Amendment SA36-AB40

AB40-SA36,74 Section 74. 59.875 (2) (b) of the statutes is repealed.

AB40-SA36,75 Section 75. 62.623 (1) of the statutes is renumbered 62.623 and amended to read:

AB40-SA36,36,12 62.623 Payment of contributions in an employee retirement system of a 1st class city. Beginning on July 1, 2011, in any employee retirement system of a 1st class city, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in sub. (2), employees shall pay all employee required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the required contributions.

AB40-SA36,76 Section 76. 62.623 (2) of the statutes is repealed.

AB40-SA36,77 Section 77. 66.0506 of the statutes is repealed.

AB40-SA36,78 Section 78. 66.0508 of the statutes is repealed.

AB40-SA36,79 Section 79. 66.0509 (1m) of the statutes is repealed.

AB40-SA36,80 Section 80. 70.11 (41s) of the statutes is created to read:

AB40-SA36,36,20 70.11 (41s) Wisconsin Quality Home Care Authority. All property owned by the Wisconsin Quality Home Care Authority, provided that use of the property is primarily related to the purposes of the authority.

AB40-SA36,81 Section 81. 71.26 (1) (be) of the statutes is amended to read:

AB40-SA36,37,2 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home Care Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.

AB40-SA36,82 Section 82. 73.03 (68) of the statutes is repealed.

AB40-SA36,83 Section 83. 77.54 (9a) (a) of the statutes is amended to read:

AB40-SA36,37,9 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB40-SA36,84 Section 84. 100.45 (1) (dm) of the statutes is amended to read:

AB40-SA36,37,20 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB40-SA36,85 Section 85. 109.03 (1) (b) of the statutes is amended to read:

AB40-SA36,38,2 109.03 (1) (b) School district and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless, with respect to private school employees, the such employees are covered under a valid collective bargaining agreement which precludes this method of payment.

AB40-SA36,86 Section 86. Subchapter VI of chapter 111 of the statutes is created to read:

AB40-SA36,38,4 CHAPTER 111

AB40-SA36,38,5 SUBCHAPTER VI

AB40-SA36,38,8 UNIVERSITY OF WISCONSIN SYSTEM FACULTY AND ACADEMIC STAFF LABOR RELATIONS

AB40-SA36,38,12 111.95 Declaration of policy. The public policy of the state as to labor relations and collective bargaining involving faculty and academic staff at the University of Wisconsin System, in furtherance of which this subchapter is enacted, is as follows:

AB40-SA36,38,15 (1) The people of the state of Wisconsin have a fundamental interest in developing harmonious and cooperative labor relations within the University of Wisconsin System.

AB40-SA36,38,19 (2) 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 rights of the others.

AB40-SA36,38,20 111.96 Definitions. In this subchapter:

AB40-SA36,38,23 (1) "Academic staff" means academic staff under s. 36.15, but does not include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is appointed to a visiting faculty position.

AB40-SA36,38,24 (2) "Board" means the Board of Regents of the University of Wisconsin System.

AB40-SA36,39,8 (3) "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. 111.998 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-SA36,39,9 (4) "Collective bargaining unit" means a unit established under s. 111.98 (1).

AB40-SA36,39,10 (5) "Commission" means the employment relations commission.

AB40-SA36,39,13 (6) "Election" means a proceeding conducted by the commission in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in this subchapter.

AB40-SA36,39,14 (7) "Employee" includes:

AB40-SA36,39,17 (a) All faculty, including faculty who are supervisors or management employees, but not including faculty holding a limited appointment under s. 36.17 or deans.

AB40-SA36,39,20 (b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.

AB40-SA36,39,21 (8) "Employer" means the state of Wisconsin.

AB40-SA36,39,23 (9) "Faculty" means faculty under s. 36.13, except for an individual holding an appointment under s. 36.15.

AB40-SA36,40,3 (10) "Fair-share agreement" means an agreement between the employer and a labor organization representing employees under which all of the employees 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-SA36,40,4 (11) "Institution" has the meaning given in s. 36.05 (9).

AB40-SA36,40,6 (12) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.

AB40-SA36,40,10 (13) "Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment, but does not include any organization that does any of the following:

AB40-SA36,40,12 (a) Advocates the overthrow of the constitutional form of government in the United States.

AB40-SA36,40,14 (b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.

AB40-SA36,40,21 (14) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.992 (1) (c) at or after the time the agreement takes effect continue to have dues deducted for the duration of the agreement and that dues be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB40-SA36,40,23 (15) "Management employees" includes those personnel engaged predominately in executive and managerial functions.

AB40-SA36,40,25 (16) "Office" means the office of state employment relations in the department of administration.

AB40-SA36,41,5 (17) "Referendum" means a proceeding conducted by the commission in which employees, or supervisors specified in s. 111.98 (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 agreement or to terminate a fair-share agreement.

AB40-SA36,41,7 (18) "Representative" includes any person chosen by an employee to represent the employee.

AB40-SA36,41,11 (19) "Strike" includes any strike or other concerted stoppage of work by employees, any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal to work or perform their usual duties as employees of the state.

AB40-SA36,41,17 (20) "Supervisor" means any individual whose principal work is different from that of the individual's subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees, or to adjust their grievances, or to authoritatively recommend such action, if the individual's exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

AB40-SA36,41,19 (21) "Unfair labor practice" means any unfair labor practice specified in s. 111.991.

AB40-SA36,42,3 111.965 Duties of the state. (1) (a) In the furtherance of this subchapter, the state shall be considered as a single employer. With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the board shall maintain close liaison with the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The board shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the board that require legislative action.

AB40-SA36,42,7 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The board shall coordinate its actions with the director of the office.

AB40-SA36,42,16 (2m) (a) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the University of Wisconsin-Madison shall maintain close liaison with the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The University of Wisconsin-Madison shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the University of Wisconsin-Madison that require legislative action.

AB40-SA36,42,21 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The University of Wisconsin-Madison shall coordinate its actions with the director of the office.

AB40-SA36,43,2 111.97 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 such activities.

AB40-SA36,43,5 111.98 Collective bargaining units. (1) Collective bargaining units for faculty and staff are structured with a collective bargaining unit for each of the following groups:

AB40-SA36,43,6 (a) Faculty of the University of Wisconsin-Madison.

AB40-SA36,43,7 (b) Faculty of the University of Wisconsin-Milwaukee.

AB40-SA36,43,8 (c) Faculty of the University of Wisconsin-Extension.

AB40-SA36,43,9 (cm) Faculty of the University of Wisconsin-Eau Claire.

AB40-SA36,43,10 (d) Faculty of the University of Wisconsin-Green Bay.

AB40-SA36,43,11 (dm) Faculty of the University of Wisconsin-La Crosse.

AB40-SA36,43,12 (e) Faculty of the University of Wisconsin-Oshkosh.

AB40-SA36,43,13 (em) Faculty of the University of Wisconsin-Parkside.

AB40-SA36,43,14 (f) Faculty of the University of Wisconsin-Platteville.

AB40-SA36,43,15 (fm) Faculty of the University of Wisconsin-River Falls.

AB40-SA36,43,16 (g) Faculty of the University of Wisconsin-Stevens Point.

AB40-SA36,43,17 (gm) Faculty of the University of Wisconsin-Stout.

AB40-SA36,43,18 (h) Faculty of the University of Wisconsin-Superior.

AB40-SA36,43,19 (hm) Faculty of the University of Wisconsin-Whitewater.

AB40-SA36,43,20 (i) Faculty of the University of Wisconsin Colleges.

AB40-SA36,43,21 (j) Academic staff of the University of Wisconsin-Madison.

AB40-SA36,43,23 (jk) Academic staff employed at the University of Wisconsin System administration.

AB40-SA36,43,24 (jm) Academic staff of the University of Wisconsin-Milwaukee.

AB40-SA36,43,25 (k) Academic staff of the University of Wisconsin-Extension.

AB40-SA36,44,1 (km) Academic staff of the University of Wisconsin-Eau Claire.

AB40-SA36,44,2 (L) Academic staff of the University of Wisconsin-Green Bay.

AB40-SA36,44,3 (Lm) Academic staff of the University of Wisconsin-La Crosse.

AB40-SA36,44,4 (n) Academic staff of the University of Wisconsin-Oshkosh.

AB40-SA36,44,5 (nm) Academic staff of the University of Wisconsin-Parkside.

AB40-SA36,44,6 (o) Academic staff of the University of Wisconsin-Platteville.

AB40-SA36,44,7 (om) Academic staff of the University of Wisconsin-River Falls.

AB40-SA36,44,8 (p) Academic staff of the University of Wisconsin-Stevens Point.

AB40-SA36,44,9 (pm) Academic staff of the University of Wisconsin-Stout.

AB40-SA36,44,10 (q) Academic staff of the University of Wisconsin-Superior.

AB40-SA36,44,11 (qm) Academic staff of the University of Wisconsin-Whitewater.

AB40-SA36,44,12 (r) Academic staff of the University of Wisconsin Colleges.

AB40-SA36,45,2 (2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described under sub. (1) (b) to (i) or (jk) to (r) may be combined into a single unit or the collective bargaining units described under sub. (1) (a) and (j) may be combined into a single unit. If 2 or more collective bargaining units seek to combine into a single collective bargaining unit, the commission shall, upon the petition of at least 30 percent of the employees in each unit, hold an election, or include on any ballot for an election held under s. 111.990 (2) the question of whether to combine units, to determine whether a majority of those employees voting in each unit desire to combine into a single unit. A combined collective bargaining unit shall be formed including all employees from each of those units in which a majority of the employees voting in the election approve a combined unit. The collective bargaining units shall be combined immediately unless there is no existing collective bargaining agreement in force in any of the units to be combined and then the collective bargaining units shall be combined upon expiration of the last agreement for the units concerned.