AB687: Bill Text

AB687,32,14 (fm) Faculty of the University of Wisconsin-River Falls.

AB687,32,15 (g) Faculty of the University of Wisconsin-Stevens Point.

AB687,32,16 (gm) Faculty of the University of Wisconsin-Stout.

AB687,32,17 (h) Faculty of the University of Wisconsin-Superior.

AB687,32,18 (hm) Faculty of the University of Wisconsin-Whitewater.

AB687,32,19 (j) Academic staff of the University of Wisconsin-Madison.

AB687,32,21 (jk) Academic staff employed at the University of Wisconsin System administration.

AB687,32,22 (jm) Academic staff of the University of Wisconsin-Milwaukee.

AB687,32,23 (k) Academic staff of the University of Wisconsin-Eau Claire.

AB687,32,24 (L) Academic staff of the University of Wisconsin-Green Bay.

AB687,32,25 (Lm) Academic staff of the University of Wisconsin-La Crosse.

AB687,33,1 (n) Academic staff of the University of Wisconsin-Oshkosh.

AB687,33,2 (nm) Academic staff of the University of Wisconsin-Parkside.

AB687,33,3 (o) Academic staff of the University of Wisconsin-Platteville.

AB687,33,4 (om) Academic staff of the University of Wisconsin-River Falls.

AB687,33,5 (p) Academic staff of the University of Wisconsin-Stevens Point.

AB687,33,6 (pm) Academic staff of the University of Wisconsin-Stout.

AB687,33,7 (q) Academic staff of the University of Wisconsin-Superior.

AB687,33,8 (qm) Academic staff of the University of Wisconsin-Whitewater.

AB687,33,22 (2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described under sub. (1) (b) to (hm) or (jk) to (qm) may be combined into a single unit or the collective bargaining units described under sub. (1) (a) and (j) may be combined into a single unit. If 2 or more collective bargaining units seek to combine into a single collective bargaining unit, the commission shall, upon the petition of at least 30 percent of the employees in each unit, hold an election, or include on any ballot for an election held under s. 111.990 (2) the question of whether to combine units, to determine whether a majority of those employees voting in each unit desire to combine into a single unit. A combined collective bargaining unit shall be formed including all employees from each of those units in which a majority of the employees voting in the election approve a combined unit. The collective bargaining units shall be combined immediately unless there is no existing collective bargaining agreement in force in any of the units to be combined and then the collective bargaining units shall be combined upon expiration of the last agreement for the units concerned.

AB687,34,10 (b) If 2 or more collective bargaining units have combined under par. (a), the commission shall, upon petition of at least 30 percent of the employees in any of the original units, hold an election of the employees in the original unit to determine whether the employees in that unit desire to withdraw from the combined collective bargaining unit. If a majority of the employees voting desire to withdraw from the combined collective bargaining unit, separate units consisting of the unit in which the election was held and a unit composed of the remainder of the combined unit shall be formed. The new collective bargaining units shall be formed immediately unless there is a collective bargaining agreement in force for the combined unit and then the new units shall be formed upon the expiration of the agreement. While there is a collective bargaining agreement in force for the combined collective bargaining unit, a petition for an election under this paragraph may be filed only during October in the calendar year prior to the expiration of the agreement.

AB687,34,18 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit described under sub. (1) or (2) in accordance with the election procedures under s. 111.990 if the petition is accompanied by a 30 percent showing of interest in the form of signed authorization cards. Any additional labor organization seeking to appear on the ballot must file a petition within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10 percent of the employees in the collective bargaining unit want it to be their representative.

AB687,35,2 (5) Although academic staff supervisors are not considered employees for the purpose of this subchapter, the commission may consider a petition for a statewide collective bargaining unit consisting of academic staff supervisors, but the representative of the supervisors may not be affiliated with any labor organization representing employees. For purposes of this subsection, affiliation does not include membership in a national, state, county, or municipal federation of national or international labor organizations. The certified representative of the supervisors may not bargain collectively with respect to any matter other than wages and fringe benefits.

AB687,35,13 111.990 Representatives and elections. (1) A representative chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit is the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present any grievance to the employer in person, or through representatives of their own choosing, and the employer shall confer with the individual employee or group of employees with respect to the grievance if the majority representative has been given the opportunity to be present at the conference. Any adjustment resulting from a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

AB687,35,25 (2) (a) Whenever a question arises concerning the representation of employees in a collective bargaining unit, the commission shall determine the representation by taking a secret ballot of the employees and certifying in writing the results to the interested parties. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees participating in the election as indicated in petitions filed with the commission. The name of any existing representative shall be included on the ballot without the necessity of filing a petition. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The ballot shall permit a vote against representation by anyone named on the ballot.

AB687,36,14 (b) 1. Except as provided in subd. 2., for elections in a collective bargaining unit composed of employees who are members of the faculty or academic staff, whenever more than one representative qualifies to appear on the ballot, the ballot shall provide separate votes on 2 questions. The first question shall be: “Shall the employees of the .... (name of collective bargaining unit) participate in collective bargaining?" The 2nd question shall be: “If the employees of the .... (name of collective bargaining unit) elect to participate in collective bargaining, which labor organization do you favor to act as representative of the employees?" The 2nd question may not include a choice for no representative. All employees in the collective bargaining unit may vote on both questions. Unless a majority of those employees voting in the election vote to participate in collective bargaining, no votes for a particular representative may be counted. If a majority of those employees voting in the election vote to participate in collective bargaining, the ballots for representatives shall be counted.

AB687,37,16 2. For elections in a collective bargaining unit composed of employees who are members of the faculty or academic staff, whenever more than one representative qualifies to appear on the ballot and a question of whether to combine collective bargaining units as permitted under s. 111.98 (2) (a) qualifies to appear on the ballot, the ballot shall provide separate votes on 3 questions and each ballot shall identify the collective bargaining unit to which each voter currently belongs. The first question shall be: “Shall the employees of the .... (name of the voter's current collective bargaining unit) participate in collective bargaining?" The 2nd question shall be: “Shall the employees of the .... (names of all of the collective bargaining units that qualify to appear on the ballot, including the name of the voter's current collective bargaining unit) combine to participate in collective bargaining?" The 3rd question shall be: “If the employees of the .... (name of the voter's current collective bargaining unit) elect to participate in collective bargaining, which labor organization do you favor to act as representative of the employees?" The 3rd question may not include a choice for no representative. All employees in the collective bargaining unit may vote on all questions. Unless a majority of those employees voting in the election vote to participate in collective bargaining, no votes for combination or for a particular representative may be counted. If a majority of those employees voting in the election vote to participate in collective bargaining, the ballots for combination shall be counted. If the ballots for combination are counted and a majority of those employees voting from each collective bargaining unit listed in the 2nd question on the ballot vote to combine, then the ballots for representatives of the combined collective bargaining unit shall be counted. If the ballots for combination are counted and a majority of those employees voting from each collective bargaining unit listed in the 2nd question on the ballot do not vote to combine, then the ballots for representatives of each current collective bargaining unit shall be counted.

AB687,37,18 (c) The commission's certification of the results of any election is conclusive unless reviewed under s. 111.07 (8).

AB687,37,25 (3) Whenever an election has been conducted under sub. (2) in which the ballots for representatives have been counted but in which no named representative is favored by a majority of the employees voting, the commission may, if requested by a party to the proceeding within 30 days from the date of the certification of the results of the election, conduct a runoff election. In that runoff election, the commission shall drop from the ballot the name of the representative who received the least number of votes at the original election.

AB687,38,13 (4) While a collective bargaining agreement between a labor organization and an employer is in force under this subchapter, a petition for an election in the collective bargaining unit to which the agreement applies may be filed only during October in the calendar year prior to the expiration of that agreement. An election held under that petition may be held only if the petition is supported by proof that at least 30 percent of the employees in the collective bargaining unit desire a change or discontinuance of existing representation. Within 60 days of the time that an original petition is filed, another petition may be filed supported by proof that at least 10 percent of the employees in the same collective bargaining unit desire a different representative. If a majority of the employees in the collective bargaining unit vote for a change or discontinuance of representation by any named representative, the decision takes effect upon expiration of any existing collective bargaining agreement between the employer and the existing representative.

AB687,38,15 111.991 Unfair labor practices. (1) It is an unfair labor practice for an employer individually or in concert with others to do any of the following:

AB687,38,17 (a) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed under s. 111.97.

AB687,39,2 (b) Except as otherwise provided in this paragraph, initiate, create, dominate, or interfere with the formation or administration of any labor or employee organization or contribute financial support to it. Except as provided in ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement System under ch. 40 and no action by the employer that is authorized by such a law is a violation of this paragraph. It is not an unfair labor practice for the employer to reimburse an employee at his or her prevailing wage rate for the time spent during the employee's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter.

AB687,39,6 (c) Encourage or discourage membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment. This paragraph does not apply to maintenance of membership agreements.

AB687,39,16 (d) Refuse to bargain collectively on matters set forth in s. 111.998 with a representative of a majority of its employees in an appropriate collective bargaining unit. Whenever the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. The employer is not considered to have refused to bargain until an election has been held and the results of the election are certified to the employer by the commission. A violation of this paragraph includes the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB687,39,21 (e) Violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours, and conditions of employment affecting the employees, including an agreement to arbitrate or to accept the terms of an arbitration award, when previously the parties have agreed to accept such award as final and binding upon them.

AB687,40,3 (f) Deduct labor organization dues from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable by at least the end of any year of its life or earlier by the employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

AB687,40,7 (g) Use any moneys received for any purpose to discourage; to train any supervisor, management employee, or other employee to discourage; or to contract with any person for the purposes of discouraging employees in the exercise of their rights guaranteed under s. 111.97.

AB687,40,14 (1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board to implement changes in salaries or conditions of employment for members of the faculty or academic staff at one institution, and not for other members of the faculty or academic staff at another institution, but this may be done only if the differential treatment is based on comparisons with the compensation and working conditions of employees performing similar services for comparable higher education institutions or based upon other competitive factors.

AB687,40,16 (2) It is unfair practice for an employee individually or in concert with others to do any of the following:

AB687,40,18 (a) Coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed under s. 111.97.

AB687,40,23 (b) Coerce, intimidate, or induce any officer or agent of the employer to interfere with any of the employer's employees in the enjoyment of their legal rights including those guaranteed under s. 111.97 or engage in any practice with regard to its employees which would constitute an unfair labor practice if undertaken by the officer or agent on the officer's or agent's own initiative.

AB687,41,3 (c) Refuse to bargain collectively on matters specified in s. 111.998 with the authorized officer or agent of the employer that is the recognized or certified exclusive collective bargaining representative of employees in an appropriate collective bargaining unit. Such refusal to bargain shall include a refusal to execute a collective bargaining agreement previously orally agreed upon.

AB687,41,7 (d) Violate the provisions of any written agreement with respect to terms and conditions of employment affecting employees, including an agreement to arbitrate or to accept the terms of an arbitration award, when previously the parties have agreed to accept such awards as final and binding upon them.

AB687,41,9 (e) Engage in, induce, or encourage any employees to engage in a strike or a concerted refusal to work or perform their usual duties as employees.

AB687,41,13 (f) Coerce or intimidate a supervisory employee, officer, or agent of the employer, working at the same trade or profession as the employer's employees, to induce the person to become a member of or act in concert with the labor organization of which the employee is a member.

AB687,41,17 (3) It is an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by subs. (1) and (2).

AB687,41,19 (3m) This section does not interfere with a faculty member's right of academic freedom.

AB687,42,3 (4) Any controversy concerning unfair labor practices may be submitted to the commission as provided in s. 111.07, except that the commission shall schedule a hearing on complaints involving alleged violations of sub. (2) (e) within 3 days after filing of a complaint, and notice shall be given to each party interested by service on the party personally, or by telegram, advising the party of the nature of the complaint and of the date, time, and place of hearing. The commission may appoint a substitute tribunal to hear unfair labor practice charges by either appointing a 3-member panel or submitting a 7-member panel to the parties and allowing each to strike 2 names. Any panel shall report its finding to the commission for appropriate action.

AB687,42,8 111.992 Maintenance of membership agreements. (1) (a) No maintenance of membership agreement may be effective unless authorized. For a maintenance of membership agreement to be authorized, the employer and the labor organization representing the employees must voluntarily agree to establish the maintenance of membership agreement.

AB687,42,22 (b) If a maintenance of membership agreement is authorized under par. (a), the employer shall enter into the maintenance of membership agreement with the labor union that voluntarily agreed to establish the agreement. Each maintenance of membership agreement shall require the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees or supervisors affected by the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, a maintenance of membership agreement takes effect 60 days after the commission certifies that the parties have voluntarily agreed to establish the maintenance of membership agreement. The employer shall be held harmless against any claims, demands, suits, and other forms of liability made by employees or supervisors or local labor organizations which may arise for actions the employer takes in compliance with this section. All such lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB687,43,2 (c) Under each maintenance of membership agreement, an employee or supervisor who has religious convictions against dues payments to a labor organization may request the labor organization to pay his or her dues to a charity mutually agreed upon by the employee or supervisor and the labor organization. Any dispute under this paragraph may be submitted to the commission for adjudication.

AB687,43,8 (2) (a) Once authorized, a maintenance of membership agreement is in effect, subject to the right of the employer or the labor organization concerned to notify the commission that it no longer voluntarily agrees to continue the agreement. After the commission is notified, the maintenance of membership agreement terminates at the termination of the collective bargaining agreement or one year from the notification, whichever is earlier.

AB687,43,17 (b) The commission shall suspend any maintenance of membership agreement upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, or creed to receive as a member any employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee or supervisor covered under the agreement, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB687,43,20 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

AB687,43,23 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employees are entitled to vote in a referendum to conduct a referendum under this section.

AB687,44,3 111.993 Grievance arbitration. (1) Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency serve as arbitrator or may designate any other competent, impartial, and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788.

AB687,44,9 (2) The board shall charge an institution for the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the institution. Each institution charged shall pay the amount that the board charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.545 (1) (km).

AB687,44,15 111.994 Mediation. The commission may appoint any competent, impartial, disinterested person to act as mediator in any labor dispute either upon its own initiative or upon the joint request of both parties to the dispute. It is the function of a mediator to bring the parties together voluntarily under such favorable conditions as will tend to effectuate settlement of the dispute, but neither the mediator nor the commission has any power of compulsion in mediation proceedings.

AB687,44,24 111.995 Fact-finding. (1) If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the representative that has been certified by the commission after an election, as the exclusive representative of employees in an appropriate bargaining unit, and the employer, its officers, and agents, after a reasonable period of negotiation, are deadlocked with respect to any dispute between them arising in the collective bargaining process, either party, or the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.

AB687,45,6 (2) Upon receipt of a petition to initiate fact-finding, the commission shall make an investigation with or without a formal hearing, to determine whether a deadlock in fact exists. The commission shall certify the results of the investigation. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or, when jointly requested by the parties, a 3-member panel to function as a fact finder.

AB687,45,20 (3) The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. In making findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Upon the request of either party, the fact finder may orally present the recommendations in advance of service of the written findings and recommendations. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy to the commission at its Madison office.

AB687,45,22 (4) A fact finder may mediate a dispute at any time prior to the issuance of the fact finder's recommendations.

AB687,46,3 (5) Within 30 days of the receipt of the fact finder's recommendations or within a time mutually agreed upon by the parties, each party shall advise the other, in writing, as to the party's acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, send a copy of the notification to the commission at its Madison office. Failure to comply with this subsection, by the employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).

AB687,46,9 111.996 Strike prohibited. (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the board to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

AB687,46,12 (2) The occurrence of a strike and the participation in the strike by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including all of the following:

AB687,46,14 (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating in the strike.

AB687,46,16 (b) The right to cancel the reinstatement eligibility of any employee engaging in the strike.

AB687,46,19 (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging in the strike, or to sue for damages because of such strike activity.

AB687,46,22 111.997 Management rights. Nothing in this subchapter interferes with the right of the board or the University of Wisconsin–Madison, in accordance with this subchapter, to do any of the following:

AB687,46,25 (1) Carry out the statutory mandate and goals assigned to the board or to the University of Wisconsin–Madison by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

AB687,47,4 (2) Suspend, demote, discharge, or take other appropriate disciplinary action against the employee; or to lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and nonproductive.

AB687,47,7 111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (e), matters subject to collective bargaining to the point of impasse are salaries and hours and conditions of employment.

AB687,47,13 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm), the board and, with respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of bargaining.

AB687,47,15 (c) The board and the University of Wisconsin–Madison are prohibited from bargaining on matters contained in sub. (2).

AB687,47,21 (d) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all actions of the board and of the University of Wisconsin–Madison that are authorized under any such law that apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

AB687,47,24 (e) Neither the board nor the University of Wisconsin-Madison is required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

AB687,48,2 (2) The board and the University of Wisconsin-Madison are prohibited from bargaining on all of the following:

AB687,48,6 (a) The mission and goals of the University of Wisconsin System as set forth in the statutes; the rights granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the rights of appointment provided academic staff under s. 36.15; or academic freedom.

AB687,48,7 (b) Amendments to this subchapter.

AB687,48,9 (c) Family leave and medical leave rights below the minimum afforded under s. 103.10.

AB687,48,11 (d) The rights of employees to have retirement benefits computed under s. 40.30.

AB687,48,13 (e) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.

AB687,48,17 (f) The requirement under s. 40.05 (1) (b) that the employer may not pay, on behalf of that employee, any employee required contributions or the employee share of required contributions and the impact of this requirement on the wages, hours, and conditions of employment of that employee.

AB687,48,21 (g) All costs and payments associated with health care coverage plans, except for the design and selection of health care coverage plans by the employer, and the impact of such costs and payments and the design and selection of the health care coverage plans on the wages, hours, and conditions of employment of the employees.

AB687,48,22 (h) Creditable service to which s. 40.285 (2) (b) 4. applies.

AB687,48,24 (i) Compliance with the health benefit plan requirements under ss. 632.746 (1) to (8) and (10), 632.747, and 632.748.

AB687,48,25 (j) Compliance with the insurance requirements under s. 631.95.

AB687,49,1 (k) The definition of earnings under s. 40.02 (22).