Amendment SA36-AB40

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AB40-SA36,210 Section 210. 111.845 of the statutes is repealed.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

AB40-SA36,118,6 111.91 (2) (gu) The right of a public safety employee, who is an employee, as defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical technician, first responder, or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).

AB40-SA36,223 Section 223. 111.91 (2c) of the statutes is created to read:

AB40-SA36,118,10 111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer is prohibited from bargaining with a collective bargaining unit formed under s. 111.825 (2g) on any of the following:

AB40-SA36,118,11 (a) Policies.

AB40-SA36,118,12 (b) Work rules.

AB40-SA36,118,13 (c) Hours of employment.

AB40-SA36,118,14 (d) Any right of the consumer under s. 111.905.

AB40-SA36,224 Section 224. 111.91 (3) of the statutes is repealed.

AB40-SA36,225 Section 225. 111.91 (3q) of the statutes is repealed.

AB40-SA36,226 Section 226. 111.92 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,118,25 111.92 (1) (a) 1. Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or, (2) (d) or (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-SA36,227 Section 227. 111.92 (2m) of the statutes is created to read:

AB40-SA36,119,3 111.92 (2m) A collective bargaining agreement entered into by a collective bargaining unit specified in s. 111.825 (2g) may not take effect before July 1, 2013.

AB40-SA36,228 Section 228. 111.92 (3) (a) of the statutes is renumbered 111.92 (3) and amended to read:

AB40-SA36,119,7 111.92 (3) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) shall coincide with the fiscal year or biennium.

AB40-SA36,229 Section 229. 111.92 (3) (b) of the statutes is repealed.

AB40-SA36,230 Section 230. 111.93 (3) (intro.) and (a) of the statutes are consolidated, renumbered 111.93 (3) and amended to read:

AB40-SA36,119,20 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), all of the following apply: (a) If if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB40-SA36,231 Section 231. 111.93 (3) (b) of the statutes is repealed.

AB40-SA36,232 Section 232. 118.22 (4) of the statutes is created to read:

AB40-SA36,120,2 118.22 (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-SA36,233 Section 233. 118.223 of the statutes is repealed.

AB40-SA36,234 Section 234. 118.23 (5) of the statutes is created to read:

AB40-SA36,120,8 118.23 (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-SA36,235 Section 235. 118.245 of the statutes is repealed.

AB40-SA36,236 Section 236. 118.40 (2r) (b) 3. a. of the statutes is amended to read:

AB40-SA36,120,17 118.40 (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-SA36,237 Section 237. 118.42 (3) (a) 4. of the statutes is amended to read:

AB40-SA36,120,20 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.

AB40-SA36,238 Section 238. 118.42 (5) of the statutes is amended to read:

AB40-SA36,120,24 118.42 (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-SA36,239 Section 239. 119.04 (1) of the statutes is amended to read:

AB40-SA36,121,10 119.04 (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, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 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, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (2m), (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-SA36,240 Section 240. 120.12 (4m) of the statutes is repealed.

AB40-SA36,241 Section 241. 120.12 (15) of the statutes is amended to read:

AB40-SA36,121,19 120.12 (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-SA36,242 Section 242. 120.18 (1) (gm) of the statutes is amended to read:

AB40-SA36,122,12 120.18 (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-SA36,243 Section 243. 230.01 (3) of the statutes is amended to read:

AB40-SA36,122,15 230.01 (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-SA36,244 Section 244. 230.03 (3) of the statutes is amended to read:

AB40-SA36,123,2 230.03 (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. 53, 231, 232, 233, 234, 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-SA36,245 Section 245. 230.046 (10) (a) of the statutes is amended to read:

AB40-SA36,123,5 230.046 (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-SA36,246 Section 246. 230.10 (1) of the statutes is amended to read:

AB40-SA36,123,13 230.10 (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-SA36,247 Section 247. 230.12 (3) (e) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,124,11 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents and the chancellor of the University of Wisconsin-Madison, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for University of Wisconsin System employees who are not included in a collective bargaining unit under subch. VI of ch. 111 for which a representative is certified. The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for University of Wisconsin System employees. The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for University of Wisconsin System employees. The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

AB40-SA36,248 Section 248. 230.34 (1) (ar) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,124,22 230.34 (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 (ar), 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-SA36,249 Section 249. 230.35 (1s) of the statutes is amended to read:

AB40-SA36,125,5 230.35 (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-SA36,250 Section 250. 230.35 (2d) (e) of the statutes is amended to read:

AB40-SA36,125,10 230.35 (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.

AB40-SA36,251 Section 251. 230.35 (3) (e) 6. of the statutes is amended to read:

AB40-SA36,125,15 230.35 (3) (e) 6. 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 paragraph shall apply unless otherwise provided in a collective bargaining agreement.

AB40-SA36,252 Section 252. 230.88 (2) (b) of the statutes is amended to read: