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)(gr)
(gr) The right of an employee to take leave to participate in an emergency service operation of the Civil Air Patrol under
s. 321.66 (2) (a).
111.91(2)(gu)
(gu) The right of a public safety employee, who is an employee, as defined in
s. 103.88 (1) (d), and who is a fire fighter, emergency medical technician, first responder, or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in
s. 256.15 (1) (n), or a nonprofit corporation, as defined in
s. 256.01 (12), to respond to an emergency as provided under
s. 103.88 (2).
111.91(2)(h)
(h) The rights of employees to have retirement benefits computed under
s. 40.30.
111.91(2)(i)
(i) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under
s. 111.37.
111.91(2)(im)
(im) Employer access to the social networking Internet site of an employee that provides fewer rights and remedies to employees than are provided under
s. 995.55.
111.91(2)(nm)
(nm) The requirements related to providing coverage for a dependent under
s. 632.885 and to continuing coverage for a dependent student on a medical leave of absence under
s. 632.895 (15).
111.91(2)(o)
(o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under
s. 632.85.
111.91(2)(qm)
(qm) The requirements under
s. 632.89 relating to coverage of treatment for nervous and mental disorders and alcoholism and other drug problems.
111.91(2)(r)
(r) The requirements under
s. 609.10 related to offering a point-of-service option plan.
111.91(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.
111.91(3)
(3) The employer is prohibited from bargaining with a collective bargaining unit containing a general employee with respect to any of the following:
111.91(3)(a)
(a) Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions.
111.91(3)(b)
(b) Unless the electors in a statewide referendum approve a total base wages increase that exceeds the total base wages expenditure described in this paragraph, any proposal that does any of the following:
111.91(3)(b)1.
1. If there is an increase in the consumer price index change, provides for total base wages for authorized positions in the proposed collective bargaining agreement that exceeds the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the consumer price index change.
111.91(3)(b)2.
2. If there is a decrease or no change in the consumer price index change, provides for any change in total base wages for authorized positions in the proposed collective bargaining agreement from the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement.
111.91(3q)
(3q) For purposes of determining compliance with
sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a general employee, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.
111.91(4)
(4) The administrator of the division, in connection with the development of tentative collective bargaining agreements to be submitted under
s. 111.92 (1) (a) 1., 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;
2011 a. 10,
32;
2011 a. 260 ss.
30,
80;
2013 a. 20 ss.
2365m,
9448;
2013 a. 166,
208;
2015 a. 55.
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 s. 111.93 (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 administrator of the division 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.
111.92(1)(a)1.1. Any tentative agreement reached between the division and any labor organization representing a collective bargaining unit specified in
s. 111.825 (1) or
(2) (d) or
(e) shall, after official ratification by the labor organization, be submitted by the division to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.
111.92(1)(a)2.
2. Any tentative agreement reached between the Board of Regents of the University of Wisconsin System, acting for the state, and any labor organization representing a collective bargaining unit specified in
s. 111.825 (1r) shall, after official ratification by the labor organization, be submitted by the Board of Regents of the University of Wisconsin System to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.
111.92(1)(a)3.
3. Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in
s. 111.825 (1t) shall, after official ratification by the labor organization, be submitted by the University of Wisconsin-Madison to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.
111.92(1)(a)4.
4. If the committee approves a tentative agreement under
subd. 1.,
2., or
3., 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)(c)
(c) Any tentative agreement reached between the governing board of the charter school established by contract under s.
118.40 (2r) (cm), 2013 stats., acting for the state, and any labor organization representing a collective bargaining unit specified in
s. 111.825 (1r) (ef) 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(3)(a)(a) Agreements covering a collective bargaining unit specified under
s. 111.825 (1) (g) shall coincide with the fiscal year or biennium.
111.92(3)(b)
(b) No agreements covering a collective bargaining unit containing a general employee may be for a period that exceeds one year, and each agreement must coincide with the fiscal year. Agreements covering a collective bargaining unit containing a general employee may not be extended.
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)(a)
(a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under
s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and 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(3)(b)
(b) If a collective bargaining agreement exists between the employer and a labor organization representing general 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, 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). Section 111.91 (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 (1r) (eh),
(ei), or
(er) or
(1t) (er) 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;
2011 a. 32;
2013 a. 20 ss.
2365m,
9448; s. 35.17 correction in (2).
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.
