AB40-SA36,99
14Section
99. 111.06 (1) (c) 1. of the statutes is amended to read:
AB40-SA36,71,1815
111.06
(1) (c) 1. To encourage or discourage membership in any labor
16organization, employee agency, committee, association
, or representation plan by
17discrimination in regard to hiring, tenure
, or other terms or conditions of
18employment except in a collective bargaining unit where an all-union
, fair-share,
19or maintenance of membership agreement is in effect.
An employer may enter into
20an all-union agreement with the voluntarily recognized representative of the
21employees in a collective bargaining unit, where at least a majority of such employees
22voting have voted affirmatively, by secret ballot, in favor of the all-union agreement
23in a referendum conducted by the commission, except that where the bargaining
24representative has been certified by either the commission or the national labor
25relations board as the result of a representation election, no referendum is required
1to authorize the entry into an all-union agreement. An authorization of an all-union
2agreement continues, subject to the right of either party to the all-union agreement
3to petition the commission to conduct a new referendum on the subject. Upon receipt
4of the petition, if the commission determines there is reasonable ground to believe
5that the employees concerned have changed their attitude toward the all-union
6agreement, the commission shall conduct a referendum. If the continuance of the
7all-union agreement is supported on a referendum by a vote at least equal to that
8provided in this subdivision for its initial authorization, it may continue, subject to
9the right to petition for a further vote by the procedure under this subdivision. If the
10continuance of the all-union agreement is not supported on a referendum, it
11terminates at the expiration of the contract of which it is then a part or at the end
12of one year from the date of the announcement by the commission of the result of the
13referendum, whichever is earlier. The commission shall declare any all-union
14agreement terminated whenever it finds that the labor organization involved has
15unreasonably refused to receive as a member any employee of such employer. An
16interested person may, as provided in s. 111.07, request the commission to perform
17this duty. Any all-union agreement in effect on October 4, 1975, made in accordance
18with the law in effect at the time it is made is valid.
AB40-SA36,100
19Section
100. 111.06 (1) (d) of the statutes is amended to read:
AB40-SA36,72,220
111.06
(1) (d) To refuse to bargain collectively with the representative of a
21majority of the employer's employees in any collective bargaining unit with respect
22to representation or terms and conditions of employment,
except as provided under
23ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with
24the commission a petition requesting a determination as to majority representation,
25the employer
shall not be deemed to have has not refused to bargain until an election
1has been held and the
commission has certified the result
thereof has been certified 2to the employer
by the commission.
AB40-SA36,101
3Section
101. 111.06 (1) (i) of the statutes is amended to read:
AB40-SA36,72,104
111.06
(1) (i) To deduct labor organization dues or assessments from an
5employee's earnings, unless the employer has been presented with an individual
6order
therefor, signed by the employee personally, and terminable at the end of any
7year of its life by the employee giving at least thirty days' written notice of
such the 8termination unless there is an all-union
fair-share, or maintenance of membership 9agreement in effect. The employer shall give notice to the labor organization of
10receipt of
such a notice of termination.
AB40-SA36,102
11Section
102. 111.06 (1) (m) of the statutes is created to read:
AB40-SA36,72,1312
111.06
(1) (m) To fail to give the notice of intention to engage in a lockout
13provided in s. 111.115 (2).
AB40-SA36,103
14Section
103. 111.06 (2) (i) of the statutes is amended to read:
AB40-SA36,72,1615
111.06
(2) (i) To fail to give the notice of intention to engage in a strike provided
16in s. 111.115
(2) or (3).
AB40-SA36,104
17Section
104. 111.075 of the statutes is created to read:
AB40-SA36,72,25
18111.075 Fair-share and maintenance of membership agreements. (1)
19(a) No fair-share or maintenance of membership agreement is effective unless
20authorized by a referendum. The commission shall order a referendum whenever it
21receives a petition supported by proof that at least 30 percent of the employees in a
22collective bargaining unit desire that a fair-share or maintenance of membership
23agreement be entered into between the employer and a labor organization. If the
24petition requests a referendum on a maintenance of membership agreement only, the
25ballot shall be limited to that question.
AB40-SA36,73,7
1(b) For a fair-share agreement to be authorized, at least two-thirds of the
2eligible employees voting in a referendum must vote for the agreement. For a
3maintenance of membership agreement to be authorized, at least a majority of the
4eligible employees voting in a referendum must vote for the agreement. In a
5referendum on a fair-share agreement, if less than two-thirds but more than
6one-half of the eligible employees vote for the agreement, a maintenance of
7membership agreement is authorized.
AB40-SA36,73,218
(c) If a fair-share or maintenance of membership agreement is authorized
9under par. (b), the employer shall enter into a fair-share or maintenance of
10membership agreement with the labor organization named on the ballot in the
11referendum. Each fair-share or maintenance of membership agreement must
12require the employer to deduct the amount of dues as certified by the labor
13organization from the earnings of the employees affected by the agreement and to
14pay the amount deducted to the labor organization. Unless the parties agree to an
15earlier date, the agreement takes effect 60 days after certification by the commission
16that the referendum vote authorized the agreement. The employer shall be held
17harmless against any claims, demands, suits, and other forms of liability made by
18employees or local labor organizations which may arise for actions the employer
19takes in compliance with this section. All lawful claims, demands, suits, and other
20forms of liability are the responsibility of the labor organization entering into the
21agreement.
AB40-SA36,74,222
(d) Under each fair-share or maintenance of membership agreement, an
23employee who has religious convictions against dues payments to a labor
24organization may request the labor organization to pay his or her dues to a charity
1mutually agreed upon by the employee and the labor organization. Any dispute
2under this paragraph may be submitted to the commission for adjudication.
AB40-SA36,74,16
3(2) (a) Once authorized, a fair-share or maintenance of membership
4agreement continues, subject to the right of the employer or labor organization
5concerned to petition the commission to conduct a new referendum. If the
6commission receives a petition and finds that at least 30 percent of the employees in
7the collective bargaining unit want to discontinue the fair-share or maintenance of
8membership agreement, the commission shall conduct a new referendum. If the
9continuance of the fair-share or maintenance of membership agreement is approved
10in the referendum by at least the percentage of eligible voting employees required
11for its initial authorization, it shall continue, subject to the right of the employer or
12labor organization to later initiate a further vote following the procedure prescribed
13in this subsection. If the continuation of the agreement is not supported in any
14referendum, it terminates at the expiration of the collective bargaining agreement,
15or one year from the date of the certification of the result of the referendum,
16whichever is earlier.
AB40-SA36,74,2417
(b) The commission shall suspend any fair-share or maintenance of
18membership agreement upon such conditions and for such time as the commission
19decides whenever it finds that the labor organization involved has refused on the
20basis of race, color, sexual orientation, or creed to receive as a member any employee
21in the collective bargaining unit involved, and the agreement shall be subject to the
22findings and orders of the commission. Any of the parties to the agreement, or any
23employee covered thereby, may come before the commission, as provided in s. 111.07,
24and petition the commission to make such a finding.
AB40-SA36,75,3
1(3) A stipulation for a referendum executed by an employer and a labor
2organization may not be filed until after the representation election has been held
3and the results certified.
AB40-SA36,75,6
4(4) The commission may, under rules adopted for that purpose, appoint as its
5agent an official of the University of Wisconsin Hospitals and Clinics Authority to
6conduct the referenda provided for in this section.
AB40-SA36,75,8
7(5) This section applies only in collective bargaining units comprised of
8employees of the University of Wisconsin Hospitals and Clinics Authority.
AB40-SA36,105
9Section
105. 111.115 (title) of the statutes is amended to read:
AB40-SA36,75,10
10111.115 (title)
Notice of certain proposed
lockouts or strikes.
