AB40-SA8,64,424 111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in
25labor disputes involving a collective bargaining unit containing a public safety

1employee
. Such mediation may be carried on by a person designated to act by the
2commission upon request of one or both of the parties or upon initiation of the
3commission. The function of the mediator is to encourage voluntary settlement by
4the parties but no mediator has the power of compulsion.
AB40-SA8, s. 2407bb 5Section 2407bb. 111.70 (4) (c) 1g. of the statutes is created to read:
AB40-SA8,64,76 111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal
7employees who are engaged in law enforcement or fire fighting functions.".
AB40-SA8,64,8 854. Page 975, line 6: delete lines 6 and 7 and substitute:
AB40-SA8,64,10 9" Section 2407dg. 111.70 (4) (c) 2. of the statutes, as affected by 2011 Wisconsin
10Act 10
, is renumbered 111.70 (4) (c) 2. and amended to read:
AB40-SA8,64,1511 111.70 (4) (c) 2. Parties to a dispute pertaining to the meaning or application
12of the terms of a written collective bargaining agreement involving a collective
13bargaining unit containing a public safety employee
may agree in writing to have the
14commission or any other appropriate agency serve as arbitrator or may designate
15any other competent, impartial and disinterested person to so serve.".
AB40-SA8,64,16 1655. Page 975, line 8: after that line insert:
AB40-SA8,64,18 17" Section 2407di. 111.70 (4) (c) 3. (intro.) of the statutes, as affected by 2011
18Wisconsin Act 10
, is amended to read:
AB40-SA8,65,219 111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
20involving a collective bargaining unit containing a public safety employee has not
21been settled after a reasonable period of negotiation and after the settlement
22procedures, if any, established by the parties have been exhausted, and the parties
23are deadlocked with respect to any dispute between them arising in the collective
24bargaining process, either party, or the parties jointly, may petition the commission,

1in writing, to initiate fact-finding, and to make recommendations to resolve the
2deadlock, as follows:
AB40-SA8, s. 2407dj 3Section 2407dj. 111.70 (4) (cm) (title), 1., 2., 3. and 4. of the statutes, as
4affected by 2011 Wisconsin Act 10, are amended to read:
AB40-SA8,65,65 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general
6municipal employees
other personnel.
AB40-SA8,65,167 1. `Notice of commencement of contract negotiations.' For the purpose of
8advising the commission of the commencement of contract negotiations involving a
9collective bargaining unit containing general municipal employees
, whenever either
10party requests the other to reopen negotiations under a binding collective bargaining
11agreement, or the parties otherwise commence negotiations if no such agreement
12exists, the party requesting negotiations shall immediately notify the commission in
13writing. Upon failure of the requesting party to provide such notice, the other party
14may so notify the commission. The notice shall specify the expiration date of the
15existing collective bargaining agreement, if any, and shall set forth any additional
16information the commission may require on a form provided by the commission.
AB40-SA8,65,2417 2. `Presentation of initial proposals; open meetings.' The meetings between
18parties to a collective bargaining agreement or proposed collective bargaining
19agreement under this subchapter that involve a collective bargaining unit
20containing a general municipal employee and that
are held for the purpose of
21presenting initial bargaining proposals, along with supporting rationale, shall be
22open to the public. Each party shall submit its initial bargaining proposals to the
23other party in writing. Failure to comply with this subdivision is not cause to
24invalidate a collective bargaining agreement under this subchapter.
AB40-SA8,66,5
13. `Mediation.' The commission or its designee shall function as mediator in
2labor disputes involving general municipal employees upon request of one or both of
3the parties, or upon initiation of the commission. The function of the mediator shall
4be to encourage voluntary settlement by the parties. No mediator has the power of
5compulsion.
AB40-SA8,66,116 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
7application of the terms of a written collective bargaining agreement involving a
8collective bargaining unit containing a general municipal employee
may agree in
9writing to have the commission or any other appropriate agency serve as arbitrator
10or may designate any other competent, impartial and disinterested person to so
11serve.
