AB748-SA2,58,2115
230.44
(1) (c)
Demotion, layoff, suspension or discharge. If an employee has
16permanent status in class, or an employee has served with the state as an assistant
17district attorney or an assistant state public defender for a continuous period of 12
18months or more, the employee may appeal a demotion, layoff, suspension, discharge
19or reduction in base pay to the commission as the final step in the state employee
20grievance
process procedure established under s.
230.445 230.04 (14), if the appeal
21alleges that the decision was not based on just cause.
AB748-SA2,78
22Section
78. 230.44 (1) (e) of the statutes is amended to read:
AB748-SA2,59,223
230.44
(1) (e)
Discretionary performance awards. This subsection does not
24apply to decisions of an appointing authority relating to discretionary performance
25awards under s. 230.12 (5)
or under the discretionary merit award program
1established under s. 230.04 (19), including the evaluation methodology and results
2used to determine the award or the amount awarded.
AB748-SA2,79
3Section
79. 230.445 of the statutes is repealed.
AB748-SA2,80
4Section
80. 321.65 (3) (g) of the statutes is amended to read:
AB748-SA2,59,95
321.65
(3) (g)
Veterans preferences. The right of a person to reemployment
6under this subsection does not entitle the person to retention, preference, or
7displacement rights over any person who has a superior claim under s. 45.03 (4),
862.13 (4) (d), 63.08 (1) (f)
or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
9(7) or (7m), 230.21 (1m), 230.25, or 230.275.”.
AB748-SA2,59,14
12111.01 Declaration of policy. The public policy of the state as to employment
13relations and collective bargaining, in the furtherance of which this subchapter is
14enacted, is declared to be as follows:
AB748-SA2,59,18
15(1) It recognizes that there are 3 major interests involved, namely: the public,
16the employee, and the employer. These 3 interests are to a considerable extent
17interrelated. It is the policy of the state to protect and promote each of these interests
18with due regard to the situation and to the rights of the others.
AB748-SA2,60,8
19(2) Industrial peace, regular and adequate income for the employee, and
20uninterrupted production of goods and services are promotive of all of these
21interests. They are largely dependent upon the maintenance of fair, friendly, and
22mutually satisfactory employment relations and the availability of suitable
23machinery for the peaceful adjustment of whatever controversies may arise. It is
24recognized that certain employers, including farmers, farmer cooperatives, and
1unincorporated farmer cooperative associations, in addition to their general
2employer problems, face special problems arising from perishable commodities and
3seasonal production which require adequate consideration. It is also recognized that
4whatever may be the rights of disputants with respect to each other in any
5controversy regarding employment relations, they should not be permitted, in the
6conduct of their controversy, to intrude directly into the primary rights of 3rd parties
7to earn a livelihood, transact business, and engage in the ordinary affairs of life by
8any lawful means and free from molestation, interference, restraint, or coercion.
AB748-SA2,60,13
9(3) Negotiations of terms and conditions of work should result from voluntary
10agreement between employer and employee. For the purpose of such negotiation an
11employee has the right, if the employee desires, to associate with others in organizing
12and bargaining collectively through representatives of the employee's own choosing,
13without intimidation or coercion from any source.
AB748-SA2,60,20
14(4) It is the policy of the state, in order to preserve and promote the interests
15of the public, the employee, and the employer alike, to establish standards of fair
16conduct in employment relations and to provide a convenient, expeditious, and
17impartial tribunal by which these interests may have their respective rights and
18obligations adjudicated. While limiting individual and group rights of aggression
19and defense, the state substitutes processes of justice for the more primitive methods
20of trial by combat.
AB748-SA2,7d
21Section 7d. 111.04 (1) and (2) of the statutes are consolidated, renumbered
22111.04 and amended to read:
AB748-SA2,61,5
23111.04 Rights of employees. Employees shall have the right of
24self-organization and the right to form, join
, or assist labor organizations, to bargain
25collectively through representatives of their own choosing, and to engage in lawful,
1concerted activities for the purpose of collective bargaining or other mutual aid or
2protection.
(2) Employees shall
also have the right to refrain from self-organization;
3forming, joining, or assisting labor organizations; bargaining collectively through
4representatives; or engaging in activities for the purpose of collective bargaining or
5other mutual aid or protection.
AB748-SA2,7e
6Section 7e. 111.04 (3) of the statutes is repealed.
AB748-SA2,7f
7Section 7f. 111.06 (1) (c) of the statutes is amended to read:
AB748-SA2,62,108
111.06
(1) (c) To encourage or discourage membership in any labor
9organization, employee agency, committee, association, or representation plan by
10discrimination in regard to hiring, tenure, or other terms or conditions of
11employment
except in a collective bargaining unit where an all-union, fair-share,
12or maintenance of membership agreement is in effect. An employer may enter into
13an all-union agreement with the voluntarily recognized representative of the
14employees in a collective bargaining unit, where at least a majority of such employees
15voting have voted affirmatively, by secret ballot, in favor of the all-union agreement
16in a referendum conducted by the commission, except that where the bargaining
17representative has been certified by either the commission or the national labor
18relations board as the result of a representation election, no referendum is required
19to authorize the entry into an all-union agreement. An authorization of an all-union
20agreement continues, subject to the right of either party to the all-union agreement
21to petition the commission to conduct a new referendum on the subject. Upon receipt
22of the petition, if the commission determines there is reasonable ground to believe
23that the employees concerned have changed their attitude toward the all-union
24agreement, the commission shall conduct a referendum. If the continuance of the
25all-union agreement is supported on a referendum by a vote at least equal to that
1provided in this paragraph for its initial authorization, it may continue, subject to
2the right to petition for a further vote by the procedure under this paragraph. If the
3continuance of the all-union agreement is not supported on a referendum, it
4terminates at the expiration of the contract of which it is then a part or at the end
5of one year from the date of the announcement by the commission of the result of the
6referendum, whichever is earlier. The commission shall declare any all-union
7agreement terminated whenever it finds that the labor organization involved has
8unreasonably refused to receive as a member any employee of such employer. An
9interested person may, as provided in s. 111.07, request the commission to perform
10this duty.
AB748-SA2,7g
11Section 7g. 111.06 (1) (e) of the statutes is amended to read:
AB748-SA2,62,1412
111.06
(1) (e) To bargain collectively with the representatives of less than a
13majority of the employer's employees in a collective bargaining unit, or to enter into
14an all-union agreement
except in the manner provided in par. (c).
AB748-SA2,7h
15Section 7h. 111.06 (1) (i) of the statutes is amended to read:
AB748-SA2,62,2316
111.06
(1) (i) To deduct labor organization dues or assessments from an
17employee's earnings, unless the employer has been presented with an individual
18order therefor, signed by the employee personally, and terminable by the employee
19giving to the employer at least 30 days' written notice of the termination
. This
20paragraph applies to the extent permitted under federal law
unless there is an
21all-union, fair-share, or maintenance of membership agreement in effect. The
22employer shall give notice to the labor organization of receipt of a notice of
23termination.
AB748-SA2,7i
24Section 7i. 111.06 (1) (m) of the statutes is created to read:
AB748-SA2,63,2
1111.06
(1) (m) To fail to give the notice of intention to engage in a lockout
2provided in s. 111.115 (2).
AB748-SA2,11t
3Section 11t. 947.20 of the statutes is repealed.”
.
AB748-SA2,63,5
5“
Section 7c. 111.39 (4) (d) of the statutes is amended to read:
AB748-SA2,63,196
111.39
(4) (d) The department shall serve a certified copy of the findings and
7order on the respondent, the order to have the same force as other orders of the
8department and be enforced as provided in s. 103.005.
The department shall also
9serve a certified copy of the findings and order on the complainant, together with a
10notice advising the complainant about the right to seek, and the time for seeking,
11review by the commission under sub. (5); about the right to bring, and the time for
12bringing, an action for judicial review under s. 111.395; and about the right to bring,
13and the time for bringing, an action under s. 111.397 (1) (a). Any person aggrieved
14by noncompliance with the order may have the order enforced specifically by suit in
15equity. If the examiner finds that the respondent has not engaged in discrimination,
16unfair honesty testing, or unfair genetic testing as alleged in the complaint, the
17department shall serve a certified copy of the examiner's findings
served on the
18complainant
, together with shall be accompanied by an order dismissing the
19complaint.
AB748-SA2,7g
20Section 7g. 111.39 (5) (b) of the statutes is amended to read:
AB748-SA2,64,721
111.39
(5) (b) If
no petition is filed the respondent or complainant does not file
22a petition under par. (a) within 21 days from the date that a copy of the findings and
23order of the examiner is
mailed to the last-known address of the respondent served
24on that party, the findings and order shall be considered final for purposes of
1enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review,
2may either affirm, reverse
, or modify the findings or order in whole or in part
, or set
3aside the findings and order and remand to the department for further proceedings.
4Such actions shall be based on a review of the evidence submitted. If the commission
5is satisfied that a respondent or complainant has been prejudiced because of
6exceptional delay in the receipt of a copy of any findings and order
, it the commission 7may extend the time another 21 days for filing the petition with the department.
AB748-SA2,7n
8Section 7n. 111.39 (5) (d) of the statutes is created to read:
AB748-SA2,64,149
111.39
(5) (d) The commission shall serve a certified copy of the commission's
10decision on the respondent. The commission shall also serve a certified copy of the
11commission's decision on the complainant, together with a notice advising the
12complainant about the right to bring, and the time for bringing, an action for judicial
13review under s. 111.395 and about the right to bring, and the time for bringing, an
14action under s. 111.397 (1) (a).
AB748-SA2,7r
15Section 7r. 111.397 of the statutes is created to read:
AB748-SA2,65,2
16111.397 Civil action. (1) (a) Except as provided in this paragraph, the
17department or a person alleged or found to have been discriminated against or
18subjected to unfair honesty testing or unfair genetic testing may bring an action in
19circuit court requesting the relief described in sub. (2) (a) against any employer, labor
20organization, or employment agency that is alleged or found to have engaged in that
21discrimination, unfair honesty testing, or unfair genetic testing. The department or
22a person alleged or found to have been discriminated against or subjected to unfair
23honesty testing or unfair genetic testing may not bring an action under this
24paragraph against any local governmental unit, as defined in s. 19.42 (7u), or against
25any employer, labor organization, or employment agency employing fewer than 15
1individuals for each working day in each of 20 or more calendar weeks in the current
2or preceding year.
AB748-SA2,65,63
(b) If a petition for judicial review of the findings and order of the commission
4concerning the same violation as the violation giving rise to the action under par. (a)
5is filed, the circuit court shall consolidate the proceeding for judicial review and the
6action under par. (a).
AB748-SA2,65,107
(c) A person alleged or found to have been discriminated against or subjected
8to unfair honesty testing or unfair genetic testing is not required to file a complaint
9under s. 111.39 or seek review under s. 111.395 in order for the department or the
10person to bring an action under par. (a).
AB748-SA2,66,2
11(2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit
12court finds that discrimination, unfair honesty testing, or unfair genetic testing has
13occurred, or if such a finding has been made by an examiner or the commission and
14not been further appealed, the circuit court may order any relief that an examiner
15would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint
16filed under s. 111.39. In addition, the circuit court shall order the defendant to pay
17to the person discriminated against or subjected to unfair honesty testing or unfair
18genetic testing any other compensatory damages, and punitive damages under s.
19895.043 that the circuit court or jury finds appropriate, plus reasonable costs and
20attorney fees incurred in the action. If any relief was ordered under s. 111.39 or
21111.395, the circuit court shall specify whether the relief ordered under this
22paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395.
23The sum of the amount of compensatory damages for future economic losses and for
24pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and
1other noneconomic losses and the amount of punitive damages that a circuit court
2may order may not exceed the following:
AB748-SA2,66,53
1. In the case of a defendant that employs 100 or fewer employees for each
4working day in each of 20 or more calendar weeks in the current or preceding year,
5$50,000.
AB748-SA2,66,86
2. In the case of a defendant that employs more than 100 but fewer than 201
7employees for each working day in each of 20 or more calendar weeks in the current
8or preceding year, $100,000.
AB748-SA2,66,119
3. In the case of a defendant that employs more than 200 but fewer than 501
10employees for each working day in each of 20 or more calendar weeks in the current
11or preceding year, $200,000.
AB748-SA2,66,1412
4. In the case of a defendant that employs more than 500 employees for each
13working day in each of 20 or more calendar weeks in the current or preceding year,
14$300,000.
AB748-SA2,66,1715
(b) If the circuit court orders any payment under par. (a) because of a violation
16of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the
17employer of that individual is liable for the payment.
AB748-SA2,66,2018
(c) 1. In this paragraph, “consumer price index" means the average of the
19consumer price index for all urban consumers, U.S. city average, as determined by
20the bureau of labor statistics of the federal department of labor.
AB748-SA2,67,821
2. Except as provided in this subdivision, beginning on July 1, 2019, and on
22each July 1 after that, the department shall adjust the amounts specified in par. (a)
231., 2., 3., and 4. by calculating the percentage difference between the consumer price
24index for the 12-month period ending on December 31 of the preceding year and the
25consumer price index for the 12-month period ending on December 31 of the year
1before the preceding year and adjusting those amounts by that percentage
2difference. The department shall publish the adjusted amounts calculated under
3this subdivision in the Wisconsin Administrative Register, and the adjusted amounts
4shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year
5of publication. This subdivision does not apply if the consumer price index for the
612-month period ending on December 31 of the preceding year did not increase over
7the consumer price index for the 12-month period ending on December 31 of the year
8before the preceding year.
AB748-SA2,7w
9Section 7w. 814.04 (intro.) of the statutes is amended to read:
AB748-SA2,67,14
10814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
11(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a),
111.397 (2) (a), 115.80 (9), 767.553 (4) (d),
12769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3),
13895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
14when allowed costs shall be as follows:”.
AB748-SA2,68,217
(1)
No later than the effective date of this subsection, an employer, as defined
18in section 103.035 (1) (e) of the statutes, shall provide each service employee, as
19defined in section 103.035 (1) (L) of the statutes, with a written copy of the service
20employee's work schedule, as defined in section 103.035 (1) (o) of the statutes. That
21work schedule is considered a work schedule provided to a service employee under
22section 103.035 (3) (a) 2. of the statutes for all purposes under section 103.035 of the
23statutes, including that the employer shall post a copy of the work schedule as
1provided in section 103.035 (3) (a) 3. of the statutes and, if the employer changes that
2work schedule, section 103.035 (3) (a) 2. of the statutes applies to that change.”.
AB748-SA2,68,85
(1) The department of workforce development shall submit in proposed form
6the rules required under section 103.105 (11) (b) of the statutes to the legislative
7council staff under section 227.15 (1) of the statutes no later than the first day of the
84th month beginning after the effective date of this subsection.
AB748-SA2,68,129
(2) (a) Notwithstanding section 227.135 (2) of the statutes, the department of
10workforce development is not required to present the statement of the scope of the
11rules required under section 103.105 (11) (b) of the statutes to the governor for
12approval.
AB748-SA2,68,1513
(b) Notwithstanding section 227.185 of the statutes, the department of
14workforce development is not required to present the rules required under section
15103.105 (11) (b) of the statutes in final draft form to the governor for approval.
AB748-SA2,68,1816
(c) Notwithstanding section 227.137 (2) of the statutes, the department of
17workforce development is not required to prepare an economic impact analysis for
18the rules required under section 103.105 (11) (b) of the statutes.
AB748-SA2,68,2319
(d) Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the
20department of workforce development is not required to submit the proposed rules
21required under section 103.105 (11) (b) of the statutes to the small business
22regulatory review board and is not required to prepare a final regulatory flexibility
23analysis for those rules.
AB748-SA2,69,13
1(3) Using the procedure under section 227.24 of the statutes, the department
2of workforce development shall promulgate the rules required under section 103.105
3(11) (b) of the statutes for the period before the effective date of the permanent rules
4promulgated under section 103.105 (11) (b) of the statutes but not to exceed the
5period authorized under section 227.24 (1) (c) of the statutes, subject to extension
6under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2)
7(b), and (3) of the statutes, the department is not required to provide evidence that
8promulgating a rule under this subsection as an emergency rule is necessary for the
9preservation of public peace, health, safety, or welfare and is not required to provide
10a finding of an emergency for a rule promulgated under this subsection.
11Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the department is
12not required to prepare a statement of the scope of the rules promulgated under this
13subsection or present the rules to the governor for approval.”.
AB748-SA2,69,19
15“
(2) The treatment of sections 103.035 and 111.322 (2m) (a) and (b) of the
16statutes and
Section 12m of this act first apply to an employee who is covered by a
17collective bargaining agreement that contains provisions inconsistent with section
18103.035 of the statutes on the day on which the collective bargaining agreement
19expires or is extended, modified, or renewed, whichever occurs first.
AB748-SA2,69,22
21(1) This act takes effect on the first day of the 6th month beginning after
22publication.”.
AB748-SA2,70,3
1“(2m) The treatment of section 66.0145 of the statutes and the creation of
2section 16.754 (2) (a) of the statutes first apply to purchases made in the fiscal year
3that begins in the year after this subsection takes effect.
AB748-SA2,70,64
(3m) The treatment of section 16.754 (2m) of the statutes first applies to
5responses made and bids submitted in the fiscal year that begins in the year after
6this subsection takes effect.”.
AB748-SA2,70,10
8“(1m) The treatment of sections 63.08 (1) (fm) and 230.25 (1g) and (1m) of the
9statutes first applies to a position that is posted on the effective date of this
10subsection.
AB748-SA2,70,1211
(2m) The treatment of section 230.28 (1) (a), (am), and (c) of the statutes first
12applies to a probationary period that begins on the effective date of this subsection.
AB748-SA2,70,1513
(3m) The treatment of section 230.34 (1) (a) (intro.) and (am) of the statutes first
14applies to employee discipline for conduct that occurs on the effective date of this
15subsection.
AB748-SA2,70,1716
(4m) The treatment of section 230.44 (1) (c) of the statutes first applies to an
17action taken against an employee on the effective date of this subsection.
AB748-SA2,70,1918
(5m) The treatment of section 230.40 (3) of the statutes first applies to a person
19who separates from the classified service on the effective date of this subsection.”.
AB748-SA2,71,2
21“
(2) The treatment of sections 103.135, 106.54 (11), and 111.322 (2m) (a) and
22(b) of the statutes first applies to an employee who is affected by a collective
23bargaining agreement that contains provisions inconsistent with this act on the day
1on which the collective bargaining agreement expires or is extended, modified, or
2renewed, whichever occurs first.”.
AB748-SA2,71,6
4“
(2m) The treatment of sections 16.75 (1p), 16.855 (1p), 66.0901 (1) (ae) and
5(am), (6), (6m), and (6s) of the statutes first applies to bids or proposals solicited on
6the effective date of this subsection.”.
AB748-SA2,71,11
8“
(2) The treatment of sections 111.39 (4) (d) and (5) (b) and (d), 111.397, and
9814.04 (intro.) of the statutes first applies to acts of employment discrimination,
10unfair honesty testing, or unfair genetic testing committed on the effective date of
11this subsection.”.
AB748-SA2,71,14
13“(2) Except as provided in subsection (4), the treatment of section 103.105 (7)
14of the statutes first applies to wages earned on January 1, 2021.
AB748-SA2,71,1815
(3) Except as provided in subsection (4), the treatment of section 103.105 (2)
16(a) and (c) of the statutes first applies to a period of family leave, as defined in section
17103.105 (1) (h) of the statutes, or a period of medical leave, as defined in section
18103.105 (1) (L) of the statutes, commencing on January 1, 2022.
AB748-SA2,72,319
(4) The treatment of sections 20.445 (1) (w), 25.17 (1) (er), 25.52, 71.05 (6) (b)
2054., 103.10 (1) (ap), (b), (c), (dm), (dp), and (gm), (1m) (b) 4., (3) (a) 1. and (b) 3. and
214., (6) (b) (intro.) and 1. and (c), (7) (a), (b) (intro.) and 1., and (d), (12) (c), and (14)
22(a), 103.105, and 111.322 (2m) (a) and (b) of the statutes, the repeal of section 103.10
23(1) (a) 1. and 2. and (14) (b) of the statutes, and the renumbering and amendment of
24section 103.10 (1) (a) (intro.) of the statutes first apply to an employee who is affected
1by a collective bargaining agreement that contains provisions inconsistent with this
2act on the day on which the collective bargaining agreement expires or is extended,
3modified, or renewed.”.
AB748-SA2,72,9
5“(2m) The appropriate provisions regarding prevailing wage first apply, with
6respect to a project of public works that is subject to bidding, to a project for which
7the request for bids is issued on the effective date of this subsection and, with respect
8to a project of public works that is not subject to bidding, to a project the contract for
9which is entered into on the effective date of this subsection.
AB748-SA2,72,1210
(3m) The treatment of sections 66.0903 (10) (d), 111.322 (2m) (c), and 229.8275
11of the statutes first applies to acts of discrimination that occur on the effective date
12of this subsection.”.
AB748-SA2,72,17
14“(2m) The treatment of sections 109.09 (1) (with respect to the receipt and
15investigation of a wage claim) and (2) (b) 3., 109.11 (1) (a), (b), and (c), (2) (a) and (b),
16and (4), and 893.44 (1) and (2) of the statutes first applies to wages earned on the
17effective date of this subsection.
AB748-SA2,72,2018
(3m) The treatment of sections 109.03 (5) and 109.09 (1) (with respect to the
19filing of a wage claim) of the statutes first applies to a wage claim action commenced
20or a wage claim filed on the effective date of this subsection.
AB748-SA2,72,2321
(4m) The treatment of sections 103.40 and 109.01 (3m) of the statutes first
22applies to an employee hired on, or a change in a term of employment effective 7 days
23after, the effective date of this subsection.
AB748-SA2,73,3
1(5m) The treatment of section 103.35 (3) of the statutes first applies to an
2application for issuance or renewal of a professional or occupational license filed on
3the effective date of this subsection.”.
AB748-SA2,73,4
440. At the appropriate places, insert all of the following: