Amendment SA36-AB40

AB40-SA36,104,10 111.81 (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AB40-SA36,183 Section 183. 111.81 (9g) of the statutes is repealed.

AB40-SA36,184 Section 184. 111.81 (9k) of the statutes is created to read:

AB40-SA36,104,14 111.81 (9k) "Home care provider" means a qualified provider under s. 46.2898 (1) (f).

AB40-SA36,185 Section 185. 111.81 (12) (intro.) of the statutes is amended to read:

AB40-SA36,104,20 111.81 (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-SA36,186 Section 186. 111.81 (12m) of the statutes is amended to read:

AB40-SA36,105,4 111.81 (12m) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing public safety employees or supervisors specified in s. 111.825 (5) which requires that all of the public safety employees or supervisors whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement, and that dues shall be deducted from the earnings of all public safety employees or supervisors who are hired on or after the effective date of the agreement.

AB40-SA36,187 Section 187. 111.81 (15r) of the statutes is repealed.

AB40-SA36,188 Section 188. 111.81 (16) of the statutes is amended to read:

AB40-SA36,105,11 111.81 (16) "Referendum" means a proceeding conducted by the commission in which public safety employees, or supervisors specified in s. 111.825 (5), in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

AB40-SA36,189 Section 189. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 111.815 (1) (a) and amended to read:

AB40-SA36,105,24 111.815 (1) (a) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements, except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements.

AB40-SA36,106,6 (b) 1. Except with respect to the collective bargaining unit specified in s. 111.825 (1r), (1t),, and (2g), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action.

AB40-SA36,106,9 2. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter.

AB40-SA36,106,12 3. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter.

AB40-SA36,106,15 4. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter.

AB40-SA36,190 Section 190. 111.815 (1) (b) 5. of the statutes is created to read:

AB40-SA36,106,19 111.815 (1) (b) 5. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

AB40-SA36,191 Section 191. 111.815 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,107,3 111.815 (2) The In the furtherance of the policy under s. 111.80 (4), the director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining unit units specified in s. 111.825 (1r), (1t), and (2g). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

AB40-SA36,192 Section 192. 111.82 of the statutes is amended to read:

AB40-SA36,107,11 111.82 Rights of employees. Employees have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any or all of such activities. A general employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit.

AB40-SA36,193 Section 193. 111.825 (1) (g) of the statutes is repealed.

AB40-SA36,194 Section 194. 111.825 (2g) of the statutes is created to read:

AB40-SA36,107,15 111.825 (2g) A collective bargaining unit for employees who are home care providers shall be structured as a single statewide collective bargaining unit.

AB40-SA36,195 Section 195. 111.825 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,107,19 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1r), (1t), and (2), and (2g).

AB40-SA36,196 Section 196. 111.825 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,108,4 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1) , (1r), (1t), or (2), or (2g) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.

AB40-SA36,197 Section 197. 111.825 (5) of the statutes is amended to read:

AB40-SA36,108,17 111.825 (5) Although supervisors are not considered employees for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employees. For purposes of this subsection, affiliation does not include membership in a national, state, county or municipal federation of national or international labor organizations. The certified representative of supervisors who are not public safety employees may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (3), and the certified representative of supervisors who are public safety employees may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (1).

AB40-SA36,198 Section 198. 111.825 (6) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 111.825 (6).

AB40-SA36,199 Section 199. 111.825 (6) (b) of the statutes is repealed.

AB40-SA36,200 Section 200. 111.83 (1) of the statutes is amended to read:

AB40-SA36,109,7 111.83 (1) Except as provided in sub. subs. (5) and (5m), a representative chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with said employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

AB40-SA36,201 Section 201. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).

AB40-SA36,202 Section 202. 111.83 (3) (b) of the statutes is repealed.

AB40-SA36,203 Section 203. 111.83 (4) of the statutes is amended to read:

AB40-SA36,109,19 111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, if requested by any party to the proceeding within 30 days from the date of the certification of the results of the election, conduct a runoff election. In that runoff election, the commission shall drop from the ballot the name of the representative who received the least number of votes at the original election. The commission shall drop from the ballot the privilege of voting against any representative if the least number of votes cast at the first election was against representation by any named representative.

AB40-SA36,204 Section 204. 111.83 (5m) of the statutes is created to read:

AB40-SA36,109,22 111.83 (5m) (a) This subsection applies only to a collective bargaining unit specified in s. 111.825 (2g).

AB40-SA36,109,25 (am) 1. Subject to subd. 2., the department of health services shall provide a labor organization with the list of home care providers provided to the department of health services under s. 52.20 (5) if any of the following applies:

AB40-SA36,110,3 a. The labor organization demonstrates a showing of interest of at least 3 percent of home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by that labor organization.

AB40-SA36,110,5 b. The labor organization is a certified representative of any home care providers in this state.

AB40-SA36,110,7 c. The labor organization was a certified representative of any home care providers in this state prior to July 1, 2009.

AB40-SA36,110,10 2. A labor organization shall agree to use any list it receives under subd. 1. only for communicating with home care providers concerning the exercise of their rights under s. 111.82 and shall agree to keep the list confidential.

AB40-SA36,110,21 (b) Upon the filing of a petition with the commission indicating a showing of interest of at least 30 percent of the home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to change the existing representative, the commission shall hold an election in which the home care providers may vote on the question of representation. The labor organization named in the petition shall be included on the ballot. Within 60 days of the time that the petition is filed, another petition may be filed with the commission indicating a showing of interest of at least 10 percent of the home care providers who are included in the collective bargaining unit under s. 111.825 (2g) to be represented by another labor organization, in which case the name of that labor organization shall also be included on the ballot.

AB40-SA36,111,2 (c) If at an election held under par. (b), a majority of home care providers voting in the collective bargaining unit vote for a single labor organization, the labor organization shall be the exclusive representative for all home care providers in that collective bargaining unit. If no single labor organization receives a majority of the votes cast, the commission may hold one or more runoff elections under sub. (4) until one labor organization receives a majority of the votes cast.

AB40-SA36,205 Section 205. 111.84 (1) (b) of the statutes is amended to read:

AB40-SA36,111,21 111.84 (1) (b) Except as otherwise provided in this paragraph, to initiate, create, dominate or interfere with the formation or administration of any labor or employee organization or contribute financial support to it. Except as provided in ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin retirement system under ch. 40 and no action by the employer that is authorized by such a law constitutes a violation of this paragraph unless an applicable collective bargaining agreement covering a collective bargaining unit under s. 111.825 (1) (g) specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively with a collective bargaining unit under s. 111.825 (1) (g) regarding the Wisconsin retirement system under ch. 40 to the extent required by s. 111.91 (1). It is not an unfair labor practice for the employer to reimburse an employee at his or her prevailing wage rate for the time spent during the employee's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter. Professional supervisory or craft personnel may maintain membership in professional or craft organizations; however, as members of such organizations they shall be prohibited from those activities related to collective bargaining in which the organizations may engage.

AB40-SA36,206 Section 206. 111.84 (1) (d) of the statutes is amended to read:

AB40-SA36,112,7 111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with a representative of a majority of its employees in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-SA36,207 Section 207. 111.84 (1) (f) of the statutes is amended to read:

AB40-SA36,112,17 111.84 (1) (f) To deduct labor organization dues from the an employee's earnings of a public safety employee, unless the employer has been presented with an individual order therefor, signed by the public safety employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

AB40-SA36,208 Section 208. 111.84 (2) (c) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,113,2 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (ar) to (f) (g) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-SA36,209 Section 209. 111.84 (3) of the statutes is amended to read:

AB40-SA36,113,7 111.84 (3) It is an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by sub. subs. (1) or and (2).

AB40-SA36,210 Section 210. 111.845 of the statutes is repealed.

AB40-SA36,211 Section 211. 111.85 (1), (2) and (4) of the statutes are amended to read:

AB40-SA36,113,18 111.85 (1) (a) No fair-share or maintenance of membership agreement covering public safety employees may become is effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30% 30 percent of the public safety employees or supervisors specified in s. 111.825 (5) in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.

AB40-SA36,114,2 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible public safety employees or supervisors voting in a referendum shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible public safety employees or supervisors voting in a referendum shall must vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible public safety employees or supervisors vote in favor of the agreement, a maintenance of membership agreement is authorized.

AB40-SA36,114,16 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement shall contain a provision requiring require the employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employees or supervisors affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take takes effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety employees or supervisors or local labor organizations which may arise for actions taken by the employer takes in compliance with this section. All such lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB40-SA36,114,23 (d) Under each fair-share or maintenance of membership agreement, a public safety an employee or supervisor who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on may request to the labor organization, have to pay his or her dues paid to a charity mutually agreed upon by the public safety employee or supervisor and the labor organization. Any dispute concerning under this paragraph may be submitted to the commission for adjudication.

AB40-SA36,115,14 (2) (a) Once authorized, a fair-share or maintenance of membership agreement covering public safety employees shall continue is in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30% 30 percent of the public safety employees or supervisors in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees or supervisors required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated terminates at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB40-SA36,115,23 (b) The commission shall declare suspend any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, or creed to receive as a member any public safety employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee or supervisor covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB40-SA36,116,3 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose public safety employees are entitled to vote in a referendum to conduct a referendum provided for herein.

AB40-SA36,212 Section 212. 111.905 of the statutes is created to read:

AB40-SA36,116,7 111.905 Rights of consumer. (1) This subchapter does not interfere with the rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise, or discipline home care providers or to set conditions and duties of employment.

AB40-SA36,116,9 (2) A home care provider is an at will provider of home care services to a consumer, and this subchapter does not interfere with that relationship.

AB40-SA36,213 Section 213. 111.91 (1) (a) of the statutes is amended to read:

AB40-SA36,116,19 111.91 (1) (a) Except as provided in pars. (b) to (d), with regard to a collective bargaining unit under s. 111.825 (1) (g) (e), matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified public safety employees to duties of a higher classification or downward reallocations of a classified public safety employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.

AB40-SA36,214 Section 214. 111.91 (1) (b) of the statutes is amended to read:

AB40-SA36,116,25 111.91 (1) (b) The employer is not required to bargain with a collective bargaining unit under s. 111.825 (1) (g) on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of bargaining.

AB40-SA36,215 Section 215. 111.91 (1) (c) of the statutes is amended to read:

AB40-SA36,117,3 111.91 (1) (c) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).

AB40-SA36,216 Section 216. 111.91 (1) (cg) of the statutes is created to read:

AB40-SA36,117,7 111.91 (1) (cg) The representative of home care providers in the collective bargaining unit specified under s. 111.825 (2g) may not bargain collectively with respect to any matter other than wages and fringe benefits.

AB40-SA36,217 Section 217. 111.91 (1) (cm) of the statutes is amended to read:

AB40-SA36,117,14 111.91 (1) (cm) Except as provided in sub. (2) 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 employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to the public safety employees.

AB40-SA36,218 Section 218. 111.91 (1) (d) of the statutes is amended to read:

AB40-SA36,117,18 111.91 (1) (d) In the case of a collective bargaining unit under s. 111.825 (1) (g), demands Demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.

AB40-SA36,219 Section 219. 111.91 (1) (e) of the statutes is created to read:

AB40-SA36,117,21 111.91 (1) (e) The employer is not be required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

AB40-SA36,220 Section 220. 111.91 (2) (intro.) of the statutes is amended to read:

AB40-SA36,117,24 111.91 (2) (intro.) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) with respect to all of the following:

AB40-SA36,221 Section 221. 111.91 (2) (fm) of the statutes is repealed.

AB40-SA36,222 Section 222. 111.91 (2) (gu) of the statutes is amended to read: