111.85 Cross-reference
Cross Reference: See also ch.
ERC 26, Wis. adm. code.
111.86
111.86
Grievance arbitration. 111.86(1)
(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.
111.86(2)
(2) The office shall charge a state department or agency 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 state department or agency. Each state department or agency so charged shall pay the amount that the office 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).
111.86 Cross-reference
Cross Reference: See also ch.
ERC 23, Wis. adm. code.
111.87
111.87
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 request of one of the parties to the dispute. It is the function of such mediator to bring the parties together voluntarily under such favorable auspices as will tend to effectuate settlement of the dispute, but neither the mediator nor the commission shall have any power of compulsion in mediation proceedings.
111.87 History
History: 1971 c. 270.
111.87 Cross-reference
Cross Reference: See also ch.
ERC 24, Wis. adm. code.
111.88(1)(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 which has been certified by the commission after an election, or, in the case of a representative of employees specified in
s. 111.81 (7) (a), has been duly recognized by the employer, as the exclusive representative of employees in an appropriate collective 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, the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.
111.88(2)
(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. After its investigation, the commission shall certify the results thereof. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or 3-member panel, when jointly requested by the parties, to function as a fact finder.
111.88(3)
(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. 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 thereof to the commission at its Madison office.
111.88(4)
(4) Nothing herein shall be construed as prohibiting any fact finder from endeavoring to mediate the dispute at any time prior to the issuance of the fact finder's recommendations.
111.88(5)
(5) Within 30 days of the receipt of the fact finder's recommendations or within such time period 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 such notification to the commission at its Madison office. Failure to comply with this subsection, by the state employer or employee representative, constitutes a violation of
s. 111.84 (1) (d) or
(2) (c).
111.88 Cross-reference
Cross Reference: See also ch.
ERC 25, Wis. adm. code.
111.89
111.89
Strike prohibited. 111.89(1)(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. 111.84 (2) (e) or both. It is the responsibility of the office 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.
111.89(2)
(2) The occurrence of a strike and the participation therein by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including:
111.89(2)(a)
(a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating therein;
111.89(2)(b)
(b) The right to cancel the reinstatement eligibility of any employee engaging therein; and
111.89(2)(c)
(c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging therein, or to sue for damages because of such strike activity.
111.90
111.90
Management rights. Nothing in this subchapter shall interfere with the right of the employer, in accordance with this subchapter to:
111.90(1)
(1) Carry out the statutory mandate and goals assigned to a state agency by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.
111.90(2)
(2) Subject to
s. 111.91 (1) (am), manage the employees of a state agency; hire, promote, transfer, assign or retain employees in positions within the agency; and in that regard establish reasonable work rules.
111.90(3)
(3) Suspend, demote, discharge or take other appropriate disciplinary action against the employee for just cause; 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.
111.90 History
History: 1971 c. 270;
1995 a. 27.
111.91
111.91
Subjects of bargaining. 111.91(1)(a)(a) Except as provided in
pars. (b) to
(e), matters subject to collective bargaining to the point of impasse are wage rates, consistent with
sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified employees to duties of a higher classification or downward reallocations of a classified employee's position; fringe benefits consistent with
sub. (2); hours and conditions of employment.
111.91(1)(am)
(am) In collective bargaining units specified in
s. 111.825 (1m), the right of the employer to transfer employees from one position to another position and the right of employees to be transferred from one position to another position is a subject of bargaining.
111.91(1)(b)
(b) The employer shall not be required to bargain on management rights under
s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in
s. 111.90 (3) shall be a subject of bargaining.
111.91(1)(c)
(c) The employer is prohibited from bargaining on matters contained in
sub. (2).
111.91(1)(cm)
(cm) Except as provided in
sub. (2) (g) and
(h) 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 employer that are authorized under any such law which 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.
111.91(1)(d)
(d) Demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.
111.91(1)(e)
(e) The employer shall not be required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.
111.91(2)
(2) The employer is prohibited from bargaining on:
111.91(2)(a)
(a) The mission and goals of state agencies as set forth in the statutes.
111.91(2)(b)
(b) Policies, practices and procedures of the civil service merit system relating to:
111.91(2)(b)1.
1. Original appointments and promotions specifically including recruitment, examinations, certification, policies with respect to probationary periods and appointments, but not including transfers between positions allocated to classifications that are assigned to the same pay range or an identical pay range in a different pay schedule, within the same collective bargaining unit or another collective bargaining unit represented by the same labor organization.
111.91(2)(b)2.
2. The job evaluation system specifically including position classification and reclassification, position qualification standards, establishment and abolition of classifications, and allocation and reallocation of positions to classifications; and the determination of an incumbent's status, other than pay status, resulting from position reallocations.
111.91(2)(f)
(f) Family leave and medical leave rights below the minimum afforded under
s. 103.10. Nothing in this paragraph prohibits the employer from bargaining on rights to family leave or medical leave which are more generous to the employee than the rights provided under
s. 103.10.
111.91(2)(h)
(h) The rights of employees to have retirement benefits computed under
s. 40.30.
111.91(2)(i)
(i) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under
s. 111.37.
111.91(2)(o)
(o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under
s. 632.85.
111.91(2)(r)
(r) The requirements under
s. 609.10 related to offering a point-of-service option plan.
111.91(2)(s)
(s) The requirements related to internal grievance procedures under
s. 632.83 and independent review of certain health benefit plan determinations under
s. 632.835.
111.91(4)
(4) The director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under
s. 111.92 (1) (a), shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in
s. 111.81 (7) (a) and with each certified labor organization representing employees specified in
s. 111.81 (7) (b) to
(e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.
111.91 History
History: 1971 c. 270;
1975 c. 39,
224;
1977 c. 196;
1979 c. 221;
1983 a. 27;
1985 a. 42;
1987 a. 27,
287,
331;
1989 a. 13,
31,
323;
1991 a. 269,
289;
1995 a. 27,
289;
1995 a. 302 s.
48;
1997 a. 27,
35,
155,
237;
1999 a. 9,
95,
115,
155;
2001 a. 16,
26;
2003 a. 33.
111.91 Annotation
The effective date of state employees' collective bargaining agreements is a mandatory subject of bargaining. Department of Administration v. WERC,
90 Wis. 2d 426,
280 N.W.2d 150 (1979).
111.91 Annotation
Matters that affect the separate interests of bargaining units, such as the interest in not losing work to another unit, are not conditions of employment under sub. (3). Sub. (2) (b) 2., prohibiting bargaining regarding job classification and allocation, will not be overridden by permitting the loss of bargaining unit work on account of a position reallocation to be bargained, grieved, or arbitrated. WERC v. Wisconsin Building Trades Negotiating Committee, 2003 WI App 178,
266 Wis. 2d 512,
669 N.W.2d 499,
02-2232.
111.91 Annotation
Unfair labor practices and collective bargaining regarding pensions as to state employees discussed. 64 Atty. Gen. 18.
111.915
111.915
Labor proposals. The director of the office shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.
111.915 History
History: 1977 c. 196;
2003 a. 33.
111.92(1)(a)(a) Any tentative agreement reached between the office, acting for the state, and any labor organization representing a collective bargaining unit specified in
s. 111.825 (1) or
(2) (a) to
(e) shall, after official ratification by the labor organization, be submitted by the office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to
ss. 13.093 (1),
13.50 (6) (a) and
(b) and
16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.
111.92(1)(b)
(b) Any tentative agreement reached between the University of Wisconsin Hospitals and Clinics Board, acting for the state, and any labor organization representing a collective bargaining unit specified in
s. 111.825 (1m) shall, after official ratification by the labor organization, be executed by the parties.
111.92(1)(c)
(c) Any tentative agreement reached between the governing board of the charter school established by contract under
s. 118.40 (2r) (cm), acting for the state, and any labor organization representing a collective bargaining unit specified in
s. 111.825 (2) (f) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.
111.92(2)
(2) No portion of any tentative agreement shall become effective separately.
111.92(3)
(3) Agreements shall coincide with the fiscal year or biennium.
111.92(4)
(4) It is the declared intention under this subchapter that the negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.
111.92(5)
(5) Notwithstanding any other provision of the statutes, all compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.
111.92 Annotation
Matters within the scope of bargaining under s. 111.91, agreed to by the department of administration and a state employee union, are not effective until submitted as tentative agreements to and approved by the joint committee on employment relations. 67 Atty. Gen 38.
111.93
111.93
Effect of labor organization; status of existing benefits and rights. 111.93(1)(1) If no collective bargaining agreement exists between the employer and a labor organization representing classified employees in a collective bargaining unit for which a representative is recognized or certified, employees in the unit shall retain the right of appeal under
s. 230.44.
111.93(2)
(2) All civil service and other applicable statutes concerning wages, fringe benefits, hours and conditions of employment apply to employees specified in
s. 111.81 (7) (a) who are not included in collective bargaining units for which a representative is recognized or certified and to employees specified in
s. 111.81 (7) (b) to
(f) who are not included in a collective bargaining unit for which a representative is certified.
111.93(3)
(3) Except as provided in
ss. 7.33 (4),
40.05,
40.80 (3),
111.91 (1) (cm),
230.35 (2d) and
(3) (e) 6., and
230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.
111.93 Annotation
Matters that affect the separate interests of bargaining units, such as the interest in not losing work to another unit, are not conditions of employment under sub. (3). Sub. (2) (b) 2., prohibiting bargaining regarding job classification and allocation, will not be overridden by permitting the loss of bargaining unit work on account of a position reallocation to be bargained, grieved, or arbitrated. WERC v. Wisconsin Building Trades Negotiating Committee, 2003 WI App 178,
266 Wis. 2d 512,
669 N.W.2d 499,
02-2232.
111.94
111.94
Rules, transcripts, training programs, fees. 111.94(1)(1) The commission may adopt reasonable and proper 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).
