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:
SB558,85,97
a. The labor organization demonstrates a showing of interest of at least 3
8percent of home care providers included in the collective bargaining unit under s.
9111.825 (2g) to be represented by that labor organization.
SB558,85,1110
b. The labor organization is a certified representative of any home care
11providers in this state.
SB558,85,1312
c. The labor organization was a certified representative of any home care
13providers in this state prior to July 1, 2009.
SB558,85,1614
2. A labor organization shall agree to use any list it receives under subd. 1. only
15for communicating with home care providers concerning the exercise of their rights
16under s. 111.82 and shall agree to keep the list confidential.
SB558,86,217
(b) Upon the filing of a petition with the commission indicating a showing of
18interest of at least 30 percent of the home care providers included in the collective
19bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to
20change the existing representative, the commission shall hold an election in which
21the home care providers may vote on the question of representation. The labor
22organization named in the petition shall be included on the ballot. Within 60 days
23of the time that the petition is filed, another petition may be filed with the
24commission indicating a showing of interest of at least 10 percent of the home care
25providers who are included in the collective bargaining unit under s. 111.825 (2g) to
1be represented by another labor organization, in which case the name of that labor
2organization shall also be included on the ballot.
SB558,86,83
(c) If at an election held under par. (b), a majority of home care providers voting
4in the collective bargaining unit vote for a single labor organization, the labor
5organization shall be the exclusive representative for all home care providers in that
6collective bargaining unit. If no single labor organization receives a majority of the
7votes cast, the commission may hold one or more runoff elections under sub. (4) until
8one labor organization receives a majority of the votes cast.
SB558,198
9Section
198. 111.84 (1) (b) of the statutes is amended to read:
SB558,87,210
111.84
(1) (b) Except as otherwise provided in this paragraph, to initiate,
11create, dominate or interfere with the formation or administration of any labor or
12employee organization or contribute financial support to it. Except as provided in
13ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
14retirement system under ch. 40 and no action by the employer that is authorized by
15such a law constitutes a violation of this paragraph unless an applicable collective
16bargaining agreement
covering a collective bargaining unit under s. 111.825 (1) (g) 17specifically prohibits the change or action. No such change or action affects the
18continuing duty to bargain collectively
with a collective bargaining unit under s.
19111.825 (1) (g) regarding the Wisconsin retirement system under ch. 40 to the extent
20required by s. 111.91
(1). It is not an unfair labor practice for the employer to
21reimburse an employee at his or her prevailing wage rate for the time spent during
22the employee's regularly scheduled hours conferring with the employer's officers or
23agents and for attendance at commission or court hearings necessary for the
24administration of this subchapter. Professional supervisory or craft personnel may
25maintain membership in professional or craft organizations; however, as members
1of such organizations they shall be prohibited from those activities related to
2collective bargaining in which the organizations may engage.
SB558,199
3Section
199. 111.84 (1) (d) of the statutes is amended to read:
SB558,87,134
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
5(1)
or (3), whichever is appropriate, with a representative of a majority of its
6employees in an appropriate collective bargaining unit. Where the employer has a
7good faith doubt as to whether a labor organization claiming the support of a majority
8of its employees in appropriate collective bargaining unit does in fact have that
9support, it may file with the commission a petition requesting an election as to that
10claim. It is not deemed to have refused to bargain until an election has been held and
11the results thereof certified to it by the commission. A violation of this paragraph
12includes, but is not limited to, the refusal to execute a collective bargaining
13agreement previously orally agreed upon.
SB558,200
14Section
200. 111.84 (1) (f) of the statutes is amended to read:
SB558,87,2315
111.84
(1) (f) To deduct labor organization dues from
the an employee's 16earnings
of a public safety employee, unless the employer has been presented with
17an individual order therefor, signed by the
public safety employee personally, and
18terminable by at least the end of any year of its life or earlier by the
public safety
19employee giving at least 30 but not more than 120 days' written notice of such
20termination to the employer and to the representative labor organization, except if
21there is a fair-share or maintenance of membership agreement in effect. The
22employer shall give notice to the labor organization of receipt of such notice of
23termination.
SB558,88,8
1111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
2(1)
or (3), whichever is appropriate, with the duly authorized officer or agent of the
3employer which is the recognized or certified exclusive collective bargaining
4representative of employees specified in s. 111.81 (7) (a) in an appropriate collective
5bargaining unit or with the certified exclusive collective bargaining representative
6of employees specified in s. 111.81 (7) (ar) to
(f)
(g) in an appropriate collective
7bargaining unit. Such refusal to bargain shall include, but not be limited to, the
8refusal to execute a collective bargaining agreement previously orally agreed upon.
SB558,202
9Section
202. 111.84 (3) of the statutes is amended to read:
SB558,88,1310
111.84
(3) It is an unfair labor practice for any person to do or cause to be done
11on behalf of or in the interest of employers or employees, or in connection with or to
12influence the outcome of any controversy as to employment relations, any act
13prohibited by
sub. subs. (1)
or and (2).
SB558,203
14Section
203. 111.845 of the statutes is repealed.
SB558,204
15Section
204. 111.85 (1), (2) and (4) of the statutes are amended to read:
SB558,88,2416
111.85
(1) (a) No fair-share or maintenance of membership agreement
17covering public safety employees may become is effective unless authorized by a
18referendum. The commission shall order a referendum whenever it receives a
19petition supported by proof that at least
30% 30 percent of the
public safety 20employees
or supervisors specified in s. 111.825 (5) in a collective bargaining unit
21desire that a fair-share or maintenance of membership agreement be entered into
22between the employer and a labor organization. A petition may specify that a
23referendum is requested on a maintenance of membership agreement only, in which
24case the ballot shall be limited to that question.
SB558,89,8
1(b) For a fair-share agreement to be authorized, at least two-thirds of the
2eligible
public safety employees
or supervisors voting in a referendum shall vote in
3favor of the agreement. For a maintenance of membership agreement to be
4authorized, at least a majority of the eligible
public safety employees
or supervisors 5voting in a referendum
shall must vote in favor of the agreement. In a referendum
6on a fair-share agreement, if less than two-thirds but more than one-half of the
7eligible
public safety employees
or supervisors vote in favor of the agreement, a
8maintenance of membership agreement is authorized.
SB558,89,229
(c) If a fair-share or maintenance of membership agreement is authorized in
10a referendum, the employer shall enter into such an agreement with the labor
11organization named on the ballot in the referendum. Each fair-share or
12maintenance of membership agreement shall
contain a provision requiring require 13the employer to deduct the amount of dues as certified by the labor organization from
14the earnings of the
public safety employees
or supervisors affected by the agreement
15and to pay the amount
so deducted to the labor organization. Unless the parties
16agree to an earlier date, the agreement
shall take
takes effect 60 days after
17certification by the commission that the referendum vote authorized the agreement.
18The employer shall be held harmless against any claims, demands, suits and other
19forms of liability made by
public safety employees
or supervisors or local labor
20organizations which may arise for actions
taken by the employer
takes in compliance
21with this section. All such lawful claims, demands, suits
, and other forms of liability
22are the responsibility of the labor organization entering into the agreement.
SB558,90,423
(d) Under each fair-share or maintenance of membership agreement,
a public
24safety an employee
or supervisor who has religious convictions against dues
25payments to a labor organization based on teachings or tenets of a church or religious
1body of which he or she is a member
shall, on
may request
to the labor organization
,
2have to pay his or her dues
paid to a charity mutually agreed upon by the
public
3safety employee
or supervisor and the labor organization. Any dispute
concerning 4under this paragraph may be submitted to the commission for adjudication.
SB558,90,20
5(2) (a) Once authorized, a fair-share or maintenance of membership
6agreement
covering public safety employees shall continue is in effect, subject to the
7right of the employer or labor organization concerned to petition the commission to
8conduct a new referendum. Such petition must be supported by proof that at least
930% 30 percent of the
public safety employees
or supervisors in the collective
10bargaining unit desire that the fair-share or maintenance of membership agreement
11be discontinued. Upon so finding, the commission shall conduct a new referendum.
12If the continuance of the fair-share or maintenance of membership agreement is
13approved in the referendum by at least the percentage of eligible voting
public safety
14employees
or supervisors required for its initial authorization, it shall be continued
15in effect, subject to the right of the employer or labor organization to later initiate a
16further vote following the procedure prescribed in this subsection. If the
17continuation of the agreement is not supported in any referendum, it
is deemed
18terminated terminates at the termination of the collective bargaining agreement, or
19one year from the date of the certification of the result of the referendum, whichever
20is earlier.
SB558,91,421
(b) The commission shall
declare suspend any fair-share or maintenance of
22membership agreement
suspended upon such conditions and for such time as the
23commission decides whenever it finds that the labor organization involved has
24refused on the basis of race, color, sexual orientation
, or creed to receive as a member
25any
public safety employee
or supervisor in the collective bargaining unit involved,
1and the agreement shall be made subject to the findings and orders of the
2commission. Any of the parties to the agreement, or any
public safety employee
or
3supervisor covered thereby, may come before the commission, as provided in s.
4111.07, and petition the commission to make such a finding.
SB558,91,7
5(4) The commission may, under rules adopted for that purpose, appoint as its
6agent an official of a state agency whose
public safety employees are entitled to vote
7in a referendum to conduct a referendum provided for herein.
SB558,205
8Section
205. 111.905 of the statutes is created to read:
SB558,91,11
9111.905 Rights of consumer. (1) This subchapter does not interfere with the
10rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise,
11or discipline home care providers or to set conditions and duties of employment.