AB40-SA36,106
11Section
106. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and
12amended to read:
AB40-SA36,75,1313
111.115
(1) (intro.) In this
section, "strike" subsection:
AB40-SA36,75,17
14(b) "Strike" includes any concerted stoppage of work by employees,
and any
15concerted slowdown or other concerted interruption of operations or services by
16employees, or any concerted refusal of employees to work or perform their usual
17duties as employees, for the purpose of enforcing demands upon an employer.
AB40-SA36,107
18Section
107. 111.115 (1) (a) of the statutes is created to read:
AB40-SA36,75,2419
111.115
(1) (a) "Lockout" means the barring of any employee from employment
20in an establishment by an employer as a part of a labor dispute, which is not directly
21subsequent to a strike or other job action of a labor organization or group of
22employees of the employer, or which continues or occurs after the termination of a
23strike or other job action of a labor organization or group of employees of the
24employer.
AB40-SA36,108
25Section
108. 111.115 (2) of the statutes is created to read:
AB40-SA36,76,8
1111.115
(2) If no collective bargaining agreement is in effect between the
2University of Wisconsin Hospitals and Clinics Authority and the recognized or
3certified representative of employees of that authority in a collective bargaining unit,
4the employer may not engage in a lockout affecting employees in that collective
5bargaining unit without first giving 10 days' written notice to the representative of
6its intention to engage in a lockout, and the representative may not engage in a strike
7without first giving 10 days' written notice to the employer of its intention to engage
8in a strike.
AB40-SA36,109
9Section
109. 111.17 of the statutes is renumbered 111.17 (intro.) and amended
10to read:
AB40-SA36,76,13
11111.17 Conflict of provisions; effect. (intro.) Wherever the application of
12the provisions of other statutes or laws conflict with the application of the provisions
13of this subchapter, this subchapter shall prevail, except
that in for the following:
AB40-SA36,76,15
14(1) In any situation
where in which the provisions of this subchapter cannot
15be validly enforced the provisions of such other statutes or laws
shall apply.
AB40-SA36,110
16Section
110. 111.17 (2) of the statutes is created to read:
AB40-SA36,77,217
111.17
(2) All fringe benefits authorized or required to be provided by the
18University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
1940 shall be governed exclusively by ch. 40, except that if any provision of ch. 40
20specifically permits a collective bargaining agreement under this subchapter to
21govern the eligibility for or the application, cost, or terms of a fringe benefit under
22ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe
23benefit under ch. 40 shall be governed by a collective bargaining agreement under
24this subchapter, such a provision in a collective bargaining agreement supersedes
25any provision of ch. 40 with respect to the employees to whom the agreement applies.
1The employer is prohibited from engaging in collective bargaining concerning any
2matter governed exclusively by ch. 40 under this subsection.
AB40-SA36,111
3Section
111. 111.70 (1) (a) of the statutes is amended to read:
AB40-SA36,77,184
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
5obligation of a municipal employer, through its officers and agents, and the
6representative of its municipal employees in a collective bargaining unit, to meet and
7confer at reasonable times, in good faith, with the intention of reaching an
8agreement, or to resolve questions arising under such an agreement, with respect to
9wages, hours, and conditions of employment
for public safety employees or transit
10employees and with respect to wages for general municipal employees, and with
11respect to a requirement of the municipal employer for a municipal employee to
12perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
13(2e)
and for a school district with respect to any matter under sub. (4) (n), except as
14provided in
sub. subs. (3m), (3p), and (4)
(mb) (m) and (mc) and s. 40.81 (3) and except
15that a municipal employer shall not meet and confer with respect to any proposal to
16diminish or abridge the rights guaranteed to any
public safety municipal employees
17under ch. 164. Collective bargaining includes the reduction of any agreement
18reached to a written and signed document.
AB40-SA36,112
19Section
112. 111.70 (1) (cm) of the statutes is repealed.
AB40-SA36,113
20Section
113. 111.70 (1) (f) of the statutes is amended to read:
AB40-SA36,78,221
111.70
(1) (f) "Fair-share agreement" means an agreement between a
22municipal employer and a labor organization
that represents public safety
23employees or transit employees under which all or any of the
public safety municipal 24employees
or transit employees in the collective bargaining unit are required to pay
1their proportionate share of the cost of the collective bargaining process and contract
2administration measured by the amount of dues uniformly required of all members.
AB40-SA36,114
3Section
114. 111.70 (1) (fm) of the statutes is repealed.
AB40-SA36,115
4Section
115. 111.70 (1) (j) of the statutes is amended to read:
AB40-SA36,78,125
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
6metropolitan sewerage district, school district, long-term care district,
transit
7authority under s. 59.58 (7) or 66.1039, local cultural arts district created under
8subch. V of ch. 229, or any other political subdivision of the state, or instrumentality
9of one or more political subdivisions of the state, that engages the services of an
10employee and includes any person acting on behalf of a municipal employer within
11the scope of the person's authority, express or implied
, but does not include a local
12cultural arts district created under subch. V of ch. 229.
AB40-SA36,116
13Section
116. 111.70 (1) (mm) of the statutes is repealed.
AB40-SA36,117
14Section
117. 111.70 (1) (n) of the statutes is amended to read:
AB40-SA36,78,1815
111.70
(1) (n) "Referendum" means a proceeding conducted by the commission
16in which
public safety employees or transit municipal employees in a collective
17bargaining unit may cast a secret ballot on the question of authorizing a labor
18organization and the employer to continue a fair-share agreement.
AB40-SA36,118
19Section
118. 111.70 (1) (p) of the statutes is repealed.
AB40-SA36,119
20Section
119. 111.70 (1g) of the statutes is created to read:
AB40-SA36,79,321
111.70
(1g) Declaration of policy. (a) The public policy of the state as to labor
22disputes arising in municipal employment is to encourage voluntary settlement
23through the procedures of collective bargaining. Accordingly, it is in the public
24interest that municipal employees so desiring be given an opportunity to bargain
25collectively with the municipal employer through a labor organization or other
1representative of the employees' own choice. If such procedures fail, the parties
2should have available to them a fair, speedy, effective and, above all, peaceful
3procedure for settlement as provided in this subchapter.
AB40-SA36,79,94
(b) In creating this subchapter the legislature recognizes that the municipal
5employer must exercise its powers and responsibilities to act for the government and
6good order of the jurisdiction which it serves, its commercial benefit and the health,
7safety, and welfare of the public to assure orderly operations and functions within its
8jurisdiction, subject to those rights secured to municipal employees by the
9constitutions of this state and of the United States and by this subchapter.
AB40-SA36,120
10Section
120. 111.70 (2) of the statutes is amended to read:
AB40-SA36,80,1311
111.70
(2) Rights of municipal employees. Municipal employees have the right
12of self-organization, and the right to form, join, or assist labor organizations, to
13bargain collectively through representatives of their own choosing, and to engage in
14lawful, concerted activities for the purpose of collective bargaining or other mutual
15aid or protection. Municipal employees have the right to refrain from any and all
16such activities
. A general municipal employee has the right to refrain from paying
17dues while remaining a member of a collective bargaining unit. A public safety
18employee or a transit employee, however,
except that an employee may be required
19to pay dues in the manner provided in a fair-share agreement; a fair-share
20agreement
covering a public safety employee or a transit employee must
contain a
21provision requiring require the municipal employer to deduct the amount of dues as
22certified by the labor organization from the earnings of the employee affected by the
23fair-share agreement and to pay the amount deducted to the labor organization. A
24fair-share agreement
covering a public safety employee or transit employee is
25subject to the right of the municipal employer or a labor organization to petition the
1commission to conduct a referendum. Such petition must be supported by proof that
2at least 30% of the employees in the collective bargaining unit desire that the
3fair-share agreement be terminated. Upon so finding, the commission shall conduct
4a referendum. If the continuation of the agreement is not supported by at least the
5majority of the eligible employees, it shall terminate. The commission shall
declare 6suspend any fair-share agreement
suspended upon such conditions and for such
7time as the commission decides whenever it finds that the labor organization
8involved has refused on the basis of race, color, sexual orientation, creed, or sex to
9receive as a member any
public safety employee or transit employee of the municipal
10employer in the bargaining unit involved, and such agreement is subject to this duty
11of the commission. Any of the parties to such agreement or any
public safety
12employee or transit municipal employee covered by the agreement may come before
13the commission, as provided in s. 111.07, and ask the performance of this duty.
AB40-SA36,121
14Section
121. 111.70 (3) (a) 3. of the statutes is amended to read:
AB40-SA36,80,1815
111.70
(3) (a) 3. To encourage or discourage a membership in any labor
16organization by discrimination in regard to hiring, tenure, or other terms or
17conditions of employment; but the prohibition shall not apply to a fair-share
18agreement
that covers public safety employees or transit employees.
AB40-SA36,122
19Section
122. 111.70 (3) (a) 5. of the statutes is amended to read:
AB40-SA36,81,320
111.70
(3) (a) 5. To violate any collective bargaining agreement previously
21agreed upon by the parties with respect to wages, hours and conditions of
22employment affecting
public safety employees or transit municipal employees,
23including an agreement to arbitrate questions arising as to the meaning or
24application of the terms of a collective bargaining agreement or to accept the terms
25of such arbitration award, where previously the parties have agreed to accept such
1award as final and binding upon them
or to violate any collective bargaining
2agreement affecting general municipal employees, that was previously agreed upon
3by the parties with respect to wages.
AB40-SA36,123
4Section
123. 111.70 (3) (a) 6. of the statutes is amended to read:
AB40-SA36,81,115
111.70
(3) (a) 6. To deduct labor organization dues from the earnings of a
public
6safety employee or a transit municipal employee, unless the municipal employer has
7been presented with an individual order therefor, signed by the employee personally,
8and terminable by at least the end of any year of its life or earlier by the
public safety
9employee or transit municipal employee giving at least 30 days' written notice of
such 10termination to the municipal employer and to the representative organization,
11except when a fair-share agreement is in effect.
AB40-SA36,124
12Section
124. 111.70 (3) (a) 7. of the statutes is created to read:
AB40-SA36,81,1413
111.70
(3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
14lawfully made under sub. (4) (cm).
AB40-SA36,125
15Section
125. 111.70 (3) (a) 7m. of the statutes is repealed.
AB40-SA36,126
16Section
126. 111.70 (3) (a) 9. of the statutes is amended to read:
AB40-SA36,81,2017
111.70
(3) (a) 9.
If the collective bargaining unit contains a public safety
18employee or transit employee, after After a collective bargaining agreement expires
19and before another collective bargaining agreement takes effect, to fail to follow any
20fair-share agreement in the expired collective bargaining agreement.
AB40-SA36,127
21Section
127. 111.70 (3) (b) 6. of the statutes is created to read:
AB40-SA36,81,2322
111.70
(3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
23lawfully made under sub. (4) (cm).
AB40-SA36,128
24Section
128. 111.70 (3) (b) 6m. of the statutes is repealed.
AB40-SA36,129
25Section
129. 111.70 (3g) of the statutes is repealed.
AB40-SA36,130
1Section
130. 111.70 (3m) of the statutes is created to read:
AB40-SA36,82,72
111.70
(3m) Milwaukee County enrollment services unit. A collective
3bargaining agreement that covers municipal employees performing services for the
4Milwaukee County enrollment services unit under s. 49.825 must contain a provision
5that permits the terms of the agreement to be modified with respect to hours and
6conditions of employment by a memorandum of understanding under s. 49.825 (3)
7(b) 4.
AB40-SA36,131
8Section
131. 111.70 (3p) of the statutes is created to read:
AB40-SA36,82,139
111.70
(3p) Child care provider services unit. A collective bargaining
10agreement that covers municipal employees performing services for the child care
11provider services unit under s. 49.826 must contain a provision that permits the
12terms of the agreement to be modified with respect to hours and conditions of
13employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
AB40-SA36,132
14Section
132. 111.70 (4) (bm) of the statutes is repealed.
AB40-SA36,133
15Section
133. 111.70 (4) (c) (title) of the statutes is amended to read:
AB40-SA36,82,1716
111.70
(4) (c) (title)
Methods for peaceful settlement of disputes; public safety
17employees law enforcement and fire fighting personnel.
AB40-SA36,134
18Section
134. 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m.
19and amended to read:
AB40-SA36,82,2520
111.70
(4) (c) 1m. `Mediation.' The commission may function as a mediator in
21labor disputes
involving a collective bargaining unit containing a public safety
22employee. Such mediation may be carried on by a person designated to act by the
23commission upon request of one or both of the parties or upon initiation of the
24commission. The function of the mediator is to encourage voluntary settlement by
25the parties but no mediator has the power of compulsion.
AB40-SA36,135
1Section
135. 111.70 (4) (c) 1g. of the statutes is created to read:
AB40-SA36,83,32
111.70
(4) (c) 1g. `Applicability.' This paragraph applies only to municipal
3employees who are engaged in law enforcement or fire fighting functions.
AB40-SA36,136
4Section
136. 111.70 (4) (c) 2. of the statutes is amended to read:
AB40-SA36,83,95
111.70
(4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
6or application of the terms of a written collective bargaining agreement
involving a
7collective bargaining unit containing a public safety employee may agree in writing
8to have the commission or any other appropriate agency serve as arbitrator or may
9designate any other competent, impartial and disinterested person to so serve.
AB40-SA36,137
10Section
137. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
AB40-SA36,83,1811
111.70
(4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
12involving a collective bargaining unit containing a public safety employee has not
13been settled after a reasonable period of negotiation and after the settlement
14procedures, if any, established by the parties have been exhausted, and the parties
15are deadlocked with respect to any dispute between them arising in the collective
16bargaining process, either party, or the parties jointly, may petition the commission,
17in writing, to initiate fact-finding, and to make recommendations to resolve the
18deadlock, as follows:
AB40-SA36,138
19Section
138. 111.70 (4) (cg) of the statutes is repealed.
AB40-SA36,139
20Section
139. 111.70 (4) (cm) (title) of the statutes is amended to read:
AB40-SA36,83,2221
111.70
(4) (cm) (title)
Methods for peaceful settlement of disputes; general
22municipal employees other personnel.
AB40-SA36,140
23Section
140. 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm)
241m. and amended to read:
AB40-SA36,84,11
1111.70
(4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
2purpose of advising the commission of the commencement of contract negotiations
3involving a collective bargaining unit containing general municipal employees,
4whenever either party requests the other to reopen negotiations under a binding
5collective bargaining agreement, or the parties otherwise commence negotiations if
6no such agreement exists, the party requesting negotiations shall immediately notify
7the commission in writing. Upon failure of the requesting party to provide such
8notice, the other party may so notify the commission. The notice shall specify the
9expiration date of the existing collective bargaining agreement, if any, and shall set
10forth any additional information the commission may require on a form provided by
11the commission.
AB40-SA36,141
12Section
141. 111.70 (4) (cm) 1g. of the statutes is created to read:
AB40-SA36,84,1313
111.70
(4) (cm) 1g. `Application.'
AB40-SA36,84,1414
a. Chapter 788 does not apply to arbitration proceedings under this paragraph.