Amendment SA8-AB40

AB40-SA8,72,19 h. The overall compensation presently received by the municipal employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

AB40-SA8,72,21 i. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.

AB40-SA8,73,2 j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration, or otherwise between the parties, in the public service, or in private employment.

AB40-SA8, s. 2407dq Section 2407dq. 111.70 (4) (cm) 8. of the statutes is created to read:

AB40-SA8,73,6 111.70 (4) (cm) 8. `Rule making.' The commission shall adopt rules for the conduct of all arbitration proceedings under subd. 6., including, but not limited to, rules for:

AB40-SA8,73,8 a. The appointment of tripartite arbitration panels when requested by the parties.

AB40-SA8,73,10 b. The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.

AB40-SA8,73,12 c. The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.

AB40-SA8,73,13 d. Proceedings for the enforcement of arbitration decisions.

AB40-SA8, s. 2407dr Section 2407dr. 111.70 (4) (cm) 8m. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,74,6 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering general municipal employees subject to this paragraph shall be for a term of one year and may not be extended 2 years, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district employees be for a term exceeding 3 years nor may a collective bargaining agreement for any collective bargaining unit consisting of school district employees subject to this paragraph be for a term exceeding 4 years. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement covering general municipal employees may be reopened for negotiations, unless both parties agree to reopen the collective bargaining agreement. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB40-SA8, s. 2407ds Section 2407ds. 111.70 (4) (cm) 9. of the statutes is created to read:

AB40-SA8,74,8 111.70 (4) (cm) 9. `Application.'

AB40-SA8,74,9 a. Chapter 788 does not apply to arbitration proceedings under this paragraph.

AB40-SA8,74,11 b. This paragraph does not apply to labor disputes involving municipal employees who are engaged in law enforcement or fire fighting functions.

AB40-SA8, s. 2407dt Section 2407dt. 111.70 (4) (d) 2. a. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,75,20 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal workforce. The commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether they desire to be established as a separate collective bargaining unit. The commission may not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both school district employees and general municipal employees who are not school district employees. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both public safety employees and general municipal employees. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Upon the expiration of any collective bargaining agreement in force, the commission shall combine into a single collective bargaining unit 2 or more collective bargaining units consisting of school district employees if a majority of the employees voting in each collective bargaining unit vote to combine.

AB40-SA8, s. 2407du Section 2407du. 111.70 (4) (d) 3. a. and c. of the statutes, as affected by 2011 Wisconsin Act 10, are consolidated, renumbered 111.70 (4) (d) 3. and amended to read:

AB40-SA8,76,7 111.70 (4) (d) 3. Whenever, in a particular case, a question arises concerning representation or appropriate unit, calling for a vote, the commission shall certify the results in writing to the municipal employer and the labor organization involved and to any other interested parties. c. Any ballot used in a representation proceeding under this subdivision shall include the names of all persons having an interest in representing or the results. The ballot should be so designed as to permit a vote against representation by any candidate named on the ballot. The findings of the commission, on which a certification is based, shall be conclusive unless reviewed as provided by s. 111.07 (8).

AB40-SA8, s. 2407dv Section 2407dv. 111.70 (4) (d) 3. b. of the statutes, as created by 2011 Wisconsin Act 10, is repealed.".

AB40-SA8,76,10 56. Page 975, line 18: after that line insert:

AB40-SA8,76,12 " Section 2408d. 111.70 (4) (L) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,76,17 111.70 (4) (L) Strikes prohibited. Nothing Except as authorized under par. (cm) 5. and 6. c., nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employee or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under sub. (7m).

AB40-SA8, s. 2408f Section 2408f. 111.70 (4) (m) of the statutes is created to read:

AB40-SA8,76,21 111.70 (4) (m) Prohibited subjects of bargaining; school district municipal employers. In a school district, the municipal employer is prohibited from bargaining collectively with respect to:

AB40-SA8,77,3 1. Reassignment of municipal employees who perform services for a board of school directors under ch. 119, with or without regard to seniority, as a result of a decision of the board of school directors to contract with an individual or group to operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter school, or the impact of any such reassignment on the wages, hours, or conditions of employment of the municipal employees who perform those services.

AB40-SA8,77,8 2. Reassignment of municipal employees who perform services for a board of school directors, with or without regard to seniority, as a result of the decision of the board to close or reopen a school under s. 119.18 (23), or the impact of any such reassignment on the wages, hours, or conditions of employment of the municipal employees who perform those services.

AB40-SA8,77,12 4. Any decision of a board of school directors to contract with a school or agency to provide educational programs under s. 119.235, or the impact of any such decision on the wages, hours, or conditions of employment of the municipal employees who perform services for the board.

AB40-SA8,77,14 6. Solicitation of sealed bids for the provision of group health care benefits for school district employees as provided in s. 120.12 (24).

AB40-SA8, s. 2408h Section 2408h. 111.70 (4) (mb) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB40-SA8, s. 2409cn Section 2409cn. 111.70 (4) (mc) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,77,22 111.70 (4) (mc) Prohibited subjects of bargaining; public safety employees. (intro.) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a public safety employee with respect to any of the following:".

AB40-SA8,77,23 57. Page 975, line 19: after that line insert:

AB40-SA8,77,24 " Section 2409ca. 111.70 (4) (mc) 4. of the statutes is created to read:

AB40-SA8,78,3 111.70 (4) (mc) 4. The judge's authority over the supervisory tasks provided in s. 755.10, if the municipal employee is a clerk who is not an employee of a city of the first class.".

AB40-SA8,78,4 58. Page 976, line 11: after that line insert:

AB40-SA8,78,5 " Section 2409da. 111.70 (4) (n) and (o) of the statutes are created to read:

AB40-SA8,78,11 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under sub. (1) (a), the municipal employer is required to bargain collectively with respect to time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties.

AB40-SA8,78,15 (o) Mandatory subjects of bargaining. In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under sub. (1) (a), the municipal employer is required to bargain collectively with respect to the development of or any changes to a teacher evaluation plan under s. 118.225.

AB40-SA8, s. 2409db Section 2409db. 111.70 (4) (p) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,78,23 111.70 (4) (p) Permissive subjects of collective bargaining; public safety employees. A municipal employer is not required to bargain with public safety employees on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the public safety municipal employees in a collective bargaining unit.

AB40-SA8, s. 2409de Section 2409de. 111.70 (7) of the statutes is created to read:

AB40-SA8,79,8 111.70 (7) Penalty for striker. (a) Whoever violates sub. (4) (L) after an injunction against such a strike has been issued shall be fined $10. After the injunction has been issued, any employee who is absent from work because of purported illness shall be presumed to be on strike unless the illness is verified by a written report from a physician to the employer. Each day of continued violation constitutes a separate offense. The court shall order that any fine imposed under this subsection be paid by means of a salary deduction at a rate to be determined by the court.

AB40-SA8,79,10 (b) This subsection applies only to municipal employees who are engaged in law enforcement or fire fighting functions.

AB40-SA8, s. 2409df Section 2409df. 111.70 (7m) (b) of the statutes is created to read:

AB40-SA8,79,23 111.70 (7m) (b) Injunction; threat to public health or safety. At any time after a labor organization gives advance notice of a strike under sub. (4) (cm) which is expressly authorized under sub. (4) (cm), the municipal employer or any citizen directly affected by the strike may petition the circuit court to enjoin the strike. If the court finds that the strike poses an imminent threat to the public health or safety, the court shall, within 48 hours after the receipt of the petition but after notice to the parties and after holding a hearing, issue an order immediately enjoining the strike, and in addition shall order the parties to submit a new final offer on all disputed issues to the commission for final and binding arbitration as provided in sub. (4) (cm). The commission, upon receipt of the final offers of the parties, shall transmit them to the arbitrator or a successor designated by the commission. The arbitrator shall omit preliminary steps and shall commence immediately to arbitrate the dispute.

AB40-SA8, s. 2409dg Section 2409dg. 111.70 (7m) (c) 1. a. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,80,8 111.70 (7m) (c) 1. a. Any labor organization that represents public safety employees which violates sub. (4) (L) may not collect any dues under a collective bargaining agreement or under a fair-share agreement from any public safety municipal employee covered by either agreement for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the public safety municipal employees covered by the collective bargaining agreement or fair-share agreement or the agreement is no longer in effect.

AB40-SA8, s. 2409dh Section 2409dh. 111.70 (7m) (c) 3. of the statutes is created to read:

AB40-SA8,80,14 111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or otherwise participates in a strike after the issuance of any final and binding arbitration award or decision under sub. (4) (cm) and prior to the end of the term of the agreement which the award or decision amends or creates shall forfeit not less than $15. Each day of continued violation constitutes a separate offense.

AB40-SA8, s. 2409di Section 2409di. 111.70 (7m) (e) of the statutes is created to read:

AB40-SA8,80,20 111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration award or decision under sub. (4) (cm) in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, shall be liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award or decision.

AB40-SA8, s. 2409dj Section 2409dj. 111.70 (7m) (f) of the statutes is created to read:

AB40-SA8,80,23 111.70 (7m) (f) Application. This subsection does not apply to strikes involving municipal employees who are engaged in law enforcement or fire fighting functions.

AB40-SA8, s. 2409dja Section 2409dja. 111.70 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,81,6 111.70 (8) (a) This section, except sub. subs. (1) (nm), (4) (cm), and (7m), applies to law enforcement supervisors employed by a 1st class city. This section, except sub. subs. (1) (nm), (4) (cm) and (jm), and (7m), applies to law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the terms term "municipal employee" and "public safety employee" include includes such a supervisor.

AB40-SA8, s. 2409dk Section 2409dk. 111.71 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,82,17 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1. or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1. 1m., 2., and 3., (cm) 3. and, 4., and 6., and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3) may not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB40-SA8, s. 2409dL Section 2409dL. 111.71 (4) of the statutes is created to read:

AB40-SA8,82,23 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cm). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB40-SA8, s. 2409dm Section 2409dm. 111.71 (5) of the statutes is created to read:

AB40-SA8,83,10 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.

AB40-SA8, s. 2409im Section 2409im. 111.77 (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,83,18 111.77 Settlement of disputes in collective bargaining units composed of law enforcement personnel and fire fighters. (intro.) Municipal In fire departments and city and county law enforcement agencies municipal employers and public safety employees, as provided in sub. (8), have the duty to bargain collectively in good faith including the duty to refrain from strikes or lockouts and to comply with the following:".

AB40-SA8,83,19 59. Page 976, line 20: after that line insert:

AB40-SA8,83,21 " Section 2409iw. 111.77 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,84,2 111.77 (8) (a) This section applies to public safety employees who are law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the term "municipal employee" includes such a supervisor.

AB40-SA8, s. 2409j Section 2409j. 111.80 of the statutes is created to read:

AB40-SA8,84,6 111.80 Declaration of policy. The public policy of the state as to labor relations and collective bargaining in state employment, in the furtherance of which this subchapter is enacted, is as follows:

AB40-SA8,84,10 (1) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB40-SA8,84,20 (2) Orderly and constructive employment relations for employees and the efficient administration of state government are promotive of all these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employee management relations in state employment, and the availability of suitable machinery for fair and peaceful adjustment of whatever controversies may arise. It is recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding state employment relations, neither party has any right to engage in acts or practices that jeopardize the public safety and interest and interfere with the effective conduct of public business.

AB40-SA8,85,2 (3) Where permitted under this subchapter, negotiations of terms and conditions of state employment should result from voluntary agreement between the state and its agents as employer, and its employees. For that purpose an employee may, if the employee desires, associate with others in organizing and in bargaining collectively through representatives of the employee's own choosing without intimidations or coercion from any source.

AB40-SA8,85,9 (4) It is the policy of this state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to encourage the practices and procedures of collective bargaining in state employment subject to the requirements of the public service and related laws, rules, and policies governing state employment, by establishing standards of fair conduct in state employment relations, and by providing a convenient, expeditious, and impartial tribunal in which these interests may have their respective rights determined.

AB40-SA8, s. 2409k Section 2409k. 111.81 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,85,21 111.81 (1) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3), with respect to general employees, with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-SA8, s. 2409p Section 2409p. 111.81 (3h) of the statutes is created to read:

AB40-SA8,85,23 111.81 (3h) "Consumer" has the meaning given in s. 46.2898 (1) (cm).

AB40-SA8, s. 2409w Section 2409w. 111.81 (3n) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.".

AB40-SA8,86,2 60. Page 977, line 5: delete the material beginning with that line and ending with page 978, line 19, and substitute:

AB40-SA8,86,3 " Section 2410bb. 111.81 (7) (g) of the statutes is created to read:

AB40-SA8,86,6 111.81 (7) (g) For purposes of this subchapter only, home care providers. This paragraph does not make home care providers state employees for any other purpose except collective bargaining.

AB40-SA8, s. 2410bg Section 2410bg. 111.81 (9) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,86,14 111.81 (9) "Fair-share agreement" means an agreement between the employer and a labor organization representing public safety employees or supervisors specified in s. 111.825 (5) under which all of the public safety employees or supervisors 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, s. 2410bi Section 2410bi. 111.81 (9g) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB40-SA8, s. 2410bk Section 2410bk. 111.81 (9k) of the statutes is created to read:

AB40-SA8,86,19 111.81 (9k) "Home care provider" means a qualified provider under s. 46.2898 (1) (f).

AB40-SA8, s. 2410bn Section 2410bn. 111.81 (12) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,87,2 111.81 (12) (intro.) "Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters that are subject to collective bargaining under s. 111.91 (1) or (3), whichever is applicable pertaining to terms and conditions of employment; but the term shall not include any organization:

AB40-SA8, s. 2410bp Section 2410bp. 111.81 (12m) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read: