AB338,53,7 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employees in any of the collective bargaining units that were combined to petition for an election under subs. (3) and (3g). Any agreement under this subsection is effective upon written notice of the agreement by the parties to the commission and terminates upon written notice of termination by the parties to the commission or upon decertification of the representative entering into the agreement as representative of one of the combined collective bargaining units, whichever occurs first.

AB338, s. 107 Section 107. 111.05 (7) of the statutes is created to read:

AB338,53,10 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

AB338, s. 108 Section 108. 111.06 (1) (c) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,54,18 111.06 (1) (c) 1. To encourage or discourage membership in any labor organization, employee agency, committee, association or representation plan by discrimination in regard to hiring, tenure or other terms or conditions of employment except in a collective bargaining unit where an all-union, fair-share, or maintenance of membership agreement is in effect. An employer is not prohibited from entering into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, the commission shall determine whether there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement and upon so finding the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this subdivision. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer, and each such all-union agreement is subject to this duty of the commission. Any person interested may come before the commission as provided in s. 111.07 and ask the performance of this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

AB338, s. 109 Section 109. 111.06 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,55,3 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.

AB338, s. 110 Section 110. 111.06 (1) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,55,12 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty days' written notice of such termination unless there is an all-union, 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.

AB338, s. 111 Section 111. 111.06 (1) (m) of the statutes is created to read:

AB338,55,15 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB338, s. 112 Section 112. 111.06 (2) (i) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,55,19 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB338, s. 113 Section 113. 111.075 of the statutes is created to read:

AB338,56,3 111.075 Fair-share and maintenance of membership agreements. (1) (a) No fair-share or maintenance of membership agreement is effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the 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.

AB338,56,10 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible employees voting in a referendum must vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible employees voting in a referendum must 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 employees vote in favor of the agreement, a maintenance of membership agreement is authorized.

AB338,56,24 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into a fair-share or maintenance of membership agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement must contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees affected by the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, the agreement takes 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 employees or local labor organizations which may arise for actions taken by the employer in compliance with this section. All lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB338,57,7 (d) Under each fair-share or maintenance of membership agreement, an 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 employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

AB338,57,21 (2) (a) Once authorized, a fair-share or maintenance of membership agreement continues, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. The petition must be supported by proof that at least 30 percent of the 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 employees required for its initial authorization, it shall continue, 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 terminates at the expiration of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB338,58,4 (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 employee in the collective bargaining unit involved, and the agreement shall be subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB338,58,7 (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.

AB338,58,10 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the University of Wisconsin Hospitals and Clinics Authority to conduct the referenda provided for in this section.

AB338,58,17 (5) Notwithstanding sub. (1), if on July 1, 1997, 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) (f) 1., 5. or 9., that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.05 (5) (a) 1. to 3. 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).

AB338,58,19 (6) This section applies only in collective bargaining units comprised of employees of the University of Wisconsin Hospitals and Clinics Authority.

AB338, s. 114 Section 114. 111.115 (title) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB338,58,22 111.115 (title) Notice of certain proposed lockouts or strikes.

AB338, s. 115 Section 115. 111.115 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 111.115 (1) (intro.) and amended to read:

AB338,58,25 111.115 (1) (intro.) In this section, "strike" subsection:

AB338,59,4 (b) "Strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.