AB494: Bill Text

LRB-3050/2

RAC:jlg:ijs

1999 - 2000 LEGISLATURE

1999 Assembly BILL 494

October 1, 1999 - Introduced by Joint Legislative Council. Referred to Committee on Labor and Employment.

AB494,1,3 An Act to amend 111.70 (1) (a); and to create 111.70 (4) (n) of the statutes; relating to: a public hearing on a school calendar prior to engaging in collective bargaining.

Analysis by the Legislative Reference Bureau

For further information, see the Notes provided by the joint legislative council in the bill.

For further information see the state and 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:

Prefatory note: This bill was prepared for the joint legislative council's special committee on the school calendar.

Under current law, school district employes have the right to bargain collectively with their employing school district. The subject of school calendaring must be collectively bargained when the calendaring primarily relates to wages, hours and conditions of employment.

This bill provides that a school district may not collectively bargain with school district professional employes before the school district holds a public hearing on the subject of the establishment of the school calendar. The hearing requirement will first apply to a collective bargaining agreement that expires or is extended, modified or renewed on the first day of the 6th month after the effective date of the legislation.

AB494, s. 1 Section 1. 111.70 (1) (a) of the statutes is amended to read:

AB494,2,24 111.70 (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) 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.

AB494, s. 2 Section 2. 111.70 (4) (n) of the statutes is created to read:

AB494,3,5 111.70 (4) (n) Public hearing on the commencement of a school term. In a school district, the municipal employer may not engage in collective bargaining with school district professional employes who are included within a collective bargaining unit for which a representative is recognized or certified until the municipal employer holds a public hearing on the subject of the establishment of the school calendar.

AB494, s. 3 Section 3. Initial applicability.

AB494,3,9 (1) This act first applies to a collective bargaining agreement that expires or is extended, modified or renewed, whichever occurs first, on the first day of the 6th month beginning after the effective date of this subsection.

AB494,3,10 (End)