AB919: Bill Text

This bill directs the school board to select the group health care benefits provider that is the lowest qualified responsible bidder unless the school board offers its employees a health care coverage plan through a program offered by the GIB.

The bill provides that the selection of the provider and the impact of that selection on the wages, hours, or conditions of employment are prohibited subjects of collective bargaining.

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:

AB919, s. 1 Section 1. 20.255 (2) (ac) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB919,3,8 20.255 (2) (ac) General equalization aids. The amounts in the schedule A sum sufficient for the payment of educational aids under ss. 121.08, 121.09, 121.095, 121.105, 121.137 and subch. VI of ch. 121 equal to $4,652,500,000 in the 2010-11 fiscal year, equal to the amount determined by law in the 2011-12 fiscal year and biennially thereafter, and equal to the amount determined by the joint committee on finance under s. 121.15 (3m) (c) in the 2012-13 fiscal year and biennially thereafter.

AB919, s. 2 Section 2. 111.70 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB919,4,2 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.

AB919, s. 3 Section 3. 111.70 (1) (dm) of the statutes is created to read:

AB919,4,16 111.70 (1) (dm) "Economic issue" means salaries, overtime pay, sick leave, payments in lieu of sick leave usage, vacations, clothing allowances in excess of the actual cost of clothing, length-of-service credit, continuing education credit, shift premium pay, longevity pay, extra duty pay, performance bonuses, health insurance, life insurance, dental insurance, disability insurance, vision insurance, long-term care insurance, worker's compensation and unemployment insurance, social security benefits, vacation pay, holiday pay, lead worker pay, temporary assignment pay, retirement contributions, supplemental retirement benefits, severance or other separation pay, hazardous duty pay, certification or license payment, limitations on layoffs that create a new or increased financial liability on the employer, and contracting or subcontracting of work that would otherwise be performed by municipal employees in the collective bargaining unit with which there is a labor dispute.

AB919, s. 4 Section 4. 111.70 (1) (mc) of the statutes is created to read:

AB919,4,24 111.70 (1) (mc) 1. "Qualified economic offer" means an offer made to a labor organization by a municipal employer to increase in each year that is covered by the collective bargaining agreement being negotiated the salary and fringe benefits of the represented municipal employees in an amount that is at least equal to the product of the percentage determined by the department of public instruction under s. 118.245 (3) multiplied by the average amount spent by the school district on school district professional employees' salary and fringe benefits in the existing school year.

AB919, s. 5 Section 5. 111.70 (1) (ng) of the statutes is created to read:

AB919,5,2 111.70 (1) (ng) "School district professional employee" means a school district employee who is a professional employee.

AB919, s. 6 Section 6. 111.70 (4) (cm) 5s. of the statutes is created to read:

AB919,6,12 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employees, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a qualified economic offer. If the commission finds that the municipal employer has submitted a qualified economic offer, it shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a qualified economic offer, no economic issues, except the impact of contracting out or subcontracting work that would otherwise be performed by municipal employees in the collective bargaining unit, is subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours, or conditions of employment of the school district professional employees in the unit for that period. In such a collective bargaining unit, if the commission finds that the municipal employer has submitted a qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are considered to have stipulated to include in a new or revised collective bargaining agreement all provisions of any predecessor collective bargaining agreement concerning economic issues, or all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation during the 90-day period prior to expiration of the period included within a qualified economic offer operates as a full, final, and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of a qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6.

AB919, s. 7 Section 7. 111.70 (4) (cm) 6. a. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB919,7,5 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.

AB919, s. 8 Section 8. 111.70 (4) (cm) 6. am. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB919,9,2 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

AB919, s. 9 Section 9. 111.70 (4) (cm) 8m. of the statutes is renumbered 111.70 (4) (cm) 8m. a. and amended to read:

AB919,9,13 111.70 (4) (cm) 8m. a. Except as provided in subd. 8m. b., except for the initial collective bargaining agreement between the parties, and except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph shall be for a term of 2 years, 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 employees be for a term exceeding 3 years nor may a collective bargaining agreement for any collective bargaining unit consisting of school district employees subject to this paragraph be for a term exceeding 4 years.

AB919,9,19 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.

AB919, s. 10 Section 10. 111.70 (4) (cm) 8m. b. of the statutes is created to read:

AB919,9,25 111.70 (4) (cm) 8m. b. Except for the initial collective bargaining agreement between the parties, every collective bargaining agreement covering school district professional employees shall be for a term of 2 years expiring on June 30 of the odd-numbered year. An initial collective bargaining agreement covering school district professional employees shall be for a term ending on June 30 of the first odd-numbered year following the effective date of the collective bargaining agreement.

AB919, s. 11 Section 11. 111.70 (4) (d) 2. a. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB919,11,11 111.70 (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 workforce. 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 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% 30 percent 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. Upon the expiration of any collective bargaining agreement in force, the commission shall combine into a single collective bargaining unit 2 or more collective bargaining units consisting of school district employees if a majority of the employees voting in each collective bargaining unit vote to combine. Any vote taken under this subsection shall be by secret ballot.

AB919, s. 12 Section 12. 111.70 (4) (m) 6. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB919,11,17 111.70 (4) (m) 6. Solicitation of sealed bids for the provision of group health care benefits for school district employees and selection of the group health care benefits provider, as provided in s. 120.12 (24), and the impact of that selection on the wages, hours, or conditions of employment of the school district employees.

AB919, s. 13 Section 13. 118.245 of the statutes is created to read:

AB919,11,20 118.245 Limitation on salary and fringe benefit costs for professional employees. (1) In this section:

AB919,11,25 (a) "Nonrepresented professional employee" means an employee who is a professional employee as defined in s. 111.70 (1) (L), who is employed to perform services for a school district, and whose position is not included in a collective bargaining unit for which a representative is recognized or certified under subch. IV of ch. 111.

AB919,12,2 (b) "Represented professional employee" has the meaning given for "school district professional employee" in s. 111.70 (1) (ng).

AB919,12,9 (2) No school district may increase in any year the average of salary and fringe benefits of its nonrepresented professional employees in an amount that is more than the product of the percentage determined by the department under sub. (3) multiplied by the average amount spent by the school district on represented professional employees' salary and fringe benefits in the existing school year or by more than the average amount that the school district increased the salary and fringe benefits of its represented professional employees, whichever is greater.

AB919,12,12 (3) (a) By January 1, 2011, and biennially by January 1 thereafter, the department shall perform the following calculations and certify the result, expressed as a percentage, to the employment relations commission:

AB919,12,14 1. Except as provided in par. (b), determine the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year.

AB919,12,16 2. Divide the amount under subd. 1. by the statewide average base revenue per pupil, as calculated for the current school year under s. 121.905 (3).

AB919,12,18 (b) For the certification due by January 1, 2011, the department shall use $275 under par. (a) 1.

AB919, s. 14 Section 14. 120.12 (24) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 120.12 (24) (a).

AB919, s. 15 Section 15. 120.12 (24) (b) of the statutes is created to read:

AB919,13,2 120.12 (24) (b) Select the group health care benefits provider for school district employees, as defined in s. 111.70 (1) (ne), that is the lowest qualified responsible bidder under par. (a). This paragraph does not apply if the school board offers all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40.

AB919, s. 16 Section 16. 121.15 (3m) of the statutes is created to read:

AB919,13,4 121.15 (3m) (a) In this subsection:

AB919,13,7 1. "Partial school revenues" means the sum of state school aids, other than the amounts appropriated under s. 20.255 (2) (fv), property taxes levied for school districts, and aid paid to school districts under s. 79.095 (4), less all of the following:

AB919,13,10 a. The amount of any revenue limit increase under s. 121.91 (4) (a) 2. due to a school board's increasing the services that it provides by adding responsibility for providing a service transferred to it from another school board.

AB919,13,11 b. The amount of any revenue limit increase under s. 121.91 (4) (a) 3.

AB919,13,12 c. The amount of any revenue limit increase under s. 121.91 (4) (h).

AB919,13,13 d. The amount of any property taxes levied for the purpose of s. 120.13 (19).

AB919,13,15 e. An amount equal to 38.4 percent of the amount estimated to be paid under s. 119.23 (4) and (4m).

AB919,13,17 f. The amount by which the property tax levy for debt service on debt that has been approved by a referendum exceeds $490,000,000.

AB919,13,22 2. "State school aids" means those aids appropriated under s. 20.255 (1) (b) and (2), other than s. 20.255 (2) (fm), (fu), (fv), (k), and (m), and under s. 20.285 (1) (r), (rc), and (rm), and those aids appropriated under s. 20.505 (4) (es) and (s) that are used to provide grants or educational telecommunications access to school districts under s. 16.995 or 16.997 (7).

AB919,14,3 (b) By May 15, 2011, and annually by May 15 thereafter, the department, the department of administration, and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals the following portion of partial school revenues:

AB919,14,4 1. For the 2011-12 school year, 65.28 percent.

AB919,14,5 2. For the 2012-13 school year, 65.56 percent.

AB919,14,6 3. For the 2013-14 school year, 65.84 percent.

AB919,14,7 4. For the 2014-15 school year, 66.12 percent.

AB919,14,8 5. For the 2015-16 school year, 66.40 percent.

AB919,14,9 6. For the 2016-17 school year and each school year thereafter, two-thirds.

AB919,14,12 (c) By June 30, 2012, and biennially by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

AB919, s. 17 Section 17. Initial applicability.

AB919,14,18 (1) The treatment of section 111.70 (1) (b), (dm), (mc), and (ng) and (4) (cm) 5s. and 6. a. and am. and (d) 2. a. of the statutes, the renumbering and amendment of section 111.70 (4) (cm) 8m. of the statutes, and the creation of section 111.70 (4) (cm) 8m. b. of the statutes first apply to a petition for arbitration that relates to a collective bargaining agreement that is filed on the effective date of this subsection.

AB919,14,21 (2) The treatment of section 111.70 (4) (m) 6. of the statutes first applies to a collective bargaining agreement entered into, extended, modified, or renewed on the effective date of this subsection.

AB919, s. 18 Section 18. Effective date.

AB919,14,23 (1) This act takes effect on July 1, 2010.

AB919,14,24 (End)