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.
111.81(6)
(6) "Election" means a proceeding conducted by the commission in which the employees 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 employee in the classified service of the state, as defined in
s. 230.08, except limited term employees, sessional employees, project employees, supervisors, management employees and individuals who are privy to confidential matters affecting the employer-employee relationship, as well as all employees of the commission.
111.81(7)(b)
(b) Program, project or teaching assistants employed by the University of Wisconsin System, except supervisors, management employees and individuals who are privy to confidential matters affecting the employer-employee relationship.
111.81(7)(c)
(c) Assistant district attorneys, except supervisors, management employees and individuals who are privy to confidential matters affecting the employer-employee relationship.
111.81(7)(e)
(e) Attorneys employed in the office of the state public defender, except supervisors, management employees or individuals who are privy to confidential matters affecting the employer-employee relationship.
111.81(7)(f)
(f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under
s. 118.40 (2r) (cm).
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 employees or supervisors specified in
s. 111.825 (5) under which all of the employees 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(9m)
(9m) "Instructional staff" has the meaning given in rules promulgated by the department of public instruction under
s. 121.02 (1) (a) 2.
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 employee organization whose purpose is to represent employees 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 employees or supervisors specified in
s. 111.825 (5) which requires that all of the employees 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 employees 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 employees exercising similar functions and responsibilities as determined by the commission.
111.81(14)
(14) "Office" means the office of state employment relations.
111.81(15)(a)
(a) Any employee 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)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 employee 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 employees, 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 employee to represent the employee.
111.81(18)
(18) "Strike" includes any strike or other concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal to work or perform their usual duties as employees 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 employees, 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 office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in
s. 111.825 (1m) and
(2) (f), the office 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 office that 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. With respect to the collective bargaining unit specified in
s. 111.825 (2) (f), the governing board of the charter school established by contract under
s. 118.40 (2r) (cm) 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 director of the office 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) and
(2) (f). The director of the office 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 employees who are assistant district attorneys, the director of the office shall maintain close liaison with the secretary of administration.
111.815 Cross-reference
Cross Reference: See also s.
ERC 22.01, Wis. adm. code.
111.82
111.82
Rights of employees. Employees 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. Employees 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 employees in the classified service of the state, except employees 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:
