Amendment SA36-AB40

AB40-SA36,94,22 111.70 (4) (d) 3. Whenever, in a particular case, a question arises concerning representation or appropriate unit, calling for a vote, the commission shall certify the results in writing to the municipal employer and the labor organization involved and to any other interested parties. c. Any ballot used in a representation proceeding under this subdivision shall include the names of all persons having an interest in representing or the results. The ballot should be so designed as to permit a vote against representation by any candidate named on the ballot. The findings of the commission, on which a certification is based, shall be conclusive unless reviewed as provided by s. 111.07 (8).

AB40-SA36,152 Section 152. 111.70 (4) (d) 3. b. of the statutes is repealed.

AB40-SA36,153 Section 153. 111.70 (4) (L) of the statutes is amended to read:

AB40-SA36,95,5 111.70 (4) (L) Strikes prohibited. Nothing Except as authorized under par. (cm) 5. and 6. c., nothing contained in this subchapter constitutes a grant of grants the right to strike by to any municipal employee or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize a strike after an injunction has been issued against a strike under sub. (7m).

AB40-SA36,154 Section 154. 111.70 (4) (m) of the statutes is created to read:

AB40-SA36,95,9 111.70 (4) (m) Prohibited subjects of bargaining; school district municipal employers. In a school district, the municipal employer is prohibited from bargaining collectively with respect to all of the following:

AB40-SA36,95,15 1. Reassignment of municipal employees who perform services for a board of school directors under ch. 119, with or without regard to seniority, as a result of a decision of the board of school directors to contract with an individual or group to operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter school, or the impact of any such reassignment on the wages, hours, or conditions of employment of the municipal employees who perform those services.

AB40-SA36,95,20 2. Reassignment of municipal employees who perform services for a board of school directors, with or without regard to seniority, as a result of the decision of the board to close or reopen a school under s. 119.18 (23), or the impact of any such reassignment on the wages, hours, or conditions of employment of the municipal employees who perform those services.

AB40-SA36,95,24 3. Any decision of a board of school directors to contract with a school or agency to provide educational programs under s. 119.235, or the impact of any such decision on the wages, hours, or conditions of employment of the municipal employees who perform services for the board.

AB40-SA36,96,2 4. Solicitation of sealed bids for the provision of group health care benefits for school district employees as provided in s. 120.12 (24).

AB40-SA36,155 Section 155. 111.70 (4) (mb) of the statutes is repealed.

AB40-SA36,156 Section 156. 111.70 (4) (mbb) of the statutes is repealed.

AB40-SA36,157 Section 157. 111.70 (4) (mc) (intro.) of the statutes is renumbered 111.70 (4) (mc) and amended to read:

AB40-SA36,96,11 111.70 (4) (mc) Prohibited subjects of bargaining; public safety employees. The If the municipal employee is a clerk who is not an employee of a city of the first class, the municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a public safety employee with respect to any of the following: the judge's authority over the supervisory tasks provided in s. 755.10.

AB40-SA36,158 Section 158. 111.70 (4) (mc) 5. and 6. of the statutes are repealed.

AB40-SA36,159 Section 159. 111.70 (4) (n) of the statutes is created to read:

AB40-SA36,96,17 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under sub. (1) (a), the municipal employer is required to bargain collectively with respect to all of the following:

AB40-SA36,96,20 1. Time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties.

AB40-SA36,96,22 2. The development of or any changes to a teacher evaluation plan under s. 118.225.

AB40-SA36,160 Section 160. 111.70 (4) (p) of the statutes is amended to read:

AB40-SA36,97,4 111.70 (4) (p) Permissive subjects of collective bargaining; public safety and transit employees. A municipal employer is not required to bargain with public safety employees or transit employees on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the public safety employees or of the transit municipal employees in a collective bargaining unit.

AB40-SA36,161 Section 161. 111.70 (7) of the statutes is created to read:

AB40-SA36,97,12 111.70 (7) Penalty for striker. (a) Whoever violates sub. (4) (L) after an injunction against a strike has been issued shall be fined $10. After the injunction has been issued, any employee who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the employer. Each day of continued violation constitutes a separate offense. The court shall order that any fine imposed under this subsection be paid by means of a salary deduction at a rate to be determined by the court.

AB40-SA36,97,14 (b) This subsection applies only to municipal employees who are engaged in law enforcement or fire fighting functions.

AB40-SA36,162 Section 162. 111.70 (7m) (a) of the statutes is renumbered 111.70 (7m) (ar).

AB40-SA36,163 Section 163. 111.70 (7m) (ag) of the statutes is created to read:

AB40-SA36,97,19 111.70 (7m) (ag) Application. This subsection does not apply to strikes involving municipal employees who are engaged in law enforcement or fire fighting functions.

AB40-SA36,164 Section 164. 111.70 (7m) (b) of the statutes is created to read:

AB40-SA36,98,7 111.70 (7m) (b) Injunction; threat to public health or safety. At any time after a labor organization gives advance notice of a strike under sub. (4) (cm) that is expressly authorized under sub. (4) (cm), the municipal employer or any citizen directly affected by the strike may petition the circuit court to enjoin the strike. If the court finds that the strike poses an imminent threat to the public health or safety, the court shall, within 48 hours after the receipt of the petition but after notice to the parties and after holding a hearing, issue an order immediately enjoining the strike, and shall order the parties to submit a new final offer on all disputed issues to the commission for final and binding arbitration as provided in sub. (4) (cm). The commission, upon receipt of the final offers of the parties, shall transmit them to the arbitrator or a successor designated by the commission. The arbitrator shall omit preliminary steps and shall commence immediately to arbitrate the dispute.

