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(17m)
(17m) "Research assistant" means a graduate student enrolled in the University of Wisconsin System who is receiving a stipend to conduct research that is primarily for the benefit of the student's own learning and research and which is independent or self-directed, but does not include students provided fellowships, scholarships, or traineeships which are distributed through other titles such as advanced opportunity fellow, fellow, scholar, or trainee, and does not include students with either an F-1 or a J-1 visa issued by the federal department of state.
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 except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in
s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in
s. 111.825 (2g), 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),
(2) (f), and
(2g), 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. With respect to the collective bargaining unit specified in
s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch 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),
(2) (f), and
(2g). 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.
111.82
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
sub. (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 employees 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 employees 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(2)(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).
111.825(2)(g)
(g) Research assistants of the University of Wisconsin-Madison and University of Wisconsin-Extension.
111.825(2)(h)
(h) Research assistants of the University of Wisconsin-Milwaukee.
111.825(2)(i)
(i) Research 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(2g)
(2g) A collective bargaining unit for employees who are home care providers shall be structured as a single statewide collective bargaining unit.
111.825(3)
(3) The commission shall assign employees to the appropriate collective bargaining units set forth in
subs. (1),
(1m),
(2), and
(2g).
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),
(2), or
(2g) 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 employees 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 employees 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 employees 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 employees. 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 employee 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 employee 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 employees; and an employee 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).
111.825 Cross-reference
Cross-reference: See also ch.
ERC 27, Wis. adm. code.
111.83
111.83
Representatives and elections. 111.83(1)
(1) Except as provided in
subs. (5) and
(5m), a representative chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees 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 employee or group of employees 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 employees 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 employees 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 employees in a collective bargaining unit the commission shall determine the representative thereof by taking a secret ballot of the employees and certifying in writing the results thereof to the interested parties and to the director of the office. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees 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 employees 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 employees 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 employees 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 employees 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 employees at any institution included within the collective bargaining unit at which no petition is filed and no election is held or at which the employees 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 employees 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 employees 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 employees 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 employees 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 employees 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 employees 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 employees voting at the institution who are included within the collective bargaining unit vote to participate in collective bargaining, the employees 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 employees 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 employees at all institutions at which employees 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 employees at one or more, but not all, of the institutions at which employees 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 employees 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 employees 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 employees included in the collective bargaining unit at all institutions at which employees 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 employees 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 employees included in the collective bargaining unit at all institutions at which employees have voted to become a part of the unit elect to participate in collective bargaining, but a majority of the employees at one or more of the institutions elect not to participate in collective bargaining, then only the employees at those institutions electing not to participate shall not be considered a part of that collective bargaining unit.
111.83(5m)(am)1.1. Subject to
subd. 2., the department of health services shall provide a labor organization with the list of home care providers provided to the department of health services under
s. 52.20 (5) if any of the following apply:
111.83(5m)(am)1.a.
a. The labor organization demonstrates a showing of interest of at least 3 percent of home care providers included in the collective bargaining unit under
s. 111.825 (2g) to be represented by that labor organization.
