SB405: Bill Text

SB405,9,23 b. If the parties, using consensus bargaining, settle their dispute over wages, hours and conditions of employment that are to be included in a new collective bargaining agreement, the commission shall reimburse the parties, from the appropriation account under s. 20.425 (1) (i), for the cost of all training fees and expenses incurred by the parties in using consensus bargaining.

SB405,9,25 7. `Voluntary impasse resolution procedures.' In addition to the other dispute resolution procedures provided in this paragraph, the parties may, as a permissive subject of bargaining, agree in writing to a different dispute resolution procedure for resolving an impasse over terms of any collective bargaining agreement under this subchapter. The parties shall file a copy of any such agreement with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 12., 12g. and 12r.

SB405,10,10 8. `Fact-finding.' a. If the parties select fact-finding as the dispute resolution procedure to settle a dispute over wages, hours and conditions of employment that are to be included in a new collective bargaining agreement, the parties shall jointly petition the commission in writing to initiate fact-finding and to make recommendations to resolve the dispute.

SB405,10,13 b. Upon receipt of a petition to initiate fact-finding, the commission shall appoint a qualified, disinterested person or 3-member panel, when jointly requested by the parties, to function as a fact finder.

SB405,10,24 c. The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission, except that all hearings shall be held no later than 60 days after the fact finder's appointment. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearings, but not later than 40 days after completion of the hearings, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall serve the findings and recommendations on the parties and the commission. In making findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration.

SB405,11,8 d. For any hearing conducted under this subdivision, the parties shall exchange all exhibits, if any, at least 20 days before the scheduled date of the hearing. Any party that objects to an exhibit offered by the other party shall file a written objection with the fact finder at least 5 days before the scheduled date of the hearing. For any hearing conducted under this subdivision, the parties shall exchange hearing briefs and shall file 3 copies of the hearing briefs with the fact finder at least 5 days before the scheduled date of the hearing. The fact finder may not consider any briefs that are not filed in accordance with this subd. 8. d.

SB405,11,11 e. Nothing herein shall be construed as prohibiting any fact finder from endeavoring to mediate the dispute at any time prior to the issuance of the fact finder's recommendations.

SB405,11,16 f. Within 30 days of the receipt of the fact finder's recommendations or within a time period mutually agreed upon by the parties, each party shall notify the other in writing as to the party's acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, send a copy of the notification to the commission.

SB405,11,19 g. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy of the statement to the commission.

SB405,11,24 9. `Strikes and lockouts.' If the parties elect to engage in strikes and lockouts as the dispute resolution procedure to settle a dispute over wages, hours and conditions of employment that are to be included in a new collective bargaining agreement, the labor organization, after giving 10 days' written advance notice to the municipal employer and the commission, may strike.

SB405,13,10 10. `Interest arbitration.' a. If the parties select interest arbitration as the dispute resolution procedure to settle a dispute over wages, hours and conditions of employment that are to be included in a new collective bargaining agreement, each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision. Such final offers shall be limited to no more than 5 issues, unless the parties are endeavoring to obtain an initial collective bargaining agreement, in which case the final offers may include any number of issues. The final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject of bargaining. No later than such time, the parties shall also submit to the commission a written stipulation with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission shall submit to the parties a list of 7 arbitrators. Upon receipt of the list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of the notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

SB405,13,22 b. The arbitrator shall, within 10 days of his or her appointment, establish a date and place for the conduct of the arbitration hearing. The arbitration hearing shall be held within 60 days of the arbitrator's appointment. Upon petition of at least 5 citizens of the jurisdiction served by the municipal employer, filed within 10 days after the date on which the arbitrator is appointed, the arbitrator shall hold a public hearing in the jurisdiction for the purpose of providing the opportunity to both parties to explain or present supporting arguments for their positions and to members of the public to offer their comments and suggestions. The final offers of the parties, as transmitted by the commission to the arbitrator, shall serve as the basis for continued negotiations, if any, between the parties with respect to the issues in dispute. At any time prior to the arbitration hearing, either party, with the consent of the other party, may modify its final offer in writing.

SB405,14,7 c. Prior to the arbitration hearing, either party may, within a time limit established by the arbitrator, withdraw its final offer and mutually agreed upon modifications thereof, if any, and shall immediately provide written notice of such withdrawal to the other party, the arbitrator and the commission. If both parties withdraw their final offers and mutually agreed upon modifications, the labor organization, after giving 10 days' written advance notice to the municipal employer and the commission, may strike. Unless both parties withdraw their final offers and mutually agreed upon modifications, the final offer of neither party shall be deemed withdrawn and the arbitrator shall proceed to resolve the dispute by final and binding arbitration as provided in this paragraph.

SB405,14,21 d. Before issuing his or her arbitration decision, the arbitrator shall, on his or her own motion or at the request of either party, conduct a meeting open to the public for the purpose of providing the opportunity to both parties to explain or present supporting arguments for their complete offer on all matters to be covered by the proposed agreement. No later than 40 days after the arbitration hearing that is conducted under subd. 10. b., the arbitrator shall adopt without further modification the final offer of one of the parties on all disputed issues submitted under subd. 10. a., except those items that the commission determines not to be mandatory subjects of bargaining and those items which have not been treated as mandatory subjects of collective bargaining by the parties, and including any prior modifications of such offer mutually agreed upon by the parties under subd. 10. b., which decision shall be final and binding on both parties and shall be incorporated into a written collective bargaining agreement. The arbitrator shall serve a copy of his or her decision on both parties and the commission.

SB405,15,6 e. For any hearing conducted under this subdivision, the parties shall exchange all exhibits, if any, at least 20 days before the scheduled date of the hearing. Any party that objects to an exhibit offered by the other party shall file an objection with the arbitrator or arbitration panel at least 5 days before the scheduled date of the hearing. For any hearing conducted under this subdivision, the parties shall exchange hearing briefs and shall either file a copy of the hearing brief with the arbitrator or file 3 copies of the hearing briefs with the arbitration panel, whichever is appropriate, at least 5 days before the scheduled date of the hearing. The arbitrator or arbitration panel may not consider any briefs that are not filed in accordance with this subd. 10. e.

SB405,15,8 f. Arbitration proceedings may not be interrupted or terminated by reason of any prohibited practice complaint filed by either party at any time.

SB405,15,16 g. If a question arises as to whether any proposal made in negotiations by either party is a mandatory, permissive or prohibited subject of bargaining, the commission shall determine the issue pursuant to par. (b). If either party to the dispute petitions the commission for a declaratory ruling under par. (b), the proceedings under subd. 10. c. and d. shall be delayed until the commission renders a decision in the matter, but not during any appeal of the commission order. The arbitrator's award shall be made in accordance with the commission's ruling, subject to automatic amendment by any subsequent court reversal thereof.

SB405,15,19 h. The costs of arbitration shall be divided equally between the parties. The arbitrator shall submit a statement of his or her costs to both parties and to the commission.

SB405,16,6 11. `Dispute resolution judicial process.' a. If the parties select the dispute resolution judicial process as the dispute resolution procedure to settle a dispute over wages, hours and conditions of employment that are to be included in a new collective bargaining agreement, each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute. The final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject of bargaining. The final offers shall be considered public documents and shall be available from the commission. No later than such time, the parties shall also submit to the commission a written stipulation with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement.

SB405,16,24 b. Unless otherwise provided in subd. 11. c., the commission shall randomly select a dispute resolution judge to conduct the dispute resolution judicial process under this subdivision. If no party objects to the dispute resolution judge who is selected by the commission within 5 days after his or her selection, the commission shall appoint the dispute resolution judge to conduct the dispute resolution proceedings. If one party objects to the dispute resolution judge who is selected by the commission, the party shall file a written objection with the commission no later than 5 days after his or her selection. Upon receipt of the objection, the commission shall randomly select another dispute resolution judge. If the other party does not object to the selection of this dispute resolution judge within 5 days after his or her selection, the commission shall appoint this dispute resolution judge to conduct the dispute resolution proceedings. If the other party objects to the selection of this dispute resolution judge, the party shall file a written objection with the commission no later than 5 days after his or her selection. Upon receipt of the objection, the commission shall randomly select yet another dispute resolution judge to conduct the dispute resolution proceedings. The commission shall then appoint this dispute resolution judge to conduct the dispute resolution proceedings and shall submit to him or her the final offers of the parties.

SB405,17,3 c. The parties may mutually agree to a dispute resolution judge selection process that is different from the process specified in subd. 11. b. Any such agreement shall be filed in writing with the commission.

SB405,17,9 d. After the commission has appointed a dispute resolution judge, each party shall designate a person to serve as advocate no later than 3 days after the appointment of the dispute resolution judge. At the time each party designates its advocate, the party shall notify, in writing, the other party, the dispute resolution judge and the commission. The dispute resolution judge and the 2 advocates shall constitute the dispute resolution tripartite panel.

SB405,17,22 e. The dispute resolution judge may establish dates and place of hearings and shall conduct the hearings under rules established by the commission, except that all hearings shall be held no later than 60 days after the dispute resolution judge's appointment under subd. 11. b. or c. Upon request, the commission shall issue subpoenas for hearings conducted by the dispute resolution judge. The dispute resolution judge may administer oaths. Upon completion of the hearings, but not later than 40 days after completion of the hearings, the dispute resolution tripartite panel, by majority vote, shall make written findings of fact and recommendations for solution of the dispute and shall serve the findings and recommendations on the parties and the commission. In making findings and recommendations, the dispute resolution tripartite panel shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration.

SB405,18,9 f. Subject to subd. 11. g., if the parties have not resolved the dispute within 30 days after service of the dispute resolution tripartite panel's written findings of fact and recommendations for resolving the dispute, the dispute resolution judge, within 10 days, shall reconvene the dispute resolution tripartite panel. The dispute resolution tripartite panel, by majority vote, shall adopt without further modification the final offer of one of the parties on all disputed issues submitted under subd. 11. a., except those items that the commission determines not to be mandatory subjects of bargaining and those items which have not been treated as mandatory subjects of collective bargaining by the parties, which decision shall be final and binding on both parties and shall be incorporated into a written collective bargaining agreement. The dispute resolution judge shall serve a copy of the decision on both parties and the commission.

SB405,18,13 g. The dispute resolution tripartite panel, by a unanimous vote, may extend any time limit specified in subd. 11. f. only upon a showing by one or both of the parties of exceptional need. A stipulation by the parties to agree to extend any time limit specified in subd. 11. f. does not, in itself, constitute exceptional need.

SB405,18,22 h. For any hearing conducted under this subdivision, the parties shall exchange all exhibits, if any, at least 20 days before the scheduled date of the hearing. Any party that objects to an exhibit offered by the other party shall file a written objection with the dispute resolution judge at least 5 days before the scheduled date of the hearing. For any hearing conducted under this subdivision, the parties shall exchange hearing briefs and shall file 3 copies of the hearing briefs with the dispute resolution tripartite panel at least 5 days before the scheduled date of the hearing. The dispute resolution tripartite panel may not consider any briefs that are not filed in accordance with this subd. 11. h.

SB405,18,25 i. Dispute resolution tripartite proceedings may not be interrupted or terminated by reason of any prohibited practice complaint filed by either party at any time.

SB405,19,8 j. If a question arises as to whether any proposal made in negotiations by either party is a mandatory, permissive or prohibited subject of bargaining, the commission shall determine the issue pursuant to par. (b). If either party to the dispute petitions the commission for a declaratory ruling under par. (b), the proceedings under subd. 11. e. and f. shall be delayed until the commission renders a decision in the matter, but not during any appeal of the commission order. The dispute resolution tripartite panel's award shall be made in accordance with the commission's ruling, subject to automatic amendment by any subsequent court reversal thereof.

SB405,19,10 k. The costs of the dispute resolution tripartite process shall be divided equally between the parties.

SB405,19,18 12. `Factor given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator, arbitration panel or dispute resolution tripartite panel shall consider and shall give the greatest weight to any state law or directive lawfully issued by a state legislative or administrative officer, body or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer. The arbitrator, arbitration panel or dispute resolution tripartite panel shall give an accounting of the consideration of this factor in the decision.

SB405,19,23 12g. `Factor given greater weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator, arbitration panel or dispute resolution tripartite panel shall consider and shall give greater weight to economic conditions in the jurisdiction of the municipal employer than to any of the factors specified in subd. 12r.

SB405,20,3 12r. `Other factors considered.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator, arbitration panel or dispute resolution tripartite panel shall also give weight to the following factors:

SB405,20,8 a. Comparison of wages, hours and conditions of employment of the municipal employes involved in the arbitration proceedings with the wages, hours and conditions of employment of other municipal employes of the municipal employer and other employes in public and private employment who perform similar services in the same community and comparable communities.

SB405,20,12 b. In addition to the factors specified in subd. 12r. a., such other factors that are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through collective bargaining in the public service or in private employment.

SB405,20,15 13. `Rule making; interest arbitration.' The commission shall adopt rules for the conduct of all arbitration proceedings under subd. 10., including, but not limited to, rules for:

SB405,20,17 a. The appointment of tripartite arbitration panels when requested by the parties.

SB405,20,19 b. The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.

SB405,20,21 c. The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.

SB405,20,22 d. Proceedings for the enforcement of arbitration decisions.

SB405,20,25 14. `Rule making; dispute resolution judicial process.' The commission shall adopt rules for the conduct of all dispute resolution judicial proceedings under subd. 11.

SB405,21,7 15. `Term of agreement; reopening of negotiations.' a. Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employes subject to this paragraph other than school district professional employes shall be for a term of 2 years. No collective bargaining agreement for any collective bargaining unit consisting of municipal employes subject to this paragraph other than school district professional employes shall be for a term exceeding 3 years.

SB405,21,14 b. Except for the initial collective bargaining agreement between the parties, every collective bargaining agreement covering municipal employes who are school district professional employes shall be for a term of 2 years expiring on June 30 of the odd-numbered year. An initial collective bargaining agreement between parties covering municipal employes who are school district professional employes shall be for a term ending on June 30 following the effective date of the agreement, if that date is in an odd-numbered year, or otherwise on June 30 of the following year.

SB405,21,20 c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

SB405,21,22 16. `Application.' a. Chapter 788 does not apply to arbitration proceedings under this paragraph.

SB405,21,24 b. This paragraph does not apply to labor disputes involving municipal employes who are engaged in law enforcement or fire fighting functions.

SB405, s. 12 Section 12. 111.70 (4) (d) 2. a. of the statutes is amended to read:

SB405,23,3 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employes in the same or several departments, divisions, institutions, crafts, professions or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employes concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employes constitutes an appropriate collective bargaining unit if the group includes both municipal employes who are school district professional employes and municipal employes who are not school district professional employes. The commission shall not decide , however, that any other group of municipal employes constitutes an appropriate collective bargaining unit if the group includes both professional employes and nonprofessional employes, unless a majority of the professional employes vote for inclusion in the unit. The commission shall not decide that any group of municipal employes constitutes an appropriate collective bargaining unit if the group includes both craft employes and noncraft employes unless a majority of the craft employes vote for inclusion in the unit. The commission shall place the professional employes who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employes whenever at least 30% of those professional employes request an election to be held to determine that issue and a majority of the professional employes at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.

SB405, s. 13 Section 13. 111.70 (4) (L) of the statutes is amended to read:

SB405,23,9 111.70 (4) (L) Strikes prohibited. Except as authorized under par. (cm) 5. and 6. c. 7., 9. and 10. c., nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employe or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under sub. (7m).

SB405, s. 14 Section 14. 111.70 (7m) (c) 3. of the statutes is amended to read:

SB405,23,16 111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or otherwise participates in a strike after the issuance of any final and binding arbitration award or decision or dispute resolution judicial decision under sub. (4) (cm) and prior to the end of the term of the agreement which the award or decision amends or creates shall forfeit not less than $15. Each day of continued violation constitutes a separate offense.

SB405, s. 15 Section 15. 111.70 (7m) (e) of the statutes is amended to read:

SB405,23,23 111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration award or decision or dispute resolution judicial decision under sub. (4) (cm) in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, shall be liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award or decision.

SB405, s. 16 Section 16. 111.71 (2) of the statutes is amended to read:

SB405,25,18 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission determine whether a collective bargaining impasse exists under s. 111.70 (4) (cm) 5. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4. 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate consensus bargaining under s. 111.70 (4) (cm) 6. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. or (cm) 8. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1. or (cm) 3. 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) 6. 10. or (jm) or 111.77 (3). The commission shall assess and collect a fee for the commission's initiating dispute resolution judicial proceedings under s. 111.70 (4) (cm) 11. For the performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cm) 3., 4., 5., 6., 8., 10. and 6. 11. and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for impasse determination, fact-finding, mediation or, arbitration or the dispute resolution judicial process. A complaint or request for impasse determination, fact-finding, mediation or, arbitration or the dispute resolution judicial process is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) 6. 10. or (jm) or 111.77 (3) or dispute resolution judicial proceedings under s. 111.70 (4) (cm) 11. shall not prohibit the commission from initiating such arbitration or dispute resolution judicial proceedings. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

SB405, s. 17 Section 17. 111.71 (3) of the statutes is created to read:

SB405,25,24 111.71 (3) (a) The council on municipal collective bargaining shall provide advice to the commission on the operation of this subchapter and may make recommendations relating to the law. The commission may refer to the council for its study and advice any matter having to do with collective bargaining between municipal employers and municipal employes under this subchapter.

SB405,26,2 (b) The vote of 7 of the voting members of the council on municipal collective bargaining is required for the council to act on any matter before it.

SB405,26,7 (c) The council on municipal collective bargaining shall continuously review the operation of the dispute settlement procedures under s. 111.70 (4) (cm) and (7m). The council shall submit its recommendations with respect to any amendment to s. 111.70 (4) (cm) or (7m) to the chief clerk of each house of the legislature under s. 13.172 (2) at the commencement of each legislative session.

SB405,26,12 (d) The council on municipal collective bargaining shall review each pending legislative proposal relating to the modification of the dispute settlement procedures under s. 111.70 (4) (cm) and (7m) and shall report its findings and recommendations relating to the proposal to the chief clerk of each house of the legislature for referral to the appropriate standing committee under s. 13.172 (3).

SB405, s. 18 Section 18. 111.71 (4) of the statutes is amended to read:

SB405,26,18 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law and the dispute resolution judicial process under s. 111.70 (4) (cm). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

SB405, s. 19 Section 19. 111.71 (5) of the statutes is amended to read:

SB405,27,4 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or, arbitration panel members or dispute resolution judges under s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.

SB405, s. 20 Section 20. 111.71 (5m) of the statutes is created to read:

SB405,27,22 111.71 (5m) The commission shall prescribe a methodology for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employes for each 12-month period ending on June 30. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employes who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank or qualifications of the school district professional employes. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred.

SB405, s. 21 Section 21. 111.71 (5r) of the statutes is created to read:

SB405,28,2 111.71 (5r) (a) With the advice of the commission, the council on municipal collective bargaining shall establish a list of persons qualified to serve as dispute resolution judges under s. 111.70 (4) (cm) 11. Such a list shall only consist of persons who are residents of this state.

SB405,28,5 (b) From the list of those persons established under par. (a), the governor shall nominate, and with the advice and consent of the senate appoint, 12 persons to serve as dispute resolution judges under s. 111.70 (4) (cm) 11.

SB405,28,6 (c) Dispute resolution judges shall serve 4-year terms that expire on May 1.

SB405,28,8 (d) No person may serve as a dispute resolution judge for more than 2 consecutive terms.

SB405, s. 22 Section 22. 118.245 (3) of the statutes is amended to read:

SB405,28,25 118.245 (3) No school district may provide to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase for all such employes in the total cost to the school district of compensation and fringe benefits for such employes having an average cost per employe exceeding 3.8% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for the preceding 12-month period ending on June 30 or the average total percentage increased cost per employe of compensation and fringe benefits provided to its represented professional employes during the 12-month period ending on June 30 preceding the date that the increase becomes effective, whichever is greater. In this subsection, the cost of compensation includes the cost of any increase in compensation due to a promotion or the attainment of increased professional qualifications. For purposes of this subsection, the average total percentage increased cost per employe of the compensation provided by a school district to its represented professional employes shall be determined in accordance with the method methodology prescribed by the employment relations commission under s. 111.70 (4) (cm) 8s 111.71 (5m).

SB405, s. 23 Section 23. 120.18 (1) (gm) of the statutes is amended to read:

SB405,29,15 120.18 (1) (gm) Payroll and related benefit costs for all school district employes in the previous school year. Costs for represented employes shall be based upon the costs of any collective bargaining agreements covering such employes for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employes and the school district and the representative have been required to submit final offers under s. 111.70 (4) (cm) 6. 10. or 11., increased costs limited to the lower of the school district's offer or the representative's offer shall be reflected in the report. The school district shall amend the annual report to reflect any change in such costs as a result of any award or settlement under s. 111.70 (4) (cm) 6. 10. or 11. between the date of filing the report and October 1. Any such amendment shall be concurred in by the licensed accountant certifying the school district audit.

SB405, s. 24 Section 24. 904.085 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 272), is amended to read:

SB405,29,23 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. 4. or 111.87, mediation under s. 115.812, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

SB405, s. 25 Section 25. Nonstatutory provisions.

SB405,29,25 (1) Length of terms of dispute resolution judges.

SB405,30,6 (a) Initial terms. Notwithstanding the lengths of terms specified for dispute resolution judges under section 111.71 (5r) (c) of the statutes, as created by this act, 3 dispute resolution judges shall be appointed for terms expiring on May 1, 2000, 3 dispute resolution judges shall be appointed for terms expiring on May 1, 2001, 3 dispute resolution judges shall be appointed for terms expiring on May 1, 2002, and 3 dispute resolution judges shall be appointed for terms expiring on May 1, 2003.

SB405,30,10 (b) Term limitations. Notwithstanding section 111.71 (5r) (d) of the statutes, as created by this act, no person appointed under paragraph (a) to an initial term that is 2 years or less may serve as a dispute resolution judge for more than that term and an additional 2 consecutive terms.

SB405,30,16 (2) Position authorization for dispute resolution judges. The authorized FTE positions for the employment relations commission are increased by 12.0 PR dispute resolution judge positions, to be funded from the appropriation under section 20.425 (1) (i) of the statutes, as affected by this act, for the purpose of carrying out the dispute resolution judicial process under section 111.70 (4) (cm) 11. of the statutes, as created by this act.

SB405, s. 26 Section 26. Initial applicability.

SB405,30,24 (1) The treatment of sections 111.70 (1) (a), (cm), (dm), (hm) and (nc), (3) (a) 7. and (b) 6., (4) (cm), (d) 2. a. and (L) and (7m) (c) 3. and (e), 111.71 (2), (4), (5) and (5m), 118.245 (3), 120.18 (1) (gm) and 904.085 (2) (a) of the statutes first applies to collective bargaining agreements that cover periods of time beginning after June 30, 1998, and that, with respect to which agreements, the employment relations commission has not accepted a petition for arbitration filed under s. 111.70 (4) (cm) 6., 1995 stats.

SB405,30,25 (End)