AB361,18,167 (d) Prior to the arbitration hearing, either party may, within a time limit
8established by the arbitrator, withdraw its final offer and mutually agreed upon
9modifications thereof, if any, and shall immediately provide written notice of the
10withdrawal to the other party, the arbitrator and the commission. If both parties
11withdraw their final offers and mutually agreed upon modifications, the labor
12organization, after giving 10 days' advance written notice to the employer and the
13commission, may strike. Unless both parties withdraw their final offers and
14mutually agreed upon modifications, the final offer of neither party is considered
15withdrawn and the arbitrator shall proceed to resolve the dispute by final and
16binding arbitration as provided in this section.
AB361,18,2417 (e) The arbitrator shall adopt without further modification the final offer of one
18of the parties on all disputed issues submitted under par. (b), including any prior
19modifications of the offer mutually agreed upon by the parties under par. (c), except
20those items that the commission determines not to be mandatory subjects of
21bargaining and those items that have not been treated as mandatory subjects by the
22parties. The arbitrator's decision shall be final and binding on both parties and shall
23be incorporated into a written collective bargaining agreement. The arbitrator shall
24serve a copy of his or her decision on both parties and the commission.
AB361,19,2
1(f) Arbitration proceedings may not be interrupted or terminated by reason of
2any unfair labor practice complaint filed by either party at any time.
AB361,19,53 (g) The costs of arbitration shall be divided equally between the parties. The
4arbitrator shall submit a statement of his or her costs to both parties and to the
5commission.
AB361,19,156 (h) Either party may petition the commission for a declaratory ruling as to
7whether any proposal made in negotiations is a mandatory, permissive or prohibited
8subject of bargaining. The commission shall issue a decision on such a petition within
915 days, which shall have the effect of an order issued under s. 111.07. The filing of
10a petition under this paragraph does not prevent the filing of an unfair labor practice
11complaint concerning the same activity. If a petition is filed under this paragraph,
12the proceedings under pars. (d) and (e) shall be delayed until the commission renders
13a decision in the matter, but not during any appeal of the commission order. The
14arbitrator's award shall be made in accordance with the commission's ruling, subject
15to automatic amendment by any subsequent court reversal thereof.
AB361,19,18 16(7) Factors considered. In making any decision under the arbitration
17procedures authorized by this section, the arbitrator shall give weight to the
18following factors:
AB361,19,1919 (a) The lawful authority of the employer.
AB361,19,2020 (b) Stipulations of the parties.
AB361,19,2121 (c) The interests and welfare of the public.
AB361,19,2322 (d) The financial ability of the employer to meet the costs of any proposed
23settlement.
AB361,20,3
1(e) Comparison of wages, hours and conditions of employment of the employes
2involved in the arbitration proceedings with the wages, hours and conditions of
3employment of other employes performing similar services.
AB361,20,64 (f) Comparison of wages, hours and conditions of employment of the employes
5involved in the arbitration proceedings with the wages, hours and conditions of
6employment of other employes generally in public employment.
AB361,20,87 (g) The average consumer prices for goods and services, commonly known as
8the cost of living.
AB361,20,129 (h) The overall compensation presently received by the employes, including
10direct wage compensation, vacation, holidays and excused time, insurance and
11pensions, medical and hospitalization benefits, the continuity and stability of
12employment, and all other benefits received by the employes.
AB361,20,1413 (i) Changes in any of the circumstances specified in pars. (a) to (h) during the
14pendency of the arbitration proceedings.
AB361,20,1815 (j) Such other factors as are normally or traditionally taken into consideration
16in the determination of wages, fringe benefits, hours and conditions of employment
17through voluntary collective bargaining, mediation, fact-finding, arbitration or
18otherwise between the parties, in the public service or in private employment.
AB361,20,20 19(8) Rule making. The commission shall promulgate rules for the conduct of all
20arbitration proceedings under sub. (6), including rules for all of the following:
AB361,20,2221 (a) The appointment of tripartite arbitration panels when requested by the
22parties.
AB361,20,2423 (b) The expeditious rendering of arbitration decisions, such as waivers of briefs
24and transcripts.
AB361,21,2
1(c) The removal of individuals who have repeatedly failed to issue timely
2decisions from the commission's list of qualified arbitrators.
AB361,21,33 (d) Proceedings for the enforcement of arbitration decisions.
AB361,21,5 4(9) Application. Chapter 788 does not apply to arbitration proceedings under
5sub. (6).
AB361, s. 35 6Section 35. 111.89 (1) and (2) (intro.) of the statutes are amended to read:
AB361,21,137 111.89 (1) Upon establishing that a strike not authorized under s. 111.885 is
8in progress, the employer may either seek an injunction or file an unfair labor
9practice charge with the commission under s. 111.84 (2) (e) or both. It is the
10responsibility of the department to decide whether to seek an injunction or to file an
11unfair labor practice charge or to impose or seek imposition of penalties under sub.
12(2) or (4)
. The existence of an administrative remedy does not constitute grounds
13for denial of injunctive relief.
AB361,21,16 14(2) (intro.) The occurrence of a prohibited strike and the participation therein
15by a state an employe do not affect the rights of the employer, in law or in equity, to
16deal with the strike, including:
AB361, s. 36 17Section 36. 111.89 (3) and (4) of the statutes are created to read:
AB361,22,318 111.89 (3) At any time after a labor organization gives advance notice of a strike
19under s. 111.885 (6) that is expressly authorized under s. 111.885 (6), any citizen
20directly affected by the strike may petition the circuit court to enjoin the strike. If
21the court finds that the strike poses an imminent threat to the public health or safety,
22the court shall, within 48 hours after the receipt of the petition but after notice to the
23parties and after holding a hearing, issue an order immediately enjoining the strike,
24and in addition shall order the parties to submit a new final offer on all disputed
25issues to the commission for final and binding arbitration as provided in s. 111.885.

1 The commission, upon receipt of the final offers of the parties, shall transmit them
2to the arbitrator or a successor designated by the commission. The arbitrator shall
3omit preliminary steps and shall commence immediately to arbitrate the dispute.
AB361,22,10 4(4) (a) 1. Notwithstanding s. 111.85, any labor organization that engages in a
5prohibited strike shall be penalized by the suspension of any dues checkoff
6agreement and maintenance of membership or fair-share agreement between the
7employer and that labor organization for a period of one year. At the end of the period
8of suspension, any such agreement shall be reinstated unless the labor organization
9is no longer authorized to represent the employes covered by the agreement or the
10agreement is no longer in effect.
AB361,22,1311 2. Any labor organization that engages in a strike after an injunction is issued
12against the strike shall be required to forfeit $2 per member per day, but not more
13than $10,000 per day. Each day of continued violation constitutes a separate offense.
AB361,22,2014 (b) Any individual who engages in a strike after an injunction is issued against
15the strike shall be fined $10. Each day of continued violation constitutes a separate
16offense. After an injunction is issued, any employe who is absent from work because
17of purported illness is presumed to be on strike unless the illness is verified by a
18written report from a physician to the employer. The court shall order that any fine
19imposed under this paragraph be paid by means of a salary deduction at a rate to be
20determined by the court.
AB361,22,2421 (c) Any person who authorizes or otherwise participates in a strike after the
22issuance of any final and binding arbitration award under s. 111.885 and prior to the
23end of the term of the agreement that the award amends or creates shall forfeit not
24less than $15. Each day of continued violation constitutes a separate offense.
AB361,23,2
1(d) The penalties provided in this subsection do not preclude the imposition by
2the court of any penalty for contempt provided by law.
AB361,23,43 (e) No employe may be paid wages or any salary by the employer for the period
4during which he or she engages in any strike prohibited by this subchapter.
AB361,23,95 (f) Any party refusing to include an arbitration award under s. 111.885 in a
6written collective bargaining agreement or failing to implement the award, unless
7good cause is shown, is liable for attorney fees, interest on delayed monetary benefits,
8and other costs incurred in any action by the nonoffending party to enforce the
9award.
AB361, s. 37 10Section 37. 111.91 (1) (a) of the statutes is renumbered 111.91 and amended
11to read:
AB361,23,19 12111.91 Subjects of bargaining. Except as provided in pars. (b) to (e), matters
13Matters subject to collective bargaining to the point of impasse are wage rates,
14consistent with sub. (2), the assignment and reassignment of classifications to pay
15ranges, determination of an incumbent's pay status resulting from position
16reallocation or reclassification, and pay adjustments upon temporary assignment of
17classified employes to duties of a higher classification or downward reallocations of
18a classified employe's position; fringe benefits consistent with sub. (2);
wages, hours
19and conditions of employment.
AB361, s. 38 20Section 38. 111.91 (1) (b) to (e), (2) and (4) of the statutes are repealed.
AB361, s. 39 21Section 39. 111.92 (1) and (4) of the statutes are amended to read:
AB361,24,1922 111.92 (1) Any Except where a collective bargaining agreement is placed into
23effect by an arbitrator's decision under s. 111.885, any
tentative agreement reached
24between the department, acting for the executive branch, and any labor organization
25shall, after official ratification by the labor organization, be submitted by the

1department to the joint committee on employment relations, which shall hold a
2public hearing before determining its approval or disapproval. If the committee
3approves the tentative agreement, it shall introduce in a bill or companion bills, to
4be put on the calendar or referred to the appropriate scheduling committee of each
5house, that portion of the tentative agreement which requires legislative action for
6implementation, such as salary and wage adjustments, changes in fringe benefits,
7and any proposed amendments, deletions or additions to existing law. Such bill or
8companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2).
9The committee may, however, submit suitable portions of the tentative agreement to
10appropriate legislative committees for advisory recommendations on the proposed
11terms. The committee shall accompany the introduction of such proposed legislation
12with a message that informs the legislature of the committee's concurrence with the
13matters under consideration and which recommends the passage of such legislation
14without change. If the joint committee on employment relations does not approve
15the tentative agreement, it shall be returned to the parties for renegotiation. If the
16legislature does not adopt without change that portion of the tentative agreement
17introduced by the joint committee on employment relations, the tentative agreement
18shall be returned to the parties for renegotiation. The matter may then be submitted
19to arbitration.
AB361,24,22 20(4) It is the declared intention under this subchapter that the negotiation of
21collective bargaining agreements and their approval by the parties should coincide
22with the overall fiscal planning and processes of the state.
AB361, s. 40 23Section 40. 111.93 (3) of the statutes is amended to read:
AB361,25,624 111.93 (3) Except as provided in ss. 40.05, 40.80 (3), 111.91 (1) (cm) and 230.88
25(2) (b), if
If a collective bargaining agreement exists between the employer and a labor

1organization representing employes in a collective bargaining unit, the provisions of
2that agreement shall supersede the provisions of civil service and other applicable
3statutes, as well as rules and policies of the board of regents of the university of
4Wisconsin system, related to wages, fringe benefits, hours and conditions of
5employment whether or not the matters contained in those statutes, rules and
6policies are set forth in the collective bargaining agreement.
AB361, s. 41 7Section 41. 111.94 (2) of the statutes is amended to read:
AB361,25,198 111.94 (2) The commission shall assess and collect a filing fee of $25 from the
9party or parties filing a complaint alleging that an unfair labor practice has been
10committed under s. 111.84. The commission shall assess and collect a filing fee of $25
11from the party or parties filing a request that the commission act as an arbitrator to
12resolve a dispute involving the interpretation or application of a collective
13bargaining agreement under s. 111.86 111.885 (4). If such a request concerns issues
14arising as a result of more than one unrelated event or occurrence, each such
15separate event or occurrence shall be treated as a separate request. Fees required
16to be paid under this subsection shall be paid at the time of filing the complaint or
17the request for arbitration. A complaint or request for arbitration is not filed until
18the date such fee or fees are paid. Fees collected under this subsection shall be
19deposited as general purpose revenue — earned.
AB361, s. 42 20Section 42. 230.88 (2) (b) of the statutes is amended to read:
AB361,26,421 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an
22employe under this subchapter. However, nothing
Nothing in this subchapter affects
23any right of an employe to pursue a grievance in accordance with the procedure
24under provided in a collective bargaining agreement under subch. V of ch. 111, and
25if the commission determines that a grievance arising under such a collective

1bargaining agreement involves the same parties and matters as a complaint under
2s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the
3rights of the parties to the complaint, on those matters determined in the arbitration
4which were at issue and upon which the determination necessarily depended.
AB361, s. 43 5Section 43. 904.085 (2) (a) of the statutes is amended to read:
AB361,26,106 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
7under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87 111.885 (3),
8negotiation under s. 144.445 (9), mediation under ch. 655 or s. 767.11, or any similar
9statutory, contractual or court-referred process facilitating the voluntary resolution
10of disputes. "Mediation" does not include binding arbitration or appraisal.
AB361, s. 44 11Section 44. Appropriation changes.
AB361,26,16 12(1) In the schedule under section 20.005 (3) of the statutes for the
13appropriation to the employment relations commission under section 20.425 (1) (a)
14of the statutes, as affected by the acts of 1995, the dollar amount is increased by $-0-
15for fiscal year 1995-96 and the dollar amount is increased by $-0- for fiscal year
161996-97 to carry out the responsibilities vested in the commission by this act.
AB361, s. 45 17Section 45. Initial applicability.
AB361,26,20 18(1)  This act first applies with respect to negotiations for collective bargaining
19agreements to be entered into for the biennial fiscal period commencing on June 29,
201997.
AB361, s. 46 21Section 46. Effective dates. This act takes effect on the day after
22publication, except as follows:
AB361,26,24 23(1) The creation of section 111.71 (4) of the statutes and the repeal and
24recreation of section 111.71 (5) of the statutes take effect on July 1, 1996.
AB361,26,2525 (End)
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