AB900,155
15Section
155. 111.70 (7m) (c) 3. of the statutes is created to read:
AB900,67,2016
111.70
(7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
17participates in a strike after a final and binding arbitration award or decision under
18sub. (4) (cm) is issued and before the end of the term of the agreement which the
19award or decision amends or creates shall forfeit $15 per offense. