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)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 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 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, 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:
111.825(1m)
(1m) Collective bargaining units for employes in the classified service of the state who are employed by the University of Wisconsin Hospitals and Clinics Board are structured with one collective bargaining unit for each of the following occupational groups:
111.825(2)
(2) Collective bargaining units for employes in the unclassified service of the state shall be structured with one collective bargaining unit for each of the following groups:
111.825(2)(a)
(a) The program, project and teaching assistants of the university of Wisconsin-Madison and the university of Wisconsin-extension.
111.825(2)(b)
(b) The program, project and teaching assistants of the university of Wisconsin-Milwaukee.
111.825(2)(c)
(c) The program, project and teaching assistants of the universities of Wisconsin-Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater.
111.825(2)(e)
(e) Attorneys employed in the office of the state public defender.
111.825(3)
(3) The commission shall assign employes to the appropriate collective bargaining units set forth in
subs. (1),
(1m) and
(2).
111.825(4)
(4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in
sub. (1),
(1m) or
(2) in accordance with the election procedures set forth in
s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employes in the collective bargaining unit want it to be their representative.
111.825(4m)
(4m) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in
sub. (1m), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employes in any of the collective bargaining units that were combined to petition for an election under
s. 111.83 (6) and
(7). Any agreement under this subsection is effective upon written notice of the agreement by the parties to the commission and terminates upon written notice of termination by the parties to the commission or upon decertification of the representative entering into the agreement as representative of one of the combined collective bargaining units, whichever occurs first.
111.825(5)
(5) Although supervisors are not considered employes for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employes. 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 supervisors may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in
s. 111.91 (1).
111.825(6)
(6) The commission shall only assign an employe of the department of administration, department of transportation or board of regents of the University of Wisconsin System who engages in the detection and prevention of crime, who enforces the laws and who is authorized to make arrests for violations of the laws; an employe of the department of administration, department of transportation or board of regents of the University of Wisconsin System who provides technical law enforcement support to such employes; and an employe of the department of transportation who engages in motor vehicle inspection or operator's license examination to the collective bargaining unit under
sub. (1) (cm).
111.83
111.83
Representatives and elections. 111.83(1)
(1) Except as provided in
sub. (5), a representative chosen for the purposes of collective bargaining by a majority of the employes voting in a collective bargaining unit shall be the exclusive representative of all of the employes in such unit for the purposes of collective bargaining. Any individual employe, or any minority group of employes in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with said employe or group of employes in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.
111.83(2)
(2) Whenever the commission decides to permit employes to determine for themselves whether they desire to establish themselves as a collective bargaining unit, such determination shall be conducted by secret ballot. In such instances, the commission shall cause the balloting to be conducted so as to show separately the wishes of the employes in the voting group involved as to the determination of the collective bargaining unit.
111.83(3)
(3) Whenever a question arises concerning the representation of employes in a collective bargaining unit the commission shall determine the representative thereof by taking a secret ballot of the employes and certifying in writing the results thereof to the interested parties and to the secretary of the department. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employes 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 be so prepared as to permit a vote against representation by anyone named on the ballot. The commission's certification of the results of any election is conclusive as to the findings included therein unless reviewed under
s. 111.07 (8).
111.83(4)
(4) Whenever an election has been conducted under
sub. (3) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, if requested by any 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. The commission shall drop from the ballot the privilege of voting against any representative if the least number of votes cast at the first election was against representation by any named representative.
111.83(5)(b)
(b) Upon filing of a petition with the commission indicating a showing of interest of at least 30% of the employes at an institution who are included within a collective bargaining unit to be represented by a labor organization, the commission shall hold an election in which the employes in that unit at that institution may vote on the question of representation. The labor organization named in any such petition shall be included on the ballot. Within 60 days of the time that an original petition is filed, another petition may be filed with the commission indicating a showing of interest of at least 10% of the employes at the same institution who are included in the same collective bargaining unit to be represented by another labor organization, in which case the name of that labor organization shall be included on the ballot. If more than one original petition is filed within a 30-day period concerning employes in the collective bargaining unit specified in
s. 111.825 (2) (c), the results of all elections held pursuant to the petitions shall be announced by the commission at the same time. The ballot shall be prepared in accordance with
sub. (3), except as otherwise provided in this subsection.
111.83(5)(c)
(c) Notwithstanding
s. 111.825 (2) (c), the employes at any institution included within the collective bargaining unit at which no petition is filed and no election is held or at which the employes indicate, by a majority of those voting in an election, a desire not to participate in collective bargaining are not considered to be a part of that collective bargaining unit.
111.83(5)(d)
(d) If at an election held under
par. (b), a majority of the employes voting in the collective bargaining unit at all institutions in which the choice to participate in collective bargaining receives a majority of the votes cast elect to be represented by a single labor organization, that labor organization shall be the exclusive representative for all employes in that collective bargaining unit, except those excluded under
par. (c).
111.83(5)(e)
(e) If at an election held under
par. (b), a majority of the employes voting in the collective bargaining unit at all institutions in which the choice to participate in collective bargaining receives a majority of the votes cast do not elect to be represented by a single labor organization, the commission may hold one or more runoff elections under
sub. (4) until one representative receives a majority of the votes cast.
111.83(5)(f)
(f) Notwithstanding
par. (b), if a labor organization is certified to represent the employes within the collective bargaining unit at one or more institutions, and a petition is filed with the commission indicating a showing of interest by the employes at an institution which is not a part of the unit under
par. (c) to be represented by a labor organization, the only question which shall appear on the ballot shall be whether the employes desire to participate in collective bargaining. A petition under this paragraph may only be filed during June in an even-numbered year. If a majority of the employes voting at the institution who are included within the collective bargaining unit vote to participate in collective bargaining, the employes at that institution shall become a part of that collective bargaining unit.
111.83(5)(g)
(g) If the collective bargaining unit is represented by a labor organization and a collective bargaining agreement is in effect between that labor organization and the employer, and the employes at an institution who have not voted to become a part of that collective bargaining unit vote to join the unit under
par. (f), such action shall become effective on the day that the succeeding collective bargaining agreement between the representative and the employer takes effect.
111.83(5)(h)
(h) If a petition is filed under
sub. (6) for the discontinuance of existing representation indicating a showing of interest by 30% of the total number of employes at all institutions at which employes in the collective bargaining unit have voted to become a part of the unit, the commission shall hold an election on that question at all such institutions. If a petition is filed under
sub. (6) indicating a showing of interest by 30% of the employes at one or more, but not all, of the institutions at which employes in the collective bargaining unit have voted to become a part of the unit, the commission shall hold an election on that question only at the institution or institutions at which the showing is made. In such an election, the only question appearing on the ballot shall be whether the employes desire to participate in collective bargaining.
111.83(5)(i)
(i) If a petition is filed under
sub. (6) for a change of existing representation, the commission shall hold an election on the question in accordance with
par. (b), except that participation shall be limited to employes at those institutions included in the collective bargaining unit who have previously voted to become a part of the unit. Runoff elections shall be held, as provided in
par. (e), when necessary. At any such election, if a majority of the total number of employes included in the collective bargaining unit at all institutions at which employes have voted to become a part of the unit elect not to participate in collective bargaining, regardless of the result of the vote at any single institution, no representative may be certified by the commission to represent the employes at any institution within that collective bargaining unit, unless a new petition and election is held under
par. (b). However, if a majority of the total number of employes included in the collective bargaining unit at all institutions at which employes have voted to become a part of the unit elect to participate in collective bargaining, but a majority of the employes at one or more of the institutions elect not to participate in collective bargaining, then only the employes at those institutions electing not to participate shall not be considered a part of that collective bargaining unit.
111.83(6)
(6) 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 only be filed 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% of the employes 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% of the employes in the same collective bargaining unit desire a different representative. If a majority of the employes 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.
111.83(7)
(7) Notwithstanding
subs. (1),
(3) and
(6) and
s. 111.825 (4), if on July 1, 1997, there is a representative recognized or certified to represent the employes in any of the collective bargaining units specified in
s. 111.825 (1) (a) to
(e), that representative shall become the representative of the employes in the corresponding collective bargaining units specified in
s. 111.825 (1m) (a) to
(e), without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section during October 1998 or at any subsequent time when
sub. (6) applies.
111.84
111.84
Unfair labor practices. 111.84(1)
(1) It is an unfair labor practice for an employer individually or in concert with others:
111.84(1)(a)
(a) To interfere with, restrain or coerce employes in the exercise of their rights guaranteed in
s. 111.82.
111.84(1)(b)
(b) Except as otherwise provided in this paragraph, to initiate, create, dominate or interfere with the formation or administration of any labor or employe 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 constitutes a violation of this paragraph unless an applicable collective bargaining agreement specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively regarding the Wisconsin retirement system under
ch. 40 to the extent required by
s. 111.91. It is not an unfair labor practice for the employer to reimburse an employe at his or her prevailing wage rate for the time spent during the employe'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. Professional supervisory or craft personnel may maintain membership in professional or craft organizations; however, as members of such organizations they shall be prohibited from those activities related to collective bargaining in which the organizations may engage.
111.84(1)(c)
(c) To 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 fair-share or maintenance of membership agreements.
111.84(1)(d)
(d) To refuse to bargain collectively on matters set forth in
s. 111.91 (1) with a representative of a majority of its employes in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employes in 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. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.
111.84(1)(e)
(e) To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting employes, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such award as final and binding upon them.
111.84(1)(f)
(f) To deduct labor organization dues from an employe's earnings, unless the employer has been presented with an individual order therefor, signed by the employe personally, and terminable by at least the end of any year of its life or earlier by the employe 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 fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.
111.84(2)
(2) It is unfair practice for an employe individually or in concert with others:
111.84(2)(a)
(a) To coerce or intimidate an employe in the enjoyment of the employe's legal rights, including those guaranteed under
s. 111.82.
111.84(2)(b)
(b) To coerce, intimidate or induce any officer or agent of the employer to interfere with any of the employer's employes in the enjoyment of their legal rights including those guaranteed under
s. 111.82 or to engage in any practice with regard to its employes which would constitute an unfair labor practice if undertaken by the officer or agent on the officer's or agent's own initiative.
111.84(2)(c)
(c) To refuse to bargain collectively on matters set forth in
s. 111.91 (1) with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employes specified in
s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employes specified in
s. 111.81 (7) (b) or
(c) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.
111.84(2)(d)
(d) To violate the provisions of any written agreement with respect to terms and conditions of employment affecting employes, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such awards as final and binding upon them.
