Amendment SA36-AB40

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.

AB40-SA36,45,15 (b) If 2 or more collective bargaining units have combined under par. (a), the commission shall, upon petition of at least 30 percent of the employees in any of the original units, hold an election of the employees in the original unit to determine whether the employees in that unit desire to withdraw from the combined collective bargaining unit. If a majority of the employees voting desire to withdraw from the combined collective bargaining unit, separate units consisting of the unit in which the election was held and a unit composed of the remainder of the combined unit shall be formed. The new collective bargaining units shall be formed immediately unless there is a collective bargaining agreement in force for the combined unit and then the new units shall be formed upon the expiration of the agreement. While there is a collective bargaining agreement in force for the combined collective bargaining unit, a petition for an election under this paragraph may be filed only during October in the calendar year prior to the expiration of the agreement.

AB40-SA36,45,23 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit described under sub. (1) or (2) in accordance with the election procedures under s. 111.990 if the petition is accompanied by a 30 percent showing of interest in the form of signed authorization cards. Any additional labor organization seeking to appear on the ballot must file a petition within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10 percent of the employees in the collective bargaining unit want it to be their representative.

AB40-SA36,46,7 (5) Although academic staff supervisors are not considered employees for the purpose of this subchapter, the commission may consider a petition for a statewide collective bargaining unit consisting of academic staff supervisors, but the representative of the supervisors may not be affiliated with any labor organization representing employees. For purposes of this subsection, affiliation does not include membership in a national, state, county, or municipal federation of national or international labor organizations. The certified representative of the supervisors may not bargain collectively with respect to any matter other than wages and fringe benefits.

AB40-SA36,46,18 111.990 Representatives and elections. (1) A representative chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit is the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present any grievance to the employer in person, or through representatives of their own choosing, and the employer shall confer with the individual employee or group of employees with respect to the grievance if the majority representative has been given the opportunity to be present at the conference. Any adjustment resulting from a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

AB40-SA36,47,5 (2) (a) Whenever a question arises concerning the representation of employees in a collective bargaining unit, the commission shall determine the representation by taking a secret ballot of the employees and certifying in writing the results to the interested parties. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees participating in the election as indicated in petitions filed with the commission. The name of any existing representative shall be included on the ballot without the necessity of filing a petition. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The ballot shall permit a vote against representation by anyone named on the ballot.

AB40-SA36,47,19 (b) 1. Except as provided in subd. 2., for elections in a collective bargaining unit composed of employees who are members of the faculty or academic staff, whenever more than one representative qualifies to appear on the ballot, the ballot shall provide separate votes on 2 questions. The first question shall be: "Shall the employees of the .... (name of collective bargaining unit) participate in collective bargaining?" The 2nd question shall be: "If the employees of the .... (name of collective bargaining unit) elect to participate in collective bargaining, which labor organization do you favor to act as representative of the employees?" The 2nd question may not include a choice for no representative. All employees in the collective bargaining unit may vote on both questions. Unless a majority of those employees voting in the election vote to participate in collective bargaining, no votes for a particular representative may be counted. If a majority of those employees voting in the election vote to participate in collective bargaining, the ballots for representatives shall be counted.

AB40-SA36,48,21 2. For elections in a collective bargaining unit composed of employees who are members of the faculty or academic staff, whenever more than one representative qualifies to appear on the ballot and a question of whether to combine collective bargaining units as permitted under s. 111.98 (2) (a) qualifies to appear on the ballot, the ballot shall provide separate votes on 3 questions and each ballot shall identify the collective bargaining unit to which each voter currently belongs. The first question shall be: "Shall the employees of the .... (name of the voter's current collective bargaining unit) participate in collective bargaining?" The 2nd question shall be: "Shall the employees of the .... (names of all of the collective bargaining units that qualify to appear on the ballot, including the name of the voter's current collective bargaining unit) combine to participate in collective bargaining?" The 3rd question shall be: "If the employees of the .... (name of the voter's current collective bargaining unit) elect to participate in collective bargaining, which labor organization do you favor to act as representative of the employees?" The 3rd question may not include a choice for no representative. All employees in the collective bargaining unit may vote on all questions. Unless a majority of those employees voting in the election vote to participate in collective bargaining, no votes for combination or for a particular representative may be counted. If a majority of those employees voting in the election vote to participate in collective bargaining, the ballots for combination shall be counted. If the ballots for combination are counted and a majority of those employees voting from each collective bargaining unit listed in the 2nd question on the ballot vote to combine, then the ballots for representatives of the combined collective bargaining unit shall be counted. If the ballots for combination are counted and a majority of those employees voting from each collective bargaining unit listed in the 2nd question on the ballot do not vote to combine, then the ballots for representatives of each current collective bargaining unit shall be counted.

AB40-SA36,48,23 (c) The commission's certification of the results of any election is conclusive unless reviewed under s. 111.07 (8).

AB40-SA36,49,5 (3) Whenever an election has been conducted under sub. (2) in which the ballots for representatives have been counted but in which no named representative is favored by a majority of the employees voting, the commission may, if requested by a party to the proceeding within 30 days from the date of the certification of the results of the election, conduct a runoff election. In that runoff election, the commission shall drop from the ballot the name of the representative who received the least number of votes at the original election.

AB40-SA36,49,18 (4) While a collective bargaining agreement between a labor organization and an employer is in force under this subchapter, a petition for an election in the collective bargaining unit to which the agreement applies may be filed only during October in the calendar year prior to the expiration of that agreement. An election held under that petition may be held only if the petition is supported by proof that at least 30 percent of the employees in the collective bargaining unit desire a change or discontinuance of existing representation. Within 60 days of the time that an original petition is filed, another petition may be filed supported by proof that at least 10 percent of the employees in the same collective bargaining unit desire a different representative. If a majority of the employees in the collective bargaining unit vote for a change or discontinuance of representation by any named representative, the decision takes effect upon expiration of any existing collective bargaining agreement between the employer and the existing representative.

AB40-SA36,49,20 111.991 Unfair labor practices. (1) It is an unfair labor practice for an employer individually or in concert with others to do any of the following:

AB40-SA36,49,22 (a) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed under s. 111.97.

AB40-SA36,50,10 (b) Except as otherwise provided in this paragraph, initiate, create, dominate, or interfere with the formation or administration of any labor or employee organization or contribute financial support to it. Except as provided in ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement System under ch. 40 and no action by the employer that is authorized by such a law is a violation of this paragraph unless an applicable collective bargaining agreement specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively regarding the Wisconsin Retirement System under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice for the employer to reimburse an employee at his or her prevailing wage rate for the time spent during the employee's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter.

AB40-SA36,50,14 (c) Encourage or discourage membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment. This paragraph does not apply to fair-share or maintenance of membership agreements.

AB40-SA36,50,24 (d) Refuse to bargain collectively on matters set forth in s. 111.998 with a representative of a majority of its employees in an appropriate collective bargaining unit. Whenever the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. The employer is not considered to have refused to bargain until an election has been held and the results of the election are certified to the employer by the commission. A violation of this paragraph includes the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-SA36,51,5 (e) Violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours, and conditions of employment affecting the employees, including an agreement to arbitrate or to accept the terms of an arbitration award, when previously the parties have agreed to accept such award as final and binding upon them.

AB40-SA36,51,13 (f) Deduct labor organization dues from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable by at least the end of any year of its life or earlier by the employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

AB40-SA36,51,17 (g) Use any moneys received for any purpose to discourage; to train any supervisor, management employee, or other employee to discourage; or to contract with any person for the purposes of discouraging employees in the exercise of their rights guaranteed under s. 111.97.

AB40-SA36,51,24 (1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board to implement changes in salaries or conditions of employment for members of the faculty or academic staff at one institution, and not for other members of the faculty or academic staff at another institution, but this may be done only if the differential treatment is based on comparisons with the compensation and working conditions of employees performing similar services for comparable higher education institutions or based upon other competitive factors.

AB40-SA36,52,2 (2) It is unfair practice for an employee individually or in concert with others to do any of the following:

AB40-SA36,52,4 (a) Coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed under s. 111.97.

AB40-SA36,52,9 (b) Coerce, intimidate, or induce any officer or agent of the employer to interfere with any of the employer's employees in the enjoyment of their legal rights including those guaranteed under s. 111.97 or engage in any practice with regard to its employees which would constitute an unfair labor practice if undertaken by the officer or agent on the officer's or agent's own initiative.

AB40-SA36,52,14 (c) Refuse to bargain collectively on matters specified in s. 111.998 with the authorized officer or agent of the employer that is the recognized or certified exclusive collective bargaining representative of employees in an appropriate collective bargaining unit. Such refusal to bargain shall include a refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40-SA36,52,18 (d) Violate the provisions of any written agreement with respect to terms and conditions of employment affecting employees, including an agreement to arbitrate or to accept the terms of an arbitration award, when previously the parties have agreed to accept such awards as final and binding upon them.

AB40-SA36,52,20 (e) Engage in, induce, or encourage any employees to engage in a strike or a concerted refusal to work or perform their usual duties as employees.

AB40-SA36,52,24 (f) Coerce or intimidate a supervisory employee, officer, or agent of the employer, working at the same trade or profession as the employer's employees, to induce the person to become a member of or act in concert with the labor organization of which the employee is a member.

AB40-SA36,53,4 (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 subs. (1) and (2).

AB40-SA36,53,6 (3m) This section does not interfere with a faculty member's right of academic freedom.

AB40-SA36,53,15 (4) Any controversy concerning unfair labor practices may be submitted to the commission as provided in s. 111.07, except that the commission shall schedule a hearing on complaints involving alleged violations of sub. (2) (e) within 3 days after filing of a complaint, and notice shall be given to each party interested by service on the party personally, or by telegram, advising the party of the nature of the complaint and of the date, time, and place of hearing. The commission may appoint a substitute tribunal to hear unfair labor practice charges by either appointing a 3-member panel or submitting a 7-member panel to the parties and allowing each to strike 2 names. Any panel shall report its finding to the commission for appropriate action.

AB40-SA36,53,21 111.992 Fair-share and maintenance of membership agreements. (1) (a) 1. No fair-share agreement 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 percent of the employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit desire that a fair-share agreement be entered into between the employer and a labor organization.

AB40-SA36,53,23 2. For a fair-share agreement to be authorized, at least a majority of the eligible employees or supervisors voting in a referendum must vote in favor of the agreement.

AB40-SA36,54,2 (b) No maintenance of membership agreement may be effective unless authorized. For a maintenance of membership agreement to be authorized, the employer and the labor organization representing the employees must voluntarily agree to establish the maintenance of membership agreement.

AB40-SA36,54,21 (c) If a fair-share agreement is authorized in a referendum, the employer shall enter into a fair-share agreement with the labor organization named on the ballot in the referendum. If a maintenance of membership agreement is authorized under par. (b), the employer shall enter into the maintenance of membership agreement with the labor union that voluntarily agreed to establish the agreement. Each fair-share or maintenance of membership agreement shall require the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees or supervisors affected by the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, a fair-share agreement takes effect 60 days after the commission certifies that the referendum vote authorized the fair-share agreement, and unless the parties agree to an earlier date a maintenance of membership agreement takes effect 60 days after the commission certifies that the parties have voluntarily agreed to establish the maintenance of membership agreement. The employer shall be held harmless against any claims, demands, suits, and other forms of liability made by employees or supervisors or local labor organizations which may arise for actions 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-SA36,55,2 (d) Under each fair-share or maintenance of membership agreement, an employee or supervisor who has religious convictions against dues payments to a labor organization may request the labor organization to pay his or her dues to a charity mutually agreed upon by the employee or supervisor and the labor organization. Any dispute under this paragraph may be submitted to the commission for adjudication.

AB40-SA36,55,15 (2) (a) 1. Once authorized, a fair-share agreement continues, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. If the commission receives a petition and finds that at least 30 percent of the employees or supervisors in the collective bargaining unit want to discontinue the fair-share agreement, the commission shall conduct a new referendum. If the continuance of the fair-share agreement is approved in the referendum by at least the percentage of eligible voting employees or supervisors required for its initial authorization, it shall continue, 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 continuance of the fair-share agreement is not supported in any referendum, it 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-SA36,55,21 2. Once authorized, a maintenance of membership agreement is in effect, subject to the right of the employer or the labor organization concerned to notify the commission that it no longer voluntarily agrees to continue the agreement. After the commission is notified, the maintenance of membership agreement terminates at the termination of the collective bargaining agreement or one year from the notification, whichever is earlier.

AB40-SA36,56,5 (b) The commission shall suspend any fair-share or maintenance of membership agreement 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 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 employee or supervisor covered under the agreement, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB40-SA36,56,8 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

AB40-SA36,56,11 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employees are entitled to vote in a referendum to conduct a referendum under this section.

AB40-SA36,56,16 111.993 Grievance arbitration. (1) Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency serve as arbitrator or may designate any other competent, impartial, and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788.