111.70(4)(cm)7r.i.
i. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.
111.70(4)(cm)7r.j.
j. 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.
111.70(4)(cm)8.
8. `Rule making.' The commission shall adopt rules for the conduct of all arbitration proceedings under
subd. 6., including, but not limited to, rules for:
111.70(4)(cm)8.a.
a. The appointment of tripartite arbitration panels when requested by the parties.
111.70(4)(cm)8.b.
b. The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.
111.70(4)(cm)8.c.
c. The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.
111.70(4)(cm)8m.a.a. Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years.
111.70(4)(cm)8m.b.
b. Except for the initial collective bargaining agreement between the parties, every collective bargaining agreement covering municipal employees who are school district professional employees shall be for a term of 2 years expiring on June 30 of the odd-numbered year. An initial collective bargaining agreement between parties covering municipal employees who are school district professional employees shall be for a term ending on June 30 following the effective date of the agreement, if that date is in an odd-numbered year, or otherwise on June 30 of the following year.
111.70(4)(cm)8m.c.
c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.
111.70(4)(cm)8p.
8p. `Professional school employee salaries.' In every collective bargaining unit covering municipal employees who are school district professional employees in which the municipal employee positions were, on July 29, 1995, assigned to salary ranges with steps that determine the levels of progression within each salary range, unless the parties otherwise agree, no new or modified collective bargaining agreement may contain any provision altering the salary range structure, the number of steps or the requirements for attaining a step or assignment of a position to a salary range, except that if the cost of funding the attainment of a step is greater than the amount required for the municipal employer to submit a qualified economic offer, the agreement may contain a provision altering the requirements for attaining a step to no greater extent than is required for the municipal employer to submit a qualified economic offer at the minimum possible cost to the municipal employer.
111.70(4)(cm)8s.
8s. `Forms for determining costs.' The commission shall prescribe forms for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employees. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employees who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank or qualifications of the school district professional employees. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred. In each collective bargaining unit to which
subd. 5s. applies, the municipal employer shall transmit to the commission and the labor organization a completed form for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to the school district professional employees covered by the agreement as soon as possible after the effective date of the agreement.
111.70(4)(cm)9.b.
b. This paragraph does not apply to labor disputes involving municipal employees who are engaged in law enforcement or fire fighting functions.
111.70 Cross-reference
Cross Reference: See also chs.
ERC 32 and
33, Wis. adm. code.
111.70(4)(cn)
(cn)
Term of professional school employee agreements. Except for the initial collective bargaining agreement between the parties, every collective bargaining agreement covering municipal employees who are school district professional employees shall be for a term of 2 years expiring on June 30 of the odd-numbered year. An initial collective bargaining agreement between parties covering municipal employees who are school district professional employees shall be for a term ending on June 30 following the effective date of the agreement, if that date is in an odd-numbered year, or otherwise on June 30 of the following year.
111.70(4)(d)
(d) Selection of representatives and determination of appropriate units for collective bargaining. 111.70(4)(d)1.1. A representative chosen for the purposes of collective bargaining by a majority of the municipal employees voting in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, shall have the right to present grievances to the municipal employer in person or through representatives of their own choosing, and the municipal employer shall confer with said employee in relation thereto, if the majority representative has been afforded the opportunity to be present at the conferences. Any adjustment resulting from these conferences shall not be inconsistent with the conditions of employment established by the majority representative and the municipal employer.
111.70(4)(d)2.a.a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in
s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.
111.70(4)(d)2.b.
b. Any election held under
subd. 2. a. shall be conducted by secret ballot taken in such a manner as to show separately the wishes of the employees voting as to the unit they prefer.
111.70(4)(d)2.c.
c. A collective bargaining unit shall be subject to termination or modification as provided in this subchapter.
111.70(4)(d)2.d.
d. Nothing in this section shall be construed as prohibiting 2 or more collective bargaining units from bargaining collectively through the same representative.
111.70(4)(d)3.
3. Whenever, in a particular case, a question arises concerning representation or appropriate unit, calling for a vote, the commission shall certify the results in writing to the municipal employer and the labor organization involved and to any other interested parties. Any ballot used in a representation proceeding shall include the names of all persons having an interest in representing or the results. The ballot should be so designed as to permit a vote against representation by any candidate named on the ballot. The findings of the commission, on which a certification is based, shall be conclusive unless reviewed as provided by
s. 111.07 (8).
111.70(4)(d)4.
4. Whenever the result of an election conducted pursuant to
subd. 3. is inconclusive, the commission, on request of any party to the proceeding, may conduct a runoff election. Any such request must be made within 30 days from the date of certification. In a runoff election the commission may drop from the ballot the name of the candidate or choice receiving the least number of votes.
111.70(4)(d)5.
5. Questions as to representation may be raised by petition of the municipal employer or any municipal employee or any representative thereof. Where it appears by the petition that a situation exists requiring prompt action so as to prevent or terminate an emergency, the commission shall act upon the petition forthwith. The fact that an election has been held shall not prevent the holding of another election among the same group of employees, if it appears to the commission that sufficient reason for another election exists.
111.70 Cross-reference
Cross Reference: See also ch.
ERC 11, Wis. adm. code.
111.70(4)(jm)
(jm) Binding arbitration, first class cities. This paragraph shall apply only to members of a police department employed by cities of the 1st class. If the representative of members of the police department, as determined under
par. (d), and representatives of the city reach an impasse on the terms of the agreement, the dispute shall be resolved in the following manner:
111.70(4)(jm)1.
1. Either the representative of the members of the police department or the representative of the city may petition the commission for appointment of an arbitrator to determine the terms of the agreement relating to the wages, hours and working conditions of the members of the police department and other matters subject to arbitration under
subd. 4.
111.70(4)(jm)2.
2. The commission shall conduct a hearing on the petition, and upon a determination that the parties have reached an impasse on matters relating to wages, hours and conditions of employment or other matters subject to arbitration under
subd. 4. on which there is no mutual agreement, the commission shall appoint an arbitrator to determine those terms of the agreement on which there is no mutual agreement. The commission may appoint any person it deems qualified, except that the arbitrator may not be a resident of the city which is party to the dispute.
111.70(4)(jm)3.
3. Within 14 days of the arbitrator's appointment, the arbitrator shall conduct a hearing to determine the terms of the agreement relating to wages, hours and working conditions and other matters subject to arbitration under
subd. 4. The arbitrator may subpoena witnesses at the request of either party or on the arbitrator's own motion. All testimony shall be given under oath. The arbitrator shall take judicial notice of all economic and social data presented by the parties which is relevant to the wages, hours and working conditions of the police department members or other matters subject to arbitration under
subd. 4. The other party shall have an opportunity to examine and respond to such data. The rules of evidence applicable to a contested case, as defined in
s. 227.01 (3), shall apply to the hearing before the arbitrator.
111.70(4)(jm)4.
4. In determining those terms of the agreement on which there is no mutual agreement and on which the parties have negotiated to impasse, as determined by the commission, the arbitrator, without restriction because of enumeration, shall have the power to:
111.70(4)(jm)4.a.
a. Set all items of compensation, including base wages, longevity pay, health, accident and disability insurance programs, pension programs, including amount of pension, relative contributions, and all eligibility conditions, the terms and conditions of overtime compensation and compensatory time, vacation pay, and vacation eligibility, sickness pay amounts, and sickness pay eligibility, life insurance, uniform allowances and any other similar item of compensation.
111.70(4)(jm)4.b.
b. Determine regular hours of work, what activities shall constitute overtime work and all standards and criteria for the assignment and scheduling of work.
111.70(4)(jm)4.c.
c. Determine a seniority system, and how seniority shall affect wages, hours and working conditions.
111.70(4)(jm)4.e.
e. Determine criteria for merit increases in compensation and the procedures for applying such criteria.
111.70(4)(jm)4.f.
f. Determine all work rules affecting the members of the police department, except those work rules created by law.
111.70(4)(jm)4.g.
g. Establish any educational program for the members of the police department deemed appropriate, together with a mechanism for financing the program.
111.70(4)(jm)4.h.
h. Establish a system for resolving all disputes under the agreement, including final and binding 3rd-party arbitration.
111.70(4)(jm)4.i.
i. Determine the duration of the agreement and the members of the department to which it shall apply.
111.70(4)(jm)4.j.
j. Establish a system for administration of the collective bargaining agreement between the parties by an employee of the police department who is not directly accountable to the chief of police or the board of fire and police commissioners in matters relating to that administration.
111.70(4)(jm)4.k.
k. Establish a system for conducting interrogations of members of the police department that is limited to the hours between 7 a.m. and 5 p.m. on working days, as defined in
s. 227.01 (14), if the interrogations could lead to disciplinary action, demotion, or dismissal, but one that does not apply if the interrogation is part of a criminal investigation.
111.70(4)(jm)5.
5. In determining the proper compensation to be received by members of the department under
subd. 4., the arbitrator shall utilize:
111.70(4)(jm)5.a.
a. The most recently published U.S. bureau of labor statistics "Standards of Living Budgets for Urban Families, Moderate and Higher Level", as a guideline to determine the compensation necessary for members to enjoy a standard of living commensurate with their needs, abilities and responsibilities; and
111.70(4)(jm)5.b.
b. Increases in the cost of living as measured by the average annual increases in the U.S. bureau of labor statistics "Consumer Price Index" since the last adjustment in compensation for those members.
111.70(4)(jm)6.
6. In determining all noncompensatory working conditions and relationships under
subd. 4., including methods for resolving disputes under the labor agreement, the arbitrator shall consider the patterns of employee-employer relationships generally prevailing between technical and professional employees and their employers in both the private and public sectors of the economy where those relationships have been established by a labor agreement between the representative of those employees and their employer.
111.70(4)(jm)7.
7. All subjects described in
subd. 4. shall be negotiable between the representative of the members of the police department and the city.
111.70(4)(jm)8.
8. Within 30 days after the close of the hearing, the arbitrator shall issue a written decision determining the terms of the agreement between the parties which were not the subject of mutual agreement and on which the parties negotiated in good faith to impasse, as determined by the commission, and which were the subject of the hearing under this paragraph. The arbitrator shall state reasons for each determination. Each proposition or fact accepted by the arbitrator must be established by a preponderance of the evidence.
111.70(4)(jm)9.
9. Subject to
subds. 11. and
12., within 14 days of the arbitrator's decision, the parties shall reduce to writing the total agreement composed of those items mutually agreed to between the parties and the determinations of the arbitrator. The document shall be signed by the arbitrator and the parties, unless either party seeks judicial review of the determination pursuant to
subd. 11.
111.70(4)(jm)10.
10. All costs of the arbitration hearing, including the arbitrator's fee, shall be borne equally by the parties.
111.70(4)(jm)11.
11. Within 60 days of the arbitrator's decision, either party may petition the circuit court for Milwaukee County to set aside or enforce the arbitrator's decision. If the decision was within the subject matter jurisdiction of the arbitrator as set forth in
subd. 4., the court must enforce the decision, unless the court finds by a clear preponderance of the evidence that the decision was procured by fraud, bribery or collusion. The court may not review the sufficiency of the evidence supporting the arbitrator's determination of the terms of the agreement.
111.70(4)(jm)12.
12. Within 30 days of a final court judgment, the parties shall reduce the agreement to writing and with the arbitrator execute the agreement pursuant to
subd. 9.
111.70(4)(jm)13.
13. Subsequent to the filing of a petition before the commission pursuant to
subd. 1. and prior to the execution of an agreement pursuant to
subd. 9., neither party may unilaterally alter any term of the wages, hours and working conditions of the members of the police department or any other matter subject to arbitration under
subd. 4.
111.70 Cross-reference
Cross Reference: See also ch.
ERC 31, Wis. adm. code.
111.70(4)(L)
(L)
Strikes prohibited. Except as authorized under
par. (cm) 5. and
6. c., nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employee or labor organization, and such strikes are hereby expressly prohibited.
Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under
sub. (7m).
111.70(4)(m)
(m)
Prohibited subjects of bargaining; school district municipal employers. In a school district, the municipal employer is prohibited from bargaining collectively with respect to:
111.70(4)(m)1.
1. Reassignment of municipal employees who perform services for a board of school directors under
ch. 119, with or without regard to seniority, as a result of a decision of the board of school directors to contract with an individual or group to operate a school as a charter school, as defined in
s. 115.001 (1), or to convert a school to a charter school, or the impact of any such reassignment on the wages, hours or conditions of employment of the municipal employees who perform those services.
111.70(4)(m)2.
2. Reassignment of municipal employees who perform services for a board of school directors, with or without regard to seniority, as a result of the decision of the board to close or reopen a school under
s. 119.18 (23), or the impact of any such reassignment on the wages, hours or conditions of employment of the municipal employees who perform those services.
111.70(4)(m)4.
4. Any decision of a board of school directors to contract with a school or agency to provide educational programs under
s. 119.235, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employees who perform services for the board.
111.70(4)(m)6.
6. Solicitation of sealed bids for the provision of group health care benefits for school district professional employees as provided in
s. 120.12 (24).
111.70(4)(mc)
(mc)
Prohibited subjects of bargaining. The municipal employer is prohibited from bargaining collectively with respect to:
111.70(5)
(5) Procedures. Municipal employers, jointly or individually, may employ a qualified person to discharge the duties of labor negotiator and to represent such municipal employers, jointly or individually, in conferences and negotiations under this section. In cities of the 1st, 2nd or 3rd class any member of the city council, including the mayor, who resigns therefrom may, during the term for which the member is elected, be eligible to the position of labor negotiator under this subsection, which position during said term has been created by or the selection to which is vested in such city council, and
s. 66.0501 (2) shall be deemed inapplicable thereto.
111.70(6)
(6) Declaration of policy. The public policy of the state as to labor disputes arising in municipal employment is to encourage voluntary settlement through the procedures of collective bargaining. Accordingly, it is in the public interest that municipal employees so desiring be given an opportunity to bargain collectively with the municipal employer through a labor organization or other representative of the employees' own choice. If such procedures fail, the parties should have available to them a fair, speedy, effective and, above all, peaceful procedure for settlement as provided in this subchapter.
111.70(7)(a)(a) Whoever violates
sub. (4) (L) after an injunction against such a strike has been issued shall be fined $10. After the injunction has been issued, any employee who is absent from work because of purported illness shall be presumed to be on strike unless the illness is verified by a written report from a physician to the employer. Each day of continued violation constitutes a separate offense. The court shall order that any fine imposed under this subsection be paid by means of a salary deduction at a rate to be determined by the court.
111.70(7)(b)
(b) This subsection applies only to municipal employees who are engaged in law enforcement or fire fighting functions.
111.70(7m)
(7m) Injunctive relief; penalties; civil liability. 111.70(7m)(a)(a) Injunction; prohibited strike. At any time after the commencement of a strike which is prohibited under
sub. (4) (L), the municipal employer or any citizen directly affected by such strike may petition the circuit court for an injunction to immediately terminate the strike. If the court determines that the strike is prohibited under
sub. (4) (L), it shall issue an order immediately enjoining the strike, and in addition shall impose the penalties provided in
par. (c).
111.70(7m)(b)
(b) Injunction; threat to public health or safety. At any time after a labor organization gives advance notice of a strike under
sub. (4) (cm) which is expressly authorized under
sub. (4) (cm), the municipal employer or any citizen directly affected by such strike may petition the circuit court to enjoin the strike. If the court finds that the strike poses an imminent threat to the public health or safety, the court shall, within 48 hours after the receipt of the petition but after notice to the parties and after holding a hearing, issue an order immediately enjoining the strike, and in addition shall order the parties to submit a new final offer on all disputed issues to the commission for final and binding arbitration as provided in
sub. (4) (cm). The commission, upon receipt of the final offers of the parties, shall transmit them to the arbitrator or a successor designated by the commission. The arbitrator shall omit preliminary steps and shall commence immediately to arbitrate the dispute.
111.70(7m)(c)1.a.a. Any labor organization which violates
sub. (4) (L) shall be penalized by the suspension of any dues check-off agreement and fair-share agreement between the municipal employer and such labor organization for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the municipal employees covered by such dues check-off or fair-share agreement or the agreement is no longer in effect.
111.70(7m)(c)1.b.
b. Any labor organization which violates
sub. (4) (L) after an injunction has been issued shall be required to forfeit $2 per member per day, but not more than $10,000 per day. Each day of continued violation constitutes a separate offense.
111.70(7m)(c)2.
2. `Individuals.' Any individual who violates
sub. (4) (L) after an injunction against a strike has been issued shall be fined $10. Each day of continued violation constitutes a separate offense. After the injunction has been issued, any municipal employee who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the municipal employer. The court shall order that any fine imposed under this subdivision be paid by means of a salary deduction at a rate to be determined by the court.
111.70(7m)(c)3.
3. `Strike in violation of award.' Any person who authorizes or otherwise participates in a strike after the issuance of any final and binding arbitration award or decision under
sub. (4) (cm) and prior to the end of the term of the agreement which the award or decision amends or creates shall forfeit not less than $15. Each day of continued violation constitutes a separate offense.
111.70(7m)(c)4.
4. `Contempt of court.' The penalties provided in this paragraph do not preclude the imposition by the court of any penalty for contempt provided by law.
111.70(7m)(d)
(d)
Compensation forfeited. No municipal employee may be paid wages or salaries by the municipal employer for the period during which he or she engages in any strike.
111.70(7m)(e)
(e)
Civil liability. Any party refusing to include an arbitration award or decision under
sub. (4) (cm) in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, shall be liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award or decision.
111.70(7m)(f)
(f) Application. This subsection does not apply to strikes involving municipal employees who are engaged in law enforcement or fire fighting functions.
111.70(8)(a)(a) This section, except
subs. (1) (nm),
(4) (cm) and
(7m), applies to law enforcement supervisors employed by a 1st class city. This section, except
subs. (1) (nm),
(4) (cm) and
(jm) and
(7m), 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.
111.70(8)(b)
(b) This subchapter does not preclude law enforcement supervisors employed by municipal employers other than 1st class cities and counties having a population of 500,000 or more or fire fighting supervisors from organizing in separate units of supervisors for the purpose of negotiating with their municipal employers.
111.70 Cross-reference
Cross Reference: See also ch.
ERC 11, Wis. adm. code.
