SB381: Bill Text

LRB-2878/1

CMH&RAC:cjs:jm

2013 - 2014 LEGISLATURE

2013 Senate BILL 381

November 1, 2013 - Introduced by Senators Carpenter and L. Taylor. Referred to Committee on Judiciary and Labor.

SB381,1,5 An Act to repeal 111.70 (4) (jm); to consolidate, renumber and amend 111.70 (1) (mm) (intro.), 1. and 2.; and to amend 40.05 (1) (b) 2. a., 40.05 (1) (b) 2. c., 40.51 (7) (b) 1., 63.43 (3), 111.70 (1) (a), 111.70 (8) (a), 111.70 (9), 111.71 (2), 111.77 (8) (b) and 164.04 of the statutes; relating to: collective bargaining for public safety employees employed by a city of the first class.

Analysis by the Legislative Reference Bureau

Under current law, municipal public safety employees and transit employees may bargain collectively over wages, hours, and conditions of employment and municipal employees who are neither public safety employees nor transit employees (general employees) may bargain collectively over only an annual percentage wage increase that does not exceed the annual percentage increase in the consumer price index. Under this bill, public safety employees who are employed by a city of the first class (currently only Milwaukee) may bargain collectively over only an annual percentage wage increase that does not exceed the annual percentage increase in the consumer price index. This bill also makes these public safety workers subject to other provisions covering general employees in current law, including an annual certification election requirement, a limit on the term of a collective bargaining agreement to one year with no extensions, a prohibition on salary deductions for labor organization dues, and an ability to refrain from paying dues while remaining a member of a collective bargaining unit.

For further information see the 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:

SB381,1 Section 1. 40.05 (1) (b) 2. a. of the statutes is amended to read:

SB381,2,10 40.05 (1) (b) 2. a. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee or a nonrepresented managerial employee described in s. 111.70 (1) (mm) 2. who is an emergency medical service provider for emergency medical services departments, who was initially employed by the municipal employer before July 1, 2011, the same contributions required by par. (a) that are paid by the municipal employer for represented law enforcement or, fire fighting, or emergency medical service personnel or personnel described in s. 111.70 (1) (mm) 2. who were initially employed by the municipal employer before July 1, 2011.

SB381,2 Section 2. 40.05 (1) (b) 2. c. of the statutes is amended to read:

SB381,3,2 40.05 (1) (b) 2. c. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee or employee described in s. 111.70 (1) (mm) 2. who is an emergency medical service provider for emergency medical services departments, who was initially employed by the municipal employer before July 1, 2011, and who on or after July 1, 2011, became employed in a nonrepresented law enforcement or, fire fighting, or emergency medical service managerial position or nonrepresented managerial position described in s. 111.70 (1) (mm) 2. with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after July 1, 2011, the same contributions required by par. (a) that are paid by the employer for represented law enforcement or, fire fighting, or emergency medical service personnel or personnel described in s. 111.70 (1) (mm) 2. who were initially employed by a municipal employer before July 1, 2011.

SB381,3 Section 3. 40.51 (7) (b) 1. of the statutes is amended to read:

SB381,3,12 40.51 (7) (b) 1. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee or a nonrepresented managerial employee described in s. 111.70 (1) (mm) 2. who is an emergency medical service provider for emergency medical services departments, who was initially employed by the municipal employer before July 1, 2011, the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or, fire fighting, or emergency medical service personnel or personnel described in s. 111.70 (1) (mm) 2. who were initially employed by the municipal employer before July 1, 2011.

SB381,4 Section 4. 63.43 (3) of the statutes is amended to read:

SB381,3,20 63.43 (3) If such city and a labor organization representing transit employees of, as defined in s. 111.70 (1) (p), employed by the city enter into a collective bargaining agreement under subch. IV of ch. 111, the agreement may provide that the provisions of that agreement relating to removal, discharge, suspension and reduction shall supersede this section with respect to employees covered by the agreement while the agreement is in effect. This subsection does not apply to any action under sub. (1) to suspend an employee with pay.

SB381,5 Section 5. 111.70 (1) (a) of the statutes is amended to read:

SB381,4,10 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or transit employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal public safety employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e), except as provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

SB381,6 Section 6. 111.70 (1) (mm) (intro.), 1. and 2. of the statutes are consolidated, renumbered 111.70 (1) (mm) and amended to read:

SB381,4,20 111.70 (1) (mm) "Public safety employee" means any a municipal employee who is employed in a position that, on July 1, 2011, is one of the following: 1. Classified classified as a protective occupation participant under any of the following: a. Section s. 40.02 (48) (am) 9., 10., 13., 15., or 22. b. A or under a comparable provision that is comparable to a provision under subd. 1. a. that is in a county or city retirement system. 2. An or is an emergency medical service provider for emergency medical services departments, except that "public safety employee" does not mean a municipal employee who is employed by a 1st class city.

SB381,7 Section 7. 111.70 (4) (jm) of the statutes is repealed.

SB381,8 Section 8. 111.70 (8) (a) of the statutes is amended to read:

SB381,5,2 111.70 (8) (a) This section, except sub. (4) (cg) and (cm), applies to law enforcement supervisors employed by a 1st class city. This section, except sub. (4) (cm) and (jm), applies to law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the terms "municipal employee" and "public safety employee" include such a supervisor.

SB381,9 Section 9. 111.70 (9) of the statutes is amended to read:

SB381,5,9 111.70 (9) Powers of chief of police. Nothing in s. 62.50 grants the chief of police in cities of the 1st class any authority which diminishes or in any other manner affects the rights of municipal employees who are members of a police department employed by a city of the 1st class under this section or under any collective bargaining agreement which is entered into between a city of the 1st class and a labor organization representing the members of its police department.

SB381,10 Section 10. 111.71 (2) of the statutes is amended to read:

SB381,6,19 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1., (cg) 3., or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cg) 3., 4., and 6., and (cm) 3. and 4., and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) 6. or (jm) or 111.77 (3) may not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

SB381,11 Section 11. 111.77 (8) (b) of the statutes is amended to read:

SB381,6,23 111.77 (8) (b) This section shall not apply to public safety employees who are members of a police department employed by a 1st class city nor to any city, village or town having a population of less than 2,500.

SB381,12 Section 12. 164.04 of the statutes is amended to read:

SB381,7,5 164.04 Rights not to be diminished. The rights under this chapter shall not be diminished or abridged by any ordinance or provision of any collective bargaining agreement under ch. 111. These rights may be supplemented and expanded by ordinance or collective bargaining agreement in any manner not inconsistent with this chapter or with ch. 111.

SB381,13 Section 13. Initial applicability.

SB381,7,10 (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 this act on the day on which the agreement expires or is terminated, extended, modified, or renewed, whichever occurs first.

SB381,7,11 (End)