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.
111.84 Note
NOTE: Par. (c) is shown below as affected by
2011 Wis. Acts 10 and
32 and as merged by the legislative reference bureau under s. 13.92 (2) (i) effective 7-1-13:
Effective date text
(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) (ar) 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.
111.84(2)(d)
(d) To violate the provisions of any written agreement with respect to terms 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 awards as final and binding upon them.
111.84(2)(e)
(e) To engage in, induce or encourage any employees to engage in a strike, or a concerted refusal to work or perform their usual duties as employees.
111.84(2)(f)
(f) To coerce or intimidate a supervisory employee, officer or agent of the employer, working at the same trade or profession as the employer's employees, to induce the person to become a member of or act in concert with the labor organization of which the employee is a member.
111.84(3)
(3) It is an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by
sub. (1) or
(2).
111.84(4)
(4) Any controversy concerning unfair labor practices may be submitted to the commission as provided in
s. 111.07, except that the commission shall fix hearing on complaints involving alleged violations of
sub. (2) (e) within 3 days after filing of such complaints, and notice shall be given to each party interested by service on the party personally, or by telegram, advising the party of the nature of the complaint and of the date, time and place of hearing thereon. The commission may in its discretion appoint a substitute tribunal to hear unfair labor practice charges by either appointing a 3-member panel or submitting a 7-member panel to the parties and allowing each to strike 2 names. Such panel shall report its finding to the commission for appropriate action.
111.84 Cross-reference
Cross-reference: See also ch.
ERC 22, Wis. adm. code.
111.84 Annotation
The state's termination of an employee, in part because of the employee's participation in union activities, violated the state employment labor relations act (SELRA), subch. V, ch. 111. State v. WERC,
122 Wis. 2d 132,
361 N.W.2d 660 (1985).
111.84 Annotation
Unfair labor practices and collective bargaining regarding pensions as to state employees discussed. 64 Atty. Gen. 18.
111.845
111.845
Wage deduction prohibition. The employer may not deduct labor organization dues from a general employee's earnings.
111.845 History
History: 2011 a. 10.
111.845 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
298, which created s. 111.845, to be null and void.
111.845 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).
111.85
111.85
Fair-share and maintenance of membership agreements. 111.85(1)(a)
(a) No fair-share or maintenance of membership agreement covering public safety employees may become effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30% of the public safety employees in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.
111.85(1)(b)
(b) For a fair-share agreement to be authorized, at least two-thirds of the eligible public safety employees voting in a referendum shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible public safety employees voting in a referendum shall vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible public safety employees vote in favor of the agreement, a maintenance of membership agreement is authorized.
111.85(1)(c)
(c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employees affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety employees or local labor organizations which may arise for actions taken by the employer in compliance with this section. All such lawful claims, demands, suits and other forms of liability are the responsibility of the labor organization entering into the agreement.
111.85(1)(d)
(d) Under each fair-share or maintenance of membership agreement, a public safety employee who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the public safety employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.
111.85(2)(a)(a) Once authorized, a fair-share or maintenance of membership agreement covering public safety employees shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30% of the public safety employees in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.
111.85(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 public safety employee 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 public safety employee covered thereby, may come before the commission, as provided in
s. 111.07, and petition the commission to make such a finding.
111.85(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.
111.85(4)
(4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose public safety employees are entitled to vote in a referendum to conduct a referendum provided for herein.
111.85(5)(b)(b) Notwithstanding
sub. (1), if on July 1, 2013, there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in
s. 111.825 (1) (a) to
(f), that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under
s. 111.825 (1r) (a) to
(f) or
(1t) (a) to
(f), whichever is appropriate, without the necessity of filing a petition or conducting a referendum, subject to the right of the employees in each collective bargaining unit to file a petition requesting a referendum under
sub. (2) (a).
111.85 Cross-reference
Cross-reference: See also ch.
ERC 26, Wis. adm. code.
111.85 Annotation
The constitutional requirements of a union's collection of agency fees under a fair-share agreement include: 1) an adequate explanation of the basis of the fee; 2) a reasonably prompt opportunity to challenge the amount of the fee before an impartial decisionmaker; and 3) an escrow for the amounts reasonably in dispute. Browne v. WERC,
169 Wis. 2d 79,
485 N.W.2d 376 (1992).
111.85 Annotation
To be chargeable to nonunion, public sector employees under a fair share agreement, union activities must: 1) be germane to collective bargaining activity; 2) be justified by the government's vital policy interest in labor peace and avoiding "free riders;" and 3) not significantly add to the burdening of free speech that is inherent in an agency or union shop. Browne v. WERC,
169 Wis. 2d 79,
485 N.W.2d 376 (1992).
111.86
111.86
Grievance arbitration. 111.86(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.
111.86(2)
(2) The office shall charge a state department or agency 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 state department or agency. Each state department or agency so charged shall pay the amount that the office 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).
111.86 Cross-reference
Cross-reference: See also ch.
ERC 23, Wis. adm. code.
111.87
111.87
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 request of one of the parties to the dispute. It is the function of such 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.
111.87 History
History: 1971 c. 270.
111.87 Cross-reference
Cross-reference: See also ch.
ERC 24, Wis. adm. code.
111.88(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 which has been certified by the commission after an election, or, in the case of a representative of employees specified in
s. 111.81 (7) (a), has been duly recognized by the employer, as the exclusive representative of employees in an appropriate collective 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, the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.
111.88(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. After its investigation, the commission shall certify the results thereof. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or 3-member panel, when jointly requested by the parties, to function as a fact finder.
111.88(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. 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.
111.88(4)
(4) Nothing herein shall be construed as prohibiting any fact finder from endeavoring to mediate the dispute at any time prior to the issuance of the fact finder's recommendations.
111.88(5)
(5) Within 30 days of the receipt of the fact finder's recommendations or within such 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 such notification to the commission at its Madison office. Failure to comply with this subsection, by the state employer or employee representative, constitutes a violation of
s. 111.84 (1) (d) or
(2) (c).
111.88 Cross-reference
Cross-reference: See also chs.
ERC 25 and
40, Wis. adm. code.
111.89
111.89
Strike prohibited. 111.89(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. 111.84 (2) (e) or both. It is the responsibility of the office 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.
111.89(2)
(2) The occurrence of a strike and the participation therein by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including:
111.89(2)(a)
(a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating therein;
111.89(2)(b)
(b) The right to cancel the reinstatement eligibility of any employee engaging therein; and
111.89(2)(c)
(c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging therein, or to sue for damages because of such strike activity.
111.90
111.90
Management rights. Nothing in this subchapter shall interfere with the right of the employer, in accordance with this subchapter to:
111.90(1)
(1) Carry out the statutory mandate and goals assigned to a state agency by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.
111.90(2)
(2) Manage the employees of a state agency; hire, promote, transfer, assign or retain employees in positions within the agency; and in that regard establish reasonable work rules.
111.90(3)
(3) Suspend, demote, discharge or take other appropriate disciplinary action against the employee for just cause; 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.
111.91
111.91
Subjects of bargaining. 111.91(1)(a)(a) Except as provided in
pars. (b) to
(d), with regard to a collective bargaining unit under
s. 111.825 (1) (g), matters subject to collective bargaining to the point of impasse are wage rates, consistent with
sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified public safety employees to duties of a higher classification or downward reallocations of a classified public safety employee's position; fringe benefits consistent with
sub. (2); hours and conditions of employment.
111.91(1)(b)
(b) The employer is not required to bargain with a collective bargaining unit under
s. 111.825 (1) (g) on management rights under
s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in
s. 111.90 (3) shall be a subject of bargaining.
111.91(1)(c)
(c) The employer is prohibited from bargaining with a collective bargaining unit under
s. 111.825 (1) (g) on matters contained in
sub. (2).
111.91(1)(cm)
(cm) Except as provided in
sub. (2) 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 employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to the public safety employees.
111.91(1)(d)
(d) In the case of a collective bargaining unit under
s. 111.825 (1) (g), demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.
111.91(2)
(2) The employer is prohibited from bargaining with a collective bargaining unit under
s. 111.825 (1) (g) with respect to all of the following:
111.91(2)(a)
(a) The mission and goals of state agencies as set forth in the statutes.
111.91(2)(b)
(b) Policies, practices and procedures of the civil service merit system relating to:
111.91(2)(b)1.
1. Original appointments and promotions specifically including recruitment, examinations, certification, policies with respect to probationary periods and appointments, but not including transfers between positions allocated to classifications that are assigned to the same pay range or an identical pay range in a different pay schedule, within the same collective bargaining unit or another collective bargaining unit represented by the same labor organization.
111.91(2)(b)2.
2. The job evaluation system specifically including position classification and reclassification, position qualification standards, establishment and abolition of classifications, and allocation and reallocation of positions to classifications; and the determination of an incumbent's status, other than pay status, resulting from position reallocations.
111.91(2)(f)
(f) Family leave and medical leave rights below the minimum afforded under
s. 103.10. Nothing in this paragraph prohibits the employer 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.
111.91(2)(fm)
(fm) If the collective bargaining unit contains a public safety employee initially employed on or after July 1, 2011, the requirement under
s. 40.05 (1) (b) that the employer may not pay, on behalf of that public safety employee, any employee required contributions or the employee share of required contributions and the impact of this requirement on the wages, hours, and conditions of employment of that public safety employee.
111.91(2)(g)
(g) An increase in benefit adjustment contribution rates under
s. 40.05 (2n) (a) 3.
111.91 Note
NOTE: Section 40.05 (2n) was repealed by
2011 Wis. Act 10. Corrective legislative is pending.
