AB40-SA8,87,125
111.81
(12m) "Maintenance of membership agreement" means an agreement
6between the employer and a labor organization representing
public safety employees
7or supervisors specified in s. 111.825 (5) which requires that all of the
public safety
8employees
or supervisors whose dues are being deducted from earnings under s.
920.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to
10have dues deducted for the duration of the agreement, and that dues shall be
11deducted from the earnings of all
public safety employees
or supervisors who are
12hired on or after the effective date of the agreement.
AB40-SA8,87,2117
111.81
(16) "Referendum" means a proceeding conducted by the commission in
18which
public safety employees
, or supervisors specified in s. 111.825 (5), in a
19collective bargaining unit may cast a secret ballot on the question of directing the
20labor organization and the employer to enter into a fair-share or maintenance of
21membership agreement or to terminate such an agreement.
AB40-SA8,88,2224
111.815
(1) In the furtherance of this subchapter, the state shall be considered
25as a single employer and employment relations policies and practices throughout the
1state service shall be as consistent as practicable. The office shall negotiate and
2administer collective bargaining agreements
except that the department of health
3services, subject to the approval of the federal centers for medicare and medicaid
4services to use collective bargaining as the method of setting rates for
5reimbursement of home care providers, shall negotiate and administer collective
6bargaining agreements entered into with the collective bargaining unit specified in
7s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements,
8the office
, or the department of health services with regard to collective bargaining
9agreements entered into with the collective bargaining unit specified in s. 111.825
10(2g), shall maintain close liaison with the legislature relative to the negotiation of
11agreements and the fiscal ramifications of those agreements. Except with respect
12to the collective bargaining
unit units specified in s. 111.825
(2) (f) (1r), (1t), and (2g),
13the office is responsible for the employer functions of the executive branch under this
14subchapter, and shall coordinate its collective bargaining activities with operating
15state agencies on matters of agency concern. The legislative branch shall act upon
16those portions of tentative agreements negotiated by the office that require
17legislative action. With respect to the collective bargaining unit specified in s.
18111.825 (2) (f), the governing board of the charter school established by contract
19under s. 118.40 (2r) (cm) is responsible for the employer functions under this
20subchapter.
With respect to the collective bargaining unit specified in s. 111.825 (2g),
21the department of health services is responsible for the employer functions of the
22executive branch under this subchapter.
AB40-SA8,89,7
1111.815
(2) The In the furtherance of the policy under s. 111.80 (4), the director
2of the office shall, together with the appointing authorities or their representatives,
3represent the state in its responsibility as an employer under this subchapter except
4with respect to negotiations in the collective bargaining
unit units specified in s.
5111.825
(2) (f) (1r), (1t), and (2g). The director of the office shall establish and
6maintain, wherever practicable, consistent employment relations policies and
7practices throughout the state service.
AB40-SA8,89,16
10111.82 Rights of employees. Employees have the right of self-organization
11and the right to form, join, or assist labor organizations, to bargain collectively
12through representatives of their own choosing under this subchapter, and to engage
13in lawful, concerted activities for the purpose of collective bargaining or other mutual
14aid or protection. Employees also have the right to refrain from any or all of such
15activities.
A general employee has the right to refrain from paying dues while
16remaining a member of a collective bargaining unit.
AB40-SA8,89,20
20"
Section 2410jm. 111.825 (2g) of the statutes is created to read:
AB40-SA8,89,2221
111.825
(2g) A collective bargaining unit for employees who are home care
22providers shall be structured as a single statewide collective bargaining unit.
AB40-SA8,90,2
1111.825
(3) The commission shall assign employees to the appropriate
2collective bargaining units set forth in subs. (1)
and
, (1r), (1t), (2)
, and (2g).".
AB40-SA8,90,147
111.825
(4) Any labor organization may petition for recognition as the exclusive
8representative of a collective bargaining unit specified in sub. (1)
or, (1r), (1t), (2)
, or
9(2g) in accordance with the election procedures set forth in s. 111.83, provided the
10petition is accompanied by a 30% showing of interest in the form of signed
11authorization cards. Each additional labor organization seeking to appear on the
12ballot shall file petitions within 60 days of the date of filing of the original petition
13and prove, through signed authorization cards, that at least 10% of the employees
14in the collective bargaining unit want it to be their representative.
AB40-SA8,91,417
111.825
(5) Although supervisors are not considered employees for purposes
18of this subchapter, the commission may consider a petition for a statewide collective
19bargaining unit of professional supervisors or a statewide unit of nonprofessional
20supervisors in the classified service, but the representative of supervisors may not
21be affiliated with any labor organization representing employees. For purposes of
22this subsection, affiliation does not include membership in a national, state, county
23or municipal federation of national or international labor organizations. The
24certified representative of supervisors
who are not public safety employees may not
1bargain collectively with respect to any matter other than wages
and fringe benefits
2as provided in
s. 111.91 (3), and the certified representative of supervisors who are
3public safety employees may not bargain collectively with respect to any matter other
4than wages and fringe benefits as provided in s. 111.91 (1).
AB40-SA8,91,2212
111.83
(1) Except as provided in
sub.
subs. (5)
and (5m), a representative
13chosen for the purposes of collective bargaining by a majority of the employees voting
14in a collective bargaining unit shall be the exclusive representative of all of the
15employees in such unit for the purposes of collective bargaining. Any individual
16employee, or any minority group of employees in any collective bargaining unit, may
17present grievances to the employer in person, or through representatives of their own
18choosing, and the employer shall confer with said employee or group of employees in
19relation thereto if the majority representative has been afforded the opportunity to
20be present at the conference. Any adjustment resulting from such a conference may
21not be inconsistent with the conditions of employment established by the majority
22representative and the employer.
AB40-SA8,92,135
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
6the name of more than one proposed representative appears on the ballot and results
7in no conclusion, the commission may, if requested by any party to the proceeding
8within 30 days from the date of the certification of the results of the election, conduct
9a runoff election. In that runoff election, the commission shall drop from the ballot
10the name of the representative who received the least number of votes at the original
11election. The commission shall drop from the ballot the privilege of voting against
12any representative if the least number of votes cast at the first election was against
13representation by any named representative.".
AB40-SA8,92,1817
111.83
(5m) (a) This subsection applies only to a collective bargaining unit
18specified in s. 111.825 (2g).
AB40-SA8,92,2119
(am) 1. Subject to subd. 2., the department of health services shall provide a
20labor organization with the list of home care providers provided to the department
21of health services under s. 52.20 (5) if any of the following apply:
AB40-SA8,92,2422
a. The labor organization demonstrates a showing of interest of at least 3
23percent of home care providers included in the collective bargaining unit under s.
24111.825 (2g) to be represented by that labor organization.
AB40-SA8,93,2
1b. The labor organization is a certified representative of any home care
2providers in this state.
AB40-SA8,93,43
c. The labor organization was a certified representative of any home care
4providers in this state prior to July 1, 2009.
AB40-SA8,93,75
2. A labor organization shall agree to use any list it receives under subd. 1. only
6for communicating with home care providers concerning the exercise of their rights
7under s. 111.82 and shall agree to keep the list confidential.
AB40-SA8,93,188
(b) Upon the filing of a petition with the commission indicating a showing of
9interest of at least 30 percent of the home care providers included in the collective
10bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to
11change the existing representative, the commission shall hold an election in which
12the home care providers may vote on the question of representation. The labor
13organization named in the petition shall be included on the ballot. Within 60 days
14of the time that the petition is filed, another petition may be filed with the
15commission indicating a showing of interest of at least 10 percent of the home care
16providers who are included in the collective bargaining unit under s. 111.825 (2g) to
17be represented by another labor organization, in which case the name of that labor
18organization shall also be included on the ballot.
AB40-SA8,93,2419
(c) If at an election held under par. (b), a majority of home care providers voting
20in the collective bargaining unit vote for a single labor organization, the labor
21organization shall be the exclusive representative for all home care providers in that
22collective bargaining unit. If no single labor organization receives a majority of the
23votes cast, the commission may hold one or more runoff elections under sub. (4) until
24one labor organization receives a majority of the votes cast.
AB40-SA8,94,8
1111.83
(7) Notwithstanding subs. (1), (3), and (6) and s. 111.825 (4), if on July
21, 1997, there is a representative recognized or certified to represent the employees
3in any of the collective bargaining units specified in s. 111.825 (1) (a) to (e), that
4representative shall become the representative of the employees in the
5corresponding collective bargaining units specified in s. 111.825 (1m) (a) to (e),
6without the necessity of filing a petition or conducting an election, subject to the right
7of any person to file a petition under this section during October 1998 or at any
8subsequent time when sub. (6) applies.
AB40-SA8,95,311
111.84
(1) (b) Except as otherwise provided in this paragraph, to initiate,
12create, dominate or interfere with the formation or administration of any labor or
13employee organization or contribute financial support to it. Except as provided in
14ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
15retirement system under ch. 40 and no action by the employer that is authorized by
16such a law constitutes a violation of this paragraph unless an applicable collective
17bargaining agreement
covering a collective bargaining unit under s. 111.825 (1) (g) 18specifically prohibits the change or action. No such change or action affects the
19continuing duty to bargain collectively
with a collective bargaining unit under s.
20111.825 (1) (g) regarding the Wisconsin retirement system under ch. 40 to the extent
21required by s. 111.91
(1). It is not an unfair labor practice for the employer to
22reimburse an employee at his or her prevailing wage rate for the time spent during
23the employee's regularly scheduled hours conferring with the employer's officers or
24agents and for attendance at commission or court hearings necessary for the
25administration of this subchapter. Professional supervisory or craft personnel may
1maintain membership in professional or craft organizations; however, as members
2of such organizations they shall be prohibited from those activities related to
3collective bargaining in which the organizations may engage.
AB40-SA8,95,156
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
7(1)
or (3), whichever is appropriate, with a representative of a majority of its
8employees in an appropriate collective bargaining unit. Where the employer has a
9good faith doubt as to whether a labor organization claiming the support of a majority
10of its employees in appropriate collective bargaining unit does in fact have that
11support, it may file with the commission a petition requesting an election as to that
12claim. It is not deemed to have refused to bargain until an election has been held and
13the results thereof certified to it by the commission. A violation of this paragraph
14includes, but is not limited to, the refusal to execute a collective bargaining
15agreement previously orally agreed upon.
AB40-SA8,96,218
111.84
(1) (f) To deduct labor organization dues from
the an employee's 19earnings
of a public safety employee, unless the employer has been presented with
20an individual order therefor, signed by the
public safety employee personally, and
21terminable by at least the end of any year of its life or earlier by the
public safety
22employee giving at least 30 but not more than 120 days' written notice of such
23termination to the employer and to the representative labor organization, except if
24there is a fair-share or maintenance of membership agreement in effect. The
1employer shall give notice to the labor organization of receipt of such notice of
2termination.
AB40-SA8,96,125
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
6(1)
or (3), whichever is appropriate, with the duly authorized officer or agent of the
7employer which is the recognized or certified exclusive collective bargaining
8representative of employees specified in s. 111.81 (7) (a) in an appropriate collective
9bargaining unit or with the certified exclusive collective bargaining representative
10of employees specified in s. 111.81 (7) (b) to
(f)
(g) in an appropriate collective
11bargaining unit. Such refusal to bargain shall include, but not be limited to, the
12refusal to execute a collective bargaining agreement previously orally agreed upon.
AB40-SA8,96,1815
111.84
(3) It is an unfair labor practice for any person to do or cause to be done
16on behalf of or in the interest of employers or employees, or in connection with or to
17influence the outcome of any controversy as to employment relations, any act
18prohibited by
sub. subs. (1)
or and (2).
AB40-SA8,97,623
111.85
(1) (a) No fair-share or maintenance of membership agreement
24covering public safety employees may become effective unless authorized by a
25referendum. The commission shall order a referendum whenever it receives a
1petition supported by proof that at least 30% of the
public safety employees
or
2supervisors specified in s. 111.825 (5) in a collective bargaining unit desire that a
3fair-share or maintenance of membership agreement be entered into between the
4employer and a labor organization. A petition may specify that a referendum is
5requested on a maintenance of membership agreement only, in which case the ballot
6shall be limited to that question.
AB40-SA8,97,147
(b) For a fair-share agreement to be authorized, at least two-thirds of the
8eligible
public safety employees
or supervisors voting in a referendum shall vote in
9favor of the agreement. For a maintenance of membership agreement to be
10authorized, at least a majority of the eligible
public safety employees
or supervisors 11voting in a referendum shall vote in favor of the agreement. In a referendum on a
12fair-share agreement, if less than two-thirds but more than one-half of the eligible
13public safety employees
or supervisors vote in favor of the agreement, a maintenance
14of membership agreement is authorized.
AB40-SA8,98,315
(c) If a fair-share or maintenance of membership agreement is authorized in
16a referendum, the employer shall enter into such an agreement with the labor
17organization named on the ballot in the referendum. Each fair-share or
18maintenance of membership agreement shall contain a provision requiring the
19employer to deduct the amount of dues as certified by the labor organization from the
20earnings of the
public safety employees
or supervisors affected by the agreement and
21to pay the amount so deducted to the labor organization. Unless the parties agree
22to an earlier date, the agreement shall take effect 60 days after certification by the
23commission that the referendum vote authorized the agreement. The employer shall
24be held harmless against any claims, demands, suits and other forms of liability
25made by
public safety employees
or supervisors or local labor organizations which
1may arise for actions taken by the employer in compliance with this section. All such
2lawful claims, demands, suits and other forms of liability are the responsibility of the
3labor organization entering into the agreement.
AB40-SA8,98,104
(d) Under each fair-share or maintenance of membership agreement,
a public
5safety an employee
or supervisor who has religious convictions against dues
6payments to a labor organization based on teachings or tenets of a church or religious
7body of which he or she is a member shall, on request to the labor organization, have
8his or her dues paid to a charity mutually agreed upon by the
public safety employee
9or supervisor and the labor organization. Any dispute concerning this paragraph
10may be submitted to the commission for adjudication.
AB40-SA8,98,25
11(2) (a) Once authorized, a fair-share or maintenance of membership
12agreement
covering public safety employees shall continue in effect, subject to the
13right of the employer or labor organization concerned to petition the commission to
14conduct a new referendum. Such petition must be supported by proof that at least
1530% of the
public safety employees
or supervisors in the collective bargaining unit
16desire that the fair-share or maintenance of membership agreement be
17discontinued. Upon so finding, the commission shall conduct a new referendum. If
18the continuance of the fair-share or maintenance of membership agreement is
19approved in the referendum by at least the percentage of eligible voting
public safety
20employees
or supervisors required for its initial authorization, it shall be continued
21in effect, subject to the right of the employer or labor organization to later initiate a
22further vote following the procedure prescribed in this subsection. If the
23continuation of the agreement is not supported in any referendum, it is deemed
24terminated at the termination of the collective bargaining agreement, or one year
25from the date of the certification of the result of the referendum, whichever is earlier.
AB40-SA8,99,9
1(b) The commission shall declare any fair-share or maintenance of
2membership agreement suspended upon such conditions and for such time as the
3commission decides whenever it finds that the labor organization involved has
4refused on the basis of race, color, sexual orientation or creed to receive as a member
5any
public safety employee
or supervisor in the collective bargaining unit involved,
6and the agreement shall be made subject to the findings and orders of the
7commission. Any of the parties to the agreement, or any
public safety employee
or
8supervisor covered thereby, may come before the commission, as provided in s.
9111.07, and petition the commission to make such a finding.
AB40-SA8,99,12
10(4) The commission may, under rules adopted for that purpose, appoint as its
11agent an official of a state agency whose
public safety employees are entitled to vote
12in a referendum to conduct a referendum provided for herein.
AB40-SA8,99,2014
111.85
(5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or
15maintenance of membership agreement in effect in any of the collective bargaining
16units specified in s. 111.825 (1) (a) to (e), that fair-share or maintenance of
17membership agreement shall apply to the corresponding collective bargaining unit
18under s. 111.825 (1m) (a) to (e) without the necessity of filing a petition or conducting
19a referendum, subject to the right of the employees in each collective bargaining unit
20to file a petition requesting a referendum under sub. (2) (a).
AB40-SA8,99,2523
111.90
(2) Manage Subject to s. 111.91 (1) (am), manage the employees of a state
24agency; hire, promote, transfer, assign or retain employees in positions within the
25agency; and in that regard establish reasonable work rules.
AB40-SA8,100,4
2111.905 Rights of consumer. (1) This subchapter does not interfere with the
3rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise,
4or discipline home care providers or to set conditions and duties of employment.
AB40-SA8,100,6
5(2) A home care provider is an at will provider of home care services to a
6consumer, and this subchapter does not interfere with that relationship.
AB40-SA8,100,179
111.91
(1) (a) Except as provided in pars. (b) to
(d), with regard to a collective
10bargaining unit under s. 111.825 (1) (g) (e), matters subject to collective bargaining
11to the point of impasse are wage rates, consistent with sub. (2), the assignment and
12reassignment of classifications to pay ranges, determination of an incumbent's pay
13status resulting from position reallocation or reclassification, and pay adjustments
14upon temporary assignment of classified
public safety employees to duties of a higher
15classification or downward reallocations of a classified
public safety employee's
16position; fringe benefits consistent with sub. (2); hours and conditions of
17employment.
AB40-SA8,100,2420
111.91
(1) (b) The employer is not required to bargain
with a collective
21bargaining unit under s. 111.825 (1) (g) on management rights under s. 111.90, except
22that procedures for the adjustment or settlement of grievances or disputes arising
23out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of
24bargaining.
AB40-SA8,101,43
111.91
(1) (c) The employer is prohibited from bargaining
with a collective
4bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).
AB40-SA8,101,86
111.91
(1) (cg) The representative of home care providers in the collective
7bargaining unit specified under s. 111.825 (2g) may not bargain collectively with
8respect to any matter other than wages and fringe benefits.
AB40-SA8,101,1611
111.91
(1) (cm) Except as provided in sub. (2)
(g) and (h) and ss. 40.02 (22) (e)
12and 40.23 (1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40
13and all actions of the employer that are authorized under any such law which apply
14to nonrepresented individuals employed by the state shall apply to similarly situated
15public safety employees, unless otherwise specifically provided in a collective
16bargaining agreement that applies to the
public safety employees.
AB40-SA8,101,2119
111.91
(1) (d)
In the case of a collective bargaining unit under s. 111.825 (1) (g),
20demands Demands relating to retirement and group insurance shall be submitted
21to the employer at least one year prior to commencement of negotiations.
AB40-SA8,101,2423
111.91
(1) (e) The employer shall not be required to bargain on matters related
24to employee occupancy of houses or other lodging provided by the state.
AB40-SA8,102,43
111.91
(2) (intro.) The employer is prohibited from bargaining
with a collective
4bargaining unit under s. 111.825 (1) (g) with respect to all of the following:".
AB40-SA8,102,128
111.91
(2) (gu) The right of
a public safety employee, who is an employee, as
9defined in s. 103.88 (1) (d),
and who is a fire fighter, emergency medical technician,
10first responder, or ambulance driver for a volunteer fire department or fire company,
11a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined
12in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).