AB37: Bill Text

LRB-1049/2

RAC:kaf:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 37

January 29, 1997 - Introduced by Representatives Brandemuehl, Nass, Duff, Ainsworth, Jensen, Powers, Goetsch, Seratti, Vrakas, Handrick, F. Lasee, Skindrud and Grothman, cosponsored by Senators Darling, Huelsman, Fitzgerald, Zien and Farrow. Referred to Committee on Labor and Employment.

AB37,1,3 An Act to amend 111.70 (1) (a) and 120.12 (15); and to create 111.70 (4) (o) of the statutes; relating to: making the establishment of the school calendar a permissive subject of collective bargaining for municipal employers.

Analysis by the Legislative Reference Bureau

Under current law, an employer in a school district is required to bargain collectively in good faith with the majority representative of its employes in a collective bargaining unit concerning the wages, hours and conditions of employment of the employes. Among the subjects that are mandatory subjects of collective bargaining is any school calendaring proposal that is primarily related to wages, hours and conditions of employment. Beloit Ed. Assn. v. WERC, 73 Wis. 2d 43, 61-62 (1976).

This bill provides that an employer for a school district is not required to bargain collectively with respect to the establishment of the school calendar, but expressly requires a school district to bargain collectively with respect to the impact of any school calendar decision on wages, hours and conditions of employment.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB37, s. 1 Section 1. 111.70 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB37,2,25 111.70 (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 employes 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, and with respect to a requirement of the municipal employer for a municipal employe to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (n) to (o) 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 municipal employes under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employes in a collective bargaining unit. 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 employes by the constitutions of this state and of the United States and by this subchapter.

AB37, s. 2 Section 2. 111.70 (4) (o) of the statutes is created to read:

AB37,3,11 111.70 (4) (o) Permissive subjects of collective bargaining. In a school district, the municipal employer is not required to bargain collectively with respect to the establishment of the school calendar. This paragraph shall not be construed to eliminate a school district's duty to bargain collectively with the recognized or certified representative of school district employes in a collective bargaining unit concerning the total number of days of work and the number of those days which are allocated to different purposes such as days on which school is taught, in-service days, staff preparation days, convention days, paid holidays and parent-teacher conference days, and to bargain collectively with that representative with regard to the impact of the school calendar on wages, hours and conditions of employment.

AB37, s. 3 Section 3. 120.12 (15) of the statutes is amended to read:

AB37,3,19 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employe's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.

AB37, s. 4 Section 4. Initial applicability.

AB37,3,24 (1) School districts; permissive subjects of bargaining. The treatment of section 111.70 (1) (a) and (4) (o) of the statutes first applies to a collective bargaining agreement that expires or is extended, modified or renewed, whichever occurs first, on the effective date of this subsection.

AB37, s. 5 Section 5. Effective date.

AB37,4,2 (1) This act takes effect on May 1, 1997, or on the day after publication, whichever is later.

AB37,4,3 (End)