111.70 Annotation
The negotiation for wages, hours, and terms of employment for a position created during the term of a collective bargaining agreement, which will apply to the new position, is a new agreement for that position within sub. (4) (cm) 6., subject to arbitration. Local 60 v. WERC,
217 Wis. 2d 602,
579 N.W.2d 59 (Ct. App. 1997).
111.70 Annotation
If an employee agrees to waive any federal statutory right, that is an agreement between the employee and the employer and is not a collective bargaining agreement. As such, it is not a violation of a collective bargaining agreement for an employee to refuse to sign such a waiver in a settlement, and WERC cannot order the employee to sign the agreement. Thomsen v. WERC, 2000 WI App 90,
234 Wis. 2d 494,
610 N.W.2d 155.
111.70 Annotation
The existence of a qualified economic offer (QEO) under sub. (1) (nc) is fundamentally distinct from the QEO's implementation and numerical calculations. A QEO is made when an employer submits an offer to maintain fringe benefits and minimum salary increases consistent with sub. (1) (nc). Once a QEO is made, any issues concerning the calculation of fringe benefit costs and salaries may still be addressed but will not render a QEO invalid. Racine Education Association v. WERC, 2000 WI App 149,
238 Wis. 2d 33,
616 N.W.2d 504.
111.70 Annotation
Subs. (1) (nc) 1. b. and c. and (4) (cm) 8p. are in conflict. The use of "at least" in sub. (1) (nc) 1. b. and c. sets a minimum threshold for salary increases while sub. (4) (cm) 8p. states that any modification in a salary schedule can only occur at a minimum cost to the employer. Sub. (4) (cm) 8p. prevails as the latest expression of legislative will. Racine Education Association v. WERC, 2000 WI App 149,
238 Wis. 2d 33,
616 N.W.2d 504.
111.70 Annotation
The 2-year contract requirement in sub. (4) (cn) did not prohibit the consideration of successive 2-year contracts in a single vote. Hoffman v. WERC, 2001 WI App 87,
243 Wis. 2d 1,
625 N.W.2d 906.
111.70 Annotation
WERC's determinations that teacher preparation periods are not a mandatory subject of bargaining and that permissive subjects of bargaining are not to be included within "fringe benefits" under sub. (1) (nc) are adopted. As such, a change in preparation time did not result in the school district failing to meet the requirements for a qualified economic offer and subject the matter to arbitration under sub. (4m) (cm) 5s. Dodgeland Education Association v. WERC, 2002 WI 22,
250 Wis. 2d 357,
639 N.W.2d 733.
111.70 Annotation
It was reasonable to conclude that an employee of a school district with access to computer files containing information regarding collective bargaining but who had never been directed to open or read those files and who was trusted not to read those files was not a confidential employee under sub. (1) (i). Mineral Point Unified School District v. WERC, 2002 WI App 48,
251 Wis. 2d 325,
641 N.W.2d 701.
111.70 Annotation
It was reasonable for WERC to conclude: 1) sub. (4) (d) 2. a. addresses all determinations of appropriate bargaining units and is not limited to the initial certification of a bargaining unit; and 2) if craft employees in an existing craft and non-craft bargaining unit file a severance petition and if the craft employees at issue have never voted among themselves for inclusion in the mixed unit, the the craft employees are entitled to a separate vote on the issue. City of Marshfield v. WERC, 2002 WI App 68,
252 Wis. 2d 656,
643 N.W.2d 122.
111.70 Annotation
A municipal employer may agree to pay the employees' portion of retirement contributions to the state fund. 59 Atty. Gen. 186.
111.70 Annotation
A county ordinance implementing a collective bargaining agreement providing for the payment to county employees, upon their leaving government employment, compensation for accumulated sick leave earned both before and after the effective date of the ordinance is valid. 59 Atty. Gen. 209.
111.70 Annotation
School boards have authority to contract with teachers to provide for an increment or sum in addition to the regular salary in return for the teacher choosing an early retirement option. 63 Atty. Gen. 16.
111.70 Annotation
The attorney general declines to render an opinion on what is subject to collective bargaining in view of a preferred legislative intent that, under sub. (4) (b), such questions be resolved by WERC through the declaratory judgment procedure, subject to judicial review. 63 Atty. Gen. 590.
111.70 Annotation
The Milwaukee school board is authorized by s. 111.70 to contract for a retirement system supplementary to the one under subch. II of ch. 42, 1979 stats. 67 Atty. Gen. 153.
111.70 Annotation
The application of the open meetings law to the duties of WERC is discussed. 68 Atty. Gen. 171.
111.70 Annotation
A board of education may not prevent a nonunion teacher from speaking on a bargaining issue at an open meeting. Madison School District, v. WERC,
429 U.S. 167 (1976).
111.70 Annotation
A teacher's alleged de facto tenure is not a protected property interest. Liberty interests are discussed. Stevens v. Jt. School Dist. No. 1, Rusk County
429 F. Supp. 477 (1977).
111.70 Annotation
WERC and trial courts have concurrent jurisdiction over alleged violations of this section. Aleman v. Milwaukee County,
35 F. Supp. 2d 710 (1999).
111.70 Annotation
The crisis of the 70's—who will manage municipal government? Mulcahy, 54 MLR 315.
111.70 Annotation
Municipal personnel problems and solutions. Mulcahy, 56 MLR 529.
111.70 Annotation
Right to strike and compulsory arbitration: panacea or placebo? Coughlin, Rader, 58 MLR 205.
111.70 Annotation
Wisconsin's municipal labor law: A need for change. Mulcahy and Ruesch, 64 MLR 103 (1980).
111.70 Annotation
Final offer interest arbitration in Wisconsin: Legislative history, participant attitudes, future trends. Clune and Hyde, 64 MLR 455 (1981).
111.70 Annotation
Public sector collective bargaining. Anderson, 1973 WLR 986.
111.70 Annotation
Impartial decisionmaker—authority of school board to dismiss striking teachers. 1977 WLR 521.
111.70 Annotation
Final offer mediation-arbitration and the limited right to strike: Wisconsin's new municipal employment bargaining law. 1979 WLR 167.
111.70 Annotation
Union security in the public sector: Defining political expenditures related to collective bargaining. 1980 WLR 134.
111.70 Annotation
Fact-finding in public employment disputes. Marshall, 43 WBB, No. 6.
111.71
111.71
General provisions. 111.71(1)(1) The commission may adopt reasonable rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under
s. 20.425 (1) (i).
111.71(2)
(2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under
s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under
s. 111.70 (4) (c) 2. or
(cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under
s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under
s. 111.70 (4) (c) 1. or
(cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under
s. 111.70 (4) (cm) 6. or
(jm) or
111.77 (3). For the performance of commission actions under
ss. 111.70 (4) (c) 1.,
2. and
3.,
(cm) 3.,
4. and
6. and
(jm) and
111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under
s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under
s. 111.70 (4) (cm) 6. or
(jm) or
111.77 (3) shall not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under
s. 20.425 (1) (i).
111.71(4)
(4) The commission shall collect on a systematic basis information on the operation of the arbitration law under
s. 111.70 (4) (cm). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
111.71(5)
(5) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under
s. 111.70 (4) (cm). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.
111.71(6)
(6) This subchapter may be cited as "Municipal Employment Relations Act".
111.77
111.77
Settlement of disputes in collective bargaining units composed of law enforcement personnel and fire fighters. In fire departments and city and county law enforcement agencies municipal employers and employees have the duty to bargain collectively in good faith including the duty to refrain from strikes or lockouts and to comply with the procedures set forth below:
111.77(1)
(1) If a contract is in effect, the duty to bargain collectively means that a party to such contract shall not terminate or modify such contract unless the party desiring such termination or modification:
111.77(1)(a)
(a) Serves written notice upon the other party to the contract of the proposed termination or modification 180 days prior to the expiration date thereof or, if the contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification. This paragraph shall not apply to negotiations initiated or occurring in 1971.
111.77(1)(b)
(b) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications.
111.77(1)(c)
(c) Notifies the commission within 90 days after the notice provided for in
par. (a) of the existence of a dispute.
111.77(1)(d)
(d) Continues in full force and effect without resorting to strike or lockout all terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of the contract, whichever occurs later.
111.77(1)(e)
(e) Participates in mediation sessions by the commission or its representatives if specifically requested to do so by the commission.
111.77(1)(f)
(f) Participates in procedures, including binding arbitration, agreed to between the parties.
111.77(2)
(2) If there has never been a contract in effect, the union shall notify the commission within 30 days after the first demand upon the employer of the existence of a dispute provided no agreement is reached by that time, and in such case
sub. (1) (b),
(e) and
(f) shall apply.
111.77(3)
(3) Where the parties have no procedures for disposition of a dispute and an impasse has been reached, either party may petition the commission to initiate compulsory, final and binding arbitration of the dispute. If in determining whether an impasse has been reached the commission finds that any of the procedures set forth in
sub. (1) have not been complied with and that compliance would tend to result in a settlement, it may require such compliance as a prerequisite to ordering arbitration. If after such procedures have been complied with or the commission has determined that compliance would not be productive of a settlement and the commission determines that an impasse has been reached, it shall issue an order requiring arbitration. The commission shall in connection with the order for arbitration submit a panel of 5 arbitrators from which the parties may alternately strike names until a single name is left, who shall be appointed by the commission as arbitrator, whose expenses shall be shared equally between the parties. Arbitration proceedings under this section shall not be interrupted or terminated by reason of any prohibited practice charge filed by either party at any time.
111.77(4)
(4) There shall be 2 alternative forms of arbitration:
111.77(4)(a)
(a) Form 1. The arbitrator shall have the power to determine all issues in dispute involving wages, hours and conditions of employment.
111.77(4)(b)
(b) Form 2. The commission shall appoint an investigator to determine the nature of the impasse. The commission's investigator shall advise the commission in writing, transmitting copies of such advice to the parties of each issue which is known to be in dispute. Such advice shall also set forth the final offer of each party as it is known to the investigator at the time that the investigation is closed. Neither party may amend its final offer thereafter, except with the written agreement of the other party. The arbitrator shall select the final offer of one of the parties and shall issue an award incorporating that offer without modification.
111.77(5)
(5) The proceedings shall be pursuant to form 2 unless the parties shall agree prior to the hearing that form 1 shall control.
111.77(6)
(6) In reaching a decision the arbitrator shall give weight to the following factors:
111.77(6)(c)
(c) The interests and welfare of the public and the financial ability of the unit of government to meet these costs.
111.77(6)(d)
(d) Comparison of the wages, hours and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours and conditions of employment of other employees performing similar services and with other employees generally:
111.77(6)(e)
(e) The average consumer prices for goods and services, commonly known as the cost of living.
111.77(6)(f)
(f) The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.
111.77(6)(g)
(g) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.
111.77(6)(h)
(h) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment.
111.77(7)
(7) Proceedings, except as specifically provided in this section, shall be governed by
ch. 788.
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 employee" 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 Cross-reference
Cross Reference: See also s.
ERC 30.01, Wis. adm. code.
111.77 Annotation
Arbitration under sub. (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 Wis. 2d 1006,
236 N.W.2d 231 (1975).
111.77 Annotation
Under the common law an arbitrator need not render an account of the reasons for his or her award, nor is a written decision required by ch. 298 [now ch. 788], although the arbitrator must weigh the criteria suggested by (6). Manitowoc v. Manitowoc Police Dept.
70 Wis. 2d 1006,
236 N.W.2d 231 (1975).
111.77 Annotation
Sub. (4) (b) permits amendment of a final offer after an arbitration petition is filed but before an investigation is closed, even if the amendment includes proposals that were not negotiated before the filing of the petition. City of Sheboygan v. WERC,
125 Wis. 2d 1,
370 N.W.2d 800 (Ct. App. 1985).
111.77 Annotation
The holding of Manitowoc on what constitutes "without modification" is discussed. La Crosse Professional Police Association v. City of LaCrosse,
212 Wis. 2d 90,
568 N.W.2d 20 (Ct. App. 1997).
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 employee 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 employees 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 employee 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 employees. For that purpose an employee may, if the employee desires, associate with others in organizing and in bargaining collectively through representatives of the employee'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 employee 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 a retroactive contract effective date. Department of Administration v. WERC,
90 Wis. 2d 426,
280 N.W.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 employees, 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 employee" means a skilled journeyman craftsman, including the skilled journeyman craftsman's apprentices and helpers, but shall not include employees not in direct line of progression in the craft.
