SB666,99
1Section
99. 111.17 of the statutes is renumbered 111.17 (intro.) and amended
2to read:
SB666,44,5
3111.17 Conflict of provisions; effect. (intro.) Wherever the application of
4the provisions of other statutes or laws conflict with the application of the provisions
5of this subchapter, this subchapter shall prevail, except
that in for the following:
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6(1) In any situation
where in which the provisions of this subchapter cannot
7be validly enforced the provisions of such other statutes or laws
shall apply.
SB666,100
8Section
100. 111.17 (2) of the statutes is created to read:
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111.17
(2) All fringe benefits authorized or required to be provided by the
10University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
1140 are governed exclusively by ch. 40, except that if any provision of ch. 40 specifically
12permits a collective bargaining agreement under this subchapter to govern the
13eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or
14provides that the eligibility for or the application, cost, or terms of a fringe benefit
15under ch. 40 is governed by a collective bargaining agreement under this subchapter,
16such a provision in a collective bargaining agreement supersedes any provision of ch.
1740 with respect to the employees to whom the agreement applies. The employer is
18prohibited from engaging in collective bargaining concerning any matter governed
19exclusively by ch. 40 under this subsection.
SB666,101
20Section
101. 111.70 (1) (a) of the statutes is amended to read:
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111.70
(1) (a) "Collective bargaining" means the performance of the mutual
22obligation of a municipal employer, through its officers and agents, and the
23representative of its municipal employees in a collective bargaining unit, to meet and
24confer at reasonable times, in good faith, with the intention of reaching an
25agreement, or to resolve questions arising under such an agreement, with respect to
1wages, hours, and conditions of employment
for public safety employees or transit
2employees and with respect to wages for general municipal employees, and with
3respect to a requirement of the municipal employer for a municipal employee to
4perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
5(2e)
and for a school district with respect to any matter under sub. (4) (n), except as
6provided in
sub. subs. (3m), (3p), and (4)
(mb) (m) and (mc) and s. 40.81 (3) and except
7that a municipal employer shall not meet and confer with respect to any proposal to
8diminish or abridge the rights guaranteed to any
public safety municipal employees
9under ch. 164. Collective bargaining includes the reduction of any agreement
10reached to a written and signed document.
SB666,102
11Section
102. 111.70 (1) (cm) of the statutes is repealed.
SB666,103
12Section
103. 111.70 (1) (f) of the statutes is amended to read:
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111.70
(1) (f) "Fair-share agreement" means an agreement between a
14municipal employer and a labor organization
that represents public safety
15employees or transit employees under which all or any of the
public safety municipal 16employees
or transit employees in the collective bargaining unit are required to pay
17their proportionate share of the cost of the collective bargaining process and contract
18administration measured by the amount of dues uniformly required of all members.
SB666,104
19Section
104. 111.70 (1) (fm) of the statutes is repealed.
SB666,105
20Section
105. 111.70 (1) (j) of the statutes is amended to read:
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111.70
(1) (j) "Municipal employer" means any city, county, village, town,
22metropolitan sewerage district, school district, long-term care district,
local cultural
23arts district created under subch. V of ch. 229, or any other political subdivision of
24the state, or instrumentality of one or more political subdivisions of the state, that
25engages the services of an employee and includes any person acting on behalf of a
1municipal employer within the scope of the person's authority, express or implied
,
2but does not include a local cultural arts district created under subch. V of ch. 229.
SB666,106
3Section
106. 111.70 (1) (n) of the statutes is amended to read:
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111.70
(1) (n) "Referendum" means a proceeding conducted by the commission
5in which
public safety employees or transit municipal employees in a collective
6bargaining unit may cast a secret ballot on the question of authorizing a labor
7organization and the employer to continue a fair-share agreement.
SB666,107
8Section
107. 111.70 (1g) of the statutes is created to read:
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111.70
(1g) Declaration of policy. (a) The public policy of the state as to labor
10disputes arising in municipal employment is to encourage voluntary settlement
11through the procedures of collective bargaining. Accordingly, it is in the public
12interest that municipal employees be given an opportunity to bargain collectively
13with the municipal employer through a labor organization or other representative
14of the employees' own choice. If such procedures fail, the parties should have
15available to them a fair, speedy, effective and, above all, peaceful procedure for
16settlement as provided in this subchapter.
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(b) In creating this subchapter the legislature recognizes that the municipal
18employer must exercise its powers and responsibilities to act for the government and
19good order of the jurisdiction which it serves, its commercial benefit and the health,
20safety, and welfare of the public to assure orderly operations and functions within its
21jurisdiction, subject to those rights secured to municipal employees by the
22constitutions of this state and of the United States and by this subchapter.
SB666,108
23Section
108. 111.70 (2) of the statutes is amended to read:
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111.70
(2) Rights of municipal employees. Municipal employees have the right
25of self-organization, and the right to form, join, or assist labor organizations, to
1bargain collectively through representatives of their own choosing, and to engage in
2lawful, concerted activities for the purpose of collective bargaining or other mutual
3aid or protection. Municipal employees have the right to refrain from any and all
4such activities
. A general municipal employee has the right to refrain from paying
5dues while remaining a member of a collective bargaining unit. A public safety
6employee or a transit employee, however, except that an employee may be required
7to pay dues in the manner provided in a fair-share agreement; a fair-share
8agreement
covering a public safety employee or a transit employee must
contain a
9provision requiring require the municipal employer to deduct the amount of dues as
10certified by the labor organization from the earnings of the employee affected by the
11fair-share agreement and to pay the amount deducted to the labor organization. A
12fair-share agreement
covering a public safety employee or transit employee is
13subject to the right of the municipal employer or a labor organization to petition the
14commission to conduct a referendum. Such petition must be supported by proof that
15at least 30% of the employees in the collective bargaining unit desire that the
16fair-share agreement be terminated. Upon so finding, the commission shall conduct
17a referendum. If the continuation of the agreement is not supported by at least the
18majority of the eligible employees, it shall terminate. The commission shall
declare 19suspend any fair-share agreement
suspended upon such conditions and for such
20time as the commission decides whenever it finds that the labor organization
21involved has refused on the basis of race, color, sexual orientation, creed, or sex to
22receive as a member any
public safety employee or transit employee of the municipal
23employer in the bargaining unit involved, and such agreement is subject to this duty
24of the commission. Any of the parties to such agreement or any
public safety
1employee or transit municipal employee covered by the agreement may come before
2the commission, as provided in s. 111.07, and ask the performance of this duty.
SB666,109
3Section
109. 111.70 (3) (a) 3. of the statutes is amended to read:
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111.70
(3) (a) 3. To encourage or discourage a membership in any labor
5organization by discrimination in regard to hiring, tenure, or other terms or
6conditions of employment; but the prohibition shall not apply to a fair-share
7agreement
that covers public safety employees or transit employees.
SB666,110
8Section
110. 111.70 (3) (a) 5. of the statutes is amended to read:
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111.70
(3) (a) 5. To violate any collective bargaining agreement previously
10agreed upon by the parties with respect to wages, hours and conditions of
11employment affecting
public safety employees or transit municipal employees,
12including an agreement to arbitrate questions arising as to the meaning or
13application of the terms of a collective bargaining agreement or to accept the terms
14of such arbitration award, where previously the parties have agreed to accept such
15award as final and binding upon them
or to violate any collective bargaining
16agreement affecting general municipal employees, that was previously agreed upon
17by the parties with respect to wages.
SB666,111
18Section
111. 111.70 (3) (a) 6. of the statutes is amended to read:
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111.70
(3) (a) 6. To deduct labor organization dues from the earnings of a
public
20safety employee or a transit municipal employee, unless the municipal employer has
21been presented with an individual order therefor, signed by the employee personally,
22and terminable by at least the end of any year of its life or earlier by the
public safety
23employee or transit municipal employee giving at least 30 days' written notice of
such 24termination to the municipal employer and to the representative organization,
25except when a fair-share agreement is in effect.
SB666,112
1Section
112. 111.70 (3) (a) 7. of the statutes is created to read:
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111.70
(3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
3lawfully made under sub. (4) (cm).
SB666,113
4Section
113. 111.70 (3) (a) 7m. of the statutes is repealed.