LRB-0956/4
CMH:kjf:ph
2011 - 2012 LEGISLATURE
January 28, 2011 - Introduced by Senators Grothman, Darling, Lazich, Vukmir,
Galloway, Lasee, Olsen
and Leibham, cosponsored by Representatives Vos,
Nass, Pridemore, Jacque, LeMahieu, Wynn, J. Ott, Bies, Thiesfeldt, Tauchen,
Litjens, Kestell, Meyer, Kapenga, Bernier, Rivard, Van Roy, Strachota
and
Mursau. Referred to Committee on Labor, Public Safety, and Urban Affairs.
SB13,1,5 1An Act to renumber 111.825 (3); to renumber and amend 111.81 (7); to
2amend
111.84 (2) (c), 111.88 (1), 111.91 (4), 111.93 (2), 230.10 (2) and 230.34 (1)
3(ar); and to create 111.81 (7) (bm), 111.825 (3) (b) and 111.98 (1m) of the
4statutes; relating to: collective bargaining unit assignments under the State
5Employment Labor Relations Act.
Analysis by the Legislative Reference Bureau
Current law provides collective bargaining rights for state employees under the
State Employment Labor Relations Act (SELRA) and for faculty and academic staff
of the University of Wisconsin System (UW System). Under SELRA, the Wisconsin
Employment Relations Commission (WERC) assigns state employees to the
appropriate collective bargaining unit. This draft specifies that WERC may not
assign faculty and staff of the UW System to a collective bargaining unit under
SELRA.
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:
SB13, s. 1
1Section 1. 111.81 (7) of the statutes is renumbered 111.81 (7) (am), and 111.81
2(7) (am) 6., as renumbered, is amended to read:
SB13,2,53 111.81 (7) (am) 6. For purposes of this subchapter only, home care providers.
4This paragraph subdivision does not make home care providers state employees for
5any other purpose except collective bargaining.
SB13, s. 2 6Section 2. 111.81 (7) (bm) of the statutes is created to read:
SB13,2,97 111.81 (7) (bm) "Employee" does not include academic staff or faculty appointed
8by the Board of Regents of the University of Wisconsin System under s. 36.13 or
936.15.
SB13, s. 3 10Section 3. 111.825 (3) of the statutes is renumbered 111.825 (3) (a).
SB13, s. 4 11Section 4. 111.825 (3) (b) of the statutes is created to read:
SB13,2,1412 111.825 (3) (b) The commission may not assign to any collective bargaining unit
13set forth in sub. (1), (1m), or (2) any individual appointed by the Board of Regents of
14the University of Wisconsin System under s. 36.13 or 36.15.
SB13, s. 5 15Section 5. 111.84 (2) (c) of the statutes is amended to read:
SB13,2,2316 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
17(1) with the duly authorized officer or agent of the employer which is the recognized
18or certified exclusive collective bargaining representative of employees specified in
19s. 111.81 (7) (a) (am) 1. in an appropriate collective bargaining unit or with the
20certified exclusive collective bargaining representative of employees specified in s.
21111.81 (7) (b) to (g) (am) 2. to 7. in an appropriate collective bargaining unit. Such
22refusal to bargain shall include, but not be limited to, the refusal to execute a
23collective bargaining agreement previously orally agreed upon.
SB13, s. 6 24Section 6. 111.88 (1) of the statutes is amended to read:
SB13,3,11
1111.88 (1) If a dispute has not been settled after a reasonable period of
2negotiation and after the settlement procedures, if any, established by the parties
3have been exhausted, the representative which has been certified by the commission
4after an election, or, in the case of a representative of employees specified in s. 111.81
5(7) (a) (am) 1., has been duly recognized by the employer, as the exclusive
6representative of employees in an appropriate collective bargaining unit, and the
7employer, its officers and agents, after a reasonable period of negotiation, are
8deadlocked with respect to any dispute between them arising in the collective
9bargaining process, the parties jointly, may petition the commission, in writing, to
10initiate fact-finding under this section, and to make recommendations to resolve the
11deadlock.
SB13, s. 7 12Section 7. 111.91 (4) of the statutes is amended to read:
SB13,3,2113 111.91 (4) The director of the office, in connection with the development of
14tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a),
15shall endeavor to obtain tentative agreements with each recognized or certified labor
16organization representing employees or supervisors of employees specified in s.
17111.81 (7) (a) (am) 1. and with each certified labor organization representing
18employees specified in s. 111.81 (7) (b) to (e) (am) 2. to 5. which do not contain any
19provision for the payment to any employee of a cumulative or noncumulative amount
20of compensation in recognition of or based on the period of time an employee has been
21employed by the state.
SB13, s. 8 22Section 8. 111.93 (2) of the statutes is amended to read:
SB13,4,323 111.93 (2) All civil service and other applicable statutes concerning wages,
24fringe benefits, hours and conditions of employment apply to employees specified in
25s. 111.81 (7) (a) (am) 1. who are not included in collective bargaining units for which

1a representative is recognized or certified and to employees specified in s. 111.81 (7)
2(b) to (f) (am) 2. to 6. who are not included in a collective bargaining unit for which
3a representative is certified.
SB13, s. 9 4Section 9. 111.98 (1m) of the statutes is created to read:
SB13,4,75 111.98 (1m) No employee appointed by the board under s. 36.13 or 36.15 may
6be assigned by the commission to a collective bargaining unit set forth in s. 111.825
7(1), (1m), or (2).
SB13, s. 10 8Section 10. 230.10 (2) of the statutes is amended to read:
SB13,4,239 230.10 (2) The compensation plan in effect at the time that a representative
10is recognized or certified to represent employees in a collective bargaining unit and
11the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time
12that a representative is certified to represent employees in a collective bargaining
13unit under subch. V of ch. 111 constitute the compensation plan or employee salary
14and benefit provisions for employees in the collective bargaining unit until a
15collective bargaining agreement becomes effective for that unit. If a collective
16bargaining agreement under subch. V of ch. 111 expires prior to the effective date of
17a subsequent agreement, and a representative continues to be recognized or certified
18to represent employees specified in s. 111.81 (7) (a) (am) 1. or certified to represent
19employees specified in s. 111.81 (7) (b) to (f) (am) 2. to 6. in that collective bargaining
20unit, the wage rates of the employees in such a unit shall be frozen until a subsequent
21agreement becomes effective, and the compensation plan under s. 230.12 and salary
22and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the
23unit.
SB13, s. 11 24Section 11. 230.34 (1) (ar) of the statutes is amended to read:
SB13,5,10
1230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
2status in class in the classified service and all employees who have served with the
3state as an assistant district attorney for a continuous period of 12 months or more,
4except that for employees specified in s. 111.81 (7) (a) (am) 1. in a collective
5bargaining unit for which a representative is recognized or certified, or for employees
6specified in s. 111.81 (7) (b) or (c) (am) 2. or 3. in a collective bargaining unit for which
7a representative is certified, if a collective bargaining agreement is in effect covering
8employees in the collective bargaining unit, the determination of just cause and all
9aspects of the appeal procedure shall be governed by the provisions of the collective
10bargaining agreement.
SB13, s. 12 11Section 12. Initial applicability.
SB13,5,1312 (1) This act first applies to a unit clarification petition pending on the effective
13date of this subsection.
SB13,5,1414 (End)
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