Amendment SA8-AB40

AB40-SA8,124,24 (3) The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. In making findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Upon the request of either party, the fact finder may orally present the recommendations in advance of service of the written findings and recommendations. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy thereof to the commission at its Madison office.

AB40-SA8,125,2 (4) A fact finder may mediate a dispute at any time prior to the issuance of the fact finder's recommendations.

AB40-SA8,125,8 (5) Within 30 days of the receipt of the fact finder's recommendations or within a time period mutually agreed upon by the parties, each party shall advise the other, in writing, as to the party's acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, send a copy of the notification to the commission at its Madison office. Failure to comply with this subsection, by the employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).

AB40-SA8,125,14 111.996 Strike prohibited. (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the board to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

AB40-SA8,125,17 (2) The occurrence of a strike and the participation in the strike by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including all of the following:

AB40-SA8,125,19 (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating in the strike.

AB40-SA8,125,21 (b) The right to cancel the reinstatement eligibility of any employee engaging in the strike.

AB40-SA8,125,24 (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging in the strike, or to sue for damages because of such strike activity.

AB40-SA8,126,2 111.997 Management rights. Nothing in this subchapter shall interfere with the right of the board, in accordance with this subchapter, to do any of the following:

AB40-SA8,126,5 (1) Carry out the statutory mandate and goals assigned to the board by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

AB40-SA8,126,9 (2) Suspend, demote, discharge, or take other appropriate disciplinary action against the employee; or to lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and nonproductive.

AB40-SA8,126,12 111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (f), matters subject to collective bargaining to the point of impasse are salaries; fringe benefits consistent with sub. (2); and hours and conditions of employment.

AB40-SA8,126,16 (b) The board is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of bargaining.

AB40-SA8,126,17 (c) The board is prohibited from bargaining on matters contained in sub. (2).

AB40-SA8,126,23 (d) Except as provided in sub. (2) (d) and (e) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all actions of the board that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

AB40-SA8,126,25 (e) Demands relating to retirement and group insurance shall be submitted to the board at least one year prior to commencement of negotiations.

AB40-SA8,127,2 (f) The board is not required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

AB40-SA8,127,3 (2) The board is prohibited from bargaining on:

AB40-SA8,127,7 (a) The mission and goals of the board as set forth in the statutes; the diminution of the right of tenure provided the faculty under s. 36.13, the rights granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the rights of appointment provided academic staff under s. 36.15; or academic freedom.

AB40-SA8,127,8 (b) Amendments to this subchapter.

AB40-SA8,127,12 (c) Family leave and medical leave rights below the minimum afforded under s. 103.10. Nothing in this paragraph prohibits the board from bargaining on rights to family leave or medical leave which are more generous to the employee than the rights provided under s. 103.10.

AB40-SA8,127,14 (d) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a) 3.

AB40-SA8,127,16 (e) The rights of employees to have retirement benefits computed under s. 40.30.

AB40-SA8,127,18 (f) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.

AB40-SA8,127,19 (h) Creditable service to which s. 40.285 (2) (b) 4. applies.

AB40-SA8,127,21 (i) Compliance with the health benefit plan requirements under ss. 632.746 (1) to (8) and (10), 632.747, and 632.748.

AB40-SA8,127,22 (j) Compliance with the insurance requirements under s. 631.95.

AB40-SA8,127,23 (k) The definition of earnings under s. 40.02 (22).

AB40-SA8,127,24 (L) The maximum benefit limitations under s. 40.31

AB40-SA8,127,25 (m) The limitations on contributions under s. 40.32.

AB40-SA8,128,2 (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14).

AB40-SA8,128,4 (o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.

AB40-SA8,128,5 (p) The requirements related to coverage of drugs and devices under s. 632.853.

AB40-SA8,128,6 (q) The requirements related to experimental treatment under s. 632.855.

AB40-SA8,128,8 (r) The requirements under s. 609.10 related to offering a point-of-service option plan.

AB40-SA8,128,11 (s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.

AB40-SA8,128,15 (3) Upon request, the chancellor at each institution, or his or her designee, shall meet and confer with the collective bargaining representative, if any, with regard to any issue that is a permissive subject of bargaining, except when the issue is under active consideration by a governance organization under s. 36.09 (4) or (4m).

AB40-SA8,128,21 111.999 Labor proposals. The board shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

AB40-SA8,129,18 111.9991 Agreements. (1) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 shall, after official ratification by the labor organization, be submitted by the board to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions, or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and that recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB40-SA8,129,19 (2) No portion of any tentative agreement shall become effective separately.

AB40-SA8,129,20 (3) Agreements shall coincide with the fiscal year or biennium.

AB40-SA8,129,22 (4) The negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.

AB40-SA8,129,24 (5) All compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

AB40-SA8,130,5 111.9992 Status of existing benefits and rights. Unless a prohibited subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules governing the salaries, fringe benefits, hours, and conditions of employment apply to each employee, unless otherwise provided in a collective bargaining agreement.

AB40-SA8,130,12 111.9993 Rules, transcripts, fees. (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings under this subchapter. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i).

AB40-SA8,131,12 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.991. 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. 111.993. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.995. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.994. For the performance of commission actions under ss. 111.993, 111.994, and 111.995, 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 an unfair labor practice has been committed under s. 111.991, 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 labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request 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. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).".

AB40-SA8,131,13 70. Page 995, line 7: after that line insert:

AB40-SA8,131,14 " Section 2484c. 118.22 (4) of the statutes is created to read:

AB40-SA8,131,18 118.22 (4) A collective bargaining agreement may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

AB40-SA8, s. 2484e Section 2484e. 118.223 of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB40-SA8, s. 2484g Section 2484g. 118.23 (5) of the statutes is created to read:

AB40-SA8,132,2 118.23 (5) A collective bargaining agreement may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

AB40-SA8, s. 2484k Section 2484k. 118.245 of the statutes, as created by 2011 Wisconsin Act 10, is repealed.".

AB40-SA8,132,5 71. Page 1001, line 5: after that line insert:

AB40-SA8,132,7 " Section 2494d. 118.40 (2r) (b) 3. a. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,132,14 118.40 (2r) (b) 3. a. Delegate to the governing board of the charter school the board of regents' authority to establish and adjust all compensation and fringe benefits of instructional staff, subject to the terms of any collective bargaining agreement under subch. V of ch. 111 that covers the instructional staff. In the absence of a collective bargaining agreement, the governing board may establish and adjust all compensation and fringe benefits of the instructional staff only with the approval of the chancellor of the University of Wisconsin-Parkside.".

AB40-SA8,132,15 72. Page 1002, line 19: after that line insert:

AB40-SA8,132,17 " Section 2507ad. 118.42 (3) (a) 4. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,132,19 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.

AB40-SA8, s. 2507ag Section 2507ag. 118.42 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,132,24 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement.".

AB40-SA8,133,2 73. Page 1045, line 18: delete the material beginning with that line and ending with page 1046, line 3, and substitute:

AB40-SA8,133,4 " Section 2533g. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,133,14 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.".

AB40-SA8,133,15 74. Page 1057, line 6: after that line insert:

AB40-SA8,133,17 " Section 2560g. 120.12 (4m) of the statutes, as created by 2011 Wisconsin Act 10, is repealed.

AB40-SA8, s. 2560m Section 2560m. 120.12 (15) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,134,2 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection does not eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal that is primarily related to wages, hours, or conditions of employment.

AB40-SA8, s. 2560r Section 2560r. 120.18 (1) (gm) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,134,21 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have been required to submit final offers under s. 111.70 (4) (cm) 6., increased costs of wages limited to the lower of the school district's offer or the representative's offer shall be reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into award or settlement under s. 111.70 (4) (cm) 6. between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.".

AB40-SA8,134,22 75. Page 1146, line 3: after that line insert:

AB40-SA8,134,24 " Section 2751d. 230.01 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,135,2 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.".

AB40-SA8,135,3 76. Page 1146, line 4: delete lines 4 to 15 and substitute:

AB40-SA8,135,5 " Section 2751e. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,135,15 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.".

AB40-SA8,135,16 77. Page 1147, line 2: after that line insert:

AB40-SA8,135,18 " Section 2751md. 230.046 (10) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,135,20 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.".

AB40-SA8,135,21 78. Page 1149, line 20: after that line insert:

AB40-SA8,135,23 " Section 2763pm. 230.10 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,136,7 230.10 (1) Except as provided under sub. (2), the compensation plan provisions of s. 230.12 apply to all employees of the classified service. If an employee is covered under a collective bargaining agreement under subch. V of ch. 111, the compensation plan provisions of s. 230.12 apply to that employee, except for those provisions relating to matters that are subject to bargaining under a collective bargaining agreement that covers the employee, unless they are covered by a collective bargaining agreement under subch. V of ch. 111.".

AB40-SA8,136,8 79. Page 1153, line 9: delete lines 9 to 19 and substitute:

AB40-SA8,136,10 " Section 2766g. 230.34 (1) (ar) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,136,19 230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney for a continuous period of 12 months or more, except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit for which a representative is recognized or certified, or for employees specified in s. 111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is certified, if a collective bargaining agreement is in effect covering employees in the collective bargaining unit, the provisions of the collective bargaining agreement govern just cause and all aspects of the appeal procedure.

AB40-SA8, s. 2766j Section 2766j. 230.35 (1s) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,137,4 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), as approved by the chancellor of the University of Wisconsin-Parkside and subject to the terms of any collective bargaining agreement under subch. V of ch. 111 covering the instructional staff.

AB40-SA8, s. 2766k Section 2766k. 230.35 (2d) (e) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,137,10 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.