111.77(8)(a)(a) This section applies to law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the term "municipal employe" includes such a supervisor.
111.77(8)(b)
(b) This section shall not apply to members of a police department employed by a 1st class city nor to any city, village or town having a population of less than 2,500.
111.77 Annotation
Arbitration under (4) (b), which requires the arbitrator to select the final offer of one of the parties and then issue an award incorporating that offer "without modification," does not preclude restatement or alteration of the offer to comprise a proper, final arbitration award finally disposing of the controversy. Manitowoc v. Manitowoc Police Dept. 70 W (2d) 1006, 236 NW (2d) 231.
111.77 Annotation
Under the common law an arbitrator need not render an account of the reasons for his award, nor is a written decision required by ch. 298, although he must weigh the criteria suggested by (6). Manitowoc v. Manitowoc Police Dept. 70 W (2d) 1006, 236 NW (2d) 231.
111.77 Annotation
Sub. (4) (b) permits amendment of final offer after arbitration petition is filed but before investigation is closed even if amendment includes proposals which were not negotiated before filing of petition. City of Sheboygan v. WERC, 125 W (2d) 1, 370 NW (2d) 800 (Ct. App. 1985).
111.77 Annotation
Right to strike and compulsory arbitration: panacea or placebo? Coughlin, Rader, 58 MLR 205.
STATE EMPLOYMENT LABOR RELATIONS
111.80
111.80
Declaration of policy. The public policy of the state as to labor relations and collective bargaining in state employment, in the furtherance of which this subchapter is enacted, is as follows:
111.80(1)
(1) It recognizes that there are 3 major interests involved: that of the public, that of the employe and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the situation and to the rights of the others.
111.80(2)
(2) Orderly and constructive employment relations for employes and the efficient administration of state government are promotive of all these interests. They are largely dependent upon the maintenance of fair, friendly and mutually satisfactory employe management relations in state employment, and the availability of suitable machinery for fair and peaceful adjustment of whatever controversies may arise. It is recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding state employment relations, neither party has any right to engage in acts or practices which jeopardize the public safety and interest and interfere with the effective conduct of public business.
111.80(3)
(3) Where permitted under this subchapter, negotiations of terms and conditions of state employment should result from voluntary agreement between the state and its agents as employer, and its employes. For that purpose an employe may, if the employe desires, associate with others in organizing and in bargaining collectively through representatives of the employe's own choosing without intimidations or coercion from any source.
111.80(4)
(4) It is the policy of this state, in order to preserve and promote the interests of the public, the employe and the employer alike, to encourage the practices and procedures of collective bargaining in state employment subject to the requirements of the public service and related laws, rules and policies governing state employment, by establishing standards of fair conduct in state employment relations and by providing a convenient, expeditious and impartial tribunal in which these interests may have their respective rights determined.
111.80 Annotation
This subchapter does not prohibit retroactive contract effective date. Department of Administration v. WERC, 90 W (2d) 426, 280 NW (2d) 150 (1979).
111.80 Annotation
Application of open meeting law to duties of WERC discussed. 68 Atty. Gen. 171.
111.80 Annotation
Collective negotiations in higher education; a symposium. 1971 WLR 1.
111.80 Annotation
Public sector collective bargaining. Anderson, 1973 WLR 986.
111.80 Annotation
The appropriate scope of bargaining in the public sector: The continuing controversy and the Wisconsin experience. Weisberger. 1977 WLR 685.
111.81
111.81
Definitions. In this subchapter:
111.81(1)
(1) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employes, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in
s. 111.91 (1) with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.
111.81(2)
(2) "Collective bargaining unit" means a unit established under
s. 111.825.
111.81(3)
(3) "Commission" means the employment relations commission.
111.81(4)
(4) "Craft employe" means a skilled journeyman craftsman, including the skilled journeyman craftsman's apprentices and helpers, but shall not include employes not in direct line of progression in the craft.
111.81(5)
(5) "Department" means the department of employment relations.
111.81(6)
(6) "Election" means a proceeding conducted by the commission in which the employes in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in this subchapter.
111.81(7)(a)
(a) Any state employe in the classified service of the state, as defined in
s. 230.08, except limited term employes, sessional employes, project employes, supervisors, management employes and individuals who are privy to confidential matters affecting the employer-employe relationship, as well as all employes of the commission.
111.81(7)(b)
(b) Program, project or teaching assistants employed by the university of Wisconsin system, except supervisors, management employes and individuals who are privy to confidential matters affecting the employer-employe relationship.
111.81(7)(c)
(c) Assistant district attorneys, except supervisors, management employes and individuals who are privy to confidential matters affecting the employer-employe relationship.
111.81(7)(d)
(d) Individuals employed by the University of Wisconsin Hospitals and Clinics Authority who hold positions that would be included in the classified service if the individuals were employed by the state, except supervisors, management employes and individuals who are privy to confidential matters affecting the employer-employe relationship.
111.81(7)(e)
(e) Attorneys employed in the office of the state public defender, except supervisors, management employes or individuals who are privy to confidential matters affecting the employer-employe relationship.
Effective date note
NOTE: Par. (e) is shown as created eff. 7-1-97 by
1995 Wis. Act 324 as par. (d) and renumbered par. (e) by the revisor under s. 13.93 (1) (b).
111.81(8)
(8) "Employer" means the state of Wisconsin.
111.81(9)
(9) "Fair-share agreement" means an agreement between the employer and a labor organization representing employes or supervisors specified in
s. 111.825 (5) under which all of the employes or supervisors in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.
111.81(10)
(10) "Joint committee on employment relations" means the legislative committee created under
s. 13.111.
111.81(11)
(11) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.
111.81(12)
(12) "Labor organization" means any employe organization whose purpose is to represent employes in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment; but the term shall not include any organization:
111.81(12)(a)
(a) Which advocates the overthrow of the constitutional form of government in the United States; or
111.81(12)(b)
(b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation or national origin.
111.81(12m)
(12m) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employes or supervisors specified in
s. 111.825 (5) which requires that all of the employes or supervisors whose dues are being deducted from earnings under
s. 20.921 (1) or
111.84 (1) (f) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employes or supervisors who are hired on or after the effective date of the agreement.
111.81(13)
(13) "Management" includes those personnel engaged predominately in executive and managerial functions, including such officials as division administrators, bureau directors, institutional heads and employes exercising similar functions and responsibilities as determined by the commission.
111.81(15)(a)
(a) Any employe in the classified service or any employe of the University of Wisconsin Hospitals and Clinics Authority who is engaged in work:
Effective date textNOTE: Par. (a) (intro.) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(a) Any employe in the classified service who is engaged in work:
111.81(15)(a)1.
1. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;
111.81(15)(a)2.
2. Involving the consistent exercise of discretion and judgment in its performance;
111.81(15)(a)3.
3. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;
111.81(15)(a)4.
4. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes; or
111.81(15)(b)
(b) Any employe in the classified service or any employe of the University of Wisconsin Hospitals and Clinics Authority who:
Effective date note
NOTE: Par. (b) (intro.) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(b) Any employe in the classified service who:
111.81(15)(b)1.
1. Has completed the courses of specialized intellectual instruction and study described in
par. (a) 4.; and
111.81(15)(b)2.
2. Is performing related work under the supervision of a professional person to qualify to become a professional employe as defined in
par. (a).
111.81(15m)
(15m) "Program assistant" or "project assistant" means a graduate student enrolled in the university of Wisconsin system who is assigned to conduct research, training, administrative responsibilities or other academic or academic support projects or programs, except regular preparation of instructional materials for courses or manual or clerical assignments, under the supervision of a member of the faculty or academic staff, as defined in
s. 36.05 (1) or
(8), primarily for the benefit of the university, faculty or academic staff supervisor or a granting agency. "Project assistant" or "program assistant" does not include a graduate student who does work which is primarily for the benefit of the student's own learning and research and which is independent or self-directed.
111.81(16)
(16) "Referendum" means a proceeding conducted by the commission in which employes, or supervisors specified in
s. 111.825 (5), in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.
111.81(17)
(17) "Representative" includes any person chosen by an employe to represent the employe.
111.81(18)
(18) "Strike" includes any strike or other concerted stoppage of work by employes, and any concerted slowdown or other concerted interruption of operations or services by employes, or any concerted refusal to work or perform their usual duties as employes of the state.
111.81(19)
(19) "Supervisor" means any individual whose principal work is different from that of the individual's subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline employes, or to adjust their grievances, or to authoritatively recommend such action, if the individual's exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
111.81(19m)
(19m) "Teaching assistant" means a graduate student enrolled in the university of Wisconsin system who is regularly assigned teaching and related responsibilities, other than manual or clerical responsibilities, under the supervision of a member of the faculty as defined in
s. 36.05 (8).
111.81(20)
(20) "Unfair labor practice" means any unfair labor practice specified in
s. 111.84.
111.815(1)(1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the executive branch shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications thereof. The department is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies and the University of Wisconsin Hospitals and Clinics Authority on matters of concern to the agencies or the authority. The legislative branch shall act upon those portions of tentative agreements negotiated by the executive branch which require legislative action.
Effective date note
NOTE: Sub. (1) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the department shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications thereof. Except with respect to the collective bargaining units specified in s. 111.825 (1m), the department is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the department which require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter.
111.815(2)
(2) In the furtherance of the policy under
s. 111.80 (4), the secretary of the department shall establish a collective bargaining capability within the department outside of the division of merit recruitment and selection and shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter. The secretary of the department shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(2) In the furtherance of the policy under s. 111.80 (4), the secretary of the department shall establish a collective bargaining capability within the department outside of the division of merit recruitment and selection and shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1m). The secretary of the department shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.
111.815(3)
(3) With regard to collective bargaining activities involving employes who are assistant district attorneys, the secretary of the department shall maintain close liaison with the department of administration.
111.82
111.82
Rights of employes. Employes shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employes shall also have the right to refrain from any or all of such activities.
111.82 History
History: 1971 c. 270;
1995 a. 27.
111.825
111.825
Collective bargaining units. 111.825(1)
(1) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employes in the classified service of the state and for employes of the University of Wisconsin Hospitals and Clinics Authority are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:
Effective date note
NOTE: Sub. (1) (intro.) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(1) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employes in the classified service of the state, except employes in the collective bargaining units specified in s. 111.825 (1m), are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:
