SB233,48,223 109.03 (1) (b) School district and private school employees who voluntarily
24request payment over a 12-month period for personal services performed during the
25school year, unless, with respect to private school employees, the such employees are

1covered under a valid collective bargaining agreement which precludes this method
2of payment.
SB233, s. 95 3Section 95. 111.02 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is
4amended to read:
SB233,48,95 111.02 (1) "All-union agreement" means an agreement between an employer
6other than the University of Wisconsin Hospitals and Clinics Authority and the
7representative of the employer's employees in a collective bargaining unit whereby
8all or any of the employees in such unit are required to be members of a single labor
9organization.
SB233, s. 96 10Section 96. 111.02 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is
11amended to read:
SB233,48,1712 111.02 (2) "Collective bargaining" means the negotiation by an employer and
13a majority of the employer's employees in a collective bargaining unit, or their
14representatives, concerning representation or terms and conditions of employment
15of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a
16mutually genuine effort to reach an agreement with reference to the subject under
17negotiation.
SB233, s. 97 18Section 97. 111.02 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is
19amended to read:
SB233,49,920 111.02 (3) "Collective bargaining unit" means all of the employees of one
21employer, employed within the state, except as provided in s. 111.05 (5) and (7) and
22except that where a majority of the employees engaged in a single craft, division,
23department or plant have voted by secret ballot as provided in s. 111.05 (2) to
24constitute such group a separate bargaining unit they shall be so considered, but, in
25appropriate cases, and to aid in the more efficient administration of ss. 111.01 to

1111.19, the commission may find, where agreeable to all parties affected in any way
2thereby, an industry, trade or business comprising more than one employer in an
3association in any geographical area to be a "collective bargaining unit". A collective
4bargaining unit thus established by the commission shall be subject to all rights by
5termination or modification given by ss. 111.01 to 111.19 in reference to collective
6bargaining units otherwise established under ss. 111.01 to 111.19. Two or more
7collective bargaining units may bargain collectively through the same
8representative where a majority of the employees in each separate unit have voted
9by secret ballot as provided in s. 111.05 (2) so to do.
SB233, s. 98 10Section 98. 111.02 (6) (am) of the statutes is created to read:
SB233,49,1411 111.02 (6) (am) "Employee" includes a child care provider certified under s.
1248.651 and a child care provider licensed under s. 48.65 who provides care and
13supervision for not more than 8 children who are not related to the child care
14provider.
SB233, s. 99 15Section 99. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.)
16and amended to read:
SB233,49,1817 111.02 (7) (a) (intro.) "Employer" means a person who engages the services of
18an employee, and includes a all of the following:
SB233,49,20 191. A person acting on behalf of an employer within the scope of his or her
20authority, express or implied.
SB233, s. 100 21Section 100. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:
SB233,49,2222 111.02 (7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.
SB233,49,2323 3. A local cultural arts district created under subch. V of ch. 229.
SB233,50,3
14. With respect to an employee under sub. (6) (am), the state, counties, and
2other administrative entities involved in regulation and subsidization of employees
3under sub. (6) (am).
SB233, s. 101 4Section 101. 111.02 (7) (b) 1. of the statutes, as affected by 2011 Wisconsin Act
510
, is amended to read:
SB233,50,76 111.02 (7) (b) 1. The Except as provided in par. (a) 4., the state or any political
7subdivision thereof.
SB233, s. 102 8Section 102. 111.02 (7m), (9m) and (10m) of the statutes are created to read:
SB233,50,159 111.02 (7m) "Fair-share agreement" means an agreement between the
10University of Wisconsin Hospitals and Clinics Authority and a labor organization
11representing employees of that authority, or between an employer defined under sub.
12(7) (a) 4. and a labor organization representing employees under sub. (6) (am), under
13which all of the employees in a collective bargaining unit are required to pay their
14proportionate share of the cost of the collective bargaining process and contract
15administration measured by the amount of dues uniformly required of all members.
SB233,50,16 16(9m) "Maintenance of membership agreement" means any of the following:
SB233,50,2317 (a) An agreement between the University of Wisconsin Hospitals and Clinics
18Authority and a labor organization representing employees of that authority which
19requires that all of the employees whose dues are being deducted from earnings
20under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall
21continue to have dues deducted for the duration of the agreement and that dues shall
22be deducted from the earnings of all employees who are hired on or after the effective
23date of the agreement.
SB233,51,424 (b) An agreement between an employer under sub. (7) (a) 4. and a labor
25organization representing employees under sub. (6) (am) which requires that all of

1the employees whose dues are being deducted from earnings under s. 111.06 (1) (i)
2at the time the agreement takes effect shall continue to have dues deducted for the
3duration of the agreement and that dues shall be deducted from the earnings of all
4employees who are hired on or after the effective date of the agreement.
SB233,51,10 5(10m) "Referendum" means a proceeding conducted by the commission in
6which employees of the University of Wisconsin Hospitals and Clinics Authority in
7a collective bargaining unit or in which employees under sub. (6) (am) in a collective
8bargaining unit may cast a secret ballot on the question of directing the labor
9organization and the employer to enter into a fair-share or maintenance of
10membership agreement or to terminate such an agreement.
SB233, s. 103 11Section 103. 111.05 (2) of the statutes, as affected by 2011 Wisconsin Act 10,
12is amended to read:
SB233,51,1813 111.05 (2) Whenever Except as provided in subs. (5) and (7), whenever a
14question arises concerning the determination of a collective bargaining unit, it shall
15be determined by secret ballot, and the commission, upon request, shall cause the
16ballot to be taken in such manner as to show separately the wishes of the employees
17in any craft, division, department or plant as to the determination of the collective
18bargaining unit.
SB233, s. 104 19Section 104. 111.05 (3g) of the statutes is created to read:
SB233,51,2520 111.05 (3g) Notwithstanding subs. (3) and (4), if on June 30, 1997, there is a
21representative recognized or certified to represent any of the units specified in s.
22111.825 (1) (f) 1., 5. or 9., that representative shall become the representative of the
23employees in the corresponding collective bargaining units specified in sub. (5) (a)
241. to 3., without the necessity of filing a petition or conducting an election, subject to
25the right of any person to file a petition under this section on or after October 1, 1998.
SB233, s. 105
1Section 105. 111.05 (5) of the statutes is created to read:
SB233,52,42 111.05 (5) (a) Collective bargaining units for representation of the employees
3of the University of Wisconsin Hospitals and Clinics Authority shall include one unit
4for employees engaged in each of the following functions:
SB233,52,55 1. Fiscal and staff services.
SB233,52,66 2. Patient care.
SB233,52,77 3. Science.
SB233,52,88 4. Clerical and related.
SB233,52,99 5. Blue collar and nonbuilding trades.
SB233,52,1010 6. Building trades crafts.
SB233,52,1111 7. Security and public safety.
SB233,52,1212 8. Technical.
SB233,52,2113 (b) Collective bargaining units for representation of the employees of the
14University of Wisconsin Hospitals and Clinics Authority who are engaged in a
15function not specified in par. (a) shall be determined in the manner provided in this
16section. The creation of any collective bargaining unit for such employees is subject
17to approval of the commission. The commission shall not permit fragmentation of
18such collective bargaining units or creation of any such collective bargaining unit
19that is too small to provide adequate representation of employees. In approving such
20collective bargaining units, the commission shall give primary consideration to the
21authority's needs to fulfill its statutory missions.
SB233, s. 106 22Section 106. 111.05 (6) of the statutes is created to read:
SB233,53,723 111.05 (6) If a single representative is recognized or certified to represent more
24than one of the collective bargaining units specified in sub. (5), that representative
25and the employer may jointly agree to combine the collective bargaining units,

1subject to the right of the employees in any of the collective bargaining units that
2were combined to petition for an election under subs. (3) and (3g). Any agreement
3under this subsection is effective upon written notice of the agreement by the parties
4to the commission and terminates upon written notice of termination by the parties
5to the commission or upon decertification of the representative entering into the
6agreement as representative of one of the combined collective bargaining units,
7whichever occurs first.
SB233, s. 107 8Section 107. 111.05 (7) of the statutes is created to read:
SB233,53,109 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective
10bargaining unit.
SB233, s. 108 11Section 108. 111.06 (1) (c) 1. of the statutes, as affected by 2011 Wisconsin Act
1210
, is amended to read:
SB233,54,1813 111.06 (1) (c) 1. To encourage or discourage membership in any labor
14organization, employee agency, committee, association or representation plan by
15discrimination in regard to hiring, tenure or other terms or conditions of employment
16except in a collective bargaining unit where an all-union, fair-share, or
17maintenance of membership
agreement is in effect. An employer is not prohibited
18from entering into an all-union agreement with the voluntarily recognized
19representative of the employees in a collective bargaining unit, where at least a
20majority of such employees voting have voted affirmatively, by secret ballot, in favor
21of the all-union agreement in a referendum conducted by the commission, except
22that where the bargaining representative has been certified by either the
23commission or the national labor relations board as the result of a representation
24election, no referendum is required to authorize the entry into an all-union
25agreement. An authorization of an all-union agreement continues, subject to the

1right of either party to the all-union agreement to petition the commission to conduct
2a new referendum on the subject. Upon receipt of the petition, the commission shall
3determine whether there is reasonable ground to believe that the employees
4concerned have changed their attitude toward the all-union agreement and upon so
5finding the commission shall conduct a referendum. If the continuance of the
6all-union agreement is supported on a referendum by a vote at least equal to that
7provided in this subdivision for its initial authorization, it may continue, subject to
8the right to petition for a further vote by the procedure under this subdivision. If the
9continuance of the all-union agreement is not supported on a referendum, it
10terminates at the expiration of the contract of which it is then a part or at the end
11of one year from the date of the announcement by the commission of the result of the
12referendum, whichever is earlier. The commission shall declare any all-union
13agreement terminated whenever it finds that the labor organization involved has
14unreasonably refused to receive as a member any employee of such employer, and
15each such all-union agreement is subject to this duty of the commission. Any person
16interested may come before the commission as provided in s. 111.07 and ask the
17performance of this duty.
Any all-union agreement in effect on October 4, 1975,
18made in accordance with the law in effect at the time it is made is valid.
SB233, s. 109 19Section 109. 111.06 (1) (d) of the statutes, as affected by 2011 Wisconsin Act
2010
, is amended to read:
SB233,55,321 111.06 (1) (d) To refuse to bargain collectively with the representative of a
22majority of the employer's employees in any collective bargaining unit with respect
23to representation or terms and conditions of employment, except as provided under
24ss. 111.05 (5) and 111.17 (2);
provided, however, that where an employer files with
25the commission a petition requesting a determination as to majority representation,

1the employer shall not be deemed to have refused to bargain until an election has
2been held and the result thereof has been certified to the employer by the
3commission.
SB233, s. 110 4Section 110. 111.06 (1) (i) of the statutes, as affected by 2011 Wisconsin Act
510
, is amended to read:
SB233,55,126 111.06 (1) (i) To deduct labor organization dues or assessments from an
7employee's earnings, unless the employer has been presented with an individual
8order therefor, signed by the employee personally, and terminable at the end of any
9year of its life by the employee giving at least thirty days' written notice of such
10termination unless there is an all-union, fair-share or maintenance of membership
11agreement in effect. The employer shall give notice to the labor organization of
12receipt of such notice of termination.
SB233, s. 111 13Section 111. 111.06 (1) (m) of the statutes is created to read:
SB233,55,1514 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout
15provided in s. 111.115 (2).
SB233, s. 112 16Section 112. 111.06 (2) (i) of the statutes, as affected by 2011 Wisconsin Act
1710
, is amended to read:
SB233,55,1918 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided
19in s. 111.115 (2) or (3).
SB233, s. 113 20Section 113. 111.075 of the statutes is created to read:
SB233,56,3 21111.075 Fair-share and maintenance of membership agreements. (1)
22(a) No fair-share or maintenance of membership agreement is effective unless
23authorized by a referendum. The commission shall order a referendum whenever it
24receives a petition supported by proof that at least 30 percent of the employees in a
25collective bargaining unit desire that a fair-share or maintenance of membership

1agreement be entered into between the employer and a labor organization. A petition
2may specify that a referendum is requested on a maintenance of membership
3agreement only, in which case the ballot shall be limited to that question.
SB233,56,104 (b) For a fair-share agreement to be authorized, at least two-thirds of the
5eligible employees voting in a referendum must vote in favor of the agreement. For
6a maintenance of membership agreement to be authorized, at least a majority of the
7eligible employees voting in a referendum must vote in favor of the agreement. In
8a referendum on a fair-share agreement, if less than two-thirds but more than
9one-half of the eligible employees vote in favor of the agreement, a maintenance of
10membership agreement is authorized.
SB233,56,2411 (c) If a fair-share or maintenance of membership agreement is authorized in
12a referendum, the employer shall enter into a fair-share or maintenance of
13membership agreement with the labor organization named on the ballot in the
14referendum. Each fair-share or maintenance of membership agreement must
15contain a provision requiring the employer to deduct the amount of dues as certified
16by the labor organization from the earnings of the employees affected by the
17agreement and to pay the amount deducted to the labor organization. Unless the
18parties agree to an earlier date, the agreement takes effect 60 days after certification
19by the commission that the referendum vote authorized the agreement. The
20employer shall be held harmless against any claims, demands, suits, and other forms
21of liability made by employees or local labor organizations which may arise for
22actions taken by the employer in compliance with this section. All lawful claims,
23demands, suits, and other forms of liability are the responsibility of the labor
24organization entering into the agreement.
SB233,57,7
1(d) Under each fair-share or maintenance of membership agreement, an
2employee who has religious convictions against dues payments to a labor
3organization based on teachings or tenets of a church or religious body of which he
4or she is a member shall, on request to the labor organization, have his or her dues
5paid to a charity mutually agreed upon by the employee and the labor organization.
6Any dispute concerning this paragraph may be submitted to the commission for
7adjudication.
SB233,57,21 8(2) (a) Once authorized, a fair-share or maintenance of membership
9agreement continues, subject to the right of the employer or labor organization
10concerned to petition the commission to conduct a new referendum. The petition
11must be supported by proof that at least 30 percent of the employees in the collective
12bargaining unit desire that the fair-share or maintenance of membership agreement
13be discontinued. Upon so finding, the commission shall conduct a new referendum.
14If the continuance of the fair-share or maintenance of membership agreement is
15approved in the referendum by at least the percentage of eligible voting employees
16required for its initial authorization, it shall continue, subject to the right of the
17employer or labor organization to later initiate a further vote following the procedure
18prescribed in this subsection. If the continuation of the agreement is not supported
19in any referendum, it terminates at the expiration of the collective bargaining
20agreement, or one year from the date of the certification of the result of the
21referendum, whichever is earlier.
SB233,58,422 (b) The commission shall declare any fair-share or maintenance of
23membership agreement suspended upon such conditions and for such time as the
24commission decides whenever it finds that the labor organization involved has
25refused on the basis of race, color, sexual orientation, or creed to receive as a member

1any employee in the collective bargaining unit involved, and the agreement shall be
2subject to the findings and orders of the commission. Any of the parties to the
3agreement, or any employee covered thereby, may come before the commission, as
4provided in s. 111.07, and petition the commission to make such a finding.
SB233,58,7 5(3) A stipulation for a referendum executed by an employer and a labor
6organization may not be filed until after the representation election has been held
7and the results certified.
SB233,58,10 8(4) The commission may, under rules adopted for that purpose, appoint as its
9agent an official of the University of Wisconsin Hospitals and Clinics Authority to
10conduct the referenda provided for in this section.
SB233,58,17 11(5) Notwithstanding sub. (1), if on July 1, 1997, there is a fair-share or
12maintenance of membership agreement in effect in any of the collective bargaining
13units specified in s. 111.825 (1) (f) 1., 5. or 9., that fair-share or maintenance of
14membership agreement shall apply to the corresponding collective bargaining unit
15under s. 111.05 (5) (a) 1. to 3. without the necessity of filing a petition or conducting
16a referendum, subject to the right of the employees in each collective bargaining unit
17to file a petition requesting a referendum under sub. (2) (a).
SB233,58,19 18(6) This section applies only in collective bargaining units comprised of
19employees of the University of Wisconsin Hospitals and Clinics Authority.
SB233, s. 114 20Section 114. 111.115 (title) of the statutes, as affected by 2011 Wisconsin Act
2110
, is amended to read:
SB233,58,22 22111.115 (title) Notice of certain proposed lockouts or strikes.
SB233, s. 115 23Section 115. 111.115 (1) of the statutes, as affected by 2011 Wisconsin Act 10,
24is renumbered 111.115 (1) (intro.) and amended to read:
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, s. 118 21Section 118. 111.17 of the statutes, as affected by 2011 Wisconsin Act 10, is
22renumbered 111.17 (intro.) and amended to read:
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, s. 120 16Section 120. 111.70 (1) (a) of the statutes, as affected by 2011 Wisconsin Act
1732
, is amended to read:
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, s. 121 8Section 121. 111.70 (1) (cm) of the statutes, as created by 2011 Wisconsin Act
910
, is repealed.
SB233, s. 122 10Section 122. 111.70 (1) (f) of the statutes, as affected by 2011 Wisconsin Act
1132
, is amended to read:
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, s. 123 18Section 123. 111.70 (1) (fm) of the statutes, as affected by 2011 Wisconsin Act
1932
, is repealed.
SB233, s. 124 20Section 124. 111.70 (1) (j) of the statutes, as affected by 2011 Wisconsin Act
2110
, is amended to read:
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, s. 125 5Section 125. 111.70 (1) (mm) of the statutes, as affected by 2011 Wisconsin Act
632
, is repealed.
SB233, s. 126 7Section 126. 111.70 (1) (n) of the statutes, as affected by 2011 Wisconsin Act
832
, is amended to read:
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.
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