Amendment SA36-AB40

AB40-SA36,56,22 (2) The board shall charge an institution for the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the institution. Each institution charged shall pay the amount that the board charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.545 (1) (km).

AB40-SA36,57,3 111.994 Mediation. The commission may appoint any competent, impartial, disinterested person to act as mediator in any labor dispute either upon its own initiative or upon the joint request of both parties to the dispute. It is the function of a mediator to bring the parties together voluntarily under such favorable conditions as will tend to effectuate settlement of the dispute, but neither the mediator nor the commission has any power of compulsion in mediation proceedings.

AB40-SA36,57,12 111.995 Fact-finding. (1) If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the representative that has been certified by the commission after an election, as the exclusive representative of employees in an appropriate bargaining unit, and the employer, its officers, and agents, after a reasonable period of negotiation, are deadlocked with respect to any dispute between them arising in the collective bargaining process, either party, or the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.

AB40-SA36,57,18 (2) Upon receipt of a petition to initiate fact-finding, the commission shall make an investigation with or without a formal hearing, to determine whether a deadlock in fact exists. The commission shall certify the results of the investigation. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or, when jointly requested by the parties, a 3-member panel to function as a fact finder.

AB40-SA36,58,7 (3) The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. In making findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Upon the request of either party, the fact finder may orally present the recommendations in advance of service of the written findings and recommendations. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy to the commission at its Madison office.

AB40-SA36,58,9 (4) A fact finder may mediate a dispute at any time prior to the issuance of the fact finder's recommendations.

AB40-SA36,58,15 (5) Within 30 days of the receipt of the fact finder's recommendations or within a time mutually agreed upon by the parties, each party shall advise the other, in writing, as to the party's acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, send a copy of the notification to the commission at its Madison office. Failure to comply with this subsection, by the employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).

AB40-SA36,58,21 111.996 Strike prohibited. (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the board to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

AB40-SA36,58,24 (2) The occurrence of a strike and the participation in the strike by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including all of the following:

AB40-SA36,59,2 (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating in the strike.

AB40-SA36,59,4 (b) The right to cancel the reinstatement eligibility of any employee engaging in the strike.

AB40-SA36,59,7 (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging in the strike, or to sue for damages because of such strike activity.

AB40-SA36,59,10 111.997 Management rights. Nothing in this subchapter interferes with the right of the board or the University of Wisconsin–Madison, in accordance with this subchapter, to do any of the following:

AB40-SA36,59,13 (1) Carry out the statutory mandate and goals assigned to the board or to the University of Wisconsin–Madison by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

AB40-SA36,59,17 (2) Suspend, demote, discharge, or take other appropriate disciplinary action against the employee; or to lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and nonproductive.

AB40-SA36,59,20 111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (f), matters subject to collective bargaining to the point of impasse are salaries; fringe benefits consistent with sub. (2); and hours and conditions of employment.

AB40-SA36,60,2 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board and, with respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of bargaining.

AB40-SA36,60,4 (c) The board and the University of Madison–Madison are prohibited from bargaining on matters contained in sub. (2).

AB40-SA36,60,10 (d) 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 board and of the University of Madison–Madison that are authorized under any such law that apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

AB40-SA36,60,13 (e) Demands relating to retirement and group insurance shall be submitted to the board or to the University of Wisconsin-Madison, whichever is appropriate, at least one year prior to commencement of negotiations.

AB40-SA36,60,16 (f) Neither the board nor the University of Wisconsin-Madison is required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

AB40-SA36,60,18 (2) The board and the University of Wisconsin-Madison are prohibited from bargaining on all of the following:

AB40-SA36,60,23 (a) The mission and goals of the University of Wisconsin System as set forth in the statutes; the diminution of the right of tenure provided the faculty under s. 36.13, the rights granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the rights of appointment provided academic staff under s. 36.15; or academic freedom.

AB40-SA36,60,24 (b) Amendments to this subchapter.

AB40-SA36,61,4 (c) Family leave and medical leave rights below the minimum afforded under s. 103.10. Nothing in this paragraph prohibits bargaining on rights to family leave or medical leave which are more generous to the employee than the rights provided under s. 103.10.

AB40-SA36,61,6 (e) The rights of employees to have retirement benefits computed under s. 40.30.

AB40-SA36,61,8 (f) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.

AB40-SA36,61,9 (h) Creditable service to which s. 40.285 (2) (b) 4. applies.

AB40-SA36,61,11 (i) Compliance with the health benefit plan requirements under ss. 632.746 (1) to (8) and (10), 632.747, and 632.748.

AB40-SA36,61,12 (j) Compliance with the insurance requirements under s. 631.95.

AB40-SA36,61,13 (k) The definition of earnings under s. 40.02 (22).

AB40-SA36,61,14 (L) The maximum benefit limitations under s. 40.31.

AB40-SA36,61,15 (m) The limitations on contributions under s. 40.32.

AB40-SA36,61,17 (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14).

AB40-SA36,61,19 (o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.

AB40-SA36,61,20 (p) The requirements related to coverage of drugs and devices under s. 632.853.

AB40-SA36,61,21 (q) The requirements related to experimental treatment under s. 632.855.

AB40-SA36,61,23 (r) The requirements under s. 609.10 related to offering a point-of-service option plan.

AB40-SA36,62,3 (s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.

AB40-SA36,62,7 (3) Upon request, the chancellor at each institution, or his or her designee, shall meet and confer with the collective bargaining representative, if any, with regard to any issue that is a permissive subject of bargaining, except when the issue is under active consideration by a governance organization under s. 36.09 (4) or (4m).

AB40-SA36,62,14 111.999 Labor proposals. (1) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

AB40-SA36,62,21 (2) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization or to be agreed to before such proposal is actually offered or accepted.

AB40-SA36,63,2 111.9991 Agreements. (1) (a) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r) shall, after official ratification by the labor organization, be submitted by the board to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-SA36,63,8 (b) Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 (1) (a) or (j) shall, after official ratification by the labor organization, be submitted by the University of Wisconsin-Madison to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

AB40-SA36,63,25 (c) If the committee approves a tentative agreement, under par. (a) or (b) it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions, or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and that recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB40-SA36,64,1 (2) No portion of any tentative agreement shall become effective separately.

AB40-SA36,64,2 (3) Agreements shall coincide with the fiscal year or biennium.

AB40-SA36,64,4 (4) The negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.

AB40-SA36,64,6 (5) All compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

AB40-SA36,64,11 111.9992 Status of existing benefits and rights. Unless a prohibited subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules governing the salaries, fringe benefits, hours, and conditions of employment apply to each employee, unless otherwise provided in a collective bargaining agreement.

AB40-SA36,64,18 111.9993 Rules, transcripts, fees. (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings under this subchapter. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i).

AB40-SA36,65,18 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.991. 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. 111.993. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.995. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.994. For the performance of commission actions under ss. 111.993, 111.994, and 111.995, 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 an unfair labor practice has been committed under s. 111.991, 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 labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as 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 fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB40-SA36,87 Section 87. 111.02 (1) of the statutes is amended to read:

AB40-SA36,65,24 111.02 (1) "All-union agreement" means an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization.

AB40-SA36,88 Section 88. 111.02 (2) of the statutes is amended to read:

AB40-SA36,66,6 111.02 (2) "Collective bargaining" means the negotiation by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

AB40-SA36,89 Section 89. 111.02 (3) of the statutes is amended to read:

AB40-SA36,66,22 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

AB40-SA36,90 Section 90. 111.02 (6) (am) of the statutes is created to read:

AB40-SA36,67,2 111.02 (6) (am) "Employee" includes a child care provider certified under s. 48.651 and a child care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the child care provider.

AB40-SA36,91 Section 91. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.) and amended to read:

AB40-SA36,67,6 111.02 (7) (a) (intro.) "Employer" means a person who engages the services of an employee, and includes a all of the following:

AB40-SA36,67,8 1. A person acting on behalf of an employer within the scope of his or her authority, express or implied.

AB40-SA36,92 Section 92. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:

AB40-SA36,67,10 111.02 (7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.

AB40-SA36,67,11 3. A local cultural arts district created under subch. V of ch. 229.

AB40-SA36,67,14 4. With respect to an employee under sub. (6) (am), the state, counties, and other administrative entities involved in regulation and subsidization of employees under sub. (6) (am).

AB40-SA36,93 Section 93. 111.02 (7) (b) 1. of the statutes is amended to read:

AB40-SA36,67,17 111.02 (7) (b) 1. The Except as provided in par. (a) 4., the state or any political subdivision thereof.

AB40-SA36,94 Section 94. 111.02 (7m), (9m) and (10m) of the statutes are created to read:

AB40-SA36,67,25 111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority, or between an employer defined under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am), 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-SA36,68,1 (9m) "Maintenance of membership agreement" means any of the following:

AB40-SA36,68,8 (a) An agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at 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-SA36,68,14 (b) An agreement between an employer under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am) that requires that all of the employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at 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-SA36,68,20 (10m) "Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit or in which employees under sub. (6) (am) 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-SA36,95 Section 95. 111.05 (2) of the statutes is amended to read:

AB40-SA36,69,2 111.05 (2) Whenever Except as provided in subs. (5) and (7), whenever a question arises concerning the determination of a collective bargaining unit, it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB40-SA36,96 Section 96. 111.05 (5) of the statutes is created to read:

AB40-SA36,69,6 111.05 (5) (a) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employees engaged in each of the following functions:

AB40-SA36,69,7 1. Fiscal and staff services.

AB40-SA36,69,8 2. Patient care.

AB40-SA36,69,9 3. Science.

AB40-SA36,69,10 4. Clerical and related.

AB40-SA36,69,11 5. Blue collar and nonbuilding trades.

AB40-SA36,69,12 6. Building trades crafts.

AB40-SA36,69,13 7. Security and public safety.

AB40-SA36,69,14 8. Technical.

AB40-SA36,69,23 (b) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for the employees is subject to approval of the commission. The commission may not permit fragmentation of the collective bargaining units or creation of any collective bargaining unit that is too small to provide adequate representation of employees. In approving the collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.

AB40-SA36,97 Section 97. 111.05 (6) of the statutes is created to read: