AB127: Bill Text

AB127,6,20 b. The probability that the proposal would require service cuts.

AB127,6,23 c. The ability of the proposal to limit any increase in fringe benefits since the previous adjustment to any increase in the cost of living since the previous adjustment.

AB127,7,3 d. The ability of the proposal to reflect any increase or decrease in the cost of living since the previous adjustment in the increase or decrease of the total compensation since the previous adjustment.

AB127, s. 8 Section 8. 111.70 (4) (jm) 5. (intro.) and a. of the statutes are consolidated, renumbered 111.70 (4) (jm) 5. and amended to read:

AB127,7,12 111.70 (4) (jm) 5. In determining the proper compensation to be received by members of the police department under subd. 4., in addition to the factors under subd. 4w., the arbitrator shall utilize: a. The the most recently published U.S. bureau of labor statistics "Standards of Living Budgets for Urban Families, Moderate and Higher Level", as a guideline to determine the compensation necessary for members to enjoy a standard of living commensurate with their needs, abilities, and responsibilities; and .

AB127, s. 9 Section 9. 111.70 (4) (jm) 5. b. of the statutes is repealed.

AB127, s. 10 Section 10. 111.70 (4) (jm) 5b. of the statutes is created to read:

AB127,7,17 111.70 (4) (jm) 5b. In determining the proper compensation to be received by members of the police department under subd. 4., the arbitrator may not consider the following factors:

AB127,7,19 a. The total compensation given to employees in municipalities other than the 1st class city that is subject to the arbitration decision.

AB127,7,20 b. Any reserve fund held by the 1st class city.

AB127, s. 11 Section 11. 111.70 (4) (mc) 5., 6., 7. and 8. of the statutes are created to read:

AB127,8,2 111.70 (4) (mc) 5. Any requirement that the employer pay, on behalf of a public safety employee, the first 5.8 percent of earnings that are required to be paid as employee-required contributions under s. 40.05 (1) (a) 3. or 4., and the impact of this requirement on the wages, hours, or conditions of employment of the public safety employee.

AB127,8,8 6. a. The selection of a health care coverage plan, or the decision to offer a health savings account under 26 USC 223 instead of, or in addition to, a health care coverage plan, by the municipal employer for public safety employees as long as the municipal employer, if offering only a health care coverage plan, offers to enroll the public safety employees in a health care coverage plan that complies with the requirements under s. 40.51 (8) for health care coverage plans offered by the state.

AB127,8,18 b. If the municipal employer offers only a health care coverage plan, the determination by the municipal employer of the municipal employer's share of the premium costs for health care coverage under the plan if the municipal employer contributes at least 75 percent of the total cost of the coverage. If the municipal employer offers a health savings account under 26 USC 223 instead of, or in addition to, a health care coverage plan, the determination by the municipal employer of the municipal employer's share of premium costs for health care coverage under the plan and the amount contributed by the municipal employer to the health savings account if the municipal employer contributes at least 90 percent of the total cost of the coverage.

AB127,8,23 c. The impact of the health care coverage plan or health savings account under 26 USC 223 and the impact of the determination of the municipal employer's and the public safety employee's shares of premium costs or health savings account contributions on the wages, hours, or conditions of employment of the public safety employee.

AB127,9,3 7. The municipal employer's decision to permit individuals who perform services without payment of wages to perform services for the municipality that would otherwise be performed by public safety employees, or the impact of any such decision on the wages, hours, or conditions of employment of the public safety employees.

AB127,9,9 8. The municipal employer's decision to contract with any person who is not a public safety employee for the performance of municipal services, to contract with any other municipal employer for the performance of municipal services, or to contract with any other municipal employer to consolidate municipal services or units of government, or the impact of any such decision on the wages, hours, or conditions of employment of the public safety employees.

AB127, s. 12 Section 12. 111.70 (4) (p) of the statutes, as affected by 2011 Wisconsin Act 10, section 210, is renumbered 111.70 (4) (p) 1.

AB127, s. 13 Section 13. 111.70 (4) (p) 2. of the statutes is created to read:

AB127,9,17 111.70 (4) (p) 2. A municipal employer is not required to bargain collectively with a public safety employee a decision as to whether the employer will deduct labor organization dues from the earnings of a public safety employee or the impact of the decision on the wages, hours, or conditions of employment of its public safety employees.

AB127, s. 14 Section 14. 111.77 (3) of the statutes is amended to read:

AB127,9,25 111.77 (3) Where the parties have no procedures for disposition of a dispute and an impasse has been reached, either party may petition the commission to initiate compulsory, final and binding arbitration of the dispute. If in determining whether an impasse has been reached the commission finds that any of the procedures set forth in sub. (1) have not been complied with and that compliance would tend to result in a settlement, it may require such compliance as a prerequisite to ordering arbitration. If after such procedures have been complied with or the commission has determined that compliance would not be productive of a settlement and the commission determines that an impasse has been reached, it the commission shall ensure that neither party's position requires an expenditure for total compensation per employee in any year of the contract that exceeds the amount spent per employee in the previous year by more than 1 percent over the consumer price index average adjustment. If the commission determines that a party's position requires greater expenditure, the commission shall require that party to revise its position before submitting it again. Once both positions do not require greater expenditure, the commission shall issue an order requiring arbitration. The commission shall in connection with the order for arbitration submit a panel of 5 arbitrators from which the parties may alternately strike names until a single name is left, who shall be appointed by the commission as arbitrator, whose expenses shall be shared equally between the parties. Arbitration proceedings under this section shall not be interrupted or terminated by reason of any prohibited practice charge filed by either party at any time.

AB127, s. 15 Section 15. 111.77 (6) (intro.), (a), (b), (c), (f), (g) and (h) of the statutes are renumbered 111.77 (6) (bm) (intro.), 1., 2., 3., 6., 7. and 8., and 111.77 (6) (bm) (intro.), as renumbered, is amended to read:

AB127,10,20 111.77 (6) (bm) (intro.) In reaching a decision, in addition to the factors under par. (am), the arbitrator shall give weight to the following factors:

AB127, s. 16 Section 16. 111.77 (6) (am) of the statutes is created to read:

AB127,10,23 111.77 (6) (am) In reaching a decision, the arbitrator shall give greater weight to the following factors than to the factors under par. (bm):

AB127,11,3 1. The local economic conditions and the budget of the municipality, which may include a comparison between the proposed total compensation of the municipal employees and similar factors in the private sector in the municipality.

AB127,11,4 2. The probability that the proposal would require service cuts.

AB127,11,7 3. The ability of the proposal to limit any increase in fringe benefits since the previous adjustment to any increase in the cost of living since the previous adjustment.

AB127,11,10 4. The ability of the proposal to reflect any increase or decrease in the cost of living since the previous adjustment in the increase or decrease of total compensation since the previous adjustment.

AB127, s. 17 Section 17. 111.77 (6) (cm) of the statutes is created to read:

AB127,11,13 111.77 (6) (cm) In reaching a decision, the arbitrator may not give any weight to any of the following factors:

AB127,11,15 1. The total compensation given to employees in municipalities other than the municipality that is subject to the arbitration decision.

AB127,11,16 2. Any reserve fund held by a municipality.

AB127, s. 18 Section 18. 111.77 (6) (d) (intro.), 1. and 2. of the statutes are consolidated, renumbered 111.77 (6) (bm) 4. and amended to read:

AB127,11,24 111.77 (6) (bm) 4. Comparison of the wages, hours and conditions of employment total compensation of the employees involved in the arbitration proceeding with the wages, hours and conditions of employment total compensation of other employees performing similar services and with other employees generally: 1. In in public employment in comparable communities. 2. In and with similar factors of private employment in comparable communities the same community.

AB127, s. 19 Section 19. 111.77 (6) (e) of the statutes is repealed.

AB127, s. 20 Section 20. Initial applicability.

AB127,12,5 (1) This act first applies to employees who are covered by a collective bargaining agreement under subchapter IV of chapter 111 of the statutes that contains provisions inconsistent with those sections on the day on which the agreement expires or is terminated, extended, modified, or renewed, whichever occurs first.

AB127,12,6 (End)