Amendment SA36-AB40

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:

AB40-SA36,70,10 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employees in any of the collective bargaining units that were combined to petition for an election under sub. (3). Any agreement under this subsection is effective when the parties provide written notice of the agreement to the commission and terminates when the party provides written notice of termination to the commission or when the representative entering into the agreement is decertified as representative of one of the combined collective bargaining units, whichever occurs first.

AB40-SA36,98 Section 98. 111.05 (7) of the statutes is created to read:

AB40-SA36,70,13 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

AB40-SA36,99 Section 99. 111.06 (1) (c) 1. of the statutes is amended to read:

AB40-SA36,71,18 111.06 (1) (c) 1. To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment except in a collective bargaining unit where an all-union , fair-share, or maintenance of membership agreement is in effect. An employer may enter into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this subdivision. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer. An interested person may, as provided in s. 111.07, request the commission to perform this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

AB40-SA36,100 Section 100. 111.06 (1) (d) of the statutes is amended to read:

AB40-SA36,72,2 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have has not refused to bargain until an election has been held and the commission has certified the result thereof has been certified to the employer by the commission.

AB40-SA36,101 Section 101. 111.06 (1) (i) of the statutes is amended to read:

AB40-SA36,72,10 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty days' written notice of such the termination unless there is an all-union fair-share, or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such a notice of termination.

AB40-SA36,102 Section 102. 111.06 (1) (m) of the statutes is created to read:

AB40-SA36,72,13 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB40-SA36,103 Section 103. 111.06 (2) (i) of the statutes is amended to read:

AB40-SA36,72,16 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB40-SA36,104 Section 104. 111.075 of the statutes is created to read:

AB40-SA36,72,25 111.075 Fair-share and maintenance of membership agreements. (1) (a) No fair-share or maintenance of membership 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 in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. If the petition requests a referendum on a maintenance of membership agreement only, the ballot shall be limited to that question.

AB40-SA36,73,7 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible employees voting in a referendum must vote for the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible employees voting in a referendum must vote for the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible employees vote for the agreement, a maintenance of membership agreement is authorized.

AB40-SA36,73,21 (c) If a fair-share or maintenance of membership agreement is authorized under par. (b), the employer shall enter into a fair-share or maintenance of membership agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement must require the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees affected by the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, the agreement takes effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits, and other forms of liability made by employees or local labor organizations which may arise for actions the employer takes in compliance with this section. All lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB40-SA36,74,2 (d) Under each fair-share or maintenance of membership agreement, an employee 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 and the labor organization. Any dispute under this paragraph may be submitted to the commission for adjudication.

AB40-SA36,74,16 (2) (a) Once authorized, a fair-share or maintenance of membership 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 in the collective bargaining unit want to discontinue the fair-share or maintenance of membership agreement, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting employees 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 continuation of the agreement is not supported in any referendum, it terminates at the expiration of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB40-SA36,74,24 (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 in the collective bargaining unit involved, and the agreement shall be subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB40-SA36,75,3 (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-SA36,75,6 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the University of Wisconsin Hospitals and Clinics Authority to conduct the referenda provided for in this section.

AB40-SA36,75,8 (5) This section applies only in collective bargaining units comprised of employees of the University of Wisconsin Hospitals and Clinics Authority.

AB40-SA36,105 Section 105. 111.115 (title) of the statutes is amended to read:

AB40-SA36,75,10 111.115 (title) Notice of certain proposed lockouts or strikes.

AB40-SA36,106 Section 106. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and amended to read:

AB40-SA36,75,13 111.115 (1) (intro.) In this section, "strike" subsection:

AB40-SA36,75,17 (b) "Strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.

AB40-SA36,107 Section 107. 111.115 (1) (a) of the statutes is created to read:

AB40-SA36,75,24 111.115 (1) (a) "Lockout" means the barring of any employee from employment in an establishment by an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor organization or group of employees of the employer, or which continues or occurs after the termination of a strike or other job action of a labor organization or group of employees of the employer.

AB40-SA36,108 Section 108. 111.115 (2) of the statutes is created to read:

AB40-SA36,76,8 111.115 (2) If no collective bargaining agreement is in effect between the University of Wisconsin Hospitals and Clinics Authority and the recognized or certified representative of employees of that authority in a collective bargaining unit, the employer may not engage in a lockout affecting employees in that collective bargaining unit without first giving 10 days' written notice to the representative of its intention to engage in a lockout, and the representative may not engage in a strike without first giving 10 days' written notice to the employer of its intention to engage in a strike.

AB40-SA36,109 Section 109. 111.17 of the statutes is renumbered 111.17 (intro.) and amended to read:

AB40-SA36,76,13 111.17 Conflict of provisions; effect. (intro.) Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that in for the following:

AB40-SA36,76,15 (1) In any situation where in which the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB40-SA36,110 Section 110. 111.17 (2) of the statutes is created to read:

AB40-SA36,77,2 111.17 (2) All fringe benefits authorized or required to be provided by the University of Wisconsin Hospitals and Clinics Authority to its employees under ch. 40 shall be governed exclusively by ch. 40, except that if any provision of ch. 40 specifically permits a collective bargaining agreement under this subchapter to govern the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40 shall be governed by a collective bargaining agreement under this subchapter, such a provision in a collective bargaining agreement supersedes any provision of ch. 40 with respect to the employees to whom the agreement applies. The employer is prohibited from engaging in collective bargaining concerning any matter governed exclusively by ch. 40 under this subsection.

AB40-SA36,111 Section 111. 111.70 (1) (a) of the statutes is amended to read:

AB40-SA36,77,18 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or transit employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n), except as provided in sub. subs. (3m), (3p), and (4) (mb) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety municipal employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-SA36,112 Section 112. 111.70 (1) (cm) of the statutes is repealed.

AB40-SA36,113 Section 113. 111.70 (1) (f) of the statutes is amended to read:

AB40-SA36,78,2 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees or transit employees under which all or any of the public safety municipal employees or transit employees in the 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-SA36,114 Section 114. 111.70 (1) (fm) of the statutes is repealed.

AB40-SA36,115 Section 115. 111.70 (1) (j) of the statutes is amended to read:

AB40-SA36,78,12 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but does not include a local cultural arts district created under subch. V of ch. 229.

AB40-SA36,116 Section 116. 111.70 (1) (mm) of the statutes is repealed.

AB40-SA36,117 Section 117. 111.70 (1) (n) of the statutes is amended to read:

AB40-SA36,78,18 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission in which public safety employees or transit municipal employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement.

AB40-SA36,118 Section 118. 111.70 (1) (p) of the statutes is repealed.

AB40-SA36,119 Section 119. 111.70 (1g) of the statutes is created to read:

AB40-SA36,79,3 111.70 (1g) Declaration of policy. (a) The public policy of the state as to labor disputes arising in municipal employment is to encourage voluntary settlement through the procedures of collective bargaining. Accordingly, it is in the public interest that municipal employees so desiring be given an opportunity to bargain collectively with the municipal employer through a labor organization or other representative of the employees' own choice. If such procedures fail, the parties should have available to them a fair, speedy, effective and, above all, peaceful procedure for settlement as provided in this subchapter.

AB40-SA36,79,9 (b) In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB40-SA36,120 Section 120. 111.70 (2) of the statutes is amended to read:

AB40-SA36,80,13 111.70 (2) Rights of municipal employees. Municipal 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, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, except that an employee may be required to pay dues in the manner provided in a fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring require the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30% of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare suspend any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed, or sex to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit municipal employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB40-SA36,121 Section 121. 111.70 (3) (a) 3. of the statutes is amended to read:

AB40-SA36,80,18 111.70 (3) (a) 3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement that covers public safety employees or transit employees.

AB40-SA36,122 Section 122. 111.70 (3) (a) 5. of the statutes is amended to read:

AB40-SA36,81,3 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting public safety employees or transit municipal employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB40-SA36,123 Section 123. 111.70 (3) (a) 6. of the statutes is amended to read:

AB40-SA36,81,11 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public safety employee or a transit municipal employee, unless the municipal 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 public safety employee or transit municipal employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except when a fair-share agreement is in effect.

AB40-SA36,124 Section 124. 111.70 (3) (a) 7. of the statutes is created to read:

AB40-SA36,81,14 111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).

AB40-SA36,125 Section 125. 111.70 (3) (a) 7m. of the statutes is repealed.

AB40-SA36,126 Section 126. 111.70 (3) (a) 9. of the statutes is amended to read:

AB40-SA36,81,20 111.70 (3) (a) 9. If the collective bargaining unit contains a public safety employee or transit employee, after After a collective bargaining agreement expires and before another collective bargaining agreement takes effect, to fail to follow any fair-share agreement in the expired collective bargaining agreement.

AB40-SA36,127 Section 127. 111.70 (3) (b) 6. of the statutes is created to read:

AB40-SA36,81,23 111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cm).

AB40-SA36,128 Section 128. 111.70 (3) (b) 6m. of the statutes is repealed.

AB40-SA36,129 Section 129. 111.70 (3g) of the statutes is repealed.

AB40-SA36,130 Section 130. 111.70 (3m) of the statutes is created to read:

AB40-SA36,82,7 111.70 (3m) Milwaukee County enrollment services unit. A collective bargaining agreement that covers municipal employees performing services for the Milwaukee County enrollment services unit under s. 49.825 must contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.825 (3) (b) 4.

AB40-SA36,131 Section 131. 111.70 (3p) of the statutes is created to read:

AB40-SA36,82,13 111.70 (3p) Child care provider services unit. A collective bargaining agreement that covers municipal employees performing services for the child care provider services unit under s. 49.826 must contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.826 (3) (b) 4.

AB40-SA36,132 Section 132. 111.70 (4) (bm) of the statutes is repealed.

AB40-SA36,133 Section 133. 111.70 (4) (c) (title) of the statutes is amended to read: