AB75-ASA1, s. 2217h 9Section 2217h. 111.327 of the statutes is created to read:
AB75-ASA1,1188,13 10111.327 Construction contractors. Any employer described in s. 108.18 (2)
11(c) who willfully and with intent to evade any requirement of this subchapter
12misclassifies or attempts to misclassify an individual who is an employee of the
13employer as a nonemployee shall be fined $25,000 for each violation.
AB75-ASA1, s. 2220 14Section 2220. 111.70 (1) (a) of the statutes, as affected by 2009 Wisconsin Act
1515
, is amended to read:
AB75-ASA1,1189,1316 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
17obligation of a municipal employer, through its officers and agents, and the
18representative of its municipal employees in a collective bargaining unit, to meet and
19confer at reasonable times, in good faith, with the intention of reaching an
20agreement, or to resolve questions arising under such an agreement, with respect to
21wages, hours and conditions of employment, and with respect to a requirement of the
22municipal employer for a municipal employee to perform law enforcement and fire
23fighting services under s. 61.66, except as provided in subs. (3m) , (3p), and (4) (m)
24and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and
25confer with respect to any proposal to diminish or abridge the rights guaranteed to

1municipal employees under ch. 164. The duty to bargain, however, does not compel
2either party to agree to a proposal or require the making of a concession. Collective
3bargaining includes the reduction of any agreement reached to a written and signed
4document. The municipal employer shall not be required to bargain on subjects
5reserved to management and direction of the governmental unit except insofar as the
6manner of exercise of such functions affects the wages, hours and conditions of
7employment of the municipal employees in a collective bargaining unit. In creating
8this subchapter the legislature recognizes that the municipal employer must
9exercise its powers and responsibilities to act for the government and good order of
10the jurisdiction which it serves, its commercial benefit and the health, safety and
11welfare of the public to assure orderly operations and functions within its
12jurisdiction, subject to those rights secured to municipal employees by the
13constitutions of this state and of the United States and by this subchapter.
AB75-ASA1, s. 2221 14Section 2221. 111.70 (1) (b) of the statutes is amended to read:
AB75-ASA1,1189,1815 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal
16employees who are school district professional employees or of municipal employees
17who are not school district professional employees that is determined by the
18commission to be appropriate for the purpose of collective bargaining.
AB75-ASA1, s. 2222 19Section 2222. 111.70 (1) (dm) of the statutes is repealed.
AB75-ASA1, s. 2223 20Section 2223. 111.70 (1) (fm) of the statutes is repealed.
AB75-ASA1, s. 2224 21Section 2224. 111.70 (1) (nc) of the statutes is repealed.
AB75-ASA1, s. 2224s 22Section 2224s. 111.70 (1) (nd) of the statutes is created to read:
AB75-ASA1,1189,2423 111.70 (1) (nd) "School district employee" means a municipal employee who is
24employed to perform services for a school district.
AB75-ASA1, s. 2225 25Section 2225. 111.70 (1) (ne) of the statutes is repealed.
AB75-ASA1, s. 2225p
1Section 2225p. 111.70 (3p) of the statutes is created to read:
AB75-ASA1,1190,62 111.70 (3p) Child care provider services unit. A collective bargaining
3agreement that covers municipal employees performing services for the child care
4provider services unit under s. 49.826 shall contain a provision that permits the
5terms of the agreement to be modified with respect to hours and conditions of
6employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
AB75-ASA1, s. 2226 7Section 2226. 111.70 (4) (cm) 5. of the statutes is amended to read:
AB75-ASA1,1190,198 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
9other impasse resolution procedures provided in this paragraph, a municipal
10employer and labor organization may at any time, as a permissive subject of
11bargaining, agree in writing to a dispute settlement procedure, including
12authorization for a strike by municipal employees or binding interest arbitration,
13which is acceptable to the parties for resolving an impasse over terms of any
14collective bargaining agreement under this subchapter. A copy of such agreement
15shall be filed by the parties with the commission. If the parties agree to any form of
16binding interest arbitration, the arbitrator shall give weight to the factors
17enumerated under subds. 7., and 7g. for a collective bargaining unit consisting of
18municipal employees who are not school district employees
and under subd. 7r. for
19a collective bargaining unit consisting of municipal employees.
AB75-ASA1, s. 2227 20Section 2227. 111.70 (4) (cm) 5s. of the statutes is amended to read:
AB75-ASA1,1192,1621 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit
22consisting of that includes school district professional employees, the municipal
23employer or the labor organization may petition the commission to determine
24whether the municipal employer has submitted a qualified economic offer with
25respect to school district professional employees
. The commission shall appoint an

1investigator for that purpose. If the investigator finds that the municipal employer
2has submitted such a qualified economic offer, the investigator shall determine
3whether a deadlock exists between the parties with respect to all economic issues
4affecting school district professional employees. If the municipal employer submits
5such a qualified economic offer applicable to any period beginning on or after
6July 1, 1993, no economic issues affecting school district professional employees are
7subject to interest arbitration under subd. 6. for that period, except that only the
8impact of contracting out or subcontracting work that would otherwise be performed
9by municipal employees in the collective bargaining unit is subject to interest
10arbitration under subd. 6. In such a collective bargaining unit, economic issues
11concerning the wages, hours or conditions of employment of the school district
12professional employees in the unit for any period prior to July 1, 1993, are subject
13to interest arbitration under subd. 6. for that period. In such a collective bargaining
14unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject
15to interest arbitration after the parties have reached agreement and stipulate to
16agreement on all economic issues concerning the wages, hours or conditions of
17employment of the school district professional employees in the unit for that period.
18In such a collective bargaining unit, if the commission's investigator finds that the
19municipal employer has submitted a qualified economic offer with respect to school
20district professional employees
and that a deadlock exists between the parties with
21respect to all economic issues affecting school district professional employees, the
22municipal employer may implement the qualified economic offer. On the 90th day
23prior to expiration of the period included within the qualified economic offer, if no
24agreement exists on that day, the parties are deemed to have stipulated to the
25inclusion in a new or revised collective bargaining agreement of all provisions of any

1predecessor collective bargaining agreement concerning economic issues affecting
2school district professional employees
, or of all provisions of any existing collective
3bargaining agreement concerning these economic issues if the parties have reopened
4negotiations under an existing agreement, as modified by the terms of the qualified
5economic offer and as otherwise modified by the parties. In such a collective
6bargaining unit, on and after that 90th day, a municipal employer that refuses to
7bargain collectively with respect to the terms of that stipulation, applicable to the
890-day period prior to expiration of the period included within the qualified
9economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation
10after August 11, 1993, during the 90-day period prior to expiration of the period
11included within such a qualified economic offer, operates as a full, final and complete
12settlement of all economic issues affecting school district professional employees
13between the parties for the period included within the qualified economic offer. The
14failure of a labor organization to recognize the validity of such a lawful qualified
15economic offer does not affect the obligation of the municipal employer to submit
16economic issues to arbitration under subd. 6.
AB75-ASA1, s. 2227b 17Section 2227b. 111.70 (4) (cm) 5s. of the statutes, as affected by 2009
18Wisconsin Act .... (this act), is repealed.
AB75-ASA1, s. 2228 19Section 2228. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
AB75-ASA1,1193,1020 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one
21or more issues, qualifying for interest arbitration under subd. 5s. in a collective
22bargaining unit to which subd. 5s. applies,
has not been settled after a reasonable
23period of negotiation and after mediation by the commission under subd. 3. and other
24settlement procedures, if any, established by the parties have been exhausted, and
25the parties are deadlocked with respect to any dispute between them over wages,

1hours and conditions of employment to be included in a new collective bargaining
2agreement, either party, or the parties jointly, may petition the commission, in
3writing, to initiate compulsory, final and binding arbitration, as provided in this
4paragraph. At the time the petition is filed, the petitioning party shall submit in
5writing to the other party and the commission its preliminary final offer containing
6its latest proposals on all issues in dispute. Within 14 calendar days after the date
7of that submission, the other party shall submit in writing its preliminary final offer
8on all disputed issues to the petitioning party and the commission. If a petition is
9filed jointly, both parties shall exchange their preliminary final offers in writing and
10submit copies to the commission at the time the petition is filed.
AB75-ASA1, s. 2229 11Section 2229. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
AB75-ASA1,1195,512 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
13commission shall make an investigation, with or without a formal hearing, to
14determine whether arbitration should be commenced. If in determining whether an
15impasse exists the commission finds that the procedures set forth in this paragraph
16have not been complied with and such compliance would tend to result in a
17settlement, it may order such compliance before ordering arbitration. The validity
18of any arbitration award or collective bargaining agreement shall not be affected by
19failure to comply with such procedures. Prior to the close of the investigation each
20party shall submit in writing to the commission its single final offer containing its
21final proposals on all issues in dispute that are subject to interest arbitration under
22this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s.
23applies
. If a party fails to submit a single, ultimate final offer, the commission shall
24close the investigation based on the last written position of the party. The municipal
25employer may not submit a qualified economic offer under subd. 5s. after the close

1of the investigation.
Such final offers may include only mandatory subjects of
2bargaining, except that a permissive subject of bargaining may be included by a
3party if the other party does not object and shall then be treated as a mandatory
4subject. No later than such time, the parties shall also submit to the commission a
5stipulation, in writing, with respect to all matters which are agreed upon for
6inclusion in the new or amended collective bargaining agreement. The commission,
7after receiving a report from its investigator and determining that arbitration should
8be commenced, shall issue an order requiring arbitration and immediately submit
9to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
10alternately strike names until a single name is left, who shall be appointed as
11arbitrator. The petitioning party shall notify the commission in writing of the
12identity of the arbitrator selected. Upon receipt of such notice, the commission shall
13formally appoint the arbitrator and submit to him or her the final offers of the
14parties. The final offers shall be considered public documents and shall be available
15from the commission. In lieu of a single arbitrator and upon request of both parties,
16the commission shall appoint a tripartite arbitration panel consisting of one member
17selected by each of the parties and a neutral person designated by the commission
18who shall serve as a chairperson. An arbitration panel has the same powers and
19duties as provided in this section for any other appointed arbitrator, and all
20arbitration decisions by such panel shall be determined by majority vote. In lieu of
21selection of the arbitrator by the parties and upon request of both parties, the
22commission shall establish a procedure for randomly selecting names of arbitrators.
23Under the procedure, the commission shall submit a list of 7 arbitrators to the
24parties. Each party shall strike one name from the list. From the remaining 5
25names, the commission shall randomly appoint an arbitrator. Unless both parties

1to an arbitration proceeding otherwise agree in writing, every individual whose
2name is submitted by the commission for appointment as an arbitrator shall be a
3resident of this state at the time of submission and every individual who is
4designated as an arbitration panel chairperson shall be a resident of this state at the
5time of designation.
AB75-ASA1, s. 2230 6Section 2230. 111.70 (4) (cm) 7. of the statutes is amended to read:
AB75-ASA1,1195,157 111.70 (4) (cm) 7. `Factor given greatest weight.' In making any decision under
8the arbitration procedures authorized by this paragraph, except for any decision
9involving a collective bargaining unit consisting of school district employees,
the
10arbitrator or arbitration panel shall consider and shall give the greatest weight to
11any state law or directive lawfully issued by a state legislative or administrative
12officer, body or agency which places limitations on expenditures that may be made
13or revenues that may be collected by a municipal employer. The arbitrator or
14arbitration panel shall give an accounting of the consideration of this factor in the
15arbitrator's or panel's decision.
AB75-ASA1, s. 2231 16Section 2231. 111.70 (4) (cm) 7g. of the statutes is amended to read:
AB75-ASA1,1195,2217 111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under
18the arbitration procedures authorized by this paragraph, except for any decision
19involving a collective bargaining unit consisting of school district employees,
the
20arbitrator or arbitration panel shall consider and shall give greater weight to
21economic conditions in the jurisdiction of the municipal employer than to any of the
22factors specified in subd. 7r.
AB75-ASA1, s. 2232 23Section 2232. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:
AB75-ASA1,1196,3
1111.70 (4) (cm) 7r. (intro.) `Other factors considered.' In making any decision
2under the arbitration procedures authorized by this paragraph, the arbitrator or
3arbitration panel shall also give weight to the following factors:
AB75-ASA1, s. 2233 4Section 2233. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
5renumbered 111.70 (4) (cm) 8m. and amended to read:
AB75-ASA1,1196,216 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
7the initial collective bargaining agreement between the parties and except as the
8parties otherwise agree, every collective bargaining agreement covering municipal
9employees subject to this paragraph other than school district professional
10employees
shall be for a term of 2 years. No, but in no case may a collective
11bargaining agreement for any collective bargaining unit consisting of municipal
12employees subject to this paragraph other than school district professional
13employees shall be for a term exceeding 3 years . c. nor may a collective bargaining
14agreement for any collective bargaining unit consisting of school district employees
15subject to this paragraph be for a term exceeding 4 years.
No arbitration award may
16contain a provision for reopening of negotiations during the term of a collective
17bargaining agreement, unless both parties agree to such a provision. The
18requirement for agreement by both parties does not apply to a provision for
19reopening of negotiations with respect to any portion of an agreement that is
20declared invalid by a court or administrative agency or rendered invalid by the
21enactment of a law or promulgation of a federal regulation.
AB75-ASA1, s. 2234 22Section 2234. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
AB75-ASA1, s. 2235 23Section 2235. 111.70 (4) (cm) 8p. of the statutes is repealed.
AB75-ASA1, s. 2236 24Section 2236. 111.70 (4) (cm) 8s. of the statutes is repealed.
AB75-ASA1, s. 2237 25Section 2237. 111.70 (4) (cn) of the statutes is repealed.
AB75-ASA1, s. 2238
1Section 2238. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB75-ASA1,1198,82 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
3bargaining unit for the purpose of collective bargaining and shall whenever possible,
4unless otherwise required under this subchapter, avoid fragmentation by
5maintaining as few collective bargaining units as practicable in keeping with the size
6of the total municipal work force workforce. In making such a determination, the
7commission may decide whether, in a particular case, the municipal employees in the
8same or several departments, divisions, institutions, crafts, professions, or other
9occupational groupings constitute a collective bargaining unit. Before making its
10determination, the commission may provide an opportunity for the municipal
11employees concerned to determine, by secret ballot, whether or not they desire to be
12established as a separate collective bargaining unit. The commission shall not
13decide, however, that any group of municipal employees constitutes an appropriate
14collective bargaining unit if the group includes both municipal employees who are
15school district professional employees and municipal employees who are not school
16district professional employees.
The commission shall not decide , however, that any
17other group of municipal employees constitutes an appropriate collective bargaining
18unit if the group includes both professional employees and nonprofessional
19employees, unless a majority of the professional employees vote for inclusion in the
20unit. The commission shall not decide that any group of municipal employees
21constitutes an appropriate collective bargaining unit if the group includes both craft
22employees and noncraft employees unless a majority of the craft employees vote for
23inclusion in the unit. The commission shall place the professional employees who are
24assigned to perform any services at a charter school, as defined in s. 115.001 (1), in
25a separate collective bargaining unit from a unit that includes any other professional

1employees whenever at least 30% of those professional employees request an election
2to be held to determine that issue and a majority of the professional employees at the
3charter school who cast votes in the election decide to be represented in a separate
4collective bargaining unit. Upon the expiration of any collective bargaining
5agreement in force, the commission shall combine into a single collective bargaining
6unit 2 or more collective bargaining units consisting of school district employees if
7a majority of the employees voting in each collective bargaining unit vote to combine.

8Any vote taken under this subsection shall be by secret ballot.
AB75-ASA1, s. 2239 9Section 2239. 111.70 (4) (m) 6. of the statutes is amended to read:
AB75-ASA1,1198,1110 111.70 (4) (m) 6. Solicitation of sealed bids for the provision of group health care
11benefits for school district professional employees as provided in s. 120.12 (24).
AB75-ASA1, s. 2240 12Section 2240. 111.81 (3h) of the statutes is created to read:
AB75-ASA1,1198,1313 111.81 (3h) "Consumer" has the meaning given in s. 46.2898 (1) (cm).
AB75-ASA1, s. 2240L 14Section 2240L. 111.81 (7) (b) of the statutes is amended to read:
AB75-ASA1,1198,1815 111.81 (7) (b) Program, project, research, or teaching assistants employed by
16the University of Wisconsin System, except supervisors, management employees
17and individuals who are privy to confidential matters affecting the
18employer-employee relationship.
AB75-ASA1, s. 2241 19Section 2241. 111.81 (7) (g) of the statutes is created to read:
AB75-ASA1,1198,2220 111.81 (7) (g) For purposes of this subchapter only, home care providers. This
21paragraph does not make home care providers state employees for any other purpose
22except collective bargaining.
AB75-ASA1, s. 2242 23Section 2242. 111.81 (9k) of the statutes is created to read:
AB75-ASA1,1198,2524 111.81 (9k) "Home care provider" means a qualified provider under s. 46.2898
25(1) (f).
AB75-ASA1, s. 2242e
1Section 2242e. 111.81 (15m) of the statutes is amended to read:
AB75-ASA1,1199,112 111.81 (15m) "Program assistant" or "project assistant" means a graduate
3student enrolled in the University of Wisconsin System who is assigned to conduct
4research, training, administrative responsibilities or other academic or academic
5support projects or programs, except regular preparation of instructional materials
6for courses or manual or clerical assignments, under the supervision of a member of
7the faculty or academic staff, as defined in s. 36.05 (1) or (8), primarily for the benefit
8of the university, faculty or academic staff supervisor or a granting agency. "Project
9assistant" or "program assistant" does not include a graduate student who does work
10which is primarily for the benefit of the student's own learning and research and
11which is independent or self-directed.
AB75-ASA1, s. 2242m 12Section 2242m. 111.81 (17m) of the statutes is created to read:
AB75-ASA1,1199,1713 111.81 (17m) "Research assistant" means a graduate student enrolled in the
14University of Wisconsin System who is assigned to conduct research under the
15supervision of a member of the faculty or academic staff, as defined in s. 36.05 (1) or
16(8), and includes graduate students required to perform these responsibilities in
17order to attain a graduate degree.
AB75-ASA1, s. 2242r 18Section 2242r. 111.81 (19m) of the statutes is amended to read:
AB75-ASA1,1199,2419 111.81 (19m) "Teaching assistant" means a graduate student enrolled in the
20University of Wisconsin System who is regularly assigned teaching and related
21responsibilities, other than manual or clerical responsibilities, under the
22supervision of a member of the faculty as defined in s. 36.05 (8), and includes
23graduate students required to perform these responsibilities in order to attain a
24graduate degree
.
AB75-ASA1, s. 2243 25Section 2243. 111.815 (1) and (2) of the statutes are amended to read:
AB75-ASA1,1201,2
1111.815 (1) In the furtherance of this subchapter, the state shall be considered
2as a single employer and employment relations policies and practices throughout the
3state service shall be as consistent as practicable. The office shall negotiate and
4administer collective bargaining agreements except that the department of health
5services, subject to the approval of the federal centers for medicare and medicaid
6services to use collective bargaining as the method of setting rates for
7reimbursement of home care providers, shall negotiate and administer collective
8bargaining agreements entered into with the collective bargaining unit specified in
9s. 111.825 (2g)
. To coordinate the employer position in the negotiation of agreements,
10the office, or the department of health services with regard to collective bargaining
11agreements entered into with the collective bargaining unit specified in s. 111.825
12(2g),
shall maintain close liaison with the legislature relative to the negotiation of
13agreements and the fiscal ramifications of those agreements. Except with respect
14to the collective bargaining units specified in s. 111.825 (1m) and, (2) (f), and (2g), the
15office is responsible for the employer functions of the executive branch under this
16subchapter, and shall coordinate its collective bargaining activities with operating
17state agencies on matters of agency concern. The legislative branch shall act upon
18those portions of tentative agreements negotiated by the office that require
19legislative action. With respect to the collective bargaining units specified in s.
20111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible
21for the employer functions under this subchapter. With respect to the collective
22bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter
23school established by contract under s. 118.40 (2r) (cm) is responsible for the
24employer functions under this subchapter. With respect to the collective bargaining

1unit specified in s. 111.825 (2g), the department of health services is responsible for
2the employer functions of the executive branch under this subchapter.
AB75-ASA1,1201,9 3(2) In the furtherance of the policy under s. 111.80 (4), the director of the office
4shall, together with the appointing authorities or their representatives, represent
5the state in its responsibility as an employer under this subchapter except with
6respect to negotiations in the collective bargaining units specified in s. 111.825 (1m),
7and (2) (f), and (2g). The director of the office shall establish and maintain, wherever
8practicable, consistent employment relations policies and practices throughout the
9state service.
AB75-ASA1, s. 2243e 10Section 2243e. 111.825 (2) (a) of the statutes is amended to read:
AB75-ASA1,1201,1211 111.825 (2) (a) The program, project, research, and teaching assistants of the
12University of Wisconsin-Madison and the University of Wisconsin-Extension.
AB75-ASA1, s. 2243f 13Section 2243f. 111.825 (2) (b) of the statutes is amended to read:
AB75-ASA1,1201,1514 111.825 (2) (b) The program, project, research, and teaching assistants of the
15University of Wisconsin-Milwaukee.
AB75-ASA1, s. 2243g 16Section 2243g. 111.825 (2) (c) of the statutes is amended to read:
AB75-ASA1,1201,1917 111.825 (2) (c) The program, project, research, and teaching assistants of the
18Universities of Wisconsin-Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside,
19Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater.
AB75-ASA1, s. 2244 20Section 2244. 111.825 (2g) of the statutes is created to read:
AB75-ASA1,1201,2221 111.825 (2g) A collective bargaining unit for employees who are home care
22providers shall be structured as a single statewide collective bargaining unit.
AB75-ASA1, s. 2245 23Section 2245. 111.825 (3) of the statutes is amended to read:
AB75-ASA1,1201,2524 111.825 (3) The commission shall assign employees to the appropriate
25collective bargaining units set forth in subs. (1), (1m) and, (2), and (2g).
AB75-ASA1, s. 2246
1Section 2246. 111.825 (4) of the statutes is amended to read:
AB75-ASA1,1202,92 111.825 (4) Any labor organization may petition for recognition as the exclusive
3representative of a collective bargaining unit specified in sub. (1), (1m) or, (2), or (2g)
4in accordance with the election procedures set forth in s. 111.83, provided the petition
5is accompanied by a 30% showing of interest in the form of signed authorization
6cards. Each additional labor organization seeking to appear on the ballot shall file
7petitions within 60 days of the date of filing of the original petition and prove,
8through signed authorization cards, that at least 10% of the employees in the
9collective bargaining unit want it to be their representative.
AB75-ASA1, s. 2247 10Section 2247. 111.83 (1) of the statutes is amended to read:
AB75-ASA1,1202,2111 111.83 (1) Except as provided in sub. subs. (5) and (5m), a representative
12chosen for the purposes of collective bargaining by a majority of the employees voting
13in a collective bargaining unit shall be the exclusive representative of all of the
14employees in such unit for the purposes of collective bargaining. Any individual
15employee, or any minority group of employees in any collective bargaining unit, may
16present grievances to the employer in person, or through representatives of their own
17choosing, and the employer shall confer with said employee or group of employees in
18relation thereto if the majority representative has been afforded the opportunity to
19be present at the conference. Any adjustment resulting from such a conference may
20not be inconsistent with the conditions of employment established by the majority
21representative and the employer.
AB75-ASA1, s. 2248 22Section 2248. 111.83 (5m) of the statutes is created to read:
AB75-ASA1,1202,2423 111.83 (5m) (a) This subsection applies only to a collective bargaining unit
24specified in s. 111.825 (2g).
AB75-ASA1,1203,3
1(am) 1. Subject to subd. 2., the department of health services shall provide a
2labor organization with the list of home care providers provided to the department
3of health services under s. 52.20 (5) if any of the following apply:
AB75-ASA1,1203,64 a. The labor organization demonstrates a showing of interest of at least 3
5percent of home care providers included in the collective bargaining unit under s.
6111.825 (2g) to be represented by that labor organization.
AB75-ASA1,1203,87 b. The labor organization is a certified representative of any home care
8providers in this state.
AB75-ASA1,1203,119 c. The labor organization was a certified representative of any home care
10providers in this state prior to the effective date of this subdivision paragraph ....
11[LRB inserts date].
AB75-ASA1,1203,1412 2. A labor organization shall agree to use any list it receives under subd. 1. only
13for communicating with home care providers concerning the exercise of their rights
14under s. 111.82 and shall agree to keep the list confidential.
AB75-ASA1,1203,2515 (b) Upon the filing of a petition with the commission indicating a showing of
16interest of at least 30 percent of the home care providers included in the collective
17bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to
18change the existing representative, the commission shall hold an election in which
19the home care providers may vote on the question of representation. The labor
20organization named in the petition shall be included on the ballot. Within 60 days
21of the time that the petition is filed, another petition may be filed with the
22commission indicating a showing of interest of at least 10 percent of the home care
23providers who are included in the collective bargaining unit under s. 111.825 (2g) to
24be represented by another labor organization, in which case the name of that labor
25organization shall also be included on the ballot.
AB75-ASA1,1204,6
1(c) If at an election held under par. (b), a majority of home care providers voting
2in the collective bargaining unit vote for a single labor organization, the labor
3organization shall be the exclusive representative for all home care providers in that
4collective bargaining unit. If no single labor organization receives a majority of the
5votes cast, the commission may hold one or more runoff elections under sub. (4) until
6one labor organization receives a majority of the votes cast.
AB75-ASA1, s. 2249 7Section 2249. 111.84 (2) (c) of the statutes is amended to read:
AB75-ASA1,1204,158 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
9(1) with the duly authorized officer or agent of the employer which is the recognized
10or certified exclusive collective bargaining representative of employees specified in
11s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified
12exclusive collective bargaining representative of employees specified in s. 111.81 (7)
13(b) to (f) (g) in an appropriate collective bargaining unit. Such refusal to bargain shall
14include, but not be limited to, the refusal to execute a collective bargaining
15agreement previously orally agreed upon.
AB75-ASA1, s. 2250 16Section 2250. 111.905 of the statutes is created to read:
AB75-ASA1,1204,19 17111.905 Rights of consumer. (1) This subchapter does not interfere with the
18rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise,
19or discipline home care providers or to set conditions and duties of employment.
AB75-ASA1,1204,21 20(2) A home care provider is an at will provider of home care services to a
21consumer and this subchapter does not interfere with that relationship.
AB75-ASA1, s. 2251 22Section 2251. 111.91 (1) (cg) of the statutes is created to read:
AB75-ASA1,1204,2523 111.91 (1) (cg) The representative of home care providers in the collective
24bargaining unit specified under s. 118.825 (2g) may not bargain collectively with
25respect to any matter other than wages and fringe benefits.
AB75-ASA1, s. 2251w
1Section 2251w. 111.91 (2) (n) of the statutes, as affected by 2009 Wisconsin
2Act 14
, is amended to read:
AB75-ASA1,1205,43 111.91 (2) (n) The provision to employees of the health insurance coverage
4required under s. 632.895 (11) to (14) and, (16), and (17).
AB75-ASA1, s. 2252 5Section 2252. 111.91 (2) (nm) of the statutes is amended to read:
Loading...
Loading...