AB40-SA8, s. 2407dk 12Section 2407dk. 111.70 (4) (cm) 5. of the statutes is created to read:
AB40-SA8,66,2413 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
14other impasse resolution procedures provided in this paragraph, a municipal
15employer and labor organization may, as a permissive subject of bargaining, agree
16in writing to a dispute settlement procedure, including authorization for a strike by
17municipal employees or binding interest arbitration, that is acceptable to the parties
18for resolving an impasse over terms of any collective bargaining agreement under
19this subchapter. The parties shall file a copy of the agreement with the commission.
20If the parties agree to any form of binding interest arbitration, the arbitrator shall
21give weight to the factors enumerated under subds. 7. and 7g. for a collective
22bargaining unit consisting of municipal employees who are not school district
23employees and under subd. 7r. for a collective bargaining unit consisting of municipal
24employees.
AB40-SA8, s. 2407dL 25Section 2407dL. 111.70 (4) (cm) 6. of the statutes is created to read:
AB40-SA8,67,15
1111.70 (4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
2a dispute relating to any issue has not been settled after a reasonable period of
3negotiation and after mediation by the commission under subd. 3. and other
4settlement procedures, if any, established by the parties have been exhausted, and
5the parties are deadlocked with respect to any dispute between them over wages,
6hours, or conditions of employment to be included in a new collective bargaining
7agreement, either party, or the parties jointly, may petition the commission, in
8writing, to initiate compulsory, final, and binding arbitration, as provided in this
9paragraph. At the time the petition is filed, the petitioning party shall submit in
10writing to the other party and the commission its preliminary final offer containing
11its latest proposals on all issues in dispute. Within 14 calendar days after the date
12of that submission, the other party shall submit in writing its preliminary final offer
13on all disputed issues to the petitioning party and the commission. If a petition is
14filed jointly, both parties shall exchange their preliminary final offers in writing and
15submit copies to the commission at the time the petition is filed.
AB40-SA8,69,516 am. Upon receipt of a petition to initiate arbitration, the commission shall
17investigate, with or without a formal hearing, whether arbitration should be
18commenced. If in determining whether an impasse exists the commission finds that
19the procedures under this paragraph have not been complied with and that the
20compliance would tend to result in a settlement, it may order compliance before
21ordering arbitration. The validity of any arbitration award or collective bargaining
22agreement is not affected by failure to comply with the procedures. Prior to the close
23of the investigation each party shall submit in writing to the commission its single
24final offer containing its final proposals on all issues in dispute that are subject to
25interest arbitration under this subdivision. If a party fails to submit a single,

1ultimate final offer, the commission shall close the investigation based on the last
2written position of the party. Such final offers may include only mandatory subjects
3of bargaining, except that a permissive subject of bargaining may be included by a
4party if the other party does not object and shall then be treated as a mandatory
5subject. No later than such time, the parties shall also submit to the commission a
6stipulation, in writing, with respect to all matters that are agreed upon for inclusion
7in the new or amended collective bargaining agreement. The commission, after
8receiving a report from its investigator and determining that arbitration should be
9commenced, shall issue an order requiring arbitration and immediately submit to
10the parties a list of 7 arbitrators. The parties shall alternately strike names from the
11list until a single name is left, who shall be appointed as arbitrator. The petitioning
12party shall notify the commission in writing of the identity of the arbitrator selected.
13Upon receipt of the notice, the commission shall formally appoint the arbitrator and
14submit to him or her the final offers of the parties. The final offers are public
15documents and shall be available from the commission. In lieu of a single arbitrator
16and upon request of both parties, the commission shall appoint a tripartite
17arbitration panel consisting of one member selected by each of the parties and a
18neutral person designated by the commission who shall serve as a chairperson. An
19arbitration panel has the same powers and duties as provided in this section for any
20other appointed arbitrator, and all arbitration decisions by a panel shall be
21determined by majority vote. In place of selection of the arbitrator by the parties and
22upon request of both parties, the commission shall establish a procedure for
23randomly selecting names of arbitrators. Under the procedure, the commission shall
24submit a list of 7 arbitrators to the parties. Each party shall strike one name from
25the list. From the remaining 5 names, the commission shall randomly appoint an

1arbitrator. Unless both parties to an arbitration proceeding otherwise agree in
2writing, every individual whose name is submitted by the commission for
3appointment as an arbitrator must be a resident of this state at the time of
4submission and every individual who is designated as an arbitration panel
5chairperson must be a resident of this state at the time of designation.
AB40-SA8,69,166 b. The arbitrator shall, within 10 days of his or her appointment, establish a
7date and place for the conduct of the arbitration hearing. Upon petition of at least
85 citizens of the jurisdiction served by the municipal employer, filed within 10 days
9after the date on which the arbitrator is appointed, the arbitrator shall hold a public
10hearing in the jurisdiction to provide the opportunity to both parties to explain or
11present supporting arguments for their positions and to members of the public to
12offer their comments and suggestions. The final offers of the parties, as transmitted
13by the commission to the arbitrator, are the basis for continued negotiations, if any,
14between the parties with respect to the issues in dispute. At any time prior to the
15arbitration hearing, either party, with the consent of the other party, may modify its
16final offer in writing.
AB40-SA8,70,217 c. Prior to the arbitration hearing, either party may, within a time limit
18established by the arbitrator, withdraw its final offer and mutually agreed upon
19modifications, if any, and shall immediately provide written notice of any withdrawal
20to the other party, the arbitrator, and the commission. If both parties withdraw their
21final offers and mutually agreed upon modifications, the labor organization, after
22giving 10 days' written advance notice to the municipal employer and the
23commission, may strike. Unless both parties withdraw their final offers and
24mutually agreed upon modifications, the final offer of neither party is considered

1withdrawn and the arbitrator shall proceed to resolve the dispute by final and
2binding arbitration as provided in this paragraph.
AB40-SA8,70,143 d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
4her own motion or at the request of either party, conduct a meeting open to the public
5to provide the opportunity to both parties to explain or present supporting
6arguments for their complete offer on all matters to be covered by the proposed
7agreement. The arbitrator shall adopt without further modification the final offer
8of one of the parties on all disputed issues submitted under subd. 6. am., except those
9items that the commission determines not to be mandatory subjects of bargaining
10and those items that have not been treated as mandatory subjects by the parties, and
11including any prior modifications of the offer mutually agreed upon by the parties
12under subd. 6. b., which decision is final and binding on both parties and shall be
13incorporated into a written collective bargaining agreement. The arbitrator shall
14serve a copy of his or her decision on both parties and the commission.
AB40-SA8,70,1615 e. Arbitration proceedings may not be interrupted or terminated by reason of
16any prohibited practice complaint filed by either party at any time.
AB40-SA8,70,1817 f. The parties shall equally divide the costs of arbitration. The arbitrator shall
18submit a statement of his or her costs to both parties and to the commission.
AB40-SA8,71,219 g. If a question arises as to whether any proposal made in negotiations by either
20party is a mandatory, permissive, or prohibited subject of bargaining, the
21commission shall determine the issue pursuant to par. (b). If either party to the
22dispute petitions the commission for a declaratory ruling under par. (b), the
23proceedings under subd. 6. c. and d. may not occur until the commission renders a
24decision in the matter and the decision is final. The arbitrator's award shall be made

1in accordance with the commission's ruling, subject to automatic amendment by any
2subsequent court reversal.
AB40-SA8, s. 2407dm 3Section 2407dm. 111.70 (4) (cm) 7. of the statutes is created to read:
AB40-SA8,71,124 111.70 (4) (cm) 7. `Factor given greatest weight.' In making any decision under
5the arbitration procedures authorized by this paragraph, except for any decision
6involving a collective bargaining unit consisting of school district employees, the
7arbitrator or arbitration panel shall consider and shall give the greatest weight to
8any state law or directive lawfully issued by a state legislative or administrative
9officer, body, or agency that limits expenditures that may be made or revenues that
10may be collected by a municipal employer. The arbitrator or arbitration panel shall
11give an accounting of the consideration of this factor in the arbitrator's or panel's
12decision.
AB40-SA8, s. 2407dn 13Section 2407dn. 111.70 (4) (cm) 7g. of the statutes is created to read:
AB40-SA8,71,1914 111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under
15the arbitration procedures authorized by this paragraph, except for any decision
16involving a collective bargaining unit consisting of school district employees, the
17arbitrator or arbitration panel shall consider and shall give greater weight to
18economic conditions in the jurisdiction of the municipal employer than to any of the
19factors specified in subd. 7r.
AB40-SA8, s. 2407dp 20Section 2407dp. 111.70 (4) (cm) 7r. of the statutes is created to read:
AB40-SA8,71,2321 111.70 (4) (cm) 7r. `Other factors considered.' In making any decision under the
22arbitration procedures authorized by this paragraph, the arbitrator or arbitration
23panel shall give weight to the following factors:
AB40-SA8,71,2424 a. The lawful authority of the municipal employer.
AB40-SA8,71,2525 b. Stipulations of the parties.
AB40-SA8,72,2
1c. The interests and welfare of the public and the financial ability of the unit
2of government to meet the costs of any proposed settlement.
AB40-SA8,72,53 d. Comparison of wages, hours, and conditions of employment of the municipal
4employees involved in the arbitration proceedings with the wages, hours, and
5conditions of employment of other employees performing similar services.
AB40-SA8,72,96 e. Comparison of the wages, hours, and conditions of employment of the
7municipal employees involved in the arbitration proceedings with the wages, hours,
8and conditions of employment of other employees generally in public employment in
9the same community and in comparable communities.
AB40-SA8,72,1310 f. Comparison of the wages, hours, and conditions of employment of the
11municipal employees involved in the arbitration proceedings with the wages, hours,
12and conditions of employment of other employees in private employment in the same
13community and in comparable communities.
AB40-SA8,72,1514 g. The average consumer prices for goods and services, commonly known as the
15cost of living.
AB40-SA8,72,1916 h. The overall compensation presently received by the municipal employees,
17including direct wage compensation, vacation, holidays and excused time, insurance
18and pensions, medical and hospitalization benefits, the continuity and stability of
19employment, and all other benefits received.
AB40-SA8,72,2120 i. Changes in any of the foregoing circumstances during the pendency of the
21arbitration proceedings.
AB40-SA8,73,222 j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
23taken into consideration in the determination of wages, hours, and conditions of
24employment through voluntary collective bargaining, mediation, fact-finding,

1arbitration, or otherwise between the parties, in the public service, or in private
2employment.
AB40-SA8, s. 2407dq 3Section 2407dq. 111.70 (4) (cm) 8. of the statutes is created to read:
AB40-SA8,73,64 111.70 (4) (cm) 8. `Rule making.' The commission shall adopt rules for the
5conduct of all arbitration proceedings under subd. 6., including, but not limited to,
6rules for:
AB40-SA8,73,87 a. The appointment of tripartite arbitration panels when requested by the
8parties.
AB40-SA8,73,109 b. The expeditious rendering of arbitration decisions, such as waivers of briefs
10and transcripts.
AB40-SA8,73,1211 c. The removal of individuals who have repeatedly failed to issue timely
12decisions from the commission's list of qualified arbitrators.
AB40-SA8,73,1313 d. Proceedings for the enforcement of arbitration decisions.
AB40-SA8, s. 2407dr 14Section 2407dr. 111.70 (4) (cm) 8m. of the statutes, as affected by 2011
15Wisconsin Act 10
, is amended to read:
AB40-SA8,74,616 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
17the initial collective bargaining agreement between the parties and except as the
18parties otherwise agree
, every collective bargaining agreement covering general
19municipal employees subject to this paragraph shall be for a term of one year and
20may not be extended
2 years, but in no case may a collective bargaining agreement
21for any collective bargaining unit consisting of municipal employees subject to this
22paragraph other than school district employees be for a term exceeding 3 years nor
23may a collective bargaining agreement for any collective bargaining unit consisting
24of school district employees subject to this paragraph be for a term exceeding 4 years
.
25No arbitration award may contain a provision for reopening of negotiations during

1the term of a
collective bargaining agreement covering general municipal employees
2may be reopened for negotiations
, unless both parties agree to reopen the collective
3bargaining agreement. The requirement for agreement by both parties does not
4apply to a provision for reopening of negotiations with respect to any portion of an
5agreement that is declared invalid by a court or administrative agency or rendered
6invalid by the enactment of a law or promulgation of a federal regulation.
AB40-SA8, s. 2407ds 7Section 2407ds. 111.70 (4) (cm) 9. of the statutes is created to read:
AB40-SA8,74,88 111.70 (4) (cm) 9. `Application.'
AB40-SA8,74,99 a. Chapter 788 does not apply to arbitration proceedings under this paragraph.
AB40-SA8,74,1110 b. This paragraph does not apply to labor disputes involving municipal
11employees who are engaged in law enforcement or fire fighting functions.
AB40-SA8, s. 2407dt 12Section 2407dt. 111.70 (4) (d) 2. a. of the statutes, as affected by 2011
13Wisconsin Act 10
, is amended to read:
AB40-SA8,75,2014 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
15bargaining unit for the purpose of collective bargaining and shall whenever possible
16avoid fragmentation by maintaining as few collective bargaining units as practicable
17in keeping with the size of the total municipal workforce. The commission may
18decide whether, in a particular case, the municipal employees in the same or several
19departments, divisions, institutions, crafts, professions, or other occupational
20groupings constitute a collective bargaining unit. Before making its determination,
21the commission may provide an opportunity for the municipal employees concerned
22to determine, by secret ballot, whether they desire to be established as a separate
23collective bargaining unit. The commission may not decide, however, that any group
24of municipal employees constitutes an appropriate collective bargaining unit if the
25group includes both professional employees and nonprofessional employees, unless

1a majority of the professional employees vote for inclusion in the unit. The
2commission may not decide that any group of municipal employees constitutes an
3appropriate collective bargaining unit if the group includes both school district
4employees and general municipal employees who are not school district employees.
5The commission may not decide that any group of municipal employees constitutes
6an appropriate collective bargaining unit if the group includes both public safety
7employees and general municipal employees.
The commission may not decide that
8any group of municipal employees constitutes an appropriate collective bargaining
9unit if the group includes both craft employees and noncraft employees unless a
10majority of the craft employees vote for inclusion in the unit. The commission shall
11place the professional employees who are assigned to perform any services at a
12charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit
13from a unit that includes any other professional employees whenever at least 30%
14of those professional employees request an election to be held to determine that issue
15and a majority of the professional employees at the charter school who cast votes in
16the election decide to be represented in a separate collective bargaining unit. Upon
17the expiration of any collective bargaining agreement in force, the commission shall
18combine into a single collective bargaining unit 2 or more collective bargaining units
19consisting of school district employees if a majority of the employees voting in each
20collective bargaining unit vote to combine.
AB40-SA8, s. 2407du 21Section 2407du. 111.70 (4) (d) 3. a. and c. of the statutes, as affected by 2011
22Wisconsin Act 10
, are consolidated, renumbered 111.70 (4) (d) 3. and amended to
23read:
AB40-SA8,76,724 111.70 (4) (d) 3. Whenever, in a particular case, a question arises concerning
25representation or appropriate unit, calling for a vote, the commission shall certify the

1results in writing to the municipal employer and the labor organization involved and
2to any other interested parties. c. Any ballot used in a representation proceeding
3under this subdivision shall include the names of all persons having an interest in
4representing or the results. The ballot should be so designed as to permit a vote
5against representation by any candidate named on the ballot. The findings of the
6commission, on which a certification is based, shall be conclusive unless reviewed as
7provided by s. 111.07 (8).
AB40-SA8, s. 2407dv 8Section 2407dv. 111.70 (4) (d) 3. b. of the statutes, as created by 2011
9Wisconsin Act 10
, is repealed.".
AB40-SA8,76,10 1056. Page 975, line 18: after that line insert:
AB40-SA8,76,12 11" Section 2408d. 111.70 (4) (L) of the statutes, as affected by 2011 Wisconsin
12Act 10
, is amended to read:
AB40-SA8,76,1713 111.70 (4) (L) Strikes prohibited. Nothing Except as authorized under par. (cm)
145. and 6. c., nothing
contained in this subchapter constitutes a grant of the right to
15strike by any municipal employee or labor organization, and such strikes are hereby
16expressly prohibited. Paragraph (cm) does not authorize any strike after an
17injunction has been issued against such strike under sub. (7m).
AB40-SA8, s. 2408f 18Section 2408f. 111.70 (4) (m) of the statutes is created to read:
AB40-SA8,76,2119 111.70 (4) (m) Prohibited subjects of bargaining; school district municipal
20employers.
In a school district, the municipal employer is prohibited from bargaining
21collectively with respect to:
AB40-SA8,77,322 1. Reassignment of municipal employees who perform services for a board of
23school directors under ch. 119, with or without regard to seniority, as a result of a
24decision of the board of school directors to contract with an individual or group to

1operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school
2to a charter school, or the impact of any such reassignment on the wages, hours, or
3conditions of employment of the municipal employees who perform those services.
AB40-SA8,77,84 2. Reassignment of municipal employees who perform services for a board of
5school directors, with or without regard to seniority, as a result of the decision of the
6board to close or reopen a school under s. 119.18 (23), or the impact of any such
7reassignment on the wages, hours, or conditions of employment of the municipal
8employees who perform those services.
AB40-SA8,77,129 4. Any decision of a board of school directors to contract with a school or agency
10to provide educational programs under s. 119.235, or the impact of any such decision
11on the wages, hours, or conditions of employment of the municipal employees who
12perform services for the board.
AB40-SA8,77,1413 6. Solicitation of sealed bids for the provision of group health care benefits for
14school district employees as provided in s. 120.12 (24).
AB40-SA8, s. 2408h 15Section 2408h. 111.70 (4) (mb) of the statutes, as created by 2011 Wisconsin
16Act 10
, is repealed.
AB40-SA8, s. 2409cn 17Section 2409cn. 111.70 (4) (mc) (intro.) of the statutes, as affected by 2011
18Wisconsin Act 10
, is amended to read:
AB40-SA8,77,2219 111.70 (4) (mc) Prohibited subjects of bargaining; public safety employees.
20(intro.) The municipal employer is prohibited from bargaining collectively with a
21collective bargaining unit containing a public safety employee
with respect to any of
22the following:".
AB40-SA8,77,23 2357. Page 975, line 19: after that line insert:
AB40-SA8,77,24 24" Section 2409ca. 111.70 (4) (mc) 4. of the statutes is created to read:
AB40-SA8,78,3
1111.70 (4) (mc) 4. The judge's authority over the supervisory tasks provided in
2s. 755.10, if the municipal employee is a clerk who is not an employee of a city of the
3first class.".
AB40-SA8,78,4 458. Page 976, line 11: after that line insert:
AB40-SA8,78,5 5" Section 2409da. 111.70 (4) (n) and (o) of the statutes are created to read:
AB40-SA8,78,116 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition
7to any subject of bargaining on which the municipal employer is required to bargain
8under sub. (1) (a), the municipal employer is required to bargain collectively with
9respect to time spent during the school day, separate from pupil contact time, to
10prepare lessons, labs, or educational materials, to confer or collaborate with other
11staff, or to complete administrative duties.
AB40-SA8,78,1512 (o) Mandatory subjects of bargaining. In a school district, in addition to any
13subject of bargaining on which the municipal employer is required to bargain under
14sub. (1) (a), the municipal employer is required to bargain collectively with respect
15to the development of or any changes to a teacher evaluation plan under s. 118.225.
AB40-SA8, s. 2409db 16Section 2409db. 111.70 (4) (p) of the statutes, as affected by 2011 Wisconsin
17Act 10
, is amended to read:
AB40-SA8,78,2318 111.70 (4) (p) Permissive subjects of collective bargaining; public safety
19employees
. A municipal employer is not required to bargain with public safety
20employees
on subjects reserved to management and direction of the governmental
21unit except insofar as the manner of exercise of such functions affects the wages,
22hours, and conditions of employment of the public safety municipal employees in a
23collective bargaining unit.
AB40-SA8, s. 2409de 24Section 2409de. 111.70 (7) of the statutes is created to read:
AB40-SA8,79,8
1111.70 (7) Penalty for striker. (a) Whoever violates sub. (4) (L) after an
2injunction against such a strike has been issued shall be fined $10. After the
3injunction has been issued, any employee who is absent from work because of
4purported illness shall be presumed to be on strike unless the illness is verified by
5a written report from a physician to the employer. Each day of continued violation
6constitutes a separate offense. The court shall order that any fine imposed under this
7subsection be paid by means of a salary deduction at a rate to be determined by the
8court.
AB40-SA8,79,109 (b) This subsection applies only to municipal employees who are engaged in law
10enforcement or fire fighting functions.
AB40-SA8, s. 2409df 11Section 2409df. 111.70 (7m) (b) of the statutes is created to read:
AB40-SA8,79,2312 111.70 (7m) (b) Injunction; threat to public health or safety. At any time after
13a labor organization gives advance notice of a strike under sub. (4) (cm) which is
14expressly authorized under sub. (4) (cm), the municipal employer or any citizen
15directly affected by the strike may petition the circuit court to enjoin the strike. If
16the court finds that the strike poses an imminent threat to the public health or safety,
17the court shall, within 48 hours after the receipt of the petition but after notice to the
18parties and after holding a hearing, issue an order immediately enjoining the strike,
19and in addition shall order the parties to submit a new final offer on all disputed
20issues to the commission for final and binding arbitration as provided in sub. (4) (cm).
21The commission, upon receipt of the final offers of the parties, shall transmit them
22to the arbitrator or a successor designated by the commission. The arbitrator shall
23omit preliminary steps and shall commence immediately to arbitrate the dispute.
AB40-SA8, s. 2409dg 24Section 2409dg. 111.70 (7m) (c) 1. a. of the statutes, as affected by 2011
25Wisconsin Act 10
, is amended to read:
AB40-SA8,80,8
1111.70 (7m) (c) 1. a. Any labor organization that represents public safety
2employees which
violates sub. (4) (L) may not collect any dues under a collective
3bargaining agreement or under a fair-share agreement from any public safety
4municipal employee covered by either agreement for a period of one year. At the end
5of the period of suspension, any such agreement shall be reinstated unless the labor
6organization is no longer authorized to represent the public safety municipal
7employees covered by the collective bargaining agreement or fair-share agreement
8or the agreement is no longer in effect.
AB40-SA8, s. 2409dh 9Section 2409dh. 111.70 (7m) (c) 3. of the statutes is created to read:
AB40-SA8,80,1410 111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
11otherwise participates in a strike after the issuance of any final and binding
12arbitration award or decision under sub. (4) (cm) and prior to the end of the term of
13the agreement which the award or decision amends or creates shall forfeit not less
14than $15. Each day of continued violation constitutes a separate offense.
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