111.992(2)(a)2.
2. Once authorized, a maintenance of membership agreement shall continue in effect, subject to the right of the employer or the labor organization concerned to notify the commission that it no longer voluntarily agrees to continue the agreement. After the commission is notified, the maintenance of membership agreement is terminated at the termination of the collective bargaining agreement or one year from the notification, whichever is earlier.
111.992(2)(b)
(b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, or creed to receive as a member any employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee or supervisor covered under the agreement, may come before the commission, as provided in
s. 111.07, and petition the commission to make such a finding.
111.992(3)
(3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.
111.992(4)
(4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employees are entitled to vote in a referendum to conduct a referendum under this section.
111.992 History
History: 2009 a. 28.
111.993
111.993
Grievance arbitration. 111.993(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.
111.993(2)
(2) The board shall charge an institution for 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 institution. Each institution so charged shall pay the amount that the board 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).
111.993 History
History: 2009 a. 28.
111.994
111.994
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 joint request of both parties to the dispute. It is the function of a 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.
111.994 History
History: 2009 a. 28.
111.995(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 that has been certified by the commission after an election, as the exclusive representative of employees in an appropriate 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, either party, or the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.
111.995(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. The commission shall certify the results of the investigation. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or, when jointly requested by the parties, a 3-member panel to function as a fact finder.
111.995(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. Upon the request of either party, the fact finder may orally present the recommendations in advance of service of the written findings and recommendations. 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.
111.995(4)
(4) A fact finder may mediate a dispute at any time prior to the issuance of the fact finder's recommendations.
111.995(5)
(5) Within 30 days of the receipt of the fact finder's recommendations or within a 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 the notification to the commission at its Madison office. Failure to comply with this subsection, by the employer or employee representative, is a violation of
s. 111.991 (1) (d) or
(2) (c).
111.995 History
History: 2009 a. 28.
111.996(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. 111.991 (2) (e) or both. It is the responsibility of the board 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.
111.996(2)
(2) The occurrence of a strike and the participation in the strike by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including all of the following:
111.996(2)(a)
(a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating in the strike.
111.996(2)(b)
(b) The right to cancel the reinstatement eligibility of any employee engaging in the strike.
111.996(2)(c)
(c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging in the strike, or to sue for damages because of such strike activity.
111.996 History
History: 2009 a. 28.
111.997
111.997
Management rights. Nothing in this subchapter shall interfere with the right of the board, in accordance with this subchapter, to do any of the following:
111.997(1)
(1) Carry out the statutory mandate and goals assigned to the board by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.
111.997(2)
(2) Suspend, demote, discharge, or take other appropriate disciplinary action against the employee; 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.
111.997 History
History: 2009 a. 28.
111.998
111.998
Subjects of bargaining. 111.998(1)(a)(a) Except as provided in
pars. (b) to
(f), matters subject to collective bargaining to the point of impasse are salaries; fringe benefits consistent with
sub. (2); and hours and conditions of employment.
111.998(1)(b)
(b) The board is not required to bargain on management rights under
s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in
s. 111.997 (2) is a subject of bargaining.
111.998(1)(c)
(c) The board is prohibited from bargaining on matters contained in
sub. (2).
111.998(1)(d)
(d) Except as provided in
sub. (2) (d) and
(e) 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 board 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.
111.998(1)(e)
(e) Demands relating to retirement and group insurance shall be submitted to the board at least one year prior to commencement of negotiations.
111.998(1)(f)
(f) The board is not required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.
111.998(2)
(2) The board is prohibited from bargaining on:
111.998(2)(a)
(a) The mission and goals of the board as set forth in the statutes; the diminution of the right of tenure provided the faculty under
s. 36.13, the rights granted faculty under
s. 36.09 (4) and academic staff under
s. 36.09 (4m), or the rights of appointment provided academic staff under
s. 36.15; or academic freedom.
111.998(2)(c)
(c) Family leave and medical leave rights below the minimum afforded under
s. 103.10. Nothing in this paragraph prohibits the board 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.
111.998(2)(e)
(e) The rights of employees to have retirement benefits computed under
s. 40.30.
111.998(2)(f)
(f) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under
s. 111.37.
111.998(2)(o)
(o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under
s. 632.85.
111.998(2)(r)
(r) The requirements under
s. 609.10 related to offering a point-of-service option plan.
111.998(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.
111.998(3)
(3) Upon request, the chancellor at each institution, or his or her designee, shall meet and confer with the collective bargaining representative, if any, with regard to any issue that is a permissive subject of bargaining, except when the issue is under active consideration by a governance organization under
s. 36.09 (4) or
(4m).
111.998 History
History: 2009 a. 28.
111.999
111.999
Labor proposals. The board 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.
111.999 History
History: 2009 a. 28.
111.9991(1)(1) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in
s. 111.98 shall, after official ratification by the labor organization, be submitted by the board 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 that 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.
111.9991(2)
(2) No portion of any tentative agreement shall become effective separately.
111.9991(3)
(3) Agreements shall coincide with the fiscal year or biennium.
111.9991(4)
(4) The negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.
111.9991(5)
(5) All compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.
111.9991 History
History: 2009 a. 28.
111.9992
111.9992
Status of existing benefits and rights. Unless a prohibited subject of bargaining under
s. 111.998 (2), and except as provided in
ss. 7.33 (4),
40.05,
40.80 (3),
111.998 (1) (d), and
230.35 (2d) and
(3) (e) 6., all statutes and rules governing the salaries, fringe benefits, hours, and conditions of employment apply to each employee, unless otherwise provided in a collective bargaining agreement.
111.9992 History
History: 2009 a. 28.
111.9993
111.9993
Rules, transcripts, fees. 111.9993(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 under this subchapter. 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).
111.9993(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. 111.991. 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. 111.993. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under
s. 111.995. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under
s. 111.994. For the performance of commission actions under
ss. 111.993,
111.994, and
111.995, 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. 111.991, 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).
111.9993 History
History: 2009 a. 28.
