AB462: Bill Text

AB462,9,21 111.70 (4) (cm) 7. `Factor Factors given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give the greatest weight to the expenditure limit in subd. 6. am. and 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 or arbitration panel shall give an accounting of the consideration of this factor these factors in the arbitrator's or panel's decision.

AB462, s. 12 Section 12. 111.70 (4) (cm) 7r. d. of the statutes is amended to read:

AB462,9,25 111.70 (4) (cm) 7r. d. Comparison of wages, hours and conditions of employment of the municipal employees involved in the arbitration proceedings with the wages, hours and conditions of employment of other employees performing similar services. In making this comparison, the arbitrator or arbitration panel shall consider wages, hours, and conditions of employment as a whole, rather than as individual elements.

AB462, s. 13 Section 13. 111.70 (4) (cm) 7r. e. of the statutes is amended to read:

AB462,10,9 111.70 (4) (cm) 7r. e. Comparison of the wages, hours and conditions of employment of the municipal employees involved in the arbitration proceedings with the wages, hours and conditions of employment of other employees generally in public employment in the same community and in comparable communities. In making this comparison, the arbitrator or arbitration panel shall consider wages, hours, and conditions of employment as a whole, rather than as individual elements.

AB462, s. 14 Section 14. 111.70 (4) (cm) 7r. f. of the statutes is amended to read:

AB462,10,16 111.70 (4) (cm) 7r. f. Comparison of the wages, hours and conditions of employment of the municipal employees involved in the arbitration proceedings with the wages, hours and conditions of employment of other employees in private employment in the same community and in comparable communities. In making this comparison, the arbitrator or arbitration panel shall consider wages, hours, and conditions of employment as a whole, rather than as individual elements.

AB462, s. 15 Section 15. 111.70 (4) (cm) 7r. h. of the statutes is amended to read:

AB462,10,23 111.70 (4) (cm) 7r. h. The overall compensation presently received by the municipal employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. In making this comparison, the arbitrator or arbitration panel shall consider wages, hours, and conditions of employment as a whole, rather than as individual elements.

AB462, s. 16 Section 16. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

AB462,11,14 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and, except as the parties otherwise agree, and except as provided in par. (cn), every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. 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.

AB462, s. 17 Section 17. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

AB462, s. 18 Section 18. 111.70 (4) (cm) 8p. of the statutes is repealed.

AB462, s. 19 Section 19. 111.70 (4) (cm) 8s. of the statutes is repealed.

AB462, s. 20 Section 20. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB462,12,22 111.70 (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 employees 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 employees 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 employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide , however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees 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 employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees 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.

AB462, s. 21 Section 21. 111.70 (4) (jm) 4m. of the statutes is created to read:

AB462,13,4 111.70 (4) (jm) 4m. For the purpose of setting wages and determining hours and conditions of employment under subd. 4., if the arbitrator compares the wages, hours, and conditions of employment with the wages, hours, and conditions of employment of other employees performing similar services or in the same community or comparable communities, the arbitrator shall consider wages, hours, and conditions of employment as a whole, rather than as individual elements.

AB462, s. 22 Section 22. 111.77 (6) (dm) of the statutes is created to read:

AB462,13,8 111.77 (6) (dm) In making the comparison of wages, hours, and conditions of employment under par (d), the arbitrator shall consider wages, hours, and conditions of employment as a whole, rather than as individual elements.

AB462, s. 23 Section 23. 118.245 of the statutes is repealed.

AB462, s. 24 Section 24. 119.04 (1) of the statutes is amended to read:

AB462,13,18 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.

AB462, s. 25 Section 25. 121.91 (2m) (e) 2. of the statutes is amended to read:

AB462,13,22 121.91 (2m) (e) 2. Multiply the amount of the revenue increase per pupil allowed under this subsection for the previous school year by the sum of 1.0 1.01 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.

AB462, s. 26 Section 26. Nonstatutory provisions.

AB462,14,2 (1) Notwithstanding section 65.95 (2) of the statutes, as created by this act, in the first fiscal year in which the spending limit established under this act applies, the base for determining the spending limit is the fiscal year that began in 2004, not 2005.

AB462, s. 27 Section 27. Initial applicability.

AB462,14,5 (1) The treatment of section 65.95 of the statutes first applies to the fiscal year of a local governmental unit that begins in 2006.

AB462,14,11 (2) The treatment of section 111.70 (1) (b), (dm), (fm), and (nc) and (4) (cm) 5s. and 6. a., am., and b., 8m. a., b., and c., 8p., and 8s. and (d) 2. a. of the statutes first applies to petitions for arbitration that relate to collective bargaining agreements that cover periods beginning on or after July 1, 2005, and that are filed under section 111.70 (4) (cm) 6. of the statutes, as affected by this act, on the effective date of this subsection.

AB462,14,15 (3) The treatment of sections 111.70 (4) (c) 2m., (cm) 7. and 7r. d., e., f., and h., and (jm) 4m. and 111.77 (6) (dm) of the statutes first applies to an arbitration decision that results from a petition for arbitration submitted on the effective date of this subsection.

AB462,14,17 (4) The treatment of section 121.91 (2m) (e) 2. of the statutes first applies to the calculation of a school district's revenue limit for the 2006-07 school year.

AB462,14,18 (End)