AB6,5,2525
111.825
(2) (em) The faculty of the University of Wisconsin-Madison.
AB6,6,1
1(f) The faculty of the University of Wisconsin-Milwaukee.
AB6,6,42
(g) The faculty of the universities of Wisconsin-Eau Claire, Green Bay, La
3Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior
4and Whitewater and the University of Wisconsin-Center System.
AB6,6,55
(h) The academic staff of the University of Wisconsin-Madison.
AB6,6,66
(i) The academic staff of the University of Wisconsin-Milwaukee.
AB6,6,97
(j) The academic staff of the universities of Wisconsin-Eau Claire, Green Bay,
8La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout,
9Superior and Whitewater and the University of Wisconsin-Center System.
AB6,6,22
10(2m) (a) Notwithstanding sub. (2), 2 or more collective bargaining units
11specified in sub. (2) (em) to (j) may be combined into a single unit. If 2 or more
12collective bargaining units seek to combine into a single collective bargaining unit,
13the commission shall, upon the petition of at least 30% of the employes in each unit,
14hold an election to determine whether a majority of those employes voting in each
15unit desires to combine into a single unit. A combined collective bargaining unit shall
16be formed including all employes from each of those units in which a majority of the
17employes voting in the election approves a combined unit. The combined collective
18bargaining unit shall be formed immediately if there is no existing collective
19bargaining agreement in force in any of the units to be combined. If there is a
20collective bargaining agreement in force at the time of the election in any of the
21collective bargaining units to be combined, the combined unit shall be formed upon
22expiration of the last agreement for the units concerned.
AB6,7,1623
(b) If 2 or more collective bargaining units have combined under par. (a), the
24commission shall, upon petition of at least 30% of the employes in any of the original
25units, hold an election of the employes in the original unit to determine whether the
1employes in that unit desire to withdraw from the combined collective bargaining
2unit. If a majority of the employes voting desires to withdraw from the combined
3collective bargaining unit, separate units consisting of the unit in which the election
4was held and a unit composed of the remainder of the combined unit shall be formed.
5The new collective bargaining units shall be formed immediately if there is no
6collective bargaining agreement in force for the combined unit. If there is a collective
7bargaining agreement in force for the combined collective bargaining unit, the new
8units shall be formed upon the expiration of the agreement. An election to change
9or discontinue representation under s. 111.83 (6) may be held in the petitioning
10collective bargaining unit concurrently with an election under this paragraph. The
11ballots for the election under s. 111.83 (6) shall only be counted if a majority of the
12employes voting at the election votes to withdraw from the combined collective
13bargaining unit. While there is a collective bargaining agreement in force for the
14combined collective bargaining unit, a petition for an election under this paragraph
15may only be filed during October in the calendar year prior to the expiration of the
16agreement.
AB6, s. 10
17Section
10. 111.83 (3) of the statutes is amended to read:
AB6,8,2318
111.83
(3) Whenever a question arises concerning the representation of
19employes in a collective bargaining unit the commission shall determine the
20representative thereof by taking a secret ballot of the employes and certifying in
21writing the results thereof to the interested parties and to the secretary of the
22department. There shall be included on any ballot for the election of representatives
23the names of all labor organizations having an interest in representing the employes
24participating in the election as indicated in petitions filed with the commission. The
25name of any existing representative shall be included on the ballot without the
1necessity of filing a petition. The commission may exclude from the ballot one who,
2at the time of the election, stands deprived of his or her rights under this subchapter
3by reason of a prior adjudication of his or her having engaged in an unfair labor
4practice. The ballot shall be so prepared as to permit a vote against representation
5by anyone named on the ballot.
For elections in collective bargaining units composed
6of employes who are members of the faculty or academic staff, whenever more than
7one representative qualifies to appear on the ballot, the ballot shall be prepared to
8provide separate votes on 2 questions. The first question shall be: "Shall the
9employes of the .... (name of collective bargaining unit) participate in collective
10bargaining?". The 2nd question shall be: "If the employes of the .... (name of
11collective bargaining unit) elect to participate in collective bargaining, which labor
12organization do you favor to act as representative of the employes?". The 2nd
13question shall not include a choice for no representative. All employes in the
14collective bargaining unit may vote on both questions. Unless a majority of those
15employes voting in the election votes to participate in collective bargaining, no votes
16for a particular representative may be counted. If a majority of those employes voting
17in the election votes to participate in collective bargaining, the ballots for
18representatives shall be counted. In the collective bargaining units specified in s.
19111.825 (2) (g) and (j), only those ballots for representatives cast at those institutions
20at which a majority of the employes voting in the election votes to participate in
21collective bargaining shall be counted in determining the representative. The
22commission's certification of the results of any election is conclusive as to the findings
23included therein unless reviewed under s. 111.07 (8).
AB6, s. 11
24Section
11. 111.83 (4) of the statutes is renumbered 111.83 (4) (a) and amended
25to read:
AB6,9,10
1111.83
(4) (a) Whenever an election has been conducted under sub. (3)
in a
2collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) in which the name
3of more than one proposed representative appears on the ballot and results in no
4conclusion, the commission may, if requested by any party to the proceeding within
530 days from the date of the certification of the results of the election, conduct a runoff
6election. In that runoff election, the commission shall drop from the ballot the name
7of the representative who received the least number of votes at the original election.
8The commission shall drop from the ballot the privilege of voting against any
9representative if the least number of votes cast at the first election was against
10representation by any named representative.
AB6, s. 12
11Section
12. 111.83 (4) (b) of the statutes is created to read:
AB6,9,2212
111.83
(4) (b) Whenever an election has been conducted under sub. (3) in a
13collective bargaining unit specified in s. 111.825 (2) (em) to (j) in which a majority of
14the employes voting indicates a desire to participate in collective bargaining but in
15which no named representative is favored by a majority of the employes voting, the
16commission may, if requested by any party to the proceeding within 30 days from the
17date of the certification of the results of the election, conduct a runoff election. In that
18runoff election, the commission shall drop from the ballot the name of the
19representative who received the least number of votes at the original election. In the
20collective bargaining unit specified in s. 111.825 (2) (g) or (j), only the employes at
21those institutions at which a majority of those employes voting in the election votes
22to participate in collective bargaining shall be permitted to vote in the runoff election.
AB6, s. 13
23Section
13. 111.83 (5) (a) to (c), (h) and (i) of the statutes are amended to read:
AB6,9,2524
111.83
(5) (a) This subsection applies only to the collective bargaining
unit 25units specified in s. 111.825 (2) (c)
, (g) and (j).
AB6,10,16
1(b) Upon filing of a petition with the commission indicating a showing of
2interest of at least 30% of the employes at an institution who are included within a
3collective bargaining unit to be represented by a labor organization, the commission
4shall hold an election in which the employes in that unit at that institution may vote
5on the question of representation. The labor organization named in any such petition
6shall be included on the ballot. Within 60 days of the time that an original petition
7is filed, another petition may be filed with the commission indicating a showing of
8interest of at least 10% of the employes at the same institution who are included in
9the same collective bargaining unit to be represented by another labor organization,
10in which case the name of that labor organization shall be included on the ballot. If
11more than one original petition is filed within a 30-day period concerning employes
12in the collective bargaining unit specified in s. 111.825 (2) (c),
the results of (g) or (j), 13all elections held pursuant to the petitions shall be announced by the commission at
14the same time. The
ballot elections shall be
held on the same day and the ballots for
15all of the elections shall be prepared in accordance with sub. (3), except as otherwise
16provided in this subsection.
AB6,10,2517
(c) Notwithstanding s. 111.825 (2) (c)
, (g) and (j), the employes at any institution
18included within the collective bargaining unit at which no petition is filed and no
19election is held or at which the employes indicate, by a majority of those voting in an
20election, a desire not to participate in collective bargaining are not considered to be
21a part of that collective bargaining unit.
In the collective bargaining units specified
22in s. 111.825 (2) (g) and (j), once the employes at any institution vote to participate
23in collective bargaining, the commission shall not determine the votes of employes
24on that question at that institution at a future election except in conjunction with the
25votes of the employes at the other institutions in the collective bargaining unit.
AB6,11,12
1(h) If a petition is filed under sub. (6) for the discontinuance of existing
2representation indicating a showing of interest by 30% of the total number of
3employes at all institutions at which employes in the collective bargaining unit have
4voted to become a part of the unit, the commission shall hold an election on that
5question at all such institutions.
If In the collective bargaining unit specified in s.
6111.825 (2) (c), if a petition is filed under sub. (6)
for the discontinuance of existing
7representation indicating a showing of interest by 30% of the employes at one or
8more, but not all, of the institutions at which employes in the collective bargaining
9unit have voted to become a part of the unit, the commission shall hold an election
10on that question only at the institution or institutions at which the showing is made.
11In such an election, the only question appearing on the ballot shall be whether the
12employes desire to participate in collective bargaining.
AB6,12,713
(i) If a petition is filed under sub. (6) for a change of existing representation,
14the commission shall hold an election on the question in accordance with par. (b),
15except that participation shall be limited to employes at those institutions included
16in the collective bargaining unit who have previously voted to become a part of the
17unit. Runoff elections shall be held, as provided in par. (e), when necessary. At any
18such election, if a majority of the total number of employes included in the collective
19bargaining unit at all institutions at which employes have voted to become a part of
20the unit elect not to participate in collective bargaining, regardless of the result of
21the vote at any single institution, no representative may be certified by the
22commission to represent the employes at any institution within that collective
23bargaining unit, unless a new petition and election is held under par. (b).
However 24In the collective bargaining unit specified in s. 111.825 (2) (c), if a majority of the total
25number of employes included in the collective bargaining unit at all institutions at
1which employes have voted to become a part of the unit elect to participate in
2collective bargaining, but a majority of the employes at one or more of the institutions
3elect not to participate in collective bargaining, then only the employes at those
4institutions electing not to participate shall not be considered a part of that collective
5bargaining unit.
In the collective bargaining unit specified in s. 111.825 (2) (g) or (j),
6if the employes at an institution vote to become a part of the unit, the commission
7shall not accept a petition for an election on the question of withdrawal from the unit.
AB6, s. 14
8Section
14. 111.84 (2) (c) of the statutes is amended to read:
AB6,12,169
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
10(1) with the duly authorized officer or agent of the employer which is the recognized
11or certified exclusive collective bargaining representative of employes specified in s.
12111.81 (7) (a) in an appropriate collective bargaining unit or with the certified
13exclusive collective bargaining representative of employes specified in s. 111.81 (7)
14(b)
or (c) to (f) in an appropriate collective bargaining unit. Such refusal to bargain
15shall include, but not be limited to, the refusal to execute a collective bargaining
16agreement previously orally agreed upon.
AB6, s. 15
17Section
15. 111.91 (2) (a) of the statutes is amended to read:
AB6,12,1918
111.91
(2) (a) The
structure, mission and goals of state agencies and the
19University of Wisconsin Hospitals and Clinics Authority as set forth in the statutes.
AB6, s. 16
20Section
16. 111.91 (2) (a) of the statutes, as affected by
1995 Wisconsin Act 27,
21section
3841, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
AB6,12,2322
111.91
(2) (a) The structure, mission and goals of state agencies as set forth in
23the statutes.
AB6, s. 17
24Section
17. 111.91 (2) (br) of the statutes is created to read:
AB6,13,2
1111.91
(2) (br) Matters affecting the rights and responsibilities of students as
2provided in s. 36.09 (5).
AB6, s. 18
3Section
18. 111.91 (4) of the statutes is amended to read:
AB6,13,114
111.91
(4) The secretary of the department, in connection with the development
5of tentative collective bargaining agreements to be submitted under s. 111.92, shall
6endeavor to obtain tentative agreements with each recognized or certified labor
7organization representing employes or supervisors of employes specified in s. 111.81
8(7) (a) and with each certified labor organization representing employes specified in
9s. 111.81 (7) (b)
or (c) to (f) which do not contain any provision for the payment to any
10employe of a cumulative or noncumulative amount of compensation in recognition
11of or based on the period of time an employe has been employed by the state.
AB6, s. 19
12Section
19. 111.91 (4) of the statutes, as affected by
1995 Wisconsin Act 27 and
131997 Wisconsin Act .... (this act), is repealed and recreated to read:
AB6,13,2114
111.91
(4) The secretary of the department, in connection with the development
15of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a),
16shall endeavor to obtain tentative agreements with each recognized or certified labor
17organization representing employes or supervisors of employes specified in s. 111.81
18(7) (a) and with each certified labor organization representing employes specified in
19s. 111.81 (7) (b) to (f) which do not contain any provision for the payment to any
20employe of a cumulative or noncumulative amount of compensation in recognition
21of or based on the period of time an employe has been employed by the state.
AB6, s. 20
22Section
20. 111.93 (2) and (3) of the statutes are amended to read:
AB6,14,323
111.93
(2) All civil service and other applicable statutes concerning wages,
24fringe benefits, hours and conditions of employment apply to employes specified in
25s. 111.81 (7) (a) who are not included in collective bargaining units for which a
1representative is recognized or certified and to employes specified in s. 111.81 (7) (b)
2or (c) to (f) who are not included in a collective bargaining unit
or part of a collective
3bargaining unit for which a representative is certified.
AB6,14,13
4(3) Except as provided in ss. 40.05, 40.80 (3), 111.91 (1) (cm) and 230.88 (2) (b),
5if a collective bargaining agreement exists between the employer and a labor
6organization representing employes in a collective bargaining unit, the provisions of
7that agreement shall supersede the provisions of civil service and other applicable
8statutes, as well as rules and policies of the board of regents of the university of
9Wisconsin system, related to wages, fringe benefits, hours and conditions of
10employment whether or not the matters contained in those statutes, rules and
11policies are set forth in the collective bargaining agreement.
This subsection does
12not apply to the provisions of s. 36.09 (4) or (4m) concerning the application of those
13subsections.
AB6, s. 21
14Section
21. 230.10 (2) of the statutes is amended to read:
AB6,15,315
230.10
(2) The compensation plan in effect at the time that a representative
16is recognized or certified to represent employes in a collective bargaining unit and
17the employe salary and benefit provisions under s. 230.12 (3) (e) in effect at the time
18that a representative is certified to represent employes in a collective bargaining unit
19under subch. V of ch. 111 constitute the compensation plan or employe salary and
20benefit provisions for employes in the collective bargaining unit until a collective
21bargaining agreement becomes effective for that unit. If a collective bargaining
22agreement under subch. V of ch. 111 expires prior to the effective date of a subsequent
23agreement, and a representative continues to be recognized or certified to represent
24employes specified in s. 111.81 (7) (a) or certified to represent employes specified in
25s. 111.81 (7) (b)
or (c) to (f) in that collective bargaining unit, the wage rates of the
1employes in such a unit shall be frozen until a subsequent agreement becomes
2effective, and the compensation plan under s. 230.12 and salary and benefit changes
3adopted under s. 230.12 (3) (e) do not apply to employes in the unit.
AB6, s. 22
4Section
22. 230.34 (1) (ar) of the statutes is amended to read:
AB6,15,145
230.34
(1) (ar) Paragraphs (a) and (am) apply to all employes with permanent
6status in class in the classified service and all employes who have served with the
7state or a county, or both, as an assistant district attorney for a continuous period of
812 months or more, except that for employes specified in s. 111.81 (7) (a) in a collective
9bargaining unit for which a representative is recognized or certified, or for employes
10specified in s. 111.81 (7) (b)
or (c) to (f) in a collective bargaining unit for which a
11representative is certified, if a collective bargaining agreement is in effect covering
12employes in the collective bargaining unit, the determination of just cause and all
13aspects of the appeal procedure shall be governed by the provisions of the collective
14bargaining agreement.
AB6, s. 23
15Section
23.
Effective dates. This act takes effect on the day after publication,
16except as follows:
AB6,15,1817
(1)
The repeal and recreation of section 111.91 (2) (a) and (4) of the statutes
18takes effect on July 1, 1997.