AB150,1323,95 103.92 (1) Application; fee. Every person maintaining a migrant labor camp
6shall, annually by April 1 or 30 days prior to the opening of a new camp, make
7application to the department to operate a camp. Each application shall be
8accompanied by a nonreturnable an application fee in an amount determined by the
9department, but not to exceed $25.
AB150, s. 3765 10Section 3765. 104.04 of the statutes is amended to read:
AB150,1323,22 11104.04 Classifications; department's authority. The department shall
12investigate, ascertain, determine and fix such reasonable classifications, and shall
13impose general or special orders, determining the living-wage, and shall carry out
14the purposes of ss. 104.01 to 104.12. Such investigations, classifications and orders
15shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby
16made a part hereof, so far as not inconsistent with ss. 104.01 to 104.12; and every
17order of the department shall have the same force and effect as the orders issued
18pursuant to said ss. 101.01 to 101.25
as provided under s. 103.005, and the penalties
19therein specified in s. 103.005 (12) shall apply to and be imposed for any violation of
20ss. 104.01 to 104.12. The department may not establish a different minimum wage
21for men and women. Said orders shall be subject to review in the manner provided
22in ch. 227.
AB150, s. 3766 23Section 3766. 105.15 of the statutes is amended to read:
AB150,1324,8 24105.15 General powers of department applicable; penalties. Such
25investigations, classifications and orders shall be made pursuant to the proceeding

1in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent
2with this chapter, and every order of the department shall have the same force and
3effect as the orders issued pursuant to said ss. 101.01 to 101.25
as provided in s.
4103.005
and the penalties therein specified in s. 103.005 (12) shall apply to and be
5imposed for any violation of ss. 105.01 to 105.11 or 105.13 to 105.15. The department
6may also order a person who operates an employment agency in violation of s. 105.05
7(1) to make refunds as provided under s. 105.16 (2). Orders issued under this section
8are subject to review in the manner provided in ch. 227.
AB150, s. 3767 9Section 3767. Chapter 106 (title) of the statutes is amended to read:
AB150,1324,1010 CHAPTER 106
AB150,1324,12 11MASTER AND APPRENTICE and
12 employment programs
AB150, s. 3768 13Section 3768. Subchapter I (title) of chapter 106 [precedes 106.01] of the
14statutes is created to read:
AB150,1324,1515 Chapter 106
AB150,1324,1716 Subchapter I
17 Apprentice programs
AB150, s. 3769 18Section 3769. 106.01 (9) of the statutes is amended to read:
AB150,1325,519 106.01 (9) It shall be the duty of the department, and it shall have power,
20jurisdiction and authority, to investigate, ascertain, determine and fix such
21reasonable classifications and to issue rules and regulations, and general or special
22orders and to hold hearings and make findings and render orders thereon as shall
23be necessary to carry out the intent and purposes of s. 106.01. Such hearings,
24investigations, classifications, findings and orders shall be made pursuant to the
25proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not

1inconsistent with s. 106.01; and every order of the department shall have the same
2force and effect as the orders issued pursuant to said ss. 101.01 to 101.25
as provided
3in s. 103.005
and the penalties therein specified in s. 103.005 (12) shall apply to and
4be imposed for any violations of s. 106.01, excepting as to the penalties provided in
5s. 106.01 (8). Said orders shall be subject to review in the manner provided in ch. 227.
AB150, s. 3770 6Section 3770. Subchapter II (title) of chapter 106 [precedes 106.04] of the
7statutes is created to read:
AB150,1325,88 Chapter 106
AB150,1325,109 Subchapter II
10 Employment programs
AB150, s. 3771 11Section 3771 . 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin
12Act .... (this act), section 239 , is amended to read:
AB150,1325,1813 106.215 (1) (fm) "Public assistance" means general relief under s. 49.02, relief
14of needy Indian persons under s. 49.046
relief provided by counties under s. 59.07
15(154)
, aid to families with dependent children under s. 49.19, medical assistance
16under ss. 49.45 to 49.47, low-income energy assistance under s. 49.80,
17weatherization assistance under s. 16.39 and the food stamp program under 7 USC
182011
to 2029.
****Note: The question marks in the bill Section heading must be filled in with an auto-reference at the appropriate
time.
****Note: This is reconciled s. 106.215 (1) (fm). This Section has been affected by drafts
with the following LRB numbers: -1701/3, -2153/1 and 2602/2.
AB150, s. 3772 19Section 3772 . 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin
20Act .... (this act), sections 239 and 3771, is amended to read:
AB150,1326,321 106.215 (1) (fm) "Public assistance" means relief provided by counties under
22s. 59.07 (154), aid to families with dependent children under s. 49.19, medical

1assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, low-income energy assistance
2under s. 49.80 16.385, weatherization assistance under s. 16.39 and the food stamp
3program under 7 USC 2011 to 2029.
****Note: This is reconciled s. 106.215. This Section has been affected by drafts with the
following LRB numbers: -1701/3, -2153/1 and -2602/2.
AB150, s. 3773 4Section 3773. 106.215 (6) (dm) of the statutes is created to read:
AB150,1326,75 106.215 (6) (dm) Benefits to enrollees. The extent to which the sponsor will
6provide to the corps enrollees on the project additional wages or other additional
7benefits.
****Note: This is reconciled s. 106.215 (6) (dm). This Section has been affected by drafts
with the following LRB numbers: 95-2602 and 95-1432.
AB150, s. 3774 8Section 3774. 106.215 (8g) of the statutes is created to read:
AB150,1326,119 106.215 (8g) Partnership projects. (a) If a sponsor pays for the total cost of
10a project, the board may select and approve a project without using the guidelines
11established under sub. (6).
AB150,1326,1612 (b) If the department of corrections is a sponsor of a project that is approved
13under this subsection, the corps members on the project shall be prisoners in state
14prison, probationers or parolees and the members of the project shall receive
15applicable alcohol or other drug abuse treatment and educational programming
16services for a portion of each work week, but not to exceed 8 hours per work week.
****Note: This is reconciled s. 16.20 (8g). This Section has been affected by drafts with the
following LRB numbers: LRB-1306 and LRB-2602.
AB150, s. 3775 17Section 3775. 106.215 (8m) of the statutes is created to read:
AB150,1327,218 106.215 (8m) Administrative project. In addition to the projects authorized
19under this section, the board may approve one project that provides employment for
20corps enrollees in an administrative work or training project sponsored by the

1Wisconsin conservation corps. Subsections (5) (a) to (d), (6) and (8) (d), (g) to (j) and
2(k) 1. do not apply to a project approved under this subsection.
****Note: This is reconciled s. 16.20 (8m). This Section has been affected by drafts with the
following LRB numbers: LRB-1300 and LRB-2602.
AB150, s. 3776 3Section 3776. 107.30 (4) of the statutes is amended to read:
AB150,1327,54 107.30 (4) "Department" means the department of industry, labor and human
5relations
development.
AB150, s. 3777 6Section 3777. 108.02 (13) (k) of the statutes is amended to read:
AB150,1327,127 108.02 (13) (k) "Employer" does not include a county department or aging unit
8that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal
9agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a
10person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277,
1146.278, 49.52, 46.495, 51.42 or 51.437 or personal assistance services under s. 47.02
12(4) (c).
AB150, s. 3778 13Section 3778. 108.105 of the statutes is amended to read:
AB150,1327,23 14108.105 Suspension of agents. The department may suspend the privilege
15of any agent to appear before the department at hearings under this chapter for a
16specified period if the department finds that the agent has engaged in an act of fraud
17or misrepresentation or repeatedly failed to comply with departmental rules, or has
18engaged in the solicitation of a claimant solely for the purpose of appearing at a
19hearing as the claimant's representative for pay. Prior to imposing a suspension
20under this section, the secretary of industry, labor and human relations or the
21secretary's designee shall conduct a hearing concerning the proposed suspension.
22The hearing shall be conducted under ch. 227 and the decision of the department may
23be appealed under s. 227.52.
AB150, s. 3779
1Section 3779. 108.14 (11) of the statutes is amended to read:
AB150,1328,122 108.14 (11) The department may require any employing unit which employs
3one or more individuals to perform work in this state to make such arrangements as
4will reasonably assure the department that the employing unit will keep such
5records, make such reports, and pay such contributions as are required under this
6chapter. Any employing unit which the department has notified, through notice
7served on it or sent by registered mail to its last-known address or served by
8publishing a notice under s. 180.1510 (4) (b) 1., that it is required to make such
9arrangements and which fails to do so within 20 days after such notification may,
10through proceedings instituted by the department in the circuit court for Dane
11county, be restrained from doing business in this state until it has made such
12arrangements.
AB150, s. 3780 13Section 3780. 108.141 (6) (a) of the statutes is amended to read:
AB150,1328,1714 108.141 (6) (a) Whenever an extended benefit period is to become effective as
15a result of a Wisconsin "on" indicator, or an extended benefit period is to be
16terminated as a result of a Wisconsin "off" indicator, the secretary of industry, labor
17and human relations
shall publish it as a class 1 notice under ch. 985.
AB150, s. 3781 18Section 3781. 108.142 (5) of the statutes is amended to read:
AB150,1328,2319 108.142 (5) Publish indicators. Whenever a Wisconsin supplemental benefit
20period is to become effective as a result of a Wisconsin "on" indicator under this
21section, or a Wisconsin supplemental benefit period is to be terminated as a result
22of a Wisconsin "off" indicator under this section, the secretary of industry, labor and
23human relations
shall publish it as a class 1 notice under ch. 985.
AB150, s. 3782 24Section 3782. 109.07 (1m) of the statutes is amended to read:
AB150,1329,15
1109.07 (1m) Subject to sub. (5) or (6), an employer who has decided upon a
2business closing or mass layoff in this state shall promptly notify the subunit of the
3department that administers s. 101.27 106.15, any affected employe, any collective
4bargaining representative of any affected employe, and the highest official of any
5municipality in which the affected employment site is located, in writing of such
6action no later than 60 days prior to the date that the business closing or mass layoff
7takes place. The employer shall provide in writing all information concerning its
8payroll, affected employes and the wages and other remuneration owed to such
9employes as the department may require. The department may in addition require
10the employer to submit a plan setting forth the manner in which final payment in
11full shall be made to affected employes. The department shall promptly provide a
12copy of the notice required under this subsection to the department of development
13and shall cooperate with the department of development in the performance of its
14responsibilities under s. 560.15. This subsection does not apply to a business closing
15or mass layoff that is caused by a strike or lockout.
AB150, s. 3783 16Section 3783. 111.07 (2) (a) of the statutes is amended to read:
AB150,1330,1517 111.07 (2) (a) Upon the filing with the commission by any party in interest of
18a complaint in writing, on a form provided by the commission, charging any person
19with having engaged in any specific unfair labor practice, it shall mail a copy of such
20complaint to all other parties in interest. Any other person claiming interest in the
21dispute or controversy, as an employer, an employe, or their representative, shall be
22made a party upon application. The commission may bring in additional parties by
23service of a copy of the complaint. Only one such complaint shall issue against a
24person with respect to a single controversy, but any such complaint may be amended
25in the discretion of the commission at any time prior to the issuance of a final order

1based thereon. The person or persons so complained of shall have the right to file an
2answer to the original or amended complaint and to appear in person or otherwise
3and give testimony at the place and time fixed in the notice of hearing. The
4commission shall fix a time for the hearing on such complaint, which will be not less
5than 10 nor more than 40 days after the filing of such complaint, and notice shall be
6given to each party interested by service on the party personally or by mailing a copy
7thereof to the party at the party's last-known post-office address at least 10 days
8before such hearing. In case a party in interest is located without the state and has
9no known post-office address within this state, a copy of the complaint and copies
10of all notices shall be filed in the office of the secretary of state with the department
11of revenue
and shall also be sent by registered mail to the last-known post-office
12address of such party. Such filing and mailing shall constitute sufficient service with
13the same force and effect as if served upon the party located within this state. Such
14hearing may be adjourned from time to time in the discretion of the commission and
15hearings may be held at such places as the commission shall designate.
AB150, s. 3784 16Section 3784. 111.07 (2) (b) 1. of the statutes is amended to read:
AB150,1331,317 111.07 (2) (b) 1. The commission shall have the power to issue subpoenas and
18administer oaths. Depositions may be taken in the manner prescribed by s. 101.02
19(14)
103.005 (13) (c). No person may be excused from attending and testifying or from
20producing books, records, correspondence, documents or other evidence in obedience
21to the subpoena of the commission on the ground that the testimony or evidence
22required of him or her may tend to incriminate him or her or subject him or her to
23a penalty or forfeiture under the laws of the state of Wisconsin; but no individual may
24be prosecuted or subjected to any penalty or forfeiture for or on account of testifying
25or producing evidence, documentary or otherwise, before the commission in

1obedience to a subpoena issued by it; provided, that an individual so testifying shall
2not be exempt from prosecution and punishment for perjury committed in so
3testifying.
AB150, s. 3785 4Section 3785. 111.07 (2) (d) of the statutes is amended to read:
AB150,1331,165 111.07 (2) (d) Each witness who appears before the commission by its order or
6subpoena at the request of the commission on its own motion shall receive for his or
7her attendance the fees and mileage provided for witnesses in civil cases in courts
8of record, which shall be audited and paid by the state in the same manner as other
9expenses are audited and paid, upon the presentation of properly verified vouchers
10approved by the chairperson of the commission and charged to the appropriation
11under s. 20.425 (1) (a) 20.547 (1) (a). Each witness who appears before the
12commission as a result of an order or subpoena issued by the commission at the
13request of a party shall receive for his or her attendance the fees and mileage as
14provided for witnesses in civil cases in courts of record, which shall be paid by the
15party requesting the order or subpoena in advance of the time set in the order or
16subpoena for attendance.
AB150, s. 3786 17Section 3786. 111.09 (1) of the statutes is amended to read:
AB150,1332,218 111.09 (1) The commission may adopt reasonable and proper rules and
19regulations relative to the exercise of its powers and authority and proper rules to
20govern its proceedings and to regulate the conduct of all elections and hearings. The
21commission shall, upon request, provide a transcript of a proceeding to any party to
22the proceeding for a fee prescribed by the commission at a uniform rate of not less
23than 60 cents per page. All transcript fees shall be deposited into the general fund,
24except that fees collected in excess of 60 cents per page for any transcript produced

1by a reporter who is not employed by the commission shall be deposited under the
2appropriation in s. 20.425 (1) (g) 20.547 (1) (h).
AB150, s. 3787 3Section 3787. 111.095 of the statutes is created to read:
AB150,1332,6 4111.095 Mediation. (1) No officer or employe of the commission may engage
5in mediation of any labor dispute or facilitate mediation of a labor dispute by any
6other person.
AB150,1332,9 7(2) The parties to a labor dispute may retain any person other than an officer
8or employe of the commission to engage in mediation of the dispute. The cost of
9mediation services shall be divided equally between the parties.
AB150, s. 3788 10Section 3788. 111.11 (1) of the statutes is repealed.
AB150, s. 3789 11Section 3789. 111.11 (2) of the statutes is renumbered 111.11 and amended to
12read:
AB150,1332,22 13111.11 (title) Mediation Notice of certain proposed strikes. Where the
14exercise of the right to strike by employes of any employer engaged in the state of
15Wisconsin in the production, harvesting or initial processing (the latter after leaving
16the farm) of any farm or dairy product produced in this state would tend to cause the
17destruction or serious deterioration of such product, the employes shall give to the
18commission at least 10 days' notice of their intention to strike and the commission
19shall immediately notify the employer of the receipt of such notice. Upon receipt of
20such notice, the commission shall take immediate steps to effect mediation, if
21possible. In the event of the failure of the efforts to mediate, the
The commission
22shall then endeavor to induce the parties to arbitrate the controversy.
AB150, s. 3790 23Section 3790. 111.39 (2) of the statutes is amended to read:
AB150,1333,324 111.39 (2) In carrying out this subchapter the department and its duly
25authorized agents are empowered to hold hearings, subpoena witnesses, take

1testimony and make investigations in the manner provided in ch. 101 s. 103.005. The
2department or its duly authorized agents may privilege witnesses testifying before
3them under the provisions of this subchapter against self-incrimination.
AB150, s. 3791 4Section 3791. 111.39 (4) (d) of the statutes is amended to read:
AB150,1333,125 111.39 (4) (d) The department shall serve a certified copy of the findings and
6order on the respondent, the order to have the same force as other orders of the
7department and be enforced as provided in ch. 101 s. 103.005. Any person aggrieved
8by noncompliance with the order may have the order enforced specifically by suit in
9equity. If the examiner finds that the respondent has not engaged in discrimination,
10unfair honesty testing or unfair genetic testing as alleged in the complaint, the
11department shall serve a certified copy of the examiner's findings on the complainant
12together with an order dismissing the complaint.
AB150, s. 3792 13Section 3792. 111.395 of the statutes is amended to read:
AB150,1333,20 14111.395 Judicial review. Findings and orders of the commission under this
15subchapter are subject to review under ch. 227. Orders of the commission shall have
16the same force as orders of the department under ch. 101 chs. 103 to 106 and may
17be enforced as provided in s. 101.02 103.005 (11) and (12) and (13) or specifically by
18a suit in equity. In any enforcement action the merits of any order of the commission
19are not subject to judicial review. Upon such review, or in any enforcement action,
20the department of justice shall represent the commission.
AB150, s. 3793 21Section 3793. 111.70 (1) (a) of the statutes is amended to read:
AB150,1334,2122 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
23obligation of a municipal employer, through its officers and agents, and the
24representatives of its employes, to meet and confer at reasonable times, in good faith,
25with the intention of reaching an agreement, or to resolve questions arising under

1such an agreement, with respect to wages, hours and conditions of employment, and
2with respect to a requirement of the municipal employer for a municipal employe to
3perform law enforcement and fire fighting services under s. 61.66, except as provided
4in sub. (4) (m) and s. 40.81 (3), except that a municipal employer that is a school
5district is not required to meet and confer concerning any decision to create a
6performance recognition plan under s. 118.39 or concerning the amount of any
7performance recognition award made under such a plan,
and except that a municipal
8employer shall not meet and confer with respect to any proposal to diminish or
9abridge the rights guaranteed to municipal employes under ch. 164. The duty to
10bargain, however, does not compel either party to agree to a proposal or require the
11making of a concession. Collective bargaining includes the reduction of any
12agreement reached to a written and signed document. The employer shall not be
13required to bargain on subjects reserved to management and direction of the
14governmental unit except insofar as the manner of exercise of such functions affects
15the wages, hours and conditions of employment of the employes. In creating this
16subchapter the legislature recognizes that the public employer must exercise its
17powers and responsibilities to act for the government and good order of the
18municipality, its commercial benefit and the health, safety and welfare of the public
19to assure orderly operations and functions within its jurisdiction, subject to those
20rights secured to public employes by the constitutions of this state and of the United
21States and by this subchapter.
AB150, s. 3794 22Section 3794. 111.70 (1) (ne) of the statutes is amended to read:
AB150,1335,223 111.70 (1) (ne) "School district professional employe" means a municipal
24employe who is employed by a school district, who holds a license issued by the state

1superintendent
department of public instruction education under s. 115.28 (7), and
2whose employment requires that license.
AB150, s. 3795 3Section 3795. 111.70 (4) (c) 1. of the statutes is repealed.
AB150, s. 3796 4Section 3796. 111.70 (4) (c) 3. c. of the statutes is amended to read:
AB150,1335,85 111.70 (4) (c) 3. c. Nothing herein shall be construed as prohibiting any fact
6finder who is not employed by the commission from endeavoring to mediate the
7dispute, in which the fact finder is involved, at any time prior to the issuance of the
8fact finder's recommendations.
AB150, s. 3797 9Section 3797. 111.70 (4) (cm) 3. of the statutes is repealed.
AB150, s. 3798 10Section 3798. 111.70 (4) (cm) 6. (intro.) of the statutes is amended to read:
AB150,1336,211 111.70 (4) (cm) 6. (intro.) `Interest arbitration.' If a dispute relating to one or
12more issues, qualifying for interest arbitration under subd. 5s. in collective
13bargaining units to which subd. 5s. applies, has not been settled after a reasonable
14period of negotiation and after mediation by the commission under subd. 3. and other
15any settlement procedures, if any, established by the parties have been exhausted,
16and the parties are deadlocked with respect to any dispute between them over wages,
17hours and conditions of employment to be included in a new collective bargaining
18agreement, either party, or the parties jointly, may petition the commission, in
19writing, to initiate compulsory, final and binding arbitration, as provided in this
20paragraph. At the time the petition is filed, the petitioning party shall submit in
21writing to the other party and the commission its preliminary final offer containing
22its latest proposals on all issues in dispute. Within 14 calendar days of the date of
23that submission, the other party shall submit in writing its preliminary final offer
24on all disputed issues to the petitioning party and the commission. If a petition is

1filed jointly, both parties shall exchange their preliminary final offers in writing and
2submit copies to the commission at the time the petition is filed.
AB150, s. 3799 3Section 3799. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
AB150,1337,224 111.70 (4) (cm) 6. a. Upon receipt of a petition to initiate arbitration, the
5commission shall make an investigation, with or without a formal hearing, to
6determine whether arbitration should be commenced. If in determining whether an
7impasse exists the commission finds that the procedures set forth in this paragraph
8have not been complied with and such compliance would tend to result in a
9settlement, it may order such compliance before ordering arbitration. The validity
10of any arbitration award or collective bargaining agreement shall not be affected by
11failure to comply with such procedures.
Prior to the close of the investigation each
12party shall submit in writing to the commission its single final offer containing its
13final proposals on all issues in dispute that are subject to interest arbitration under
14this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s.
15applies. If a party fails to submit a single, ultimate final offer, the commission shall
16close the investigation based on the last written position of the party. The municipal
17employer may not submit a qualified economic offer under subd. 5s. after the close
18of the investigation. Such final offers may include only mandatory subjects of
19bargaining, except that a permissive subject of bargaining may be included by a
20party if the other party does not object and shall then be treated as a mandatory
21subject. No later than such time, the parties shall also submit to the commission a
22stipulation, in writing, with respect to all matters which are agreed upon for
23inclusion in the new or amended collective bargaining agreement. The commission,
24after receiving a report from its investigator and determining that arbitration should
25be commenced, shall issue an order requiring arbitration and immediately submit

1to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
2alternately strike names until a single name is left, who shall be appointed as
3arbitrator. The petitioning party shall notify the commission in writing of the
4identity of the arbitrator selected. Upon receipt of such notice, the commission shall
5formally appoint the arbitrator and submit to him or her the final offers of the
6parties. The final offers shall be considered public documents and shall be available
7from the commission. In lieu of a single arbitrator and upon request of both parties,
8the commission shall appoint a tripartite arbitration panel consisting of one member
9selected by each of the parties and a neutral person designated by the commission
10who shall serve as a chairperson. An arbitration panel has the same powers and
11duties as provided in this section for any other appointed arbitrator, and all
12arbitration decisions by such panel shall be determined by majority vote. In lieu of
13selection of the arbitrator by the parties and upon request of both parties, the
14commission shall establish a procedure for randomly selecting names of arbitrators.
15Under the procedure, the commission shall submit a list of 7 arbitrators to the
16parties. Each party shall strike one name from the list. From the remaining 5
17names, the commission shall randomly appoint an arbitrator. Unless both parties
18to an arbitration proceeding otherwise agree in writing, every individual whose
19name is submitted by the commission for appointment as an arbitrator shall be a
20resident of this state at the time of submission and every individual who is
21designated as an arbitration panel chairperson shall be a resident of this state at the
22time of designation.
AB150, s. 3800 23Section 3800. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB150,1338,2024 111.70 (4) (d) 2. a. The commission shall determine the appropriate bargaining
25unit for the purpose of collective bargaining and shall whenever possible, unless

1otherwise required under this subchapter,
avoid fragmentation by maintaining as
2few units as practicable in keeping with the size of the total municipal work force.
3In making such a determination, the commission may decide whether, in a particular
4case, the employes in the same or several departments, divisions, institutions, crafts,
5professions or other occupational groupings constitute a unit. Before making its
6determination, the commission may provide an opportunity for the employes
7concerned to determine, by secret ballot, whether or not they desire to be established
8as a separate collective bargaining unit. The commission shall not decide, however,
9that any unit is appropriate if the unit includes both professional employes and
10nonprofessional employes, unless a majority of the professional employes vote for
11inclusion in the unit. The commission shall not decide that any unit is appropriate
12if the unit includes both craft and noncraft employes unless a majority of the craft
13employes vote for inclusion in the unit. The commission shall place the professional
14employes who are assigned to perform any services at a charter school, as defined in
15s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any
16other professional employes whenever at least 30% of those professional employes
17request an election to be held to determine that issue and a majority of the
18professional employes at the charter school who cast votes in the election decide to
19be represented in a separate collective bargaining unit.
Any vote taken under this
20subsection shall be by secret ballot.
AB150, s. 3801 21Section 3801. 111.70 (4) (m) of the statutes is created to read:
AB150,1338,2322 111.70 (4) (m) Prohibited subjects of bargaining. In a school district, the
23municipal employer is prohibited from bargaining collectively with respect to:
AB150,1339,424 1. Reassignment of municipal employes who perform services for the school
25district, with or without regard to seniority, as a result of a decision of the school

1board or board of school directors to contract with an individual or group to operate
2a school as a charter school, as defined in s. 115.001 (1), or to convert a school to a
3charter school, or the impact of any such reassignment on the wages, hours or
4conditions of employment of the municipal employes who perform those services.
AB150,1339,95 2. Reassignment of municipal employes who perform services for a board of
6school directors, with or without regard to seniority, as a result of the decision of the
7board to close or reopen a school under s. 119.18 (23), or the impact of any such
8reassignment on the wages, hours or conditions of employment of the municipal
9employes who perform those services.
AB150,1339,1310 3. Any decision of a board of school directors to contract for the management
11or operation of any school under s. 119.18 (24), or the impact of any such decision on
12the wages, hours or conditions of employment of the municipal employes who
13perform services for the board.
AB150,1339,1714 4. Any decision of a board of school directors to contract with a school or agency
15to provide educational programs under s. 119.235, or the impact of any such decision
16on the wages, hours or conditions of employment of the municipal employes who
17perform services for the board.
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