LRB-1899/1
CMH:lmk:jf
2005 - 2006 LEGISLATURE
June 28, 2005 - Introduced by Representatives McCormick, Albers, Krawczyk,
Hahn, Jensen, Townsend, Vrakas and Van Roy, cosponsored by Senators
Darling and Harsdorf. Referred to Joint Committee on Finance.
AB518,1,5
1An Act to amend 111.70 (4) (cm) 7r. d., 111.70 (4) (cm) 7r. e., 111.70 (4) (cm) 7r.
2f., 111.70 (4) (cm) 7r. g. and 111.70 (4) (cm) 7r. h.; and
to create 111.70 (4) (c) 2m.,
3111.70 (4) (jm) 4m. and 111.77 (6) (dm) of the statutes;
relating to: factors
4considered in rendering a collective bargaining arbitration decision under the
5Municipal Employment Relations Act.
Analysis by the Legislative Reference Bureau
Under the Municipal Employment Relations Act (MERA), all matters relating
to wages, hours, and conditions of employment are subject to collective bargaining.
Under MERA, for labor disputes that go to arbitration, the arbitrator or arbitration
panel must consider a variety of factors, some of which are given "greatest weight";
some of which are given "greater weight"; and some of which must simply be
considered. Among the factors that must simply be considered are the wages, hours,
and conditions of employment of employees providing similar services and of
employees in public and in private employment in the same and comparable
communities. This bill provides that the arbitrator or arbitration panel must
consider the wages, hours, and conditions of employment of the employees as a
whole, not as isolated elements. Another factor that must be considered is the
average consumer prices for goods and services, commonly known as the cost of
living. Included in this cost of living factor are the average housing costs and other
costs significantly affecting the quality of life.
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:
AB518, s. 1
1Section
1. 111.70 (4) (c) 2m. of the statutes is created to read:
AB518,2,92
111.70
(4) (c) 2m. `Factors used in arbitration to settle disputes.' If the parties
3to a dispute agree to have the commission or any other appropriate agency serve as
4arbitrator to resolve the dispute and if the commission or any other appropriate
5agency compares the wages, hours, and conditions of employment of the municipal
6employees involved in the arbitration proceedings with the wages, hours, and
7conditions of employment of any other employees, the commission or other
8appropriate agency shall compare the wages, hours, and conditions of employment
9as a whole, rather than as individual elements.
AB518, s. 2
10Section
2. 111.70 (4) (cm) 7r. d. of the statutes is amended to read:
AB518,2,1511
111.70
(4) (cm) 7r. d. Comparison of wages, hours and conditions of employment
12of the municipal employees involved in the arbitration proceedings with the wages,
13hours and conditions of employment of other employees performing similar services.
14In making this comparison, the arbitrator or arbitration panel shall consider wages,
15hours, and conditions of employment as a whole, rather than as individual elements.
AB518, s. 3
16Section
3. 111.70 (4) (cm) 7r. e. of the statutes is amended to read:
AB518,3,217
111.70
(4) (cm) 7r. e. Comparison of the wages, hours and conditions of
18employment of the municipal employees involved in the arbitration proceedings with
19the wages, hours and conditions of employment of other employees generally in
20public employment in the same community and in comparable communities.
In
1making this comparison, the arbitrator or arbitration panel shall consider wages,
2hours, and conditions of employment as a whole, rather than as individual elements.
AB518, s. 4
3Section
4. 111.70 (4) (cm) 7r. f. of the statutes is amended to read:
AB518,3,94
111.70
(4) (cm) 7r. f. Comparison of the wages, hours and conditions of
5employment of the municipal employees involved in the arbitration proceedings with
6the wages, hours and conditions of employment of other employees in private
7employment in the same community and in comparable communities.
In making
8this comparison, the arbitrator or arbitration panel shall consider wages, hours, and
9conditions of employment as a whole, rather than as individual elements.
AB518, s. 5
10Section
5. 111.70 (4) (cm) 7r. g. of the statutes is amended to read:
AB518,3,1311
111.70
(4) (cm) 7r. g. The average consumer prices for goods and services,
12commonly known as the cost of living
, including specifically average housing costs
13and other costs significantly affecting the quality of life.
AB518, s. 6
14Section
6. 111.70 (4) (cm) 7r. h. of the statutes is amended to read:
AB518,3,2015
111.70
(4) (cm) 7r. h. The overall compensation presently received by the
16municipal employees, including direct wage compensation, vacation, holidays and
17excused time, insurance and pensions, medical and hospitalization benefits, the
18continuity and stability of employment, and all other benefits received.
In making
19this comparison, the arbitrator or arbitration panel shall consider wages, hours, and
20conditions of employment as a whole, rather than as individual elements.
AB518, s. 7
21Section
7. 111.70 (4) (jm) 4m. of the statutes is created to read:
AB518,4,222
111.70
(4) (jm) 4m. For the purpose of setting wages and determining hours and
23conditions of employment under subd. 4., if the arbitrator compares the wages,
24hours, and conditions of employment with the wages, hours, and conditions of
25employment of other employees performing similar services or in the same
1community or comparable communities, the arbitrator shall consider wages, hours,
2and conditions of employment as a whole, rather than as individual elements.
AB518, s. 8
3Section
8. 111.77 (6) (dm) of the statutes is created to read:
AB518,4,64
111.77
(6) (dm) In making the comparison of wages, hours, and conditions of
5employment under par (d), the arbitrator shall consider wages, hours, and conditions
6of employment as a whole, rather than as individual elements.
AB518,4,118
(1) The treatment of sections 111.70 (4) (c) 2m., (cm) 7r. d., e., f., g., and h., and
9(jm) 4m. and 111.77 (6) (dm) of the statutes first applies to an arbitration decision
10that results from a petition for arbitration submitted on the effective date of this
11subsection.
