111.825(1t)(em)
(em) The program, project, and teaching assistants of the University of Wisconsin-Madison.
Effective date note
NOTE: Par. (em) is shown as renumbered from sub. (2) (a), in part, and amended, eff. 7-1-13 by
2011 Wis. Act 32.
111.825(1t)(er)
(er) Research assistants of the University of Wisconsin-Madison.
Effective date note
NOTE: Par. (er) is shown as renumbered from sub. (2) (g), in part, and amended, eff. 7-1-13 by
2011 Wis. Act 32.
Effective date note
NOTE: Except as noted above, sub. (1t) is created eff. 7-1-13 by
2011 Wis. Act 32.
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.
Effective date note
NOTE: Sub. (2) is affected eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
(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:
Effective date text
(d) Assistant district attorneys.
Effective date text
(e) Attorneys employed in the office of the state public defender.
111.825(3)
(3) The commission shall assign employees to the appropriate collective bargaining units set forth in
subs. (1) and
(2).
111.825 Note
NOTE: Sub. (3) is affected by
2011 Wis. Acts 10 and
32 and merged by the legislative reference bureau under s. 13.92 (2) (i) effective 7-1-13, as shown below. A missing comma is shown in brackets. Corrective legislation is pending.
Effective date text
(3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1)[,] (1r), (1t), and (2).
111.825(4)
(4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in
sub. (1) or
(2) 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 Note
NOTE: Sub. (4) is affected by
2011 Wis. Acts 10 and
32 and merged by the legislative reference bureau under s. 13.92 (2) (i) effective 7-1-13, as shown below. A missing comma is shown in brackets. Corrective legislation is pending.
Effective date text
(4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1)[,] (1r), (1t), or (2) 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(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 who are not public safety employees may not bargain collectively with respect to any matter other than wages as provided in
s. 111.91 (3), and the certified representative of supervisors who are public safety employees 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)(a)(a) 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).
Effective date note
NOTE: Par. (a) is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
(a) The commission shall assign only an employee of the department of administration, department of transportation, University of Wisconsin-Madison, 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, University of Wisconsin-Madison, 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 a collective bargaining unit under sub. (1) (cm), (1r) (cm), or (1t) (cm), whichever is appropriate.
111.825(6)(b)
(b) The commission may assign only a public safety employee to the collective bargaining unit under
sub. (1) (g).
111.825(7)
(7) Notwithstanding
sub. (3), if on July 1, 2013, an employee of the University of Wisconsin System is assigned to a collective bargaining unit under
sub. (1) or
(2) (a),
(b),
(c),
(g),
(h), or
(i) the commission shall assign the person to the corresponding collective bargaining unit under
sub. (1r) or
(1t), whichever is appropriate. Except as otherwise provided in this subchapter, the commission may not assign any other persons to the collective bargaining units under
sub. (1r) or
(1t).
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
sub. (5), 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)(a)(a) 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(3)(b)
(b) Annually, no later than December 1, the commission shall conduct an election to certify the representative of a collective bargaining unit that contains a general employee. There shall be included on the ballot the names of all labor organizations having an interest in representing the general employees participating in the election. 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 commission shall certify any representative that receives at least 51 percent of the votes of all of the general employees in the collective bargaining unit. If no representative receives at least 51 percent of the votes of all of the general employees in the collective bargaining unit, at the expiration of the collective bargaining agreement, the commission shall decertify the current representative and the general employees shall be nonrepresented. Notwithstanding
s. 111.82, if a representative is decertified under this paragraph, the affected general employees may not be included in a substantially similar collective bargaining unit for 12 months from the date of decertification. The commission's certification of the results of any election is conclusive unless reviewed as provided by
s. 111.07 (8). The commission shall assess and collect a certification fee for each election conducted under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under
s. 20.425 (1) (i).
111.83 Note
NOTE: In the case of Wisconsin Education Association Council, et. al., v. Scott Walker, et. al.,
824 F. Supp. 2d 856 (2012), the United States District Court for the Western District of Wisconsin declared
2011 Wis. Act 10, section
289, which created par. (b), to be null and void.
111.83(4)
(4) Whenever an election has been conducted under
sub. (3) (a) 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.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
(a) This subsection applies only to the collective bargaining unit specified in s. 111.825 (1r) (ec).
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.
Effective date note
NOTE: Par. (b) is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
(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 (1r) (ec), 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.
Effective date note
NOTE: Par. (c) is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
(c) Notwithstanding s. 111.825 (1r) (ec), 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(6)
(6) While a collective bargaining agreement between a labor organization and an employer is in force under this subchapter, a petition for an election in the collective bargaining unit to which the agreement applies may only be filed during October in the calendar year prior to the expiration of that agreement. An election held under that petition may be held only if the petition is supported by proof that at least 30% of the employees in the collective bargaining unit desire a change or discontinuance of existing representation. Within 60 days of the time that an original petition is filed, another petition may be filed supported by proof that at least 10% of the employees in the same collective bargaining unit desire a different representative. If a majority of the employees in the collective bargaining unit vote for a change or discontinuance of representation by any named representative, the decision takes effect upon expiration of any existing collective bargaining agreement between the employer and the existing representative.
111.83(7)(b)(b) Notwithstanding
subs. (1),
(3) and
(6) and
s. 111.825 (4), if on July 1, 2013, there is a representative recognized or certified to represent the employees in any of the collective bargaining units specified in
s. 111.825 (1) (a) to
(f), that representative shall become the representative of the employees in the corresponding collective bargaining units specified in
s. 111.825 (1r) (a) to
(f) or
(1t) (a) to
(f), whichever is appropriate, without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section during October 2014 or at any subsequent time when
sub. (6) applies.
111.83 Cross-reference
Cross-reference: See also ch.
ERC 21, Wis. adm. code.
111.83 Annotation
The state cannot articulate a rational basis for picking and choosing from among public unions that must annually obtain an absolute majority of their voluntary members to remain in existence and those that are entitled to voluntary assistance with fundraising by automatic deduction on a rational basis that does not offend the first amendment. So long as the state continues to afford ordinary certification and dues deductions to mandatory public safety unions with sweeping bargaining rights, there is no rational basis to deny those rights to voluntary general unions with severely restricted bargaining rights. Wisconsin Education Association Council v. Walker,
824 F. Supp. 2d 856 (2012).
111.84
111.84
Unfair labor practices. 111.84(1)
(1) It is an unfair labor practice for an employer individually or in concert with others:
111.84(1)(a)
(a) To interfere with, restrain or coerce employees in the exercise of their rights guaranteed in
s. 111.82.
111.84(1)(b)
(b) Except as otherwise provided in this paragraph, to initiate, create, dominate or interfere with the formation or administration of any labor or employee organization or contribute financial support to it. Except as provided in
ss. 40.02 (22) (e) and
40.23 (1) (f) 4., no change in any law affecting the Wisconsin retirement system under
ch. 40 and no action by the employer that is authorized by such a law constitutes a violation of this paragraph unless an applicable collective bargaining agreement covering a collective bargaining unit under
s. 111.825 (1) (g) specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively with a collective bargaining unit under
s. 111.825 (1) (g) regarding the Wisconsin retirement system under
ch. 40 to the extent required by
s. 111.91 (1). It is not an unfair labor practice for the employer to reimburse an employee at his or her prevailing wage rate for the time spent during the employee's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter. Professional supervisory or craft personnel may maintain membership in professional or craft organizations; however, as members of such organizations they shall be prohibited from those activities related to collective bargaining in which the organizations may engage.
111.84(1)(c)
(c) To encourage or discourage membership in any labor organization by discrimination in regard to hiring, tenure or other terms or conditions of employment. This paragraph does not apply to fair-share or maintenance of membership agreements.
111.84(1)(d)
(d) To refuse to bargain collectively on matters set forth in
s. 111.91 (1) or
(3), whichever is appropriate, with a representative of a majority of its employees in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.
111.84(1)(e)
(e) To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting employees, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such award as final and binding upon them.
111.84(1)(f)
(f) To deduct labor organization dues from the earnings of a public safety employee, unless the employer has been presented with an individual order therefor, signed by the public safety employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.
111.84(1)(g)
(g) To use any moneys received for any purpose to discourage, to train any supervisor, management employee, or other employee to discourage, or to contract with any person for the purposes of discouraging, employees in the exercise of their rights guaranteed under
s. 111.82.
111.84(2)
(2) It is unfair practice for an employee individually or in concert with others:
111.84(2)(a)
(a) To coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed under
s. 111.82.
111.84(2)(b)
(b) To coerce, intimidate or induce any officer or agent of the employer to interfere with any of the employer's employees in the enjoyment of their legal rights including those guaranteed under
s. 111.82 or to engage in any practice with regard to its employees which would constitute an unfair labor practice if undertaken by the officer or agent on the officer's or agent's own initiative.
111.84(2)(c)
(c) To refuse to bargain collectively on matters set forth in
s. 111.91 (1) or
(3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in
s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in
s. 111.81 (7) (b) to
(f) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.
