SB233,58,2525
111.115
(1) (intro.) In this
section, "strike" subsection:
SB233,59,4
1(b) "Strike" includes any concerted stoppage of work by employees, and any
2concerted slowdown or other concerted interruption of operations or services by
3employees, or any concerted refusal of employees to work or perform their usual
4duties as employees, for the purpose of enforcing demands upon an employer.
SB233, s. 116
5Section
116. 111.115 (1) (a) of the statutes is created to read:
SB233,59,116
111.115
(1) (a) "Lockout" means the barring of one or more employees from their
7employment in an establishment by an employer as a part of a labor dispute, which
8is not directly subsequent to a strike or other job action of a labor organization or
9group of employees of the employer, or which continues or occurs after the
10termination of a strike or other job action of a labor organization or group of
11employees of the employer.
SB233, s. 117
12Section
117. 111.115 (2) of the statutes is created to read:
SB233,59,2013
111.115
(2) If no collective bargaining agreement is in effect between the
14University of Wisconsin Hospitals and Clinics Authority and the recognized or
15certified representative of employees of that authority in a collective bargaining unit,
16the employer may not engage in a lockout affecting employees in that collective
17bargaining unit without first giving 10 days' written notice to the representative of
18its intention to engage in a lockout, and the representative may not engage in a strike
19without first giving 10 days' written notice to the employer of its intention to engage
20in a strike.
SB233,59,25
23111.17 Conflict of provisions; effect. (intro.) Wherever the application of
24the provisions of other statutes or laws conflict with the application of the provisions
25of this subchapter, this subchapter shall prevail, except
that in for the following:
SB233,60,2
1(1) In any situation where the provisions of this subchapter cannot be validly
2enforced the provisions of such other statutes or laws shall apply.
SB233, s. 119
3Section
119. 111.17 (2) of the statutes is created to read:
SB233,60,154
111.17
(2) All fringe benefits authorized or required to be provided by the
5University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
640 shall be governed exclusively by ch. 40, except that if any provision of ch. 40
7specifically permits a collective bargaining agreement under this subchapter to
8govern the eligibility for or the application, cost, or terms of a fringe benefit under
9ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe
10benefit under ch. 40 shall be governed by a collective bargaining agreement under
11this subchapter, a collective bargaining agreement may contain a provision so
12governing and such a provision supersedes any provision of ch. 40 with respect to the
13employees to whom the agreement applies. The employer is prohibited from
14engaging in collective bargaining concerning any matter governed exclusively by ch.
1540 under this subsection.
SB233,61,718
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
19obligation of a municipal employer, through its officers and agents, and the
20representative of its municipal employees in a collective bargaining unit, to meet and
21confer at reasonable times, in good faith, with the intention of reaching an
22agreement, or to resolve questions arising under such an agreement, with respect to
23wages, hours, and conditions of employment
for public safety employees or transit
24employees and with respect to wages for general municipal employees, and with
25respect to a requirement of the municipal employer for a municipal employee to
1perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
2(2e)
and for a school district with respect to any matter under sub. (4) (n) or (o), except
3as provided in
sub. subs. (3m), (3p), and (4)
(mb) (m) and (mc) and s. 40.81 (3) and
4except that a municipal employer shall not meet and confer with respect to any
5proposal to diminish or abridge the rights guaranteed to any
public safety municipal 6employees under ch. 164. Collective bargaining includes the reduction of any
7agreement reached to a written and signed document.
SB233,61,1712
111.70
(1) (f) "Fair-share agreement" means an agreement between a
13municipal employer and a labor organization
that represents public safety
14employees or transit employees under which all or any of the
public safety employees
15or transit employees in the collective bargaining unit are required to pay their
16proportionate share of the cost of the collective bargaining process and contract
17administration measured by the amount of dues uniformly required of all members.
SB233,62,422
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
23metropolitan sewerage district, school district, long-term care district, transit
24authority under s. 59.58 (7) or 66.1039,
local cultural arts district created under
25subch. V of ch. 229, or any other political subdivision of the state, or instrumentality
1of one or more political subdivisions of the state, that engages the services of an
2employee and includes any person acting on behalf of a municipal employer within
3the scope of the person's authority, express or implied
, but specifically does not
4include a local cultural arts district created under subch. V of ch. 229.
SB233,62,129
111.70
(1) (n) "Referendum" means a proceeding conducted by the commission
10in which
public safety employees or transit employees in a collective bargaining unit
11may cast a secret ballot on the question of authorizing a labor organization and the
12employer to continue a fair-share agreement.
SB233, s. 128
15Section
128. 111.70 (1g) of the statutes is created to read:
SB233,62,2316
111.70
(1g) Declaration of policy. (a) The public policy of the state as to labor
17disputes arising in municipal employment is to encourage voluntary settlement
18through the procedures of collective bargaining. Accordingly, it is in the public
19interest that municipal employees so desiring be given an opportunity to bargain
20collectively with the municipal employer through a labor organization or other
21representative of the employees' own choice. If such procedures fail, the parties
22should have available to them a fair, speedy, effective and, above all, peaceful
23procedure for settlement as provided in this subchapter.
SB233,63,424
(b) In creating this subchapter the legislature recognizes that the municipal
25employer must exercise its powers and responsibilities to act for the government and
1good order of the jurisdiction which it serves, its commercial benefit and the health,
2safety, and welfare of the public to assure orderly operations and functions within its
3jurisdiction, subject to those rights secured to municipal employees by the
4constitutions of this state and of the United States and by this subchapter.
SB233,64,97
111.70
(2) Rights of municipal employees. Municipal employees have the right
8of self-organization, and the right to form, join, or assist labor organizations, to
9bargain collectively through representatives of their own choosing, and to engage in
10lawful, concerted activities for the purpose of collective bargaining or other mutual
11aid or protection. Municipal employees have the right to refrain from any and all
12such activities
. A general municipal employee has the right to refrain from paying
13dues while remaining a member of a collective bargaining unit. A public safety
14employee or a transit employee, however,
except that an employee may be required
15to pay dues in the manner provided in a fair-share agreement; a fair-share
16agreement
covering a public safety employee or a transit employee must contain a
17provision requiring the municipal employer to deduct the amount of dues as certified
18by the labor organization from the earnings of the employee affected by the
19fair-share agreement and to pay the amount deducted to the labor organization. A
20fair-share agreement
covering a public safety employee or transit employee is
21subject to the right of the municipal employer or a labor organization to petition the
22commission to conduct a referendum. Such petition must be supported by proof that
23at least 30% of the employees in the collective bargaining unit desire that the
24fair-share agreement be terminated. Upon so finding, the commission shall conduct
25a referendum. If the continuation of the agreement is not supported by at least the
1majority of the eligible employees, it shall terminate. The commission shall declare
2any fair-share agreement suspended upon such conditions and for such time as the
3commission decides whenever it finds that the labor organization involved has
4refused on the basis of race, color, sexual orientation, creed, or sex to receive as a
5member any
public safety employee or transit employee of the municipal employer
6in the bargaining unit involved, and such agreement is subject to this duty of the
7commission. Any of the parties to such agreement or any
public safety employee or
8transit municipal employee covered by the agreement may come before the
9commission, as provided in s. 111.07, and ask the performance of this duty.
SB233,64,1512
111.70
(3) (a) 3. To encourage or discourage a membership in any labor
13organization by discrimination in regard to hiring, tenure, or other terms or
14conditions of employment; but the prohibition shall not apply to a fair-share
15agreement
that covers public safety employees or transit employees.
SB233,65,218
111.70
(3) (a) 5. To violate any collective bargaining agreement previously
19agreed upon by the parties with respect to wages, hours and conditions of
20employment affecting
public safety employees or transit municipal employees,
21including an agreement to arbitrate questions arising as to the meaning or
22application of the terms of a collective bargaining agreement or to accept the terms
23of such arbitration award, where previously the parties have agreed to accept such
24award as final and binding upon them
or to violate any collective bargaining
1agreement affecting general municipal employees, that was previously agreed upon
2by the parties with respect to wages.
SB233,65,115
111.70
(3) (a) 6. To deduct labor organization dues from the earnings of a
public
6safety employee or a transit municipal employee, unless the municipal employer has
7been presented with an individual order therefor, signed by the employee personally,
8and terminable by at least the end of any year of its life or earlier by the
public safety
9employee or transit municipal employee giving at least 30 days' written notice of such
10termination to the municipal employer and to the representative organization,
11except when a fair-share agreement is in effect.
SB233, s. 133
12Section
133. 111.70 (3) (a) 7. of the statutes is created to read:
SB233,65,1413
111.70
(3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
14lawfully made under sub. (4) (cm).
SB233,65,2219
111.70
(3) (a) 9.
If the collective bargaining unit contains a public safety
20employee or transit employee, after After a collective bargaining agreement expires
21and before another collective bargaining agreement takes effect, to fail to follow any
22fair-share agreement in the expired collective bargaining agreement.
SB233, s. 136
23Section
136. 111.70 (3) (b) 6. of the statutes is created to read:
SB233,65,2524
111.70
(3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
25lawfully made under sub. (4) (cm).
SB233, s. 139
5Section
139. 111.70 (3m) of the statutes is created to read:
SB233,66,116
111.70
(3m) Milwaukee county enrollment services unit. A collective
7bargaining agreement that covers municipal employees performing services for the
8Milwaukee County enrollment services unit under s. 49.825 shall contain a provision
9that permits the terms of the agreement to be modified with respect to hours and
10conditions of employment by a memorandum of understanding under s. 49.825 (3)
11(b) 4.
SB233, s. 140
12Section
140. 111.70 (3p) of the statutes is created to read:
SB233,66,1713
111.70
(3p) Child care provider services unit. A collective bargaining
14agreement that covers municipal employees performing services for the child care
15provider services unit under s. 49.826 shall contain a provision that permits the
16terms of the agreement to be modified with respect to hours and conditions of
17employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
SB233,66,2322
111.70
(4) (c) (title)
Methods for peaceful settlement of disputes; public safety
23employees law enforcement and fire fighting personnel.
SB233,67,6
1111.70
(4) (c) 1m. `Mediation.' The commission may function as a mediator in
2labor disputes
involving a collective bargaining unit containing a public safety
3employee. Such mediation may be carried on by a person designated to act by the
4commission upon request of one or both of the parties or upon initiation of the
5commission. The function of the mediator is to encourage voluntary settlement by
6the parties but no mediator has the power of compulsion.
SB233, s. 144
7Section
144. 111.70 (4) (c) 1g. of the statutes is created to read:
SB233,67,98
111.70
(4) (c) 1g. `Applicability.' This paragraph applies only to municipal
9employees who are engaged in law enforcement or fire fighting functions.
SB233,67,1612
111.70
(4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
13or application of the terms of a written collective bargaining agreement
involving a
14collective bargaining unit containing a public safety employee may agree in writing
15to have the commission or any other appropriate agency serve as arbitrator or may
16designate any other competent, impartial and disinterested person to so serve.
SB233,68,219
111.70
(4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
20involving a collective bargaining unit containing a public safety employee has not
21been settled after a reasonable period of negotiation and after the settlement
22procedures, if any, established by the parties have been exhausted, and the parties
23are deadlocked with respect to any dispute between them arising in the collective
24bargaining process, either party, or the parties jointly, may petition the commission,
1in writing, to initiate fact-finding, and to make recommendations to resolve the
2deadlock, as follows:
SB233,68,87
111.70
(4) (cm) (title)
Methods for peaceful settlement of disputes; general
8municipal employees other personnel.
SB233,68,189
1. `Notice of commencement of contract negotiations.' For the purpose of
10advising the commission of the commencement of contract negotiations
involving a
11collective bargaining unit containing general municipal employees, whenever either
12party requests the other to reopen negotiations under a binding collective bargaining
13agreement, or the parties otherwise commence negotiations if no such agreement
14exists, the party requesting negotiations shall immediately notify the commission in
15writing. Upon failure of the requesting party to provide such notice, the other party
16may so notify the commission. The notice shall specify the expiration date of the
17existing collective bargaining agreement, if any, and shall set forth any additional
18information the commission may require on a form provided by the commission.
SB233,69,219
2. `Presentation of initial proposals; open meetings.' The meetings between
20parties to a collective bargaining agreement or proposed collective bargaining
21agreement under this subchapter that
involve a collective bargaining unit
22containing a general municipal employee and that are held for the purpose of
23presenting initial bargaining proposals, along with supporting rationale, shall be
24open to the public. Each party shall submit its initial bargaining proposals to the
1other party in writing. Failure to comply with this subdivision is not cause to
2invalidate a collective bargaining agreement under this subchapter.
SB233,69,73
3. `Mediation.' The commission or its designee shall function as mediator in
4labor disputes involving
general municipal employees upon request of one or both of
5the parties, or upon initiation of the commission. The function of the mediator shall
6be to encourage voluntary settlement by the parties. No mediator has the power of
7compulsion.
SB233,69,138
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
9application of the terms of a written collective bargaining agreement
involving a
10collective bargaining unit containing a general municipal employee may agree in
11writing to have the commission or any other appropriate agency serve as arbitrator
12or may designate any other competent, impartial and disinterested person to so
13serve.
SB233, s. 149
14Section
149. 111.70 (4) (cm) 5. of the statutes is created to read:
SB233,70,215
111.70
(4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
16other impasse resolution procedures provided in this paragraph, a municipal
17employer and labor organization may, as a permissive subject of bargaining, agree
18in writing to a dispute settlement procedure, including authorization for a strike by
19municipal employees or binding interest arbitration, that is acceptable to the parties
20for resolving an impasse over terms of any collective bargaining agreement under
21this subchapter. The parties shall file a copy of the agreement with the commission.
22If the parties agree to any form of binding interest arbitration, the arbitrator shall
23give weight to the factors enumerated under subds. 7. and 7g. for a collective
24bargaining unit consisting of municipal employees who are not school district
1employees and under subd. 7r. for a collective bargaining unit consisting of municipal
2employees.
SB233, s. 150
3Section
150. 111.70 (4) (cm) 6. of the statutes is created to read:
SB233,70,184
111.70
(4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
5a dispute relating to any issue has not been settled after a reasonable period of
6negotiation and after mediation by the commission under subd. 3. and other
7settlement procedures, if any, established by the parties have been exhausted, and
8the parties are deadlocked with respect to any dispute between them over wages,
9hours, or conditions of employment to be included in a new collective bargaining
10agreement, either party, or the parties jointly, may petition the commission, in
11writing, to initiate compulsory, final, and binding arbitration, as provided in this
12paragraph. At the time the petition is filed, the petitioning party shall submit in
13writing to the other party and the commission its preliminary final offer containing
14its latest proposals on all issues in dispute. Within 14 calendar days after the date
15of that submission, the other party shall submit in writing its preliminary final offer
16on all disputed issues to the petitioning party and the commission. If a petition is
17filed jointly, both parties shall exchange their preliminary final offers in writing and
18submit copies to the commission at the time the petition is filed.
SB233,72,819
am. Upon receipt of a petition to initiate arbitration, the commission shall
20investigate, with or without a formal hearing, whether arbitration should be
21commenced. If in determining whether an impasse exists the commission finds that
22the procedures under this paragraph have not been complied with and that the
23compliance would tend to result in a settlement, it may order compliance before
24ordering arbitration. The validity of any arbitration award or collective bargaining
25agreement is not affected by failure to comply with the procedures. Prior to the close
1of the investigation each party shall submit in writing to the commission its single
2final offer containing its final proposals on all issues in dispute that are subject to
3interest arbitration under this subdivision. If a party fails to submit a single,
4ultimate final offer, the commission shall close the investigation based on the last
5written position of the party. Such final offers may include only mandatory subjects
6of bargaining, except that a permissive subject of bargaining may be included by a
7party if the other party does not object and shall then be treated as a mandatory
8subject. No later than such time, the parties shall also submit to the commission a
9stipulation, in writing, with respect to all matters that are agreed upon for inclusion
10in the new or amended collective bargaining agreement. The commission, after
11receiving a report from its investigator and determining that arbitration should be
12commenced, shall issue an order requiring arbitration and immediately submit to
13the parties a list of 7 arbitrators. The parties shall alternately strike names from the
14list until a single name is left, who shall be appointed as arbitrator. The petitioning
15party shall notify the commission in writing of the identity of the arbitrator selected.
16Upon receipt of the notice, the commission shall formally appoint the arbitrator and
17submit to him or her the final offers of the parties. The final offers are public
18documents and shall be available from the commission. In lieu of a single arbitrator
19and upon request of both parties, the commission shall appoint a tripartite
20arbitration panel consisting of one member selected by each of the parties and a
21neutral person designated by the commission who shall serve as a chairperson. An
22arbitration panel has the same powers and duties as provided in this section for any
23other appointed arbitrator, and all arbitration decisions by a panel shall be
24determined by majority vote. In place of selection of the arbitrator by the parties and
25upon request of both parties, the commission shall establish a procedure for
1randomly selecting names of arbitrators. Under the procedure, the commission shall
2submit a list of 7 arbitrators to the parties. Each party shall strike one name from
3the list. From the remaining 5 names, the commission shall randomly appoint an
4arbitrator. Unless both parties to an arbitration proceeding otherwise agree in
5writing, every individual whose name is submitted by the commission for
6appointment as an arbitrator must be a resident of this state at the time of
7submission and every individual who is designated as an arbitration panel
8chairperson must be a resident of this state at the time of designation.
SB233,72,199
b. The arbitrator shall, within 10 days of his or her appointment, establish a
10date and place for the conduct of the arbitration hearing. Upon petition of at least
115 citizens of the jurisdiction served by the municipal employer, filed within 10 days
12after the date on which the arbitrator is appointed, the arbitrator shall hold a public
13hearing in the jurisdiction to provide the opportunity to both parties to explain or
14present supporting arguments for their positions and to members of the public to
15offer their comments and suggestions. The final offers of the parties, as transmitted
16by the commission to the arbitrator, are the basis for continued negotiations, if any,
17between the parties with respect to the issues in dispute. At any time prior to the
18arbitration hearing, either party, with the consent of the other party, may modify its
19final offer in writing.
SB233,73,420
c. Prior to the arbitration hearing, either party may, within a time limit
21established by the arbitrator, withdraw its final offer and mutually agreed upon
22modifications, if any, and shall immediately provide written notice of any withdrawal
23to the other party, the arbitrator, and the commission. If both parties withdraw their
24final offers and mutually agreed upon modifications, the labor organization, after
25giving 10 days' written advance notice to the municipal employer and the
1commission, may strike. Unless both parties withdraw their final offers and
2mutually agreed upon modifications, the final offer of neither party is considered
3withdrawn and the arbitrator shall proceed to resolve the dispute by final and
4binding arbitration as provided in this paragraph.
SB233,73,165
d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
6her own motion or at the request of either party, conduct a meeting open to the public
7to provide the opportunity to both parties to explain or present supporting
8arguments for their complete offer on all matters to be covered by the proposed
9agreement. The arbitrator shall adopt without further modification the final offer
10of one of the parties on all disputed issues submitted under subd. 6. am., except those
11items that the commission determines not to be mandatory subjects of bargaining
12and those items that have not been treated as mandatory subjects by the parties, and
13including any prior modifications of the offer mutually agreed upon by the parties
14under subd. 6. b., which decision is final and binding on both parties and shall be
15incorporated into a written collective bargaining agreement. The arbitrator shall
16serve a copy of his or her decision on both parties and the commission.
SB233,73,1817
e. Arbitration proceedings may not be interrupted or terminated by reason of
18any prohibited practice complaint filed by either party at any time.
SB233,73,2019
f. The parties shall equally divide the costs of arbitration. The arbitrator shall
20submit a statement of his or her costs to both parties and to the commission.
SB233,74,321
g. If a question arises as to whether any proposal made in negotiations by either
22party is a mandatory, permissive, or prohibited subject of bargaining, the
23commission shall determine the issue pursuant to par. (b). If either party to the
24dispute petitions the commission for a declaratory ruling under par. (b), the
25proceedings under subd. 6. c. and d. may not occur until the commission renders a
1decision in the matter and the decision is final. The arbitrator's award shall be made
2in accordance with the commission's ruling, subject to automatic amendment by any
3subsequent court reversal.
SB233, s. 151
4Section
151. 111.70 (4) (cm) 7. of the statutes is created to read:
SB233,74,135
111.70
(4) (cm) 7. `Factor given greatest weight.' In making any decision under
6the arbitration procedures authorized by this paragraph, except for any decision
7involving a collective bargaining unit consisting of school district employees, the
8arbitrator or arbitration panel shall consider and shall give the greatest weight to
9any state law or directive lawfully issued by a state legislative or administrative
10officer, body, or agency that limits expenditures that may be made or revenues that
11may be collected by a municipal employer. The arbitrator or arbitration panel shall
12give an accounting of the consideration of this factor in the arbitrator's or panel's
13decision.
SB233, s. 152
14Section
152. 111.70 (4) (cm) 7g. of the statutes is created to read:
SB233,74,2015
111.70
(4) (cm) 7g. `Factor given greater weight.' In making any decision under
16the arbitration procedures authorized by this paragraph, except for any decision
17involving a collective bargaining unit consisting of school district employees, the
18arbitrator or arbitration panel shall consider and shall give greater weight to
19economic conditions in the jurisdiction of the municipal employer than to any of the
20factors specified in subd. 7r.
SB233, s. 153
21Section
153. 111.70 (4) (cm) 7r. of the statutes is created to read:
SB233,74,2422
111.70
(4) (cm) 7r. `Other factors considered.' In making any decision under the
23arbitration procedures authorized by this paragraph, the arbitrator or arbitration
24panel shall give weight to the following factors:
SB233,74,2525
a. The lawful authority of the municipal employer.
SB233,75,1
1b. Stipulations of the parties.
SB233,75,32
c. The interests and welfare of the public and the financial ability of the unit
3of government to meet the costs of any proposed settlement.
SB233,75,64
d. Comparison of wages, hours, and conditions of employment of the municipal
5employees involved in the arbitration proceedings with the wages, hours, and
6conditions of employment of other employees performing similar services.
SB233,75,107
e. Comparison of the wages, hours, and conditions of employment of the
8municipal employees involved in the arbitration proceedings with the wages, hours,
9and conditions of employment of other employees generally in public employment in
10the same community and in comparable communities.
SB233,75,1411
f. Comparison of the wages, hours, and conditions of employment of the
12municipal employees involved in the arbitration proceedings with the wages, hours,
13and conditions of employment of other employees in private employment in the same
14community and in comparable communities.