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.
AB75,1226,1919 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.
AB75,1232,1714 (c) To encourage or discourage membership in any labor organization by
15discrimination in regard to hiring, tenure, or other terms or conditions of
16employment. This paragraph does not apply to fair-share or maintenance of
17membership agreements.
AB75,1233,218 (d) To refuse to bargain collectively on matters set forth in s. 111.998 with a
19representative of a majority of its employees in an appropriate collective bargaining
20unit. Whenever the employer has a good faith doubt as to whether a labor
21organization claiming the support of a majority of its employees in an appropriate
22collective bargaining unit does in fact have that support, it may file with the
23commission a petition requesting an election as to that claim. The employer is not
24considered to have refused to bargain until an election has been held and the results
25of the election are certified to the employer by the commission. A violation of this

1paragraph includes the refusal to execute a collective bargaining agreement
2previously orally agreed upon.
AB75,1233,73 (e) To violate any collective bargaining agreement previously agreed upon by
4the parties with respect to wages, hours, and conditions of employment affecting the
5employees, including an agreement to arbitrate or to accept the terms of an
6arbitration award, when previously the parties have agreed to accept such award as
7final and binding upon them.
AB75,1233,158 (f) To deduct labor organization dues from an employee's earnings, unless the
9employer has been presented with an individual order therefor, signed by the
10employee personally, and terminable by at least the end of any year of its life or
11earlier by the employee giving at least 30 but not more than 120 days' written notice
12of such termination to the employer and to the representative labor organization,
13except if there is a fair-share or maintenance of membership agreement in effect.
14The employer shall give notice to the labor organization of receipt of such notice of
15termination.
AB75,1233,22 16(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
17to implement changes in salaries or conditions of employment for members of the
18faculty or academic staff at one institution, and not for other members of the faculty
19or academic staff at another institution, but this may be done only if the differential
20treatment is based on comparisons with the compensation and working conditions
21of employees performing similar services for comparable higher education
22institutions or based upon other competitive factors.
AB75,1233,23 23(2) It is unfair practice for an employee individually or in concert with others:
AB75,1233,2524 (a) To coerce or intimidate an employee in the enjoyment of the employee's legal
25rights, including those guaranteed under s. 111.97.
AB75,1234,5
1(b) To coerce, intimidate, or induce any officer or agent of the employer to
2interfere with any of the employer's employees in the enjoyment of their legal rights
3including those guaranteed under s. 111.97 or to engage in any practice with regard
4to its employees which would constitute an unfair labor practice if undertaken by the
5officer or agent on the officer's or agent's own initiative.
AB75,1234,106 (c) To refuse to bargain collectively on matters specified in s. 111.998 with the
7authorized officer or agent of the employer that is the recognized or certified
8exclusive collective bargaining representative of employees in an appropriate
9collective bargaining unit. Such refusal to bargain shall include a refusal to execute
10a collective bargaining agreement previously orally agreed upon.
AB75,1234,1411 (d) To violate the provisions of any written agreement with respect to terms and
12conditions of employment affecting employees, including an agreement to arbitrate
13or to accept the terms of an arbitration award, when previously the parties have
14agreed to accept such awards as final and binding upon them.
AB75,1234,1615 (e) To engage in, induce, or encourage any employees to engage in a strike or
16a concerted refusal to work or perform their usual duties as employees.
AB75,1234,2017 (f) To coerce or intimidate a supervisory employee, officer, or agent of the
18employer, working at the same trade or profession as the employer's employees, to
19induce the person to become a member of or act in concert with the labor organization
20of which the employee is a member
AB75,1234,24 21(3) It is an unfair labor practice for any person to do or cause to be done on
22behalf of or in the interest of employers or employees, or in connection with or to
23influence the outcome of any controversy as to employment relations, any act
24prohibited by subs. (1) and (2).
AB75,1235,9
1(4) Any controversy concerning unfair labor practices may be submitted to the
2commission as provided in s. 111.07, except that the commission shall schedule a
3hearing on complaints involving alleged violations of sub. (2) (e) within 3 days after
4filing of a complaint, and notice shall be given to each party interested by service on
5the party personally, or by telegram, advising the party of the nature of the complaint
6and of the date, time, and place of hearing. The commission may appoint a substitute
7tribunal to hear unfair labor practice charges by either appointing a 3-member panel
8or submitting a 7-member panel to the parties and allowing each to strike 2 names.
9Any such panel shall report its finding to the commission for appropriate action.
AB75,1235,18 10111.992 Fair-share and maintenance of membership agreements. (1)
11(a) No fair-share or maintenance of membership agreement may become effective
12unless authorized by a referendum. The commission shall order a referendum
13whenever it receives a petition supported by proof that at least 30 percent of the
14employees or supervisors specified in s. 111.98 (5) in a collective bargaining unit
15desire that a fair-share or maintenance of membership agreement be entered into
16between the employer and a labor organization. A petition may specify that a
17referendum is requested on a maintenance of membership agreement only, in which
18case the ballot shall be limited to that question.
AB75,1235,2519 (b) For a fair-share agreement to be authorized, at least two-thirds of the
20eligible employees or supervisors voting in a referendum shall vote in favor of the
21agreement. For a maintenance of membership agreement to be authorized, at least
22a majority of the eligible employees or supervisors voting in a referendum shall vote
23in favor of the agreement. In a referendum on a fair-share agreement, if less than
24two-thirds but more than one-half of the eligible employees or supervisors vote in
25favor of the agreement, a maintenance of membership agreement is authorized.
AB75,1236,14
1(c) If a fair-share or maintenance of membership agreement is authorized in
2a referendum, the employer shall enter into such an agreement with the labor
3organization named on the ballot in the referendum. Each fair-share or
4maintenance of membership agreement shall contain a provision requiring the
5employer to deduct the amount of dues as certified by the labor organization from the
6earnings of the employees or supervisors affected by the agreement and to pay the
7amount so deducted to the labor organization. Unless the parties agree to an earlier
8date, the agreement shall take effect 60 days after certification by the commission
9that the referendum vote authorized the agreement. The employer shall be held
10harmless against any claims, demands, suits, and other forms of liability made by
11employees or supervisors or local labor organizations which may arise for actions
12taken by the employer in compliance with this section. All such lawful claims,
13demands, suits, and other forms of liability are the responsibility of the labor
14organization entering into the agreement.
AB75,1236,2115 (d) Under each fair-share or maintenance of membership agreement, an
16employee or supervisor who has religious convictions against dues payments to a
17labor organization based on teachings or tenets of a church or religious body of which
18he or she is a member shall, on request to the labor organization, have his or her dues
19paid to a charity mutually agreed upon by the employee or supervisor and the labor
20organization. Any dispute concerning this paragraph may be submitted to the
21commission for adjudication.
AB75,1237,11 22(2) (a) Once authorized, a fair-share or maintenance of membership
23agreement shall continue in effect, subject to the right of the employer or labor
24organization concerned to petition the commission to conduct a new referendum.
25Such a petition must be supported by proof that at least 30 percent of the employees

1or supervisors in the collective bargaining unit desire that the fair-share or
2maintenance of membership agreement be discontinued. Upon so finding, the
3commission shall conduct a new referendum. If the continuance of the fair-share or
4maintenance of membership agreement is approved in the referendum by at least the
5percentage of eligible voting employees or supervisors required for its initial
6authorization, it shall be continued in effect, subject to the right of the employer or
7labor organization to later initiate a further vote following the procedure prescribed
8in this subsection. If the continuation of the agreement is not supported in any
9referendum, it is considered terminated at the termination of the collective
10bargaining agreement, or one year from the date of the certification of the result of
11the referendum, whichever is earlier.
AB75,1237,2012 (b) The commission shall declare any fair-share or maintenance of
13membership agreement suspended upon such conditions and for such time as the
14commission decides whenever it finds that the labor organization involved has
15refused on the basis of race, color, sexual orientation, or creed to receive as a member
16any employee or supervisor in the collective bargaining unit involved, and the
17agreement shall be made subject to the findings and orders of the commission. Any
18of the parties to the agreement, or any employee or supervisor covered under the
19agreement, may come before the commission, as provided in s. 111.07, and petition
20the commission to make such a finding.
AB75,1237,23 21(3) A stipulation for a referendum executed by an employer and a labor
22organization may not be filed until after the representation election has been held
23and the results certified.
AB75,1238,3
1(4) The commission may, under rules adopted for that purpose, appoint as its
2agent an official of a state agency whose employees are entitled to vote in a
3referendum to conduct a referendum under this section.
AB75,1238,8 4111.993 Grievance arbitration. (1) Parties to the dispute pertaining to the
5interpretation of a collective bargaining agreement may agree in writing to have the
6commission or any other appointing state agency serve as arbitrator or may
7designate any other competent, impartial, and disinterested persons to so serve.
8Such arbitration proceedings shall be governed by ch. 788.
AB75,1238,14 9(2) The board shall charge an institution for the employer's share of the cost
10related to grievance arbitration under sub. (1) for any arbitration that involves one
11or more employees of the institution. Each institution so charged shall pay the
12amount that the board charges from the appropriation account or accounts used to
13pay the salary of the grievant. Funds received under this subsection shall be credited
14to the appropriation account under s. 20.545 (1) (km).
AB75,1238,20 15111.994 Mediation. The commission may appoint any competent, impartial,
16disinterested person to act as mediator in any labor dispute either upon its own
17initiative or upon the joint request of both parties to the dispute. It is the function
18of a mediator to bring the parties together voluntarily under such favorable auspices
19as will tend to effectuate settlement of the dispute, but neither the mediator nor the
20commission shall have any power of compulsion in mediation proceedings.
AB75,1239,4 21111.995 Fact-finding. (1) If a dispute has not been settled after a reasonable
22period of negotiation and after the settlement procedures, if any, established by the
23parties have been exhausted, the representative that has been certified by the
24commission after an election, as the exclusive representative of employees in an
25appropriate bargaining unit, and the employer, its officers, and agents, after a

1reasonable period of negotiation, are deadlocked with respect to any dispute between
2them arising in the collective bargaining process, the parties jointly may petition the
3commission, in writing, to initiate fact-finding under this section, and to make
4recommendations to resolve the deadlock.
AB75,1239,10 5(2) Upon receipt of a petition to initiate fact-finding, the commission shall
6make an investigation with or without a formal hearing, to determine whether a
7deadlock in fact exists. The commission shall certify the results of the investigation.
8If the commission decides that fact-finding should be initiated, it shall appoint a
9qualified, disinterested person or, when jointly requested by the parties, a 3-member
10panel to function as a fact finder.
AB75,1239,24 11(3) The fact finder may establish dates and place of hearings and shall conduct
12the hearings under rules established by the commission. Upon request, the
13commission shall issue subpoenas for hearings conducted by the fact finder. The fact
14finder may administer oaths. Upon completion of the hearing, the fact finder shall
15make written findings of fact and recommendations for solution of the dispute and
16shall cause the same to be served on the parties and the commission. In making
17findings and recommendations, the fact finder shall take into consideration among
18other pertinent factors the principles vital to the public interest in efficient and
19economical governmental administration. Upon the request of either party, the fact
20finder may orally present the recommendations in advance of service of the written
21findings and recommendations. Cost of fact-finding proceedings shall be divided
22equally between the parties. At the time the fact finder submits a statement of his
23or her costs to the parties, the fact finder shall submit a copy thereof to the
24commission at its Madison office.
AB75,1240,2
1(4) A fact finder may mediate a dispute at any time prior to the issuance of the
2fact finder's recommendations.
AB75,1240,8 3(5) Within 30 days of the receipt of the fact finder's recommendations or within
4a time period mutually agreed upon by the parties, each party shall advise the other,
5in writing, as to the party's acceptance or rejection, in whole or in part, of the fact
6finder's recommendations and, at the same time, send a copy of the notification to
7the commission at its Madison office. Failure to comply with this subsection, by the
8employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).
AB75,1240,14 9111.996 Strike prohibited. (1) Upon establishing that a strike is in progress,
10the employer may either seek an injunction or file an unfair labor practice charge
11with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the
12board to decide whether to seek an injunction or file an unfair labor practice charge.
13The existence of an administrative remedy does not constitute grounds for denial of
14injunctive relief.
AB75,1240,17 15(2) The occurrence of a strike and the participation in the strike by an employee
16do not affect the rights of the employer, in law or in equity, to deal with the strike,
17including all of the following:
AB75,1240,1918 (a) The right to impose discipline, including discharge, or suspension without
19pay, of any employee participating in the strike.
AB75,1240,2120 (b) The right to cancel the reinstatement eligibility of any employee engaging
21in the strike.
AB75,1240,2422 (c) The right of the employer to request the imposition of fines, either against
23the labor organization or the employee engaging in the strike, or to sue for damages
24because of such strike activity.
AB75,1241,2
1111.997 Management rights. Nothing in this subchapter shall interfere with
2the right of the board, in accordance with this subchapter, to do any of the following:
AB75,1241,5 3(1) Carry out the statutory mandate and goals assigned to the board by the
4most appropriate and efficient methods and means and utilize personnel in the most
5appropriate and efficient manner possible.
AB75,1241,9 6(2) Suspend, demote, discharge, or take other appropriate disciplinary action
7against the employee; or to lay off employees in the event of lack of work or funds or
8under conditions where continuation of such work would be inefficient and
9nonproductive.
AB75,1241,12 10111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (f),
11matters subject to collective bargaining to the point of impasse are salaries; fringe
12benefits consistent with sub. (2); and hours and conditions of employment.
AB75,1241,1613 (b) The board is not required to bargain on management rights under s.
14111.997, except that procedures for the adjustment or settlement of grievances or
15disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of
16bargaining.
AB75,1241,1717 (c) The board is prohibited from bargaining on matters contained in sub. (2).
AB75,1241,2318 (d) Except as provided in sub. (2) (d) and (e) and ss. 40.02 (22) (e) and 40.23 (1)
19(f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all
20actions of the board that are authorized under any such law which apply to
21nonrepresented individuals employed by the state shall apply to similarly situated
22employees, unless otherwise specifically provided in a collective bargaining
23agreement that applies to those employees.
AB75,1241,2524 (e) Demands relating to retirement and group insurance shall be submitted to
25the board at least one year prior to commencement of negotiations.
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