AB920: Bill Text

AB920, s. 162 Section 162. 106.01 (5i) (a) of the statutes is amended to read:

AB920,72,3 106.01 (5i) (a) The proper persons described in sub. (4) (a) to (d) may enter into such an indenture with any employer or organization of employes, association of employers or other similar responsible agency in this state. Such .

AB920,72,9 (am) 1. Upon entering into an indenture, an organization, association or other agency shall thereupon, with the written consent of the other parties to the indenture, and the written acceptance thereof of the indenture by the proposed employer, assign the indenture to the proposed employer, and the proposed employer and the apprentice named in the indenture shall be bound by the terms thereof. Such of the indenture.

AB920,72,19 2. The consent and acceptance described in subd. 1. shall be executed in triplicate and one copy of each. One of the triplicate original consents and acceptances shall be delivered, respectively to the department, one to the employer and one to the apprentice, and in each case shall be attached to the proper indenture. The approval of the department shall first be had is required in each transaction. Such An organization, association or other agency that enters into an indenture under par. (a) shall have the exclusive right to assign the indenture, and the apprentice shall not be permitted to enter into any other indenture. The period transpiring before assignment to an employer shall not be credited toward the period of apprenticeship.

Note: "Organization", created as a definition by this bill, includes "association or other agency".

AB920, s. 163 Section 163. 106.01 (5i) (b) of the statutes is amended to read:

AB920,73,15 106.01 (5i) (b) Any employer that has entered into an indenture may assign the employer's indenture, with the approval of the department and the written consent of the other parties thereto, to the indenture, assign the indenture to any association of employers, organization of employes or any other similar responsible agency in this state. The period of time in which such association, the organization or other agency shall be such is the assignee shall not be credited as time served by the apprentice. After such the assignment , the association, organization or other agency shall, with the approval of the department and the written consent of the apprentice, assign reassign the indenture to an employer, but the apprentice shall not be bound by the assignment unless the assignee employer accepts, by the employer's signed instruments, the terms of the indenture and that the employer will complete the employer's agrees to perform the unperformed obligations thereunder; each such of the indenture. The consent and acceptance shall be executed in triplicate and one of each, respectively,. One of the triplicate original consents and acceptances shall be delivered to the department, one to the assignee employer and one to the apprentice, and in each case shall be attached to the proper indenture. Upon acceptance the of the indenture, the assignee employer shall for all purposes be deemed considered a party to the indenture.

AB920, s. 164 Section 164. 106.01 (5i) (c) of the statutes is amended to read:

AB920,74,3 106.01 (5i) (c) Any employer that has entered into an indenture may, with the written consent, executed in triplicate, of the other parties to the indenture and the approval of the department, may assign such the indenture to another employer whose written acceptance shall be executed upon the instrument of consent. One copy of such consent and acceptance of the triplicate original consents and acceptances shall be delivered, respectively, to the apprentice, one to the assignee employer and one to the department, and shall in each case be attached to the indenture in their respective possessions each party's possession. After assignment, the new assignee employer shall perform the unperformed obligations of the indenture. The department shall continue to have jurisdiction over the an indenture assigned pursuant to under this subsection paragraph and the parties bound after such the assignment.

AB920, s. 165 Section 165. 106.01 (5j), (5k), (6), (8), (9) and 10 of the statutes are amended to read:

AB920,74,15 106.01 (5j) The department may, and it shall have power on its own motion, or on the complaint of any person, after due notice and a hearing had, make findings and issue orders declaring any indenture, contract or agreement at an end if it shall be is proved at such the hearing that any apprentice, employer or such organization, association or other agency that is a party to the indenture is unable to continue with the obligations under the contract indenture or has breached the same indenture. Upon the termination of the indenture, the released apprentice released therefrom shall be free to enter into a new indenture under such any terms and conditions and terms as approved by the department may approve and which that are not inconsistent with this section.

AB920,74,18 (5k) The department shall, upon request, furnish a copy of any instrument required to be filed with it under this section, to any party whose name appears on such the requested instrument.

AB920,74,24 (6) The An employer shall pay for the time the an apprentice is receiving related instruction for no fewer hours than specified in sub. (5) (d) at the same rate per hour as for services. Nothing herein shall This subsection does not prohibit an agreement between the parties requiring the apprentice to take additional instruction on the apprentice's own time in excess of the number of hours required by statute. Attendance at school shall be certified by the teacher in charge.

AB920,75,6 (8) If either party to an indenture shall fail fails to perform any of the stipulations thereof of the indenture, the nonperforming party shall forfeit not less than one dollar nor more than $100, such forfeiture which is to be collected on complaint of the department, and paid into the state treasury. Any indenture may be annulled by the department upon application of either party and good cause shown.

AB920,75,17 (9) It shall be the duty of the The department, and it shall have power, jurisdiction and authority, to investigate, ascertain, determine and may investigate, fix such reasonable classifications and to, issue rules and regulations, and general or special orders and to, hold hearings and, make findings and render orders thereon upon its findings as shall be necessary to carry out the intent and purposes of s. 106.01. Such hearings, this section. The investigations, classifications, hearings, findings and orders shall be made as provided in s. 103.005 and. Except as provided in sub. (8), the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violations of s. 106.01, excepting as to the penalties provided in s. 106.01 (8). Said orders shall be this section. Orders issued under this subsection are subject to review in the manner provided in under ch. 227.

AB920,75,21 (10) It shall be the duty of all school officers and public school teachers to cooperate with the department and employers of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, such any instruction as that may be required to be given apprentices.

AB920, s. 166 Section 166. 106.02 of the statutes is amended to read:

AB920,76,4 106.02 Carpenters' apprentices. After July 1, 1943, every Every person, regardless of age, commencing a carpentry apprenticeship, shall be indentured enter into an indenture under and be subject to s. 106.01, except that if the apprentice is 18 years or more of age the apprentice's signature only shall be necessary to bind the apprentice. Such A carpentry apprenticeship shall be for a period of 4 years, except that the department may upon the application of the apprentice or the employer, or both, extend such that term for not to exceed up to one additional year.

Note: Amends language to conform to the creation of the definition of "indenture" in s. 106.001 (2). Also deletes or replaces obsolete language for improved readability and consistency with current style.

AB920, s. 167 Section 167. 106.025 (2) of the statutes is amended to read:

AB920,76,9 106.025 (2) Every person commencing a plumbing apprenticeship shall be indentured enter into an indenture under s. 106.01. The term of a plumbing apprentice is 5 years, but the department may upon application of the apprentice, the apprentice's employer or both extend the term for up to one additional year.

Note: Amends language to conform to the creation of the definition of "indenture" in s. 106.001 (2).

AB920, s. 168 Section 168. 108.02 (2) (dm) of the statutes is amended to read:

AB920,76,14 108.02 (2) (dm) In the employ of a group of operators of farms (, or a cooperative organization of which such operators of farms are members), in the performance of service described in par. (d), but only if such operators produced more than one-half of the commodity with respect to which such service is performed.

Note: Replaces parentheses and inserts specific reference for improved readability and consistency with current style.

AB920, s. 169 Section 169. 108.02 (15) (e) of the statutes is amended to read:

AB920,77,2 108.02 (15) (e) In determining whether an individual's entire services shall be deemed considered "employment" subject to this chapter, under pars. (b), (c), (d), (dm) and (dn), the department may determine and redetermine the individual's status hereunder for such reasonable periods as it deems considers advisable, and may refund (, as paid by mistake), any contributions which that have been paid hereunder with respect to services duly covered under any other unemployment insurance law.

Note: Replaces parentheses and disfavored terms consistent with current style.

AB920, s. 170 Section 170. 108.03 (1) of the statutes is amended to read:

AB920,77,8 108.03 (1) Benefits shall be paid to each unemployed and eligible employe from his or her employer's account, under the conditions and in the amounts stated in (, or approved by the department pursuant to), this chapter, and at such times, at such places, and in such manner as the department may from time to time approve or prescribe.

Note: Replaces parentheses consistent with current style.

AB920, s. 171 Section 171. 108.04 (9) (a) and (b) of the statutes are amended to read:

AB920,77,11 108.04 (9) (a) If the position offered is vacant due directly to a strike, lockout or other labor dispute;.

AB920,77,14 (b) If the wages, hours (, including arrangement and number), or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;.

Note: Replaces punctuation and parentheses consistent with current style.

AB920, s. 172 Section 172. 108.04 (12) (d) of the statutes is amended to read:

AB920,77,19 108.04 (12) (d) Any individual who receives unemployment insurance for a given week under the law of any other state (, with no use of benefit credits earned under this chapter), shall be ineligible for benefits paid or payable for that same week under this chapter.

Note: Replaces parentheses consistent with current style.

AB920, s. 173 Section 173. 108.14 (8n) (b), (c) and (d) of the statutes are amended to read:

AB920,78,8 108.14 (8n) (b) Such arrangements Arrangements under par. (a) may provide, as to any individual whose employment has been covered by this chapter and by the unemployment insurance law of one or more other participating jurisdictions, for transfer by the department to another agency of relevant records or information, and the acceptance and use thereof of the records and information, in combination with similar data from other jurisdictions, by such the other agency, as a basis for computing and paying benefits under the law administered by such the other agency. Reciprocally, such arrangements under par. (a) may provide for similar acceptance, combination and use by the department of data received from other jurisdictions to compute and pay benefits under this chapter.

AB920,78,12 (c) Such arrangements Arrangements under par. (a) shall provide for mutual acceptance by the participating agencies of data thus supplied under par. (b), including reasonable estimates of relevant data not otherwise available in the transferring agency.

AB920,78,17 (d) Such arrangements Arrangements under par. (a) shall specify an equitable basis for reimbursing the unemployment fund of each participating jurisdiction for any benefits paid therefrom on the basis of covered employment in (, and data supplied by the agency of), another such participating jurisdiction, out of the unemployment fund of such the other jurisdiction.

Note: Inserts specific references and cross-references for improved readability and consistency with current style.

AB920, s. 174 Section 174. 108.14 (8n) (f) of the statutes is amended to read:

AB920,78,22 108.14 (8n) (f) To facilitate the application of such arrangements under par. (a) to this chapter, the department may, from data received by it under such arrangements, make reasonable estimates of quarterly wages and may compute and pay benefits accordingly.

Note: Inserts specific cross-reference for improved readability and consistency with current style.

AB920, s. 175 Section 175. 108.16 (6) (b) and (c) of the statutes are amended to read:

AB920,79,2 108.16 (6) (b) Any reimbursement made pursuant to s. 108.04 (13) (d);.

AB920,79,4 (c) Any balance credited to an employer's account, if and when the employer ceases to be subject to this chapter, except as provided in sub. (8) ;.

Note: Replaces punctuation consistent with current style.

AB920, s. 176 Section 176. 108.16 (6) (e) of the statutes, as affected by 1999 Wisconsin Act 15, is amended to read:

AB920,79,11 108.16 (6) (e) The amount of any benefit check duly issued and delivered or mailed to an employe, if such the benefit check has not been presented for payment within one year after its date of issue; provided that a substitute check may be issued and charged to the balancing account, if the employe makes application therefor within 6 years after the date of issue of the original check;.

Note: Inserts specific reference and replaces punctuation and a disfavored term for improved readability and consistency with current style. See also the next 2 sections of this bill.

AB920, s. 177 Section 177. 108.16 (6m) (f) of the statutes is created to read:

AB920,79,13 108.16 (6m) (f) The amount of any substitute check issued under sub. (11).

Note: Relocates material from s. 108.16 (6) (e), above.

AB920, s. 178 Section 178. 108.16 (11) of the statutes is created to read:

AB920,79,17 108.16 (11) The fund's treasurer may issue a substitute check to an employe to replace a check that is canceled under sub. (6) (e), if the employe makes application therefor within 6 years after the date of issue of the original check.

Note: Relocates material from s. 108.15 (6) (e), above.

AB920, s. 179 Section 179. 111.02 (2) of the statutes is amended to read:

AB920,80,2 111.02 (2) "Collective bargaining" is the negotiating by an employer and a majority of the employer's employes in a collective bargaining unit (, or their representatives), concerning representation or terms and conditions of employment of such employes, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

Note: Replaces parentheses consistent with current style.

AB920, s. 180 Section 180. 111.05 (4) of the statutes is amended to read:

AB920,80,12 111.05 (4) Questions concerning the determination of collective bargaining units or representation of employes may be raised by petition of any employe or the employe's employer (, or the representative of either of them). Where it appears by the petition that any emergency exists requiring prompt action, the commission shall act upon said on the petition forthwith immediately and hold the election requested within such time as will meet the requirements of the emergency presented. The fact that one election has been held shall does not prevent the holding of another election among the same group of employes, provided that it appears to the commission that sufficient reason therefor for another election exists.

Note: Replaces parentheses consistent with current style.

AB920, s. 181 Section 181. 111.06 (1) (f) of the statutes is amended to read:

AB920,80,15 111.06 (1) (f) To violate the terms of a collective bargaining agreement (, including an agreement to accept an arbitration award).

Note: Replaces parentheses consistent with current style.

AB920, s. 182 Section 182. 111.06 (2) (e) of the statutes is amended to read:

AB920,80,21 111.06 (2) (e) To cooperate in engaging in, promoting or inducing picketing ( that does not constituting constitute an exercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employes of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike.

Note: Replaces text to accommodate the replacement of parentheses consistent with current style.

AB920, s. 183 Section 183. 111.115 (3) of the statutes is amended to read:

AB920,81,11 111.115 (3) Where the exercise of the right to strike by employes of any employer engaged in the state of Wisconsin in the production, harvesting or initial off-farm processing (the latter after leaving the farm) of any farm or dairy product produced in this state would tend to cause the destruction or serious deterioration of such product, the employes shall give to the commission at least 10 days' notice of their intention to strike and the commission shall immediately notify the employer of the receipt of such notice. Upon receipt of such notice, the commission shall take immediate steps to effect mediation, if possible. In the event of the failure of the efforts to mediate, the commission shall endeavor to induce the parties to arbitrate the controversy.

Note: Replaces parenthetical phrase for improved readability and consistency with current style.

AB920, s. 184 Section 184. 111.57 (3) (e) of the statutes is renumbered 111.57 (3) (e) 1. and amended to read:

AB920,81,19 111.57 (3) (e) 1. The overall compensation presently received by the employes, having regard not only to wages for time actually worked but also to wages for time not worked, including (, without limiting the generality of the foregoing), vacation, holidays, and other excused time, and all benefits received, including insurance and pensions, medical and hospitalization benefits and the continuity and stability of employment enjoyed by the employes.

AB920,82,2 2. The foregoing enumeration of factors under subd. 1. shall not be construed as precluding the arbitrator from taking into consideration other factors not confined to the local labor market area which that are normally or traditionally taken into consideration in the determination of wages, hours and working conditions through voluntary collective bargaining or arbitration between the parties.

Note: Subdivides provision, inserts specific cross-reference and replaces parentheses for improved readability and consistency with current style.

AB920, s. 185 Section 185. 112.10 (1) (b) of the statutes is amended to read:

AB920,82,8 112.10 (1) (b) "Gift instrument" means a will, deed, grant, conveyance, agreement, memorandum, writing, or other governing document (, including the terms of any institutional solicitations from which an institutional fund resulted), under which property is transferred to or held by an institution as an institutional fund.

Note: Replaces parentheses consistent with current style.

AB920, s. 186 Section 186. 114.002 (6) of the statutes is amended to read:

AB920,82,16 114.002 (6) "Air navigation facility" means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off takeoff, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

Note: Replaces word not appearing in the dictionary.

AB920, s. 187 Section 187. 114.14 (3) of the statutes is renumbered 114.14 (3) (a) (intro.) and amended to read:

AB920,82,20 114.14 (3) (a) (intro.) In Except as provided in par. (b), in carrying out its duties the airport commission may employ do any of the following:

AB920,83,2 1. Employ a manager, who may be a member of the commission, and fix the manager's compensation (but no member of the commission shall vote on the question of his or her selection as manager nor on any question as to his or her compensation), and employ.

AB920,83,4 2. Employ and fix the compensation of such other employes as may be deemed other than a manager that the commission considers necessary; may make such.

AB920,83,7 3. Make contracts or other arrangements as may be deemed that the commission considers necessary for the construction, improvement, equipment, maintenance or operation of the airport; may contract .