AB75, s. 2253
9Section
2253. 111.91 (2c) of the statutes is created to read:
AB75,1220,1210
111.91
(2c) In addition to the prohibited subjects under sub. (2), the employer
11is prohibited from bargaining with a collective bargaining unit formed under s.
12111.825 (2g) on any of the following:
AB75,1220,1313
(a) Policies.
AB75,1220,1414
(b) Work rules.
AB75,1220,1515
(c) Hours of employment.
AB75,1220,1616
(d) Any right of the consumer under s. 111.905.
AB75, s. 2254
17Section
2254. 111.92 (1) (a) of the statutes is amended to read:
AB75,1221,1518
111.92
(1) (a) Any tentative agreement reached between the office, or, as
19provided in s. 111.815 (1), the department of health services, acting for the state, and
20any labor organization representing a collective bargaining unit specified in s.
21111.825 (1)
or, (2) (a) to (e)
, or (2g) shall, after official ratification by the labor
22organization, be submitted by the office or department of health services to the joint
23committee on employment relations, which shall hold a public hearing before
24determining its approval or disapproval. If the committee approves the tentative
25agreement, it shall introduce in a bill or companion bills, to be put on the calendar
1or referred to the appropriate scheduling committee of each house, that portion of the
2tentative agreement which requires legislative action for implementation, such as
3salary and wage adjustments, changes in fringe benefits, and any proposed
4amendments, deletions or additions to existing law. Such bill or companion bills are
5not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may,
6however, submit suitable portions of the tentative agreement to appropriate
7legislative committees for advisory recommendations on the proposed terms. The
8committee shall accompany the introduction of such proposed legislation with a
9message that informs the legislature of the committee's concurrence with the
10matters under consideration and which recommends the passage of such legislation
11without change. If the joint committee on employment relations does not approve
12the tentative agreement, it shall be returned to the parties for renegotiation. If the
13legislature does not adopt without change that portion of the tentative agreement
14introduced by the joint committee on employment relations, the tentative agreement
15shall be returned to the parties for renegotiation.
AB75, s. 2255
16Section
2255. Subchapter VI of chapter 111 [precedes 111.95] of the statutes
17is created to read:
AB75,1221,1818
CHAPTER 111
AB75,1221,1919
Subchapter VI
AB75,1221,2220
University of Wisconsin system
21
faculty and academic staff
22
labor relations
AB75,1222,2
23111.95 Declaration of policy. The public policy of the state as to labor
24relations and collective bargaining involving faculty and academic staff at the
1University of Wisconsin System, in furtherance of which this subchapter is enacted,
2is as follows:
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3(1) The people of the state of Wisconsin have a fundamental interest in
4developing harmonious and cooperative labor relations within the University of
5Wisconsin System.
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6(2) It recognizes that there are 3 major interests involved: that of the public,
7that of the employee, and that of the employer. These 3 interests are to a considerable
8extent interrelated. It is the policy of this state to protect and promote each of these
9interests with due regard to the rights of the others.
AB75,1222,10
10111.96 Definitions. In this subchapter:
AB75,1222,13
11(1) "Academic staff" has the meaning given under s. 36.05 (1), but does not
12include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who
13is appointed to a visiting faculty position.
AB75,1222,14
14(2) "Board" means the Board of Regents of the University of Wisconsin System.
AB75,1222,22
15(3) "Collective bargaining" means the performance of the mutual obligation of
16the state as an employer, by its officers and agents, and the representatives of its
17employees, to meet and confer at reasonable times, in good faith, with respect to the
18subjects of bargaining provided in s. 111.998 with the intention of reaching an
19agreement, or to resolve questions arising under such an agreement. The duty to
20bargain, however, does not compel either party to agree to a proposal or require the
21making of a concession. Collective bargaining includes the reduction of any
22agreement reached to a written and signed document.
AB75,1222,23
23(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).
AB75,1222,24
24(5) "Commission" means the employment relations commission.
AB75,1223,3
1(6) "Election" means a proceeding conducted by the commission in which the
2employees in a collective bargaining unit cast a secret ballot for collective bargaining
3representatives, or for any other purpose specified in this subchapter.
AB75,1223,4
4(7) "Employee" includes:
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(a) All faculty, including specifically faculty who are supervisors or
6management employees, but not including faculty holding a limited appointment
7under s. 36.17 or deans.
AB75,1223,108
(b) All academic staff, except for supervisors, management employees, and
9individuals who are privy to confidential matters affecting the employer-employee
10relationship.
AB75,1223,11
11(8) "Employer" means the state of Wisconsin.
AB75,1223,13
12(9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual
13holding an appointment under s. 36.15.
AB75,1223,18
14(10) "Fair-share agreement" means an agreement between the employer and
15a labor organization representing employees under which all of the employees in a
16collective bargaining unit are required to pay their proportionate share of the cost
17of the collective bargaining process and contract administration measured by the
18amount of dues uniformly required of all members.
AB75,1223,19
19(11) "Institution" has the meaning given in s. 36.05 (9).
AB75,1223,21
20(12) "Labor dispute" means any controversy with respect to the subjects of
21bargaining provided in this subchapter.
AB75,1223,25
22(13) "Labor organization" means any employee organization whose purpose is
23to represent employees in collective bargaining with the employer, or its agents, on
24matters pertaining to terms and conditions of employment, but does not include any
25organization that does any of the following:
AB75,1224,2
1(a) Advocates the overthrow of the constitutional form of government in the
2United States.
AB75,1224,43
(b) Discriminates with regard to the terms or conditions of membership
4because of race, color, creed, sex, age, sexual orientation, or national origin.
AB75,1224,11
5(14) "Maintenance of membership agreement" means an agreement between
6the employer and a labor organization representing employees that requires that all
7of the employees whose dues are being deducted from earnings under s. 20.921 (1)
8or 111.992 at or after the time the agreement takes effect shall continue to have dues
9deducted for the duration of the agreement and that dues shall be deducted from the
10earnings of all employees who are hired on or after the effective date of the
11agreement.
AB75,1224,13
12(15) "Management employees" include those personnel engaged
13predominately in executive and managerial functions.
AB75,1224,15
14(16) "Office" means the office of state employment relations in the department
15of administration.
AB75,1224,20
16(17) "Referendum" means a proceeding conducted by the commission in which
17employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
18may cast a secret ballot on the question of directing the labor organization and the
19employer to enter into a fair-share or maintenance of membership agreement or to
20terminate such an agreement.
AB75,1224,22
21(18) "Representative" includes any person chosen by an employee to represent
22the employee.
AB75,1225,2
23(19) "Strike" includes any strike or other concerted stoppage of work by
24employees, any concerted slowdown or other concerted interruption of operations or
1services by employees, or any concerted refusal to work or perform their usual duties
2as employees of the state.
AB75,1225,8
3(20) "Supervisor" means any individual whose principal work is different from
4that of the individual's subordinates and who has authority, in the interest of the
5employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
6reward, or discipline employees, or to adjust their grievances, or to authoritatively
7recommend such action, if the individual's exercise of such authority is not of a
8merely routine or clerical nature, but requires the use of independent judgment.
AB75,1225,10
9(21) "Unfair labor practice" means any unfair labor practice specified in s.
10111.991.
AB75,1225,18
11111.965 Duties of the state. (1) In the furtherance of this subchapter, the
12state shall be considered as a single employer. The board shall negotiate and
13administer collective bargaining agreements. To coordinate the employer position
14in the negotiation of agreements, the board shall maintain close liaison with the
15office relative to the negotiation of agreements and the fiscal ramifications of those
16agreements. The board shall coordinate its collective bargaining activities with the
17office. The legislative branch shall act upon those portions of tentative agreements
18negotiated by the board that require legislative action.
AB75,1225,21
19(2) The board shall establish a collective bargaining capacity and shall
20represent the state in its responsibility as an employer under this subchapter. The
21board shall coordinate its actions with the director of the office.
AB75,1226,2
22111.97 Rights of employees. Employees shall have the right of
23self-organization and the right to form, join, or assist labor organizations, to bargain
24collectively through representatives of their own choosing under this subchapter,
25and to engage in lawful, concerted activities for the purpose of collective bargaining
1or other mutual aid or protection. Employees shall also have the right to refrain from
2any such activities.
AB75,1226,5
3111.98 Collective bargaining units.
(1) Collective bargaining units for
4faculty and staff in the unclassified service of the state shall be structured with a
5collective bargaining unit for each of the following groups:
AB75,1226,66
(a) Faculty of the University of Wisconsin-Madison.
AB75,1226,77
(b) Faculty of the University of Wisconsin-Milwaukee.
AB75,1226,88
(c) Faculty of all of the following groups:
AB75,1226,99
1. The University of Wisconsin-Extension.
AB75,1226,1010
2. The University of Wisconsin-Eau Claire.
AB75,1226,1111
3. The University of Wisconsin-Green Bay.
AB75,1226,1212
4. The University of Wisconsin-La Crosse.
AB75,1226,1313
5. The University of Wisconsin-Oshkosh.
AB75,1226,1414
6. The University of Wisconsin-Parkside.
AB75,1226,1515
7. The University of Wisconsin-Platteville.
AB75,1226,1616
8. The University of Wisconsin-River Falls.
AB75,1226,1717
9. The University of Wisconsin-Stevens Point.
AB75,1226,1818
10. The University of Wisconsin-Stout.
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11. The University of Wisconsin-Superior.
AB75,1226,2020
12. The University of Wisconsin-Whitewater.
AB75,1226,2121
13. The University of Wisconsin Colleges.
AB75,1226,2222
(d) Academic staff of the University of Wisconsin-Madison.
AB75,1226,2323
(e) Academic staff of the University of Wisconsin-Milwaukee.
AB75,1226,2424
(f) Academic staff of all of the following groups:
AB75,1226,2525
1. The University of Wisconsin-Extension.
AB75,1227,1
12. The University of Wisconsin-Eau Claire.
AB75,1227,22
3. The University of Wisconsin-Green Bay.
AB75,1227,33
4. The University of Wisconsin-La Crosse.
AB75,1227,44
5. The University of Wisconsin-Oshkosh.
AB75,1227,55
6. The University of Wisconsin-Parkside.
AB75,1227,66
7. The University of Wisconsin-Platteville.
AB75,1227,77
8. The University of Wisconsin-River Falls.
AB75,1227,88
9. The University of Wisconsin-Stevens Point.
AB75,1227,99
10. The University of Wisconsin-Stout.
AB75,1227,1010
11. The University of Wisconsin-Superior.
AB75,1227,1111
12. The University of Wisconsin-Whitewater.
AB75,1227,1212
13. The University of Wisconsin Colleges.
AB75,1228,2
13(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
14under sub. (1) (a) to (c) may be combined into a single unit and 2 or more collective
15bargaining units described under sub. (1) (d) to (f) may be combined into a single unit.
16If 2 or more collective bargaining units seek to combine into a single collective
17bargaining unit, the commission shall, upon the petition of at least 30 percent of the
18employees in each unit, hold an election to determine whether a majority of those
19employees voting in each unit desire to combine into a single unit. A combined
20collective bargaining unit shall be formed including all employees from each of those
21units in which a majority of the employees voting in the election approve a combined
22unit. The combined collective bargaining unit shall be formed immediately if there
23is no existing collective bargaining agreement in force in any of the units to be
24combined. If there is a collective bargaining agreement in force at the time of the
1election in any of the collective bargaining units to be combined, the combined unit
2shall be formed upon expiration of the last agreement for the units concerned.
AB75,1228,163
(b) If 2 or more collective bargaining units have combined under par. (a), the
4commission shall, upon petition of at least 30 percent of the employees in any of the
5original units, hold an election of the employees in the original unit to determine
6whether the employees in that unit desire to withdraw from the combined collective
7bargaining unit. If a majority of the employees voting desire to withdraw from the
8combined collective bargaining unit, separate units consisting of the unit in which
9the election was held and a unit composed of the remainder of the combined unit shall
10be formed. The new collective bargaining units shall be formed immediately if there
11is no collective bargaining agreement in force for the combined unit. If there is a
12collective bargaining agreement in force for the combined collective bargaining unit,
13the new units shall be formed upon the expiration of the agreement. While there is
14a collective bargaining agreement in force for the combined collective bargaining
15unit, a petition for an election under this paragraph may be filed only during October
16in the calendar year prior to the expiration of the agreement.
AB75,1228,18
17(3) The commission shall assign employees to the appropriate collective
18bargaining units described under sub. (1) or (2).
AB75,1229,2
19(4) Any labor organization may petition for recognition as the exclusive
20representative of a collective bargaining unit described under sub. (1) or (2) in
21accordance with the election procedures under s. 111.990 if the petition is
22accompanied by a 30 percent showing of interest in the form of signed authorization
23cards. Any additional labor organization seeking to appear on the ballot shall file a
24petition within 60 days of the date of filing of the original petition and prove, through
1signed authorization cards, that at least 10 percent of the employees in the collective
2bargaining unit want it to be their representative.
AB75,1229,11
3(5) Although academic staff supervisors are not considered employees for the
4purpose of this subchapter, the commission may consider a petition for a statewide
5collective bargaining unit consisting of academic staff supervisors, but the
6representative of the supervisors may not be affiliated with any labor organization
7representing employees. For purposes of this subsection, affiliation does not include
8membership in a national, state, county, or municipal federation of national or
9international labor organizations. The certified representative of the supervisors
10may not bargain collectively with respect to any matter other than wages and fringe
11benefits.
AB75,1229,22
12111.990 Representatives and elections.
(1) A representative chosen for the
13purposes of collective bargaining by a majority of the employees voting in a collective
14bargaining unit shall be the exclusive representative of all of the employees in such
15unit for the purposes of collective bargaining. Any individual employee, or any
16minority group of employees in any collective bargaining unit, may present any
17grievance to the employer in person, or through representatives of their own
18choosing, and the employer shall confer with the individual employee or group of
19employees with respect to the grievance if the majority representative has been
20afforded the opportunity to be present at the conference. Any adjustment resulting
21from such a conference may not be inconsistent with the conditions of employment
22established by the majority representative and the employer.
AB75,1230,24
23(2) Whenever a question arises concerning the representation of employees in
24a collective bargaining unit, the commission shall determine the representation by
25taking a secret ballot of the employees and certifying in writing the results to the
1interested parties and to the board. There shall be included on any ballot for the
2election of representatives the names of all labor organizations having an interest
3in representing the employees participating in the election as indicated in petitions
4filed with the commission. The name of any existing representative shall be included
5on the ballot without the necessity of filing a petition. The commission may exclude
6from the ballot one who, at the time of the election, stands deprived of his or her rights
7under this subchapter by reason of a prior adjudication of his or her having engaged
8in an unfair labor practice. The ballot shall be so prepared as to permit a vote against
9representation by anyone named on the ballot. For elections in a collective
10bargaining unit composed of employees who are members of the faculty or academic
11staff, whenever more than one representative qualifies to appear on the ballot, the
12ballot shall be prepared to provide separate votes on 2 questions. The first question
13shall be: "Shall the employees of the ... (name of collective bargaining unit)
14participate in collective bargaining?". The 2nd question shall be: "If the employees
15of the ... (name of collective bargaining unit) elect to participate in collective
16bargaining, which labor organization do you favor to act as representative of the
17employees?". The 2nd question shall not include a choice for no representative. All
18employees in the collective bargaining unit may vote on both questions. Unless a
19majority of those employees voting in the election vote to participate in collective
20bargaining, no votes for a particular representative may be counted. If a majority
21of those employees voting in the election vote to participate in collective bargaining,
22the ballots for representatives shall be counted. The commission's certification of the
23results of any election is conclusive as to the findings included therein unless
24reviewed under s. 111.07 (8).
AB75,1231,7
1(3) Whenever an election has been conducted under sub. (2) in which a majority
2of the employees voting indicate a desire to participate in collective bargaining but
3in which no named representative is favored by a majority of the employees voting,
4the commission may, if requested by a party to the proceeding within 30 days from
5the date of the certification of the results of the election, conduct a runoff election.
6In that runoff election, the commission shall drop from the ballot the name of the
7representative who received the least number of votes at the original election.
AB75,1231,20
8(4) While a collective bargaining agreement between a labor organization and
9an employer is in force under this subchapter, a petition for an election in the
10collective bargaining unit to which the agreement applies may only be filed during
11October in the calendar year prior to the expiration of that agreement. An election
12held under that petition may be held only if the petition is supported by proof that
13at least 30 percent of the employees in the collective bargaining unit desire a change
14or discontinuance of existing representation. Within 60 days of the time that an
15original petition is filed, another petition may be filed supported by proof that at least
1610 percent of the employees in the same collective bargaining unit desire a different
17representative. If a majority of the employees in the collective bargaining unit vote
18for a change or discontinuance of representation by any named representative, the
19decision takes effect upon expiration of any existing collective bargaining agreement
20between the employer and the existing representative.
AB75,1231,22
21111.991 Unfair labor practices. (1) It is an unfair labor practice for an
22employer individually or in concert with others:
AB75,1231,2423
(a) To interfere with, restrain, or coerce employees in the exercise of their rights
24guaranteed under s. 111.97.
AB75,1232,13
1(b) Except as otherwise provided in this paragraph, to initiate, create,
2dominate, or interfere with the formation or administration of any labor or employee
3organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
4(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
5System under ch. 40 and no action by the employer that is authorized by such a law
6is a violation of this paragraph unless an applicable collective bargaining agreement
7specifically prohibits the change or action. No such change or action affects the
8continuing duty to bargain collectively regarding the Wisconsin Retirement System
9under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
10for the employer to reimburse an employee at his or her prevailing wage rate for the
11time spent during the employee's regularly scheduled hours conferring with the
12employer's officers or agents and for attendance at commission or court hearings
13necessary for the administration of this subchapter.