Amendment SA8-AB40

AB40-SA8, s. 1721f Section 1721f. 66.0508 of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB40-SA8, s. 1721h Section 1721h. 66.0509 (1m) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.".

AB40-SA8,42,17 45. Page 682, line 3: after that line insert:

AB40-SA8,42,18 " Section 1748db. 70.11 (41s) of the statutes is created to read:

AB40-SA8,42,21 70.11 (41s) Wisconsin Quality Home Care Authority. All property owned by the Wisconsin Quality Home Care Authority, provided that use of the property is primarily related to the purposes of the authority.".

AB40-SA8,42,22 46. Page 753, line 11: after that line insert:

AB40-SA8,42,24 " Section 1894s. 71.26 (1) (be) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,43,5 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home Care Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.".

AB40-SA8,43,6 47. Page 864, line 6: after that line insert:

AB40-SA8,43,8 " Section 2135d. 73.03 (68) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.".

AB40-SA8,43,9 48. Page 875, line 19: after that line insert:

AB40-SA8,43,11 " Section 2180h. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,43,16 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.".

AB40-SA8,43,17 49. Page 934, line 10: after that line insert:

AB40-SA8,43,19 " Section 2311j. 100.45 (1) (dm) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,44,5 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.".

AB40-SA8,44,6 50. Page 951, line 22: after that line insert:

AB40-SA8,44,8 " Section 2378d. 101.177 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,44,19 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.".

AB40-SA8,44,20 51. Page 971, line 14: after that line insert:

AB40-SA8,44,22 " Section 2403x. 109.03 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,45,3 109.03 (1) (b) School district and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless, with respect to private school employees, the such employees are covered under a valid collective bargaining agreement which precludes this method of payment.".

AB40-SA8,45,4 52. Page 973, line 10: after that line insert:

AB40-SA8,45,6 " Section 2404rd. 111.02 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,45,11 111.02 (1) "All-union agreement" means an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization.

AB40-SA8, s. 2404re Section 2404re. 111.02 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,45,19 111.02 (2) "Collective bargaining" means the negotiation by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

AB40-SA8, s. 2404rf Section 2404rf. 111.02 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,46,12 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

AB40-SA8, s. 2404rg Section 2404rg. 111.02 (6) (am) of the statutes is created to read:

AB40-SA8,46,17 111.02 (6) (am) "Employee" includes a child care provider certified under s. 48.651 and a child care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the child care provider.

AB40-SA8, s. 2404rh Section 2404rh. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.) and amended to read:

AB40-SA8,46,21 111.02 (7) (a) (intro.) "Employer" means a person who engages the services of an employee, and includes a all of the following:

AB40-SA8,46,23 1. A person acting on behalf of an employer within the scope of his or her authority, express or implied.

AB40-SA8, s. 2404ri Section 2404ri. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:

AB40-SA8,46,25 111.02 (7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.

AB40-SA8,47,1 3. A local cultural arts district created under subch. V of ch. 229.

AB40-SA8,47,4 4. With respect to an employee under sub. (6) (am), the state, counties, and other administrative entities involved in regulation and subsidization of employees under sub. (6) (am).

AB40-SA8, s. 2404rj Section 2404rj. 111.02 (7) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,47,8 111.02 (7) (b) 1. The Except as provided in par. (a) 4., the state or any political subdivision thereof.

AB40-SA8, s. 2404rk Section 2404rk. 111.02 (7m), (9m) and (10m) of the statutes are created to read:

AB40-SA8,47,17 111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority, or between an employer defined under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am), under which all of the employees in a 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.

AB40-SA8,47,18 (9m) "Maintenance of membership agreement" means any of the following:

AB40-SA8,47,25 (a) An agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority which requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB40-SA8,48,6 (b) An agreement between an employer under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am) which requires that all of the employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB40-SA8,48,12 (10m) "Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit or in which employees under sub. (6) (am) in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

AB40-SA8, s. 2404rL Section 2404rL. 111.05 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,48,20 111.05 (2) Whenever Except as provided in subs. (5) and (7), whenever a question arises concerning the determination of a collective bargaining unit, 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-SA8, s. 2404rm Section 2404rm. 111.05 (3g) of the statutes is created to read:

AB40-SA8,49,2 111.05 (3g) Notwithstanding subs. (3) and (4), if on June 30, 1997, there is a representative recognized or certified to represent any of the units specified in s. 111.825 (1) (f) 1., 5. or 9., that representative shall become the representative of the employees in the corresponding collective bargaining units specified in sub. (5) (a) 1. to 3., without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section on or after October 1, 1998.

AB40-SA8, s. 2404rn Section 2404rn. 111.05 (5) of the statutes is created to read:

AB40-SA8,49,6 111.05 (5) (a) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employees engaged in each of the following functions:

AB40-SA8,49,7 1. Fiscal and staff services.

AB40-SA8,49,8 2. Patient care.

AB40-SA8,49,9 3. Science.

AB40-SA8,49,10 4. Clerical and related.

AB40-SA8,49,11 5. Blue collar and nonbuilding trades.

AB40-SA8,49,12 6. Building trades crafts.

AB40-SA8,49,13 7. Security and public safety.

AB40-SA8,49,14 8. Technical.

AB40-SA8,49,23 (b) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for such employees is subject to approval of the commission. The commission shall not permit fragmentation of such collective bargaining units or creation of any such collective bargaining unit that is too small to provide adequate representation of employees. In approving such collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.

AB40-SA8, s. 2404ro Section 2404ro. 111.05 (6) of the statutes is created to read:

AB40-SA8,50,10 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employees in any of the collective bargaining units that were combined to petition for an election under subs. (3) and (3g). Any agreement under this subsection is effective upon written notice of the agreement by the parties to the commission and terminates upon written notice of termination by the parties to the commission or upon decertification of the representative entering into the agreement as representative of one of the combined collective bargaining units, whichever occurs first.

AB40-SA8, s. 2404rp Section 2404rp. 111.05 (7) of the statutes is created to read:

AB40-SA8,50,13 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

AB40-SA8, s. 2404rq Section 2404rq. 111.06 (1) (c) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,51,21 111.06 (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 the 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 an all-union agreement. An authorization of an all-union agreement continues, 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 the 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 a referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this subdivision. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration 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 is 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-SA8, s. 2404rr Section 2404rr. 111.06 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,52,6 111.06 (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-SA8, s. 2404rs Section 2404rs. 111.06 (1) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,52,15 111.06 (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-SA8, s. 2404rt Section 2404rt. 111.06 (1) (m) of the statutes is created to read:

AB40-SA8,52,18 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB40-SA8, s. 2404ru Section 2404ru. 111.06 (2) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,52,22 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB40-SA8, s. 2404rv Section 2404rv. 111.075 of the statutes is created to read:

AB40-SA8,53,6 111.075 Fair-share and maintenance of membership agreements. (1) (a) No fair-share or maintenance of membership agreement is effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the employees in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.

AB40-SA8,53,13 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible employees voting in a referendum must vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible employees voting in a referendum must vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible employees vote in favor of the agreement, a maintenance of membership agreement is authorized.

AB40-SA8,54,2 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into a fair-share or maintenance of membership agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement must 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 the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, the agreement takes effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits, and other forms of liability made by employees or local labor organizations which may arise for actions taken by the employer in compliance with this section. All lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB40-SA8,54,9 (d) Under each fair-share or maintenance of membership agreement, an employee who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

AB40-SA8,54,23 (2) (a) Once authorized, a fair-share or maintenance of membership agreement continues, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. The petition must be supported by proof that at least 30 percent of the employees in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting employees required for its initial authorization, it shall continue, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it terminates at the expiration of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB40-SA8,55,6 (b) The commission shall declare any fair-share or maintenance of membership 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, or creed to receive as a member any employee in the collective bargaining unit involved, and the agreement shall be subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB40-SA8,55,9 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

AB40-SA8,55,12 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the University of Wisconsin Hospitals and Clinics Authority to conduct the referenda provided for in this section.

AB40-SA8,55,19 (5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (f) 1., 5. or 9., that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.05 (5) (a) 1. to 3. without the necessity of filing a petition or conducting a referendum, subject to the right of the employees in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a).

AB40-SA8,55,21 (6) This section applies only in collective bargaining units comprised of employees of the University of Wisconsin Hospitals and Clinics Authority.

AB40-SA8, s. 2404rw Section 2404rw. 111.115 (title) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,55,24 111.115 (title) Notice of certain proposed lockouts or strikes.

AB40-SA8, s. 2404rx Section 2404rx. 111.115 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 111.115 (1) (intro.) and amended to read: