Under current law, representatives for most municipal and state employee
bargaining units must be selected by at least 51 percent of the employees in the
bargaining unit. The bill changes that requirement to a simple majority of the
employees voting in the collective bargaining unit.
Finally, under current law, representatives for most municipal and state
employee bargaining units must be certified annually by receiving at least 51 percent
of the vote of the employees in the bargaining unit. The bill repeals this certification
requirement.
For further information see the state and 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:
AB614,1 4Section 1 . 20.425 (1) (i) of the statutes is amended to read:
AB614,3,95 20.425 (1) (i) Fees, collective bargaining training, publications, and appeals.
6The amounts in the schedule for the performance of fact-finding, mediation,
7certification, and arbitration functions, for the provision of copies of transcripts, for
8the cost of operating training programs under ss. 111.09 (3), 111.71 (5m) (5), and

1111.94 (3), for the preparation of publications, transcripts, reports, and other copied
2material, and for costs related to conducting appeals under s. 230.45. All moneys
3received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3)
4(b), 111.94 (1) and (2), and 230.45 (3), all moneys received from arbitrators and
5arbitration panel members, and individuals who are interested in serving in such
6positions, and from individuals and organizations who participate in other collective
7bargaining training programs conducted by the commission, and all moneys received
8from the sale of publications, transcripts, reports, and other copied material shall be
9credited to this appropriation account.
AB614,2 10Section 2. 66.0506 of the statutes is repealed.
AB614,3 11Section 3. 66.0508 of the statutes is repealed.
AB614,4 12Section 4. 66.0509 (1m) of the statutes is repealed.
AB614,5 13Section 5. 73.03 (68) of the statutes is repealed.
AB614,6 14Section 6. 111.70 (1) (a) of the statutes is amended to read:
AB614,4,415 111.70 (1) (a) “Collective bargaining" means the performance of the mutual
16obligation of a municipal employer, through its officers and agents, and the
17representative of its municipal employees in a collective bargaining unit, to meet and
18confer at reasonable times, in good faith, with the intention of reaching an
19agreement, or to resolve questions arising under such an agreement, with respect to
20wages, hours, and conditions of employment for public safety employees or transit
21employees and with respect to wages for general municipal employees
, and with
22respect to a requirement of the municipal employer for a municipal employee to
23perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
24(2e) and for a school district with respect to any matter under sub. (4) (n), except as
25provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal

1employer shall not meet and confer with respect to any proposal to diminish or
2abridge the rights guaranteed to any public safety employees under ch. 164.
3Collective bargaining includes the reduction of any agreement reached to a written
4and signed document.
AB614,7 5Section 7. 111.70 (1) (cm) of the statutes is repealed.
AB614,8 6Section 8 . 111.70 (3) (a) 5. of the statutes is amended to read:
AB614,4,157 111.70 (3) (a) 5. To violate any collective bargaining agreement previously
8agreed upon by the parties with respect to wages, hours, and conditions of
9employment affecting public safety employees or transit municipal employees,
10including an agreement to arbitrate questions arising as to the meaning or
11application of the terms of a collective bargaining agreement or to accept the terms
12of such arbitration award, where previously the parties have agreed to accept such
13award as final and binding upon them or to violate any collective bargaining
14agreement affecting general municipal employees, that was previously agreed upon
15by the parties with respect to wages
.
AB614,9 16Section 9 . 111.70 (3) (a) 7. of the statutes is created to read:
AB614,4,1817 111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
18lawfully made under sub. (4) (cm).
AB614,10 19Section 10 . 111.70 (3) (a) 7m. of the statutes is repealed.
AB614,11 20Section 11 . 111.70 (3) (b) 6. of the statutes is created to read:
AB614,4,2221 111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
22lawfully made under sub. (4) (cm).
AB614,12 23Section 12 . 111.70 (3) (b) 6m. of the statutes is repealed.
AB614,13 24Section 13 . 111.70 (4) (c) (title) of the statutes is amended to read:
AB614,5,2
1111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety
2employees
law enforcement and fire fighting personnel.
AB614,14 3Section 14 . 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m. and
4amended to read:
AB614,5,105 111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in
6labor disputes involving a collective bargaining unit containing a public safety
7employee
. Such mediation may be carried on by a person designated to act by the
8commission upon request of one or both of the parties or upon initiation of the
9commission. The function of the mediator is to encourage voluntary settlement by
10the parties but no mediator has the power of compulsion.
AB614,15 11Section 15 . 111.70 (4) (c) 1g. of the statutes is created to read:
AB614,5,1312 111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal
13employees who are engaged in law enforcement or fire fighting functions.
AB614,16 14Section 16 . 111.70 (4) (c) 2. of the statutes is amended to read:
AB614,5,1915 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
16or application of the terms of a written collective bargaining agreement involving a
17collective bargaining unit containing a public safety employee
may agree in writing
18to have the commission or any other appropriate agency serve as arbitrator or may
19designate any other competent, impartial and disinterested person to so serve.
AB614,17 20Section 17 . 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
AB614,6,321 111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
22involving a collective bargaining unit containing a public safety employee has not
23been settled after a reasonable period of negotiation and after the settlement
24procedures, if any, established by the parties have been exhausted, and the parties
25are deadlocked with respect to any dispute between them arising in the collective

1bargaining process, either party, or the parties jointly, may petition the commission,
2in writing, to initiate fact-finding, and to make recommendations to resolve the
3deadlock, as follows:
AB614,18 4Section 18 . 111.70 (4) (cg) of the statutes is repealed.
AB614,19 5Section 19 . 111.70 (4) (cm) (title) of the statutes is amended to read:
AB614,6,76 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general
7municipal employees
other personnel .
AB614,20 8Section 20 . 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm) 1m.
9and amended to read:
AB614,6,2010 111.70 (4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
11purpose of advising the commission of the commencement of contract negotiations
12involving a collective bargaining unit containing general municipal employees,
13whenever either party requests the other to reopen negotiations under a binding
14collective bargaining agreement, or the parties otherwise commence negotiations if
15no such agreement exists, the party requesting negotiations shall immediately notify
16the commission in writing. Upon failure of the requesting party to provide such
17notice, the other party may so notify the commission. The notice shall specify the
18expiration date of the existing collective bargaining agreement, if any, and shall set
19forth any additional information the commission may require on a form provided by
20the commission.
AB614,21 21Section 21 . 111.70 (4) (cm) 1g. of the statutes is created to read:
AB614,6,2322 111.70 (4) (cm) 1g. `Application.' a. Chapter 788 does not apply to arbitration
23proceedings under this paragraph.
AB614,6,2524 b. This paragraph does not apply to labor disputes involving municipal
25employees who are engaged in law enforcement or fire fighting functions.
AB614,22
1Section 22. 111.70 (4) (cm) 2., 3. and 4. of the statutes are amended to read:
AB614,7,92 111.70 (4) (cm) 2. `Presentation of initial proposals; open meetings.' The
3meetings between parties to a collective bargaining agreement or proposed collective
4bargaining agreement under this subchapter that involve a collective bargaining
5unit containing a general municipal employee and that
are held for the purpose of
6presenting initial bargaining proposals, along with supporting rationale, shall be are
7open to the public. Each party shall submit its initial bargaining proposals to the
8other party in writing. Failure to comply with this subdivision is not cause to
9invalidate a collective bargaining agreement under this subchapter.
AB614,7,1410 3. `Mediation.' The commission or its designee shall function as mediator in
11labor disputes involving general municipal employees upon request of one or both of
12the parties, or upon initiation of the commission. The function of the mediator shall
13be to encourage voluntary settlement by the parties. No mediator has the power of
14compulsion.
AB614,7,2015 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
16application of the terms of a written collective bargaining agreement involving a
17collective bargaining unit containing a general municipal employee
may agree in
18writing to have the commission or any other appropriate agency serve as arbitrator
19or may designate any other competent, impartial and disinterested person to so
20serve.
AB614,23 21Section 23 . 111.70 (4) (cm) 5. of the statutes is created to read:
AB614,8,722 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
23other impasse resolution procedures provided in this paragraph, a municipal
24employer and labor organization may, as a permissive subject of bargaining, agree
25in writing to a dispute settlement procedure, including binding interest arbitration,

1that is acceptable to the parties for resolving an impasse over terms of any collective
2bargaining agreement under this subchapter. The parties shall file a copy of the
3agreement with the commission. If the parties agree to any form of binding interest
4arbitration, the arbitrator shall give weight to the factors enumerated under subds.
57. and 7g. for a collective bargaining unit consisting of municipal employees who are
6not school district employees and under subd. 7r. for a collective bargaining unit
7consisting of municipal employees.
AB614,24 8Section 24 . 111.70 (4) (cm) 6. of the statutes is created to read:
AB614,8,239 111.70 (4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
10a dispute relating to any issue has not been settled after a reasonable period of
11negotiation and after mediation by the commission under subd. 3. and other
12settlement procedures, if any, established by the parties have been exhausted, and
13the parties are deadlocked with respect to any dispute between them over wages,
14hours, or conditions of employment to be included in a new collective bargaining
15agreement, either party, or the parties jointly, may petition the commission, in
16writing, to initiate compulsory, final, and binding arbitration, as provided in this
17paragraph. At the time the petition is filed, the petitioning party shall submit in
18writing to the other party and the commission its preliminary final offer containing
19its latest proposals on all issues in dispute. Within 14 calendar days after the date
20of that submission, the other party shall submit in writing its preliminary final offer
21on all disputed issues to the petitioning party and the commission. If a petition is
22filed jointly, both parties shall exchange their preliminary final offers in writing and
23submit copies to the commission at the time the petition is filed.
AB614,9,2524 am. Upon receipt of a petition to initiate arbitration, the commission shall
25investigate, with or without a formal hearing, whether arbitration should be

1commenced. If in determining whether an impasse exists the commission finds that
2the procedures under this paragraph have not been complied with and that the
3compliance would tend to result in a settlement, it may order compliance before
4ordering arbitration. The validity of any arbitration award or collective bargaining
5agreement is not affected by failure to comply with the procedures. Prior to the close
6of the investigation, each party shall submit in writing to the commission its single
7final offer containing its final proposals on all issues in dispute that are subject to
8interest arbitration under this subdivision. If a party fails to submit a single final
9offer, the commission shall close the investigation based on the last written position
10of the party. Such final offers may include only mandatory subjects of bargaining,
11except that a permissive subject of bargaining may be included by a party if the other
12party does not object and shall then be treated as a mandatory subject. The parties
13shall also submit to the commission a written stipulation with respect to all matters
14that are agreed upon for inclusion in the new or amended collective bargaining
15agreement. The commission, after receiving a report from its investigator and
16determining that arbitration should be commenced, shall issue an order requiring
17arbitration and immediately submit to the parties a list of 7 arbitrators. The parties
18shall alternately strike names from the list until a single name is left, who shall be
19appointed as arbitrator. The petitioning party shall notify the commission in writing
20of the identity of the arbitrator selected. Upon receipt of the notice, the commission
21shall formally appoint the arbitrator and submit to him or her the final offers of the
22parties. The final offers are public documents and the commission shall make them
23available. In lieu of a single arbitrator and upon request of both parties, the
24commission shall appoint a tripartite arbitration panel consisting of one member
25selected by each of the parties and a neutral person designated by the commission

1who shall serve as a chairperson. An arbitration panel has the same powers and
2duties as provided in this section for any other appointed arbitrator, and all
3arbitration decisions by a panel shall be determined by majority vote. In place of
4selection of the arbitrator by the parties and upon request of both parties, the
5commission shall establish a procedure for randomly selecting names of arbitrators.
6Under the procedure, the commission shall submit a list of 7 arbitrators to the
7parties. Each party shall strike one name from the list. From the remaining 5
8names, the commission shall randomly appoint an arbitrator. Unless both parties
9to an arbitration proceeding otherwise agree in writing, every individual whose
10name is submitted by the commission for appointment as an arbitrator must be a
11resident of this state at the time of submission and every individual who is
12designated as an arbitration panel chairperson must be a resident of this state at the
13time of designation.
AB614,10,2414 b. The arbitrator shall, within 10 days of his or her appointment, establish a
15date and place for the arbitration hearing. Upon petition of at least 5 citizens of the
16jurisdiction served by the municipal employer, filed within 10 days after the date on
17which the arbitrator is appointed, the arbitrator shall hold a public hearing in the
18jurisdiction to provide the opportunity to both parties to explain or present
19supporting arguments for their positions and to members of the public to offer their
20comments and suggestions. The final offers of the parties, as transmitted by the
21commission to the arbitrator, are the basis for any continued negotiations between
22the parties with respect to the issues in dispute. At any time prior to the arbitration
23hearing, either party, with the consent of the other party, may modify its final offer
24in writing.
AB614,11,10
1c. Prior to the arbitration hearing, either party may, within a time limit
2established by the arbitrator, withdraw its final offer and any mutually agreed upon
3modifications and shall immediately provide written notice of any withdrawal to the
4other party, the arbitrator, and the commission. If both parties withdraw their final
5offers and mutually agreed upon modifications, the labor organization, after giving
610 days' written notice to the municipal employer and the commission, may strike.
7Unless both parties withdraw their final offers and mutually agreed upon
8modifications, the final offer of neither party is considered withdrawn and the
9arbitrator shall proceed to resolve the dispute by final and binding arbitration as
10provided in this paragraph.
AB614,11,2211 d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
12her own motion or at the request of either party, conduct a meeting open to the public
13to provide to both parties the opportunity to explain or present supporting
14arguments for their complete offer on all matters to be covered by the proposed
15agreement. The arbitrator shall adopt without modification the final offer of one of
16the parties on all disputed issues submitted under subd. 6. am., except those items
17that the commission determines not to be mandatory subjects of bargaining and
18those items that have not been treated as mandatory subjects by the parties, and
19including any prior modifications of the offer mutually agreed upon by the parties
20under subd. 6. b. The decision is final and binding on both parties and shall be
21incorporated into a written collective bargaining agreement. The arbitrator shall
22serve a copy of his or her decision on both parties and the commission.
AB614,11,2423 e. Arbitration proceedings may not be interrupted or terminated by reason of
24any prohibited practice complaint filed by either party at any time.
AB614,12,2
1f. The parties shall equally divide the costs of arbitration. The arbitrator shall
2submit a statement of his or her costs to both parties and to the commission.
AB614,12,103 g. If a question arises as to whether any proposal made in negotiations by either
4party is a mandatory, permissive, or prohibited subject of bargaining, the
5commission shall determine the issue under par. (b). If either party to the dispute
6petitions the commission for a declaratory ruling under par. (b), the proceedings
7under subd. 6. c. and d. may not occur until the commission renders a decision in the
8matter and the decision is final. The arbitrator's award shall be made in accordance
9with the commission's ruling, subject to automatic amendment by any subsequent
10court reversal.
AB614,25 11Section 25 . 111.70 (4) (cm) 7. of the statutes is created to read:
AB614,12,1912 111.70 (4) (cm) 7. `Factor given greatest weight.' In making any decision under
13the arbitration procedures authorized by this paragraph, except for any decision
14involving a collective bargaining unit consisting of school district employees, the
15arbitrator or arbitration panel shall give the greatest weight to any state law or
16directive lawfully issued by a state legislative or administrative officer, body, or
17agency that limits expenditures that may be made or revenues that may be collected
18by a municipal employer. The arbitrator or arbitration panel shall give an
19accounting of the consideration of this factor in the decision.
AB614,26 20Section 26 . 111.70 (4) (cm) 7g. of the statutes is created to read:
AB614,13,221 111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under
22the arbitration procedures authorized by this paragraph, except for any decision
23involving a collective bargaining unit consisting of school district employees, the
24arbitrator or arbitration panel shall give greater weight to economic conditions in the

1jurisdiction of the municipal employer than to any of the factors specified in subd.
27r.
AB614,27 3Section 27 . 111.70 (4) (cm) 7r. of the statutes is created to read:
AB614,13,64 111.70 (4) (cm) 7r. `Other factors considered.' In making any decision under the
5arbitration procedures authorized by this paragraph, the arbitrator or arbitration
6panel shall give weight to the following factors:
AB614,13,77 a. The lawful authority of the municipal employer.
AB614,13,88 b. Stipulations of the parties.
AB614,13,109 c. The interests and welfare of the public and the financial ability of the unit
10of government to meet the costs of any proposed settlement.
AB614,13,1311 d. Comparison of wages, hours, and conditions of employment of the municipal
12employees involved in the arbitration proceedings with the wages, hours, and
13conditions of employment of other employees performing similar services.
AB614,13,1714 e. Comparison of the wages, hours, and conditions of employment of the
15municipal employees involved in the arbitration proceedings with the wages, hours,
16and conditions of employment of other employees generally in public employment in
17the same community and in comparable communities.
AB614,13,2118 f. Comparison of the wages, hours, and conditions of employment of the
19municipal employees involved in the arbitration proceedings with the wages, hours,
20and conditions of employment of other employees in private employment in the same
21community and in comparable communities.
AB614,13,2322 g. The average consumer prices for goods and services, commonly known as the
23cost of living.
AB614,14,224 h. The overall compensation presently received by the municipal employees,
25including direct wage compensation, vacation, holidays and excused time, insurance

1and pensions, medical and hospitalization benefits, the continuity and stability of
2employment, and all other benefits received.
AB614,14,43 i. Changes in any of the foregoing circumstances during the pendency of the
4arbitration proceedings.
AB614,14,95 j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
6taken into consideration in the determination of wages, hours, and conditions of
7employment through voluntary collective bargaining, mediation, fact-finding,
8arbitration, or otherwise between the parties, in the public service, or in private
9employment.
AB614,28 10Section 28 . 111.70 (4) (cm) 8. of the statutes is created to read:
AB614,14,1311 111.70 (4) (cm) 8. `Rule making.' The commission shall adopt rules for the
12conduct of all arbitration proceedings under subd. 6., including rules for all of the
13following:
AB614,14,1514 a. The appointment of tripartite arbitration panels when requested by the
15parties.
AB614,14,1716 b. The expeditious rendering of arbitration decisions, such as waivers of briefs
17and transcripts.
AB614,14,1918 c. The removal of individuals who have repeatedly failed to issue timely
19decisions from the commission's list of qualified arbitrators.
AB614,14,2020 d. Proceedings for the enforcement of arbitration decisions.
AB614,29 21Section 29 . 111.70 (4) (cm) 8m. of the statutes is amended to read:
AB614,15,1222 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
23the initial collective bargaining agreement between the parties and except as the
24parties otherwise agree
, every collective bargaining agreement covering general
25municipal employees subject to this paragraph shall be for a term of one year and

1may not be extended
2 years, but in no case may a collective bargaining agreement
2for any collective bargaining unit consisting of municipal employees subject to this
3paragraph other than school district employees be for a term exceeding 3 years nor
4may a collective bargaining agreement for any collective bargaining unit consisting
5of school district employees subject to this paragraph be for a term exceeding 4 years
.
6No arbitration award may contain a provision for reopening of negotiations during
7the term of a
collective bargaining agreement covering general municipal employees
8may be reopened for negotiations
unless both parties agree to reopen the collective
9bargaining agreement. The requirement for agreement by both parties does not
10apply to a provision for reopening of negotiations with respect to any portion of an
11agreement that is declared invalid by a court or administrative agency or rendered
12invalid by the enactment of a law or promulgation of a federal regulation.
AB614,30 13Section 30 . 111.70 (4) (d) 1. of the statutes is amended to read:
AB614,16,314 111.70 (4) (d) 1. A representative chosen for the purposes of collective
15bargaining by a majority of the public safety employees or transit municipal
16employees voting in a collective bargaining unit shall be the exclusive representative
17of all employees in the unit for the purpose of collective bargaining. A representative
18chosen for the purposes of collective bargaining by at least 51 percent of the general
19municipal employees in a collective bargaining unit shall be the exclusive
20representative of all employees in the unit for the purpose of collective bargaining.

21Any individual employee, or any minority group of employees in any collective
22bargaining unit, shall have the right to present grievances to the municipal employer
23in person or through representatives of their own choosing, and the municipal
24employer shall confer with the employee in relation thereto, if the majority
25representative has been afforded the opportunity to be present at the conferences.

1Any adjustment resulting from these conferences may not be inconsistent with the
2conditions of employment established by the majority representative and the
3municipal employer.
AB614,31 4Section 31 . 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB614,17,95 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
6bargaining unit for the purpose of collective bargaining and shall whenever possible
7avoid fragmentation by maintaining as few collective bargaining units as practicable
8in keeping with the size of the total municipal workforce. The commission may
9decide whether, in a particular case, the municipal employees in the same or several
10departments, divisions, institutions, crafts, professions, or other occupational
11groupings constitute a collective bargaining unit. Before making its determination,
12the commission may provide an opportunity for the municipal employees concerned
13to determine, by secret ballot, whether they desire to be established as a separate
14collective bargaining unit. The commission may not decide, however, that any group
15of municipal employees constitutes an appropriate collective bargaining unit if the
16group includes both professional employees and nonprofessional employees, unless
17a majority of the professional employees vote for inclusion in the unit. The
18commission may not decide that any group of municipal employees constitutes an
19appropriate collective bargaining unit if the group includes both school district
20employees and general municipal employees who are not school district employees.
21The commission may not decide that any group of municipal employees constitutes
22an appropriate collective bargaining unit if the group includes both public safety
23employees and general municipal employees, if the group includes both transit
24employees and general municipal employees, or if the group includes both transit
25employees and public safety employees.
The commission may not decide that any

1group of municipal employees constitutes an appropriate collective bargaining unit
2if the group includes both craft employees and noncraft employees unless a majority
3of the craft employees vote for inclusion in the unit. The commission shall place the
4professional employees who are assigned to perform any services at a charter school,
5as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
6includes any other professional employees whenever at least 30 percent of those
7professional employees request an election to be held to determine that issue and a
8majority of the professional employees at the charter school who cast votes in the
9election decide to be represented in a separate collective bargaining unit.
AB614,32 10Section 32. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
11renumbered 111.70 (4) (d) 3.
AB614,33 12Section 33 . 111.70 (4) (d) 3. b. of the statutes is repealed.
AB614,34 13Section 34. 111.70 (4) (mb) of the statutes is repealed.
AB614,35 14Section 35. 111.70 (4) (mbb) of the statutes is repealed.
AB614,36 15Section 36 . 111.70 (4) (n) of the statutes is created to read:
AB614,17,1916 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition
17to any subject of bargaining on which the municipal employer is required to bargain
18under sub. (1) (a), the municipal employer is required to bargain collectively with
19respect to all of the following:
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