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(jm) Academic staff of the University of Wisconsin-Milwaukee.
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(k) Academic staff of the University of Wisconsin-Extension.
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(km) Academic staff of the University of Wisconsin-Eau Claire.
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(L) Academic staff of the University of Wisconsin-Green Bay.
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(Lm) Academic staff of the University of Wisconsin-La Crosse.
AB75-ASA1,1212,1010
(n) Academic staff of the University of Wisconsin-Oshkosh.
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(nm) Academic staff of the University of Wisconsin-Parkside.
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(o) Academic staff of the University of Wisconsin-Platteville.
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(om) Academic staff of the University of Wisconsin-River Falls.
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(p) Academic staff of the University of Wisconsin-Stevens Point.
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(pm) Academic staff of the University of Wisconsin-Stout.
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(q) Academic staff of the University of Wisconsin-Superior.
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(qm) Academic staff of the University of Wisconsin-Whitewater.
AB75-ASA1,1212,1818
(r) Academic staff of the University of Wisconsin Colleges.
AB75-ASA1,1213,7
19(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
20under sub. (1) (a) to (r) may be combined into a single unit. If 2 or more collective
21bargaining units seek to combine into a single collective bargaining unit, the
22commission shall, upon the petition of at least 30 percent of the employees in each
23unit, hold an election, or include on any ballot for an election held under s. 111.990
24(2) the question of whether to combine units, to determine whether a majority of
25those employees voting in each unit desire to combine into a single unit. A combined
1collective bargaining unit shall be formed including all employees from each of those
2units in which a majority of the employees voting in the election approve a combined
3unit. The combined collective bargaining unit shall be formed immediately if there
4is no existing collective bargaining agreement in force in any of the units to be
5combined. If there is a collective bargaining agreement in force at the time of the
6election in any of the collective bargaining units to be combined, the combined unit
7shall be formed upon expiration of the last agreement for the units concerned.
AB75-ASA1,1213,218
(b) If 2 or more collective bargaining units have combined under par. (a), the
9commission shall, upon petition of at least 30 percent of the employees in any of the
10original units, hold an election of the employees in the original unit to determine
11whether the employees in that unit desire to withdraw from the combined collective
12bargaining unit. If a majority of the employees voting desire to withdraw from the
13combined collective bargaining unit, separate units consisting of the unit in which
14the election was held and a unit composed of the remainder of the combined unit shall
15be formed. The new collective bargaining units shall be formed immediately if there
16is no collective bargaining agreement in force for the combined unit. If there is a
17collective bargaining agreement in force for the combined collective bargaining unit,
18the new units shall be formed upon the expiration of the agreement. While there is
19a collective bargaining agreement in force for the combined collective bargaining
20unit, a petition for an election under this paragraph may be filed only during October
21in the calendar year prior to the expiration of the agreement.
AB75-ASA1,1213,23
22(3) The commission shall assign employees to the appropriate collective
23bargaining units described under sub. (1) or (2) or under s. 111.825 (1) or (2).
AB75-ASA1,1214,6
24(4) Any labor organization may petition for recognition as the exclusive
25representative of a collective bargaining unit described under sub. (1) or (2) in
1accordance with the election procedures under s. 111.990 if the petition is
2accompanied by a 30 percent showing of interest in the form of signed authorization
3cards. Any additional labor organization seeking to appear on the ballot shall file a
4petition within 60 days of the date of filing of the original petition and prove, through
5signed authorization cards, that at least 10 percent of the employees in the collective
6bargaining unit want it to be their representative.
AB75-ASA1,1214,15
7(5) Although academic staff supervisors are not considered employees for the
8purpose of this subchapter, the commission may consider a petition for a statewide
9collective bargaining unit consisting of academic staff supervisors, but the
10representative of the supervisors may not be affiliated with any labor organization
11representing employees. For purposes of this subsection, affiliation does not include
12membership in a national, state, county, or municipal federation of national or
13international labor organizations. The certified representative of the supervisors
14may not bargain collectively with respect to any matter other than wages and fringe
15benefits.
AB75-ASA1,1215,2
16111.990 Representatives and elections.
(1) A representative chosen for the
17purposes of collective bargaining by a majority of the employees voting in a collective
18bargaining unit shall be the exclusive representative of all of the employees in such
19unit for the purposes of collective bargaining. Any individual employee, or any
20minority group of employees in any collective bargaining unit, may present any
21grievance to the employer in person, or through representatives of their own
22choosing, and the employer shall confer with the individual employee or group of
23employees with respect to the grievance if the majority representative has been
24afforded the opportunity to be present at the conference. Any adjustment resulting
1from such a conference may not be inconsistent with the conditions of employment
2established by the majority representative and the employer.
AB75-ASA1,1215,14
3(2) (a) Whenever a question arises concerning the representation of employees
4in a collective bargaining unit, the commission shall determine the representation
5by taking a secret ballot of the employees and certifying in writing the results to the
6interested parties and to the board. There shall be included on any ballot for the
7election of representatives the names of all labor organizations having an interest
8in representing the employees participating in the election as indicated in petitions
9filed with the commission. The name of any existing representative shall be included
10on the ballot without the necessity of filing a petition. The commission may exclude
11from the ballot one who, at the time of the election, stands deprived of his or her rights
12under this subchapter by reason of a prior adjudication of his or her having engaged
13in an unfair labor practice. The ballot shall be so prepared as to permit a vote against
14representation by anyone named on the ballot.
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(b) 1. Except as provided in subd. 2., for elections in a collective bargaining unit
16composed of employees who are members of the faculty or academic staff, whenever
17more than one representative qualifies to appear on the ballot, the ballot shall be so
18prepared as to provide separate votes on 2 questions. The first question shall be:
19"Shall the employees of the .... (name of collective bargaining unit) participate in
20collective bargaining?". The 2nd question shall be: "If the employees of the .... (name
21of collective bargaining unit) elect to participate in collective bargaining, which labor
22organization do you favor to act as representative of the employees?". The 2nd
23question shall not include a choice for no representative. All employees in the
24collective bargaining unit may vote on both questions. Unless a majority of those
25employees voting in the election vote to participate in collective bargaining, no votes
1for a particular representative may be counted. If a majority of those employees
2voting in the election vote to participate in collective bargaining, the ballots for
3representatives shall be counted.
AB75-ASA1,1217,54
2. For elections in a collective bargaining unit composed of employees who are
5members of the faculty or academic staff, whenever more than one representative
6qualifies to appear on the ballot and a question of whether to combine collective
7bargaining units as permitted under s. 111.98 (2) (a) qualifies to appear on the ballot,
8the ballot shall be so prepared as to provide separate votes on 3 questions and each
9ballot shall identify the collective bargaining unit to which each voter currently
10belongs. The first question shall be: "Shall the employees of the .... (name of the
11voter's current collective bargaining unit) participate in collective bargaining?". The
122nd question shall be "Shall the employees of the .... (names of all of the collective
13bargaining units that qualify to appear on the ballot, including the name of the
14voter's current collective bargaining unit) combine to participate in collective
15bargaining?". The 3rd question shall be: "If the employees of the .... (name of the
16voter's current collective bargaining unit) elect to participate in collective
17bargaining, which labor organization do you favor to act as representative of the
18employees?". The 3rd question shall not include a choice for no representative. All
19employees in the collective bargaining unit may vote on all questions. Unless a
20majority of those employees voting in the election vote to participate in collective
21bargaining, no votes for combination or for a particular representative may be
22counted. If a majority of those employees voting in the election vote to participate
23in collective bargaining, the ballots for combination shall be counted. If the ballots
24for combination are counted and a majority of those employees voting from each
25collective bargaining unit listed in the 2nd question on the ballot vote to combine,
1then the ballots for representatives of the combined collective bargaining unit shall
2be counted. If the ballots for combination are counted and a majority of those
3employees voting from each collective bargaining unit listed in the 2nd question on
4the ballot do not vote to combine, then the ballots for representatives of each current
5collective bargaining unit shall be counted.
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(c) The commission's certification of the results of any election is conclusive as
7to the findings included therein unless reviewed under s. 111.07 (8).
AB75-ASA1,1217,14
8(3) Whenever an election has been conducted under sub. (2) in which the ballots
9for representatives have been counted but in which no named representative is
10favored by a majority of the employees voting, the commission may, if requested by
11a party to the proceeding within 30 days from the date of the certification of the
12results of the election, conduct a runoff election. In that runoff election, the
13commission shall drop from the ballot the name of the representative who received
14the least number of votes at the original election.
AB75-ASA1,1218,2
15(4) While a collective bargaining agreement between a labor organization and
16an employer is in force under this subchapter, a petition for an election in the
17collective bargaining unit to which the agreement applies may be filed only during
18October in the calendar year prior to the expiration of that agreement. An election
19held under that petition may be held only if the petition is supported by proof that
20at least 30 percent of the employees in the collective bargaining unit desire a change
21or discontinuance of existing representation. Within 60 days of the time that an
22original petition is filed, another petition may be filed supported by proof that at least
2310 percent of the employees in the same collective bargaining unit desire a different
24representative. If a majority of the employees in the collective bargaining unit vote
25for a change or discontinuance of representation by any named representative, the
1decision takes effect upon expiration of any existing collective bargaining agreement
2between the employer and the existing representative.
AB75-ASA1,1218,4
3111.991 Unfair labor practices. (1) It is an unfair labor practice for an
4employer individually or in concert with others:
AB75-ASA1,1218,65
(a) To interfere with, restrain, or coerce employees in the exercise of their rights
6guaranteed under s. 111.97.
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(b) Except as otherwise provided in this paragraph, to initiate, create,
8dominate, or interfere with the formation or administration of any labor or employee
9organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
10(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
11System under ch. 40 and no action by the employer that is authorized by such a law
12is a violation of this paragraph unless an applicable collective bargaining agreement
13specifically prohibits the change or action. No such change or action affects the
14continuing duty to bargain collectively regarding the Wisconsin Retirement System
15under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
16for the employer to reimburse an employee at his or her prevailing wage rate for the
17time spent during the employee's regularly scheduled hours conferring with the
18employer's officers or agents and for attendance at commission or court hearings
19necessary for the administration of this subchapter.