SB558,72,54
2. The development of or any changes to a teacher evaluation plan under s.
5118.225.
SB558,154
6Section
154. 111.70 (4) (p) of the statutes is amended to read:
SB558,72,127
111.70
(4) (p)
Permissive subjects of collective bargaining; public safety and
8transit employees. A municipal employer is not required to bargain
with public safety
9employees or transit employees on subjects reserved to management and direction
10of the governmental unit except insofar as the manner of exercise of such functions
11affects the wages, hours, and conditions of employment of the
public safety
12employees or of the transit municipal employees in a collective bargaining unit.
SB558,155
13Section
155. 111.70 (7) of the statutes is created to read:
SB558,72,2014
111.70
(7) Penalty for striker. (a) Whoever violates sub. (4) (L) after an
15injunction against a strike has been issued shall be fined $10. After the injunction
16has been issued, any employee who is absent from work because of purported illness
17is presumed to be on strike unless the illness is verified by a written report from a
18physician to the employer. Each day of continued violation constitutes a separate
19offense. The court shall order that any fine imposed under this subsection be paid
20by means of a salary deduction at a rate to be determined by the court.
SB558,72,2221
(b) This subsection applies only to municipal employees who are engaged in law
22enforcement or fire fighting functions.
SB558,156
23Section
156. 111.70 (7m) (a) of the statutes is renumbered 111.70 (7m) (ar).
SB558,157
24Section
157. 111.70 (7m) (ag) of the statutes is created to read:
SB558,73,3
1111.70
(7m) (ag)
Application. This subsection does not apply to strikes
2involving municipal employees who are engaged in law enforcement or fire fighting
3functions.
SB558,158
4Section
158. 111.70 (7m) (b) of the statutes is created to read:
SB558,73,165
111.70
(7m) (b)
Injunction; threat to public health or safety. At any time after
6a labor organization gives advance notice of a strike under sub. (4) (cm) that is
7expressly authorized under sub. (4) (cm), the municipal employer or any citizen
8directly affected by the strike may petition the circuit court to enjoin the strike. If
9the court finds that the strike poses an imminent threat to the public health or safety,
10the court shall, within 48 hours after the receipt of the petition but after notice to the
11parties and after holding a hearing, issue an order immediately enjoining the strike,
12and shall order the parties to submit a new final offer on all disputed issues to the
13commission for final and binding arbitration as provided in sub. (4) (cm). The
14commission, upon receipt of the final offers of the parties, shall transmit them to the
15arbitrator or a successor designated by the commission. The arbitrator shall omit
16preliminary steps and shall commence immediately to arbitrate the dispute.
SB558,159
17Section
159. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
SB558,73,2518
111.70
(7m) (c) 1. a. Any labor organization that
represents public safety
19employees or transit employees which violates sub. (4) (L) may not collect any dues
20under a collective bargaining agreement or under a fair-share agreement from any
21municipal employee covered by either agreement for a period of one year. At the end
22of the period of suspension,
any such the agreement shall be reinstated unless the
23labor organization is no longer authorized to represent the
public safety employees
24or transit municipal employees covered by the collective bargaining agreement or
25fair-share agreement or the agreement is no longer in effect.
SB558,160
1Section
160. 111.70 (7m) (c) 3. of the statutes is created to read:
SB558,74,62
111.70
(7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
3participates in a strike after a final and binding arbitration award or decision under
4sub. (4) (cm) is issued and before the end of the term of the agreement which the
5award or decision amends or creates shall forfeit $15 per offense. Each day of
6continued violation constitutes a separate offense.
SB558,161
7Section
161. 111.70 (7m) (e) of the statutes is created to read:
SB558,74,128
111.70
(7m) (e)
Civil liability. Any party refusing to include an arbitration
9award or decision under sub. (4) (cm) in a written collective bargaining agreement
10or failing to implement the award or decision, unless good cause is shown, is liable
11for attorney fees, interest on delayed monetary benefits, and other costs incurred in
12any action by the nonoffending party to enforce the award or decision.
SB558,162
13Section
162. 111.70 (8) (a) of the statutes is amended to read:
SB558,74,1914
111.70
(8) (a) This section, except
sub. subs. (1) (nm), (4)
(cg) and (cm),
and (7m), 15applies to law enforcement supervisors employed by a 1st class city. This section,
16except
sub. subs. (1) (nm), (4) (cm) and (jm),
and (7m) applies to law enforcement
17supervisors employed by a county having a population of 500,000 or more. For
18purposes of such application, the
terms term "municipal employee"
and "public
19safety employee" include includes such a supervisor.
SB558,163
20Section
163. 111.71 (2) of the statutes is amended to read:
SB558,76,421
111.71
(2) The commission shall assess and collect a filing fee for filing a
22complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
23The commission shall assess and collect a filing fee for filing a request that the
24commission act as an arbitrator to resolve a dispute involving the interpretation or
25application of a collective bargaining agreement under s. 111.70 (4) (c) 2.
, (cg) 4., or
1(cm) 4. The commission shall assess and collect a filing fee for filing a request that
2the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
3assess and collect a filing fee for filing a request that the commission act as a
4mediator under s. 111.70 (4) (c) 1.
, (cg) 3., or (cm) 3. The commission shall assess and
5collect a filing fee for filing a request that the commission initiate compulsory, final
6and binding arbitration under s. 111.70 (4)
(cg)
(cm) 6. or (jm) or 111.77 (3). For the
7performance of commission actions under ss. 111.70 (4) (c)
1., 1m., 2.
, and 3.,
(cg) 3.,
84., and 6., (cm) 3.
and, 4.,
and 6., and (jm) and 111.77 (3), the commission shall require
9that the parties to the dispute equally share in the payment of the fee and, for the
10performance of commission actions involving a complaint alleging that a prohibited
11practice has been committed under s. 111.70 (3), the commission shall require that
12the party filing the complaint pay the entire fee. If any party has paid a filing fee
13requesting the commission to act as a mediator for a labor dispute and the parties
14do not enter into a voluntary settlement of the dispute, the commission may not
15subsequently assess or collect a filing fee to initiate fact-finding or arbitration to
16resolve the same labor dispute. If any request for the performance of commission
17actions concerns issues arising as a result of more than one unrelated event or
18occurrence, each such separate event or occurrence
shall be treated as is a separate
19request. The commission shall promulgate rules establishing a schedule of filing fees
20to be paid under this subsection. Fees required to be paid under this subsection shall
21be paid at the time of filing the complaint or the request for fact-finding, mediation
22or arbitration. A complaint or request for fact-finding, mediation or arbitration is
23not filed until the date
such the fee or fees are paid, except that the failure of the
24respondent party to pay the filing fee for having the commission initiate compulsory,
25final and binding arbitration under s. 111.70 (4)
(cg)
(cm) 6. or (jm) or 111.77 (3) may
1not prohibit the commission from initiating
such the arbitration. The commission
2may initiate collection proceedings against the respondent party for the payment of
3the filing fee. Fees collected under this subsection shall be credited to the
4appropriation account under s. 20.425 (1) (i).
SB558,164
5Section
164. 111.71 (4) of the statutes is created to read:
SB558,76,96
111.71
(4) The commission shall collect on a systematic basis information on
7the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually
8submit a report on the opinion to the chief clerk of each house of the legislature for
9distribution to the legislature under s. 13.172 (2).
SB558,165
10Section
165. 111.71 (4m) of the statutes is repealed.
SB558,166
11Section
166. 111.71 (5) of the statutes is created to read:
SB558,76,1912
111.71
(5) The commission shall, on a regular basis, provide training programs
13to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall
14promote the programs to and recruit participation throughout the state, including
15at least 10 residents of each congressional district. The commission may also provide
16training programs to individuals and organizations on other aspects of collective
17bargaining, including on areas of management and labor cooperation directly or
18indirectly affecting collective bargaining. The commission may charge a reasonable
19fee to participate in the programs.
SB558,167
20Section
167. 111.71 (5m) of the statutes is repealed.
SB558,168
21Section
168. 111.77 (intro.) of the statutes is amended to read:
SB558,77,2
22111.77 Settlement of disputes in collective bargaining units composed
23of law enforcement personnel and fire fighters. (intro.)
Municipal In fire
24departments and city and county law enforcement agencies municipal employers
25and
public safety employees, as provided in sub. (8), have the duty to bargain
1collectively in good faith including the duty to refrain from strikes or lockouts and
2to comply with the following:
SB558,169
3Section
169. 111.77 (8) (a) of the statutes is amended to read:
SB558,77,74
111.77
(8) (a) This section applies to
public safety employees who are law
5enforcement supervisors employed by a county having a population of 500,000 or
6more. For purposes of such application, the term "municipal employee" includes
7such a supervisor.
SB558,170
8Section
170. 111.77 (9) of the statutes is amended to read:
SB558,77,109
111.77
(9) Section 111.70 (4) (c) 3.
, (cg), and (cm) does not apply to employments
10covered by this section.
SB558,171
11Section
171. 111.80 of the statutes is created to read:
SB558,77,14
12111.80 Declaration of policy. The public policy of the state as to labor
13relations and collective bargaining in state employment, in the furtherance of which
14this subchapter is enacted, is as follows:
SB558,77,18
15(1) It recognizes that there are 3 major interests involved: that of the public,
16that of the employee, and that of the employer. These 3 interests are to a considerable
17extent interrelated. It is the policy of this state to protect and promote each of these
18interests with due regard to the situation and to the rights of the others.
SB558,78,3
19(2) Orderly and constructive employment relations for employees and the
20efficient administration of state government are promotive of all these interests.
21They are largely dependent upon the maintenance of fair, friendly, and mutually
22satisfactory employee management relations in state employment, and the
23availability of suitable machinery for fair and peaceful adjustment of whatever
24controversies may arise. It is recognized that whatever may be the rights of
25disputants with respect to each other in any controversy regarding state
1employment relations, neither party has any right to engage in acts or practices that
2jeopardize the public safety and interest and interfere with the effective conduct of
3public business.
SB558,78,9
4(3) Where permitted under this subchapter, negotiations of terms and
5conditions of state employment should result from voluntary agreement between the
6state and its agents as employer, and its employees. For that purpose an employee
7may, if the employee desires, associate with others in organizing and in bargaining
8collectively through representatives of the employee's own choosing without
9intimidations or coercion from any source.
SB558,78,16
10(4) It is the policy of this state, in order to preserve and promote the interests
11of the public, the employee, and the employer alike, to encourage the practices and
12procedures of collective bargaining in state employment subject to the requirements
13of the public service and related laws, rules, and policies governing state
14employment, by establishing standards of fair conduct in state employment
15relations, and by providing a convenient, expeditious, and impartial tribunal in
16which these interests may have their respective rights determined.
SB558,172
17Section
172. 111.81 (1) of the statutes is amended to read:
SB558,79,218
111.81
(1) "Collective bargaining" means the performance of the mutual
19obligation of the state as an employer, by its officers and agents, and the
20representatives of its employees, to meet and confer at reasonable times, in good
21faith, with respect to the subjects of bargaining provided in s. 111.91 (1)
, with respect
22to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3),
23with respect to general employees, with the intention of reaching an agreement, or
24to resolve questions arising under such an agreement. The duty to bargain, however,
25does not compel either party to agree to a proposal or require the making of a
1concession. Collective bargaining includes the reduction of any agreement reached
2to a written and signed document.
SB558,173
3Section
173. 111.81 (3h) of the statutes is created to read:
SB558,79,44
111.81
(3h) "Consumer" has the meaning given in s. 46.2898 (1) (cm).
SB558,174
5Section
174. 111.81 (3n) of the statutes is repealed.
SB558,175
6Section
175. 111.81 (7) (g) of the statutes is created to read:
SB558,79,97
111.81
(7) (g) For purposes of this subchapter only, home care providers. This
8paragraph does not make home care providers state employees for any other purpose
9except collective bargaining.
SB558,176
10Section
176. 111.81 (9) of the statutes is amended to read:
SB558,79,1611
111.81
(9) "Fair-share agreement" means an agreement between the employer
12and a labor organization representing
public safety employees
or supervisors
13specified in s. 111.825 (5) under which all of the
public safety employees
or
14supervisors in a collective bargaining unit are required to pay their proportionate
15share of the cost of the collective bargaining process and contract administration
16measured by the amount of dues uniformly required of all members.
SB558,177
17Section
177. 111.81 (9g) of the statutes is repealed.
SB558,178
18Section
178. 111.81 (9k) of the statutes is created to read:
SB558,79,2019
111.81
(9k) "Home care provider" means a qualified provider under s. 46.2898
20(1) (f).
SB558,179
21Section
179. 111.81 (12) (intro.) of the statutes is amended to read:
SB558,80,222
111.81
(12) (intro.) "Labor organization" means any employee organization
23whose purpose is to represent employees in collective bargaining with the employer,
24or its agents, on matters
that are subject to collective bargaining under s. 111.91 (1)
1or (3), whichever is applicable pertaining to terms and conditions of employment; but
2the term shall not include any organization:
SB558,180
3Section
180. 111.81 (12m) of the statutes is amended to read:
SB558,80,114
111.81
(12m) "Maintenance of membership agreement" means an agreement
5between the employer and a labor organization representing
public safety employees
6or supervisors specified in s. 111.825 (5) which requires that all of the
public safety
7employees
or supervisors whose dues are being deducted from earnings under s.
820.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to
9have dues deducted for the duration of the agreement, and that dues shall be
10deducted from the earnings of all
public safety employees
or supervisors who are
11hired on or after the effective date of the agreement.
SB558,181
12Section
181. 111.81 (16) of the statutes is amended to read:
SB558,80,1713
111.81
(16) "Referendum" means a proceeding conducted by the commission in
14which
public safety employees
, or supervisors specified in s. 111.825 (5), in a
15collective bargaining unit may cast a secret ballot on the question of directing the
16labor organization and the employer to enter into a fair-share or maintenance of
17membership agreement or to terminate such an agreement.
SB558,81,520
111.815
(1) (a) In the furtherance of this subchapter, the state shall be
21considered as a single employer and employment relations policies and practices
22throughout the state service shall be as consistent as practicable. The office shall
23negotiate and administer collective bargaining agreements
, except that the
24department of health services, subject to the approval of the federal centers for
25medicare and medicaid services to use collective bargaining as the method of setting
1rates for reimbursement of home care providers, shall negotiate and administer
2collective bargaining agreements entered into with the collective bargaining unit
3specified in s. 111.825 (2g). To coordinate the employer position in the negotiation
4of agreements, the office shall maintain close liaison with the legislature relative to
5the negotiation of agreements and the fiscal ramifications of those agreements.
SB558,81,11
6(b) 1. Except with respect to the collective bargaining unit specified in s.
7111.825 (1r), (1t),
and (2g), the office is responsible for the employer functions of the
8executive branch under this subchapter, and shall coordinate its collective
9bargaining activities with operating state agencies on matters of agency concern.
10The legislative branch shall act upon those portions of tentative agreements
11negotiated by the office that require legislative action.
SB558,81,14
122. With respect to the collective bargaining units specified in s. 111.825 (1r), the
13Board of Regents of the University of Wisconsin System is responsible for the
14employer functions under this subchapter.
SB558,81,17
153. With respect to the collective bargaining units specified in s. 111.825 (1t), the
16chancellor of the University of Wisconsin-Madison is responsible for the employer
17functions under this subchapter.
SB558,81,20
184. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef),
19the governing board of the charter school established by contract under s. 118.40 (2r)
20(cm) is responsible for the employer functions under this subchapter.
SB558,183
21Section
183. 111.815 (1) (b) 5. of the statutes is created to read:
SB558,81,2422
111.815
(1) (b) 5. With respect to the collective bargaining unit specified in s.
23111.825 (2g), the department of health services is responsible for the employer
24functions of the executive branch under this subchapter.
SB558,82,93
111.815
(2) The In the furtherance of the policy under s. 111.80 (4), the director
4of the office shall, together with the appointing authorities or their representatives,
5represent the state in its responsibility as an employer under this subchapter except
6with respect to negotiations in the collective bargaining
unit units specified in s.
7111.825 (1r)
, (1t)
, and (2g). The director of the office shall establish and maintain,
8wherever practicable, consistent employment relations policies and practices
9throughout the state service.
SB558,185
10Section
185. 111.82 of the statutes is amended to read:
SB558,82,17
11111.82 Rights of employees. Employees have the right of self-organization
12and the right to form, join, or assist labor organizations, to bargain collectively
13through representatives of their own choosing under this subchapter, and to engage
14in lawful, concerted activities for the purpose of collective bargaining or other mutual
15aid or protection. Employees also have the right to refrain from any or all of such
16activities.
A general employee has the right to refrain from paying dues while
17remaining a member of a collective bargaining unit.
SB558,186
18Section
186. 111.825 (1) (g) of the statutes is repealed.
SB558,187
19Section
187. 111.825 (2g) of the statutes is created to read:
SB558,82,2120
111.825
(2g) A collective bargaining unit for employees who are home care
21providers shall be structured as a single statewide collective bargaining unit.
SB558,82,2524
111.825
(3) The commission shall assign employees to the appropriate
25collective bargaining units set forth in subs. (1)
, (1r), (1t),
and (2)
, and (2g).
SB558,83,103
111.825
(4) Any labor organization may petition for recognition as the exclusive
4representative of a collective bargaining unit specified in sub. (1)
, (1r), (1t),
or (2)
, or
5(2g) in accordance with the election procedures set forth in s. 111.83, provided the
6petition is accompanied by a 30% showing of interest in the form of signed
7authorization cards. Each additional labor organization seeking to appear on the
8ballot shall file petitions within 60 days of the date of filing of the original petition
9and prove, through signed authorization cards, that at least 10% of the employees
10in the collective bargaining unit want it to be their representative.
SB558,190
11Section
190. 111.825 (5) of the statutes is amended to read:
SB558,83,2312
111.825
(5) Although supervisors are not considered employees for purposes
13of this subchapter, the commission may consider a petition for a statewide collective
14bargaining unit of professional supervisors or a statewide unit of nonprofessional
15supervisors in the classified service, but the representative of supervisors may not
16be affiliated with any labor organization representing employees. For purposes of
17this subsection, affiliation does not include membership in a national, state, county
18or municipal federation of national or international labor organizations. The
19certified representative of supervisors
who are not public safety employees may not
20bargain collectively with respect to any matter other than wages
and fringe benefits
21as provided in
s. 111.91 (3), and the certified representative of supervisors who are
22public safety employees may not bargain collectively with respect to any matter other
23than wages and fringe benefits as provided in s. 111.91 (1).
SB558,192
1Section
192. 111.825 (6) (b) of the statutes is repealed.
SB558,193
2Section
193. 111.83 (1) of the statutes is amended to read:
SB558,84,133
111.83
(1) Except as provided in
sub.
subs. (5)
and (5m), a representative
4chosen for the purposes of collective bargaining by a majority of the employees voting
5in a collective bargaining unit shall be the exclusive representative of all of the
6employees in such unit for the purposes of collective bargaining. Any individual
7employee, or any minority group of employees in any collective bargaining unit, may
8present grievances to the employer in person, or through representatives of their own
9choosing, and the employer shall confer with said employee or group of employees in
10relation thereto if the majority representative has been afforded the opportunity to
11be present at the conference. Any adjustment resulting from such a conference may
12not be inconsistent with the conditions of employment established by the majority
13representative and the employer.
SB558,194
14Section
194. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
SB558,195
15Section
195. 111.83 (3) (b) of the statutes is repealed.
SB558,196
16Section
196. 111.83 (4) of the statutes is amended to read:
SB558,84,2517
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
18the name of more than one proposed representative appears on the ballot and results
19in no conclusion, the commission may, if requested by any party to the proceeding
20within 30 days from the date of the certification of the results of the election, conduct
21a runoff election. In that runoff election, the commission shall drop from the ballot
22the name of the representative who received the least number of votes at the original
23election. The commission shall drop from the ballot the privilege of voting against
24any representative if the least number of votes cast at the first election was against
25representation by any named representative.
SB558,197
1Section
197. 111.83 (5m) of the statutes is created to read:
SB558,85,32
111.83
(5m) (a) This subsection applies only to a collective bargaining unit
3specified in s. 111.825 (2g).
SB558,85,64
(am) 1. Subject to subd. 2., the department of health services shall provide a
5labor organization with the list of home care providers provided to the department
6of health services under s. 52.20 (5) if any of the following applies: