonrepresented. Notwithstanding sub. (2), if a representative is decertified under
13this subd. 3. b., the affected general municipal employees may not be included in a
14substantially similar collective bargaining unit for 12 months from the date of
15decertification. The commission shall assess and collect a certification fee for each
16election conducted under this subd. 3. b. Fees collected under this subd. 3. b. shall
17be credited to the appropriation account under s. 20.425 (1) (i).".
AB40-ASA1-AA1-AA1,40,2521
111.70
(4) (mb) 2. b. If there is a decrease or no change in the consumer price
22index change, provides for any change in total base wages for authorized positions
23in the proposed collective bargaining agreement from the total base wages for
24authorized positions 180 days before the expiration of the previous collective
25bargaining agreement.
AB40-ASA1-AA1-AA1,41,62
111.70
(4) (mbb) For purposes of determining compliance with par. (mb), the
3commission shall provide, upon request, to a municipal employer or to any
4representative of a collective bargaining unit containing a general municipal
5employee, the consumer price index change during any 12-month period. The
6commission may get the information from the department of revenue.".
AB40-ASA1-AA1-AA1,41,1510
111.70
(4) (p)
Permissive subjects of collective bargaining; public safety and
11transit employees. A municipal employer is not required to bargain with public safety
12employees or transit employees on subjects reserved to management and direction
13of the governmental unit except insofar as the manner of exercise of such functions
14affects the wages, hours, and conditions of employment of the public safety
15employees or of the transit employees in a collective bargaining unit.
AB40-ASA1-AA1-AA1,41,2518
111.70
(7m) (c) 1. a. Any labor organization that represents public safety
19employees or transit employees which violates sub. (4) (L) may not collect any dues
20under a collective bargaining agreement or under a fair-share agreement from any
21employee covered by either agreement for a period of one year. At the end of the
22period of suspension, any such agreement shall be reinstated unless the labor
23organization is no longer authorized to represent the public safety employees or
24transit employees covered by the collective bargaining agreement or fair-share
25agreement or the agreement is no longer in effect.
AB40-ASA1-AA1-AA1,42,73
111.70
(8) (a) This section, except sub. (4) (cg) and (cm), applies to law
4enforcement supervisors employed by a 1st class city. This section, except sub. (4)
5(cm) and (jm), applies to law enforcement supervisors employed by a county having
6a population of 500,000 or more. For purposes of such application, the terms
7"municipal employee" and "public safety employee" include such a supervisor.
AB40-ASA1-AA1-AA1,43,1810
111.71
(2) The commission shall assess and collect a filing fee for filing a
11complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
12The commission shall assess and collect a filing fee for filing a request that the
13commission act as an arbitrator to resolve a dispute involving the interpretation or
14application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or
15(cm) 4. The commission shall assess and collect a filing fee for filing a request that
16the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
17assess and collect a filing fee for filing a request that the commission act as a
18mediator under s. 111.70 (4) (c) 1., (cg) 3., or (cm) 3. The commission shall assess and
19collect a filing fee for filing a request that the commission initiate compulsory, final
20and binding arbitration under s. 111.70 (4) (cg) 6. or (jm) or 111.77 (3). For the
21performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cg) 3., 4., and
226., (cm) 3. and 4., and (jm) and 111.77 (3), the commission shall require that the
23parties to the dispute equally share in the payment of the fee and, for the
24performance of commission actions involving a complaint alleging that a prohibited
25practice has been committed under s. 111.70 (3), the commission shall require that
1the party filing the complaint pay the entire fee. If any party has paid a filing fee
2requesting the commission to act as a mediator for a labor dispute and the parties
3do not enter into a voluntary settlement of the dispute, the commission may not
4subsequently assess or collect a filing fee to initiate fact-finding or arbitration to
5resolve the same labor dispute. If any request for the performance of commission
6actions concerns issues arising as a result of more than one unrelated event or
7occurrence, each such separate event or occurrence shall be treated as a separate
8request. The commission shall promulgate rules establishing a schedule of filing fees
9to be paid under this subsection. Fees required to be paid under this subsection shall
10be paid at the time of filing the complaint or the request for fact-finding, mediation
11or arbitration. A complaint or request for fact-finding, mediation or arbitration is
12not filed until the date such fee or fees are paid, except that the failure of the
13respondent party to pay the filing fee for having the commission initiate compulsory,
14final and binding arbitration under s. 111.70 (4) (cg) 6. or (jm) or 111.77 (3) may not
15prohibit the commission from initiating such arbitration. The commission may
16initiate collection proceedings against the respondent party for the payment of the
17filing fee. Fees collected under this subsection shall be credited to the appropriation
18account under s. 20.425 (1) (i).
AB40-ASA1-AA1-AA1,43,2420
111.71
(4m) The commission shall collect on a systematic basis information on
21the operation of the arbitration law under s. 111.70 (4) (cg). The commission shall
22report on the operation of the law to the legislature on an annual basis. The report
23shall be submitted to the chief clerk of each house of the legislature for distribution
24to the legislature under s. 13.172 (2).
AB40-ASA1-AA1-AA1,44,10
1111.71
(5m) The commission shall, on a regular basis, provide training
2programs to prepare individuals for service as arbitrators or arbitration panel
3members under s. 111.70 (4) (cg). The commission shall engage in appropriate
4promotional and recruitment efforts to encourage participation in the training
5programs by individuals throughout the state, including at least 10 residents of each
6congressional district. The commission may also provide training programs to
7individuals and organizations on other aspects of collective bargaining, including on
8areas of management and labor cooperation directly or indirectly affecting collective
9bargaining. The commission may charge a reasonable fee for participation in the
10programs.".
AB40-ASA1-AA1-AA1,44,1413
111.77
(9) Section 111.70 (4) (c) 3.
, (cg), and (cm)
shall does not apply to
14employments covered by this section.".
AB40-ASA1-AA1-AA1,45,1218
111.83
(3) (b) Annually, no later than December 1, the commission shall
19conduct an election to certify the representative of a collective bargaining unit that
20contains a general employee. There shall be included on the ballot the names of all
21labor organizations having an interest in representing the general employees
22participating in the election. The commission may exclude from the ballot one who,
23at the time of the election, stands deprived of his or her rights under this subchapter
24by reason of a prior adjudication of his or her having engaged in an unfair labor
25practice. The commission shall certify any representative that receives at least 51
1percent of the votes of all of the general employees in the collective bargaining unit.
2If no representative receives at least 51 percent of the votes of all of the general
3employees in the collective bargaining unit, at the expiration of the collective
4bargaining agreement, the commission shall decertify the current representative
5and the general employees shall be nonrepresented. Notwithstanding s. 111.82, if
6a representative is decertified under this paragraph, the affected general employees
7may not be included in a substantially similar collective bargaining unit for 12
8months from the date of decertification. The commission's certification of the results
9of any election is conclusive unless reviewed as provided by s. 111.07 (8). The
10commission shall assess and collect a certification fee for each election conducted
11under this paragraph. Fees collected under this paragraph shall be credited to the
12appropriation account under s. 20.425 (1) (i).".
AB40-ASA1-AA1-AA1,45,2016
111.91
(3) (b) 2. If there is a decrease or no change in the consumer price index
17change, provides for any change in total base wages for authorized positions in the
18proposed collective bargaining agreement from the total base wages for authorized
19positions 180 days before the expiration of the previous collective bargaining
20agreement.".
AB40-ASA1-AA1-AA1,46,102
118.134
(3) (a) The state superintendent shall issue a decision and order within
345 days after the hearing. If the state superintendent finds that the use of the
4race-based nickname, logo, mascot, or team name does not promote discrimination,
5pupil harassment, or stereotyping, the state superintendent shall dismiss the
6complaint. Except as provided in
par. pars. (b)
and (d), if the state superintendent
7finds that the use of the race-based nickname, logo, mascot, or team name promotes
8discrimination, pupil harassment, or stereotyping, the state superintendent shall
9order the school board to terminate its use of the race-based nickname, logo, mascot,
10or team name within 12 months after issuance of the order.
AB40-ASA1-AA1-AA1,46,1512
118.134
(3) (d) No school district required by a decision and order issued under
13this subsection on or before the effective date of this paragraph .... [LRB inserts date],
14to terminate the use of a race-based nickname, logo, mascot, or team name shall be
15required to comply with the terms of that decision and order until January 15, 2013.".
AB40-ASA1-AA1-AA1,46,2423
61L. Page 999, line 11: delete the material beginning with "
The governing body"
24and ending with "
2g." on line 14.
AB40-ASA1-AA1-AA1,47,2
161p. Page 999, line 15: delete the material beginning with that line and ending
2with page 1000, line 6.
AB40-ASA1-AA1-AA1,47,54
61t. Page 1005, line 10: delete "
Racine parental choice program" and
5substitute "
Parental choice programs for eligible school districts".
AB40-ASA1-AA1-AA1,47,8
7"(am) "Eligible school district" means a school district that satisfies all of the
8following:
AB40-ASA1-AA1-AA1,47,129
1. The school district's equalized value per member, as determined in
10accordance with s. 121.15 (4) on October 15 of the 2nd fiscal year of the current fiscal
11biennium for the distribution of equalization aid in that year, is no more than 80
12percent of the statewide average.
AB40-ASA1-AA1-AA1,47,1613
2. The school district's shared cost per member, as determined in accordance
14with s. 121.07 on October 15 of the 2nd fiscal year of the current fiscal biennium, for
15the distribution of aid in that year is no more than 91 percent of the statewide
16average.
AB40-ASA1-AA1-AA1,47,1817
3. The school district is eligible, in the 2nd fiscal year of the current fiscal
18biennium, to receive aid under s. 121.136.
AB40-ASA1-AA1-AA1,47,1919
4. The school district is located in whole or in part in a city of the 2nd class.".
AB40-ASA1-AA1-AA1,48,2
21"
(1m) By November 15 of the 2nd fiscal year of each fiscal biennium, the
22department shall prepare a list that identifies eligible school districts. The
23department shall post the list on the department's Internet site and shall notify in
24writing the school district clerk of each eligible school district. A school district that
1qualifies as an eligible school district under this section remains an eligible school
2district.".
AB40-ASA1-AA1-AA1,48,54
62m. Page 1006, line 7: delete "the Racine Unified School District" and
5substitute "an eligible school district".
AB40-ASA1-AA1-AA1,48,76
63m. Page 1007, line 9: delete the material beginning with "Racine" and ending
7with "District" on line 10 and substitute "an eligible school district".
AB40-ASA1-AA1-AA1,48,108
64m. Page 1007, line 22: delete "the 2011-12 school year" and substitute "an
9eligible school district identified under 2011 Wisconsin Act .... (this act), section 9137
10(3u)".
AB40-ASA1-AA1-AA1,48,1311
65b. Page 1008, line 10: delete ", 2011" and substitute "of the first school year
12that begins after a school district is identified as an eligible school district under sub.
13(1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u)".
AB40-ASA1-AA1-AA1,48,1816
65h. Page 1008, line 21: delete ", 2016" and substitute "of the 5th school year
17that begins after a school district is identified as an eligible school district under sub.
18(1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u)".
AB40-ASA1-AA1-AA1,48,2119
65i. Page 1009, line 10: delete "after August 31, 2012;" and substitute "in the
20first school year that begins after a school district is identified as an eligible school
21district under sub. (1m)".
AB40-ASA1-AA1-AA1,48,2422
65L. Page 1010, line 3: delete "2011-12 school year" and substitute "first school
23year that begins after a school district is identified as an eligible school district under
24sub. (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u)".
AB40-ASA1-AA1-AA1,49,53
65p. Page 1010, line 7: delete "2012-13 school year" and substitute "2nd school
4year that begins after a school district is identified as an eligible school district under
5sub. (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u)".
AB40-ASA1-AA1-AA1,49,76
65q. Page 1010, line 9: delete "2011-12 school year" and substitute
7"immediately preceding school year".
AB40-ASA1-AA1-AA1,49,98
65s. Page 1013, line 11: before "parent or guardian" insert "private school in
9which the pupil is enrolled on behalf of the pupil's".
AB40-ASA1-AA1-AA1,49,1110
65t. Page 1015, line 11: delete "the Racine Unified School District" and
11substitute "an eligible school district".
AB40-ASA1-AA1-AA1,49,1312
65v. Page 1015, line 13: delete "the Racine Unified School District" and
13substitute "an eligible school district".
AB40-ASA1-AA1-AA1,49,1614
65w. Page 1020, line 6: delete the material beginning with "Racine" and ending
15with "District" on line 7 and substitute "eligible school district within which the
16pupils reside".
AB40-ASA1-AA1-AA1,49,1817
65z. Page 1024, line 12: delete the material beginning with that line and ending
18with page 1045, line 18.
AB40-ASA1-AA1-AA1,49,2019
66g. Page 1048, line 2: delete that line and substitute "3.
and under s. 118.60
20(7) (am) and (d) 2. and 3.".
AB40-ASA1-AA1-AA1,49,2322
66p. Page 1051, line 23: before "parent or guardian" insert "
private school in
23which the pupil is enrolled on behalf of the pupil's".
AB40-ASA1-AA1-AA1,50,43
67i. Page 1058, line 4: delete "the Racine Unified School District" and
4substitute "an eligible school district".
AB40-ASA1-AA1-AA1,50,75
67k. Page 1058, line 7: delete "2011-12 school year" and substitute "first school
6year that begins after a school district is identified as an eligible school district under
7s. 118.60 (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u),".