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;
2007 a. 36;
2009 a. 14,
28,
56,
140,
218,
276,
346; s. 13.92 (1) (bm) 2., (2) (i).
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, or, as provided in
s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in
s. 111.825 (1),
(2) (a) to
(e), or
(2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services 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(2m)
(2m) A collective bargaining agreement entered into by a collective bargaining unit specified in
s. 111.825 (2g) may not take effect before July 1, 2011.
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
Courts have no jurisdiction to review legislative rules of proceeding, which are those rules having "to do with the process the legislature uses to propose or pass legislation or how it determines the qualifications of its members." Sub. (1) (a) does not set forth a legislative rule of proceeding. Milwaukee Journal Sentinel v. DOA, 2009 WI 79,
319 Wis. 2d 439,
768 N.W.2d 700,
07-1160.
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.
111.93 Annotation
A statutory provision that is being superseded by a collective bargaining agreement under sub. (3) must relate to conditions of employment. The disclosure requirement of the public records law, s. 19.35 (1) (a) relates to informing the public about the affairs of government through the provision of public records and does not relate to conditions of employment as that term is used in sub. (3) and a bargaining agreement provision does not supersede s. 19.35 (1) (a). Milwaukee Journal Sentinel v. DOA, 2009 WI 79,
319 Wis. 2d 439,
768 N.W.2d 700,
07-1160.
111.935
111.935
Representatives and elections for research assistants. 111.935(1)(1) In this section, "authorization card" means a signed card that employees complete to indicate their preferences regarding collective bargaining.
111.935(2)
(2) Notwithstanding
s. 111.83 (2), the commission shall establish a procedure whereby research assistants may determine whether to form themselves into collective bargaining units under
s. 111.825 (2) (g),
(h), or
(i) by authorization cards in lieu of secret ballot. The procedure shall provide that once a majority of research assistants have indicated their preference on the authorization cards to form themselves into a collective bargaining unit, the collective bargaining unit is established.
111.935 History
History: 2009 a. 28.
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).
111.94(2)
(2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under
s. 111.84. 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. 111.86. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under
s. 111.88. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under
s. 111.87. For the performance of commission actions under
s. 111.86,
111.87 and
111.88, 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 an unfair labor practice has been committed under
s. 111.84, 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 labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request 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. Fees collected under this subsection shall be credited to the appropriation account under
s. 20.425 (1) (i).
111.94(3)
(3) The commission may provide training programs to individuals and organizations on collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining, and may charge a reasonable fee for participation in the programs.
111.94 Cross-reference
Cross-reference: See also ch.
ERC 50, Wis. adm. code.
UNIVERSITY OF WISCONSIN SYSTEM
FACULTY AND ACADEMIC STAFF LABOR RELATIONS
111.95
111.95
Declaration of policy. The public policy of the state as to labor relations and collective bargaining involving faculty and academic staff at the University of Wisconsin System, in furtherance of which this subchapter is enacted, is as follows:
111.95(1)
(1) The people of the state of Wisconsin have a fundamental interest in developing harmonious and cooperative labor relations within the University of Wisconsin System.
111.95(2)
(2) 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 rights of the others.
111.95 History
History: 2009 a. 28.
111.96
111.96
Definitions. In this subchapter:
111.96(1)
(1) "Academic staff" has the meaning given under
s. 36.05 (1), but does not include any individual holding an appointment under
s. 36.13 or
36.15 (2m) or who is appointed to a visiting faculty position.
111.96(2)
(2) "Board" means the Board of Regents of the University of Wisconsin System.
111.96(3)
(3) "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. 111.998 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.
111.96(5)
(5) "Commission" means the employment relations commission.
111.96(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.
111.96(7)(a)
(a) All faculty, including specifically faculty who are supervisors or management employees, but not including faculty holding a limited appointment under
s. 36.17 or deans.
111.96(7)(b)
(b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.
111.96(8)
(8) "Employer" means the state of Wisconsin.
111.96(9)
(9) "Faculty" has the meaning given in
s. 36.05 (8), except for an individual holding an appointment under
s. 36.15.
111.96(10)
(10) "Fair-share agreement" means an agreement between the employer and a labor organization representing employees under which all of the employees 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.
111.96(12)
(12) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.
111.96(13)
(13) "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 does not include any organization that does any of the following:
111.96(13)(a)
(a) Advocates the overthrow of the constitutional form of government in the United States.
111.96(13)(b)
(b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.
111.96(14)
(14) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees that requires that all of the employees whose dues are being deducted from earnings under
s. 20.921 (1) or
111.992 at or after 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 who are hired on or after the effective date of the agreement.
111.96(15)
(15) "Management employees" include those personnel engaged predominately in executive and managerial functions.
111.96(16)
(16) "Office" means the office of state employment relations in the department of administration.
111.96(17)
(17) "Referendum" means a proceeding conducted by the commission in which employees, or supervisors specified in
s. 111.98 (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 agreement or to terminate a fair-share agreement.
111.96(18)
(18) "Representative" includes any person chosen by an employee to represent the employee.
111.96(19)
(19) "Strike" includes any strike or other concerted stoppage of work by employees, 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.
111.96(20)
(20) "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, lay off, 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.
111.96(21)
(21) "Unfair labor practice" means any unfair labor practice specified in
s. 111.991.
111.96 History
History: 2009 a. 28.
111.965
111.965
Duties of the state. 111.965(1)(1) In the furtherance of this subchapter, the state shall be considered as a single employer. The board shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the board shall maintain close liaison with the office relative to the negotiation of agreements and the fiscal ramifications of those agreements. The board shall coordinate its collective bargaining activities with the office. The legislative branch shall act upon those portions of tentative agreements negotiated by the board that require legislative action.
111.965(2)
(2) The board shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The board shall coordinate its actions with the director of the office.
111.965 History
History: 2009 a. 28.
111.97
111.97
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 such activities.
111.97 History
History: 2009 a. 28.
111.98
111.98
Collective bargaining units. 111.98(1)
(1) Collective bargaining units for faculty and staff in the unclassified service of the state shall be structured with a collective bargaining unit for each of the following groups:
111.98(1)(a)
(a) Faculty of the University of Wisconsin-Madison.
111.98(1)(b)
(b) Faculty of the University of Wisconsin-Milwaukee.
111.98(1)(c)
(c) Faculty of the University of Wisconsin-Extension.
111.98(1)(cm)
(cm) Faculty of the University of Wisconsin-Eau Claire.
111.98(1)(d)
(d) Faculty of the University of Wisconsin-Green Bay.
111.98(1)(dm)
(dm) Faculty of the University of Wisconsin-La Crosse.
111.98(1)(e)
(e) Faculty of the University of Wisconsin-Oshkosh.
111.98(1)(em)
(em) Faculty of the University of Wisconsin-Parkside.
111.98(1)(f)
(f) Faculty of the University of Wisconsin-Platteville.