AB40-SA36,165 Section 165. 111.70 (7m) (c) 1. a. of the statutes is amended to read:

AB40-SA36,98,16 111.70 (7m) (c) 1. a. Any labor organization that represents public safety employees or transit employees which violates sub. (4) (L) may not collect any dues under a collective bargaining agreement or under a fair-share agreement from any municipal employee covered by either agreement for a period of one year. At the end of the period of suspension, any such the agreement shall be reinstated unless the labor organization is no longer authorized to represent the public safety employees or transit municipal employees covered by the collective bargaining agreement or fair-share agreement or the agreement is no longer in effect.

AB40-SA36,166 Section 166. 111.70 (7m) (c) 3. of the statutes is created to read:

AB40-SA36,98,22 111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or participates in a strike after a final and binding arbitration award or decision under sub. (4) (cm) is issued and before the end of the term of the agreement which the award or decision amends or creates shall forfeit $15 per offense. Each day of continued violation constitutes a separate offense.

AB40-SA36,167 Section 167. 111.70 (7m) (e) of the statutes is created to read:

AB40-SA36,99,3 111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration award or decision under sub. (4) (cm) in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, is liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award or decision.

AB40-SA36,168 Section 168. 111.70 (8) (a) of the statutes is amended to read:

AB40-SA36,99,10 111.70 (8) (a) This section, except sub. subs. (1) (nm), (4) (cg) and (cm), and (7m), applies to law enforcement supervisors employed by a 1st class city. This section, except sub. subs. (1) (nm), (4) (cm) and (jm), and (7m) applies to law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the terms term "municipal employee" and "public safety employee" include includes such a supervisor.

AB40-SA36,169 Section 169. 111.71 (2) of the statutes is amended to read:

AB40-SA36,99,25 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1., (cg) 3., or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 1m., 2., and 3., (cg) 3., 4., and 6., (cm) 3. and, 4., and 6., and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as is a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such the fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3) may not prohibit the commission from initiating such the arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB40-SA36,170 Section 170. 111.71 (4) of the statutes is created to read:

AB40-SA36,100,25 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually submit a report on the opinion to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB40-SA36,171 Section 171. 111.71 (4m) of the statutes is repealed.

AB40-SA36,172 Section 172. 111.71 (5) of the statutes is created to read:

AB40-SA36,101,10 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall promote the programs to and recruit participation throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee to participate in the programs.

AB40-SA36,173 Section 173. 111.71 (5m) of the statutes is repealed.

AB40-SA36,174 Section 174. 111.77 (intro.) of the statutes is amended to read:

AB40-SA36,101,18 111.77 Settlement of disputes in collective bargaining units composed of law enforcement personnel and fire fighters. (intro.) Municipal In fire departments and city and county law enforcement agencies municipal employers and public safety employees, as provided in sub. (8), have the duty to bargain collectively in good faith including the duty to refrain from strikes or lockouts and to comply with the following:

AB40-SA36,175 Section 175. 111.77 (8) (a) of the statutes is amended to read:

AB40-SA36,101,23 111.77 (8) (a) This section applies to public safety employees who are law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the term "municipal employee" includes such a supervisor.

AB40-SA36,176 Section 176. 111.77 (9) of the statutes is amended to read:

AB40-SA36,102,2 111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) does not apply to employments covered by this section.

AB40-SA36,177 Section 177. 111.80 of the statutes is created to read:

AB40-SA36,102,6 111.80 Declaration of policy. The public policy of the state as to labor relations and collective bargaining in state employment, in the furtherance of which this subchapter is enacted, is as follows:

AB40-SA36,102,10 (1) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB40-SA36,102,20 (2) Orderly and constructive employment relations for employees and the efficient administration of state government are promotive of all these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employee management relations in state employment, and the availability of suitable machinery for fair and peaceful adjustment of whatever controversies may arise. It is recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding state employment relations, neither party has any right to engage in acts or practices that jeopardize the public safety and interest and interfere with the effective conduct of public business.

AB40-SA36,103,2 (3) Where permitted under this subchapter, negotiations of terms and conditions of state employment should result from voluntary agreement between the state and its agents as employer, and its employees. For that purpose an employee may, if the employee desires, associate with others in organizing and in bargaining collectively through representatives of the employee's own choosing without intimidations or coercion from any source.

AB40-SA36,103,9 (4) It is the policy of this state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to encourage the practices and procedures of collective bargaining in state employment subject to the requirements of the public service and related laws, rules, and policies governing state employment, by establishing standards of fair conduct in state employment relations, and by providing a convenient, expeditious, and impartial tribunal in which these interests may have their respective rights determined.

AB40-SA36,178 Section 178. 111.81 (1) of the statutes is amended to read:

AB40-SA36,103,20 111.81 (1) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3), with respect to general employees, with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-SA36,179 Section 179. 111.81 (3h) of the statutes is created to read:

AB40-SA36,103,22 111.81 (3h) "Consumer" has the meaning given in s. 46.2898 (1) (cm).

AB40-SA36,180 Section 180. 111.81 (3n) of the statutes is repealed.

AB40-SA36,181 Section 181. 111.81 (7) (g) of the statutes is created to read:

AB40-SA36,104,3 111.81 (7) (g) For purposes of this subchapter only, home care providers. This paragraph does not make home care providers state employees for any other purpose except collective bargaining.

AB40-SA36,182 Section 182. 111.81 (9) of the statutes is amended to read:

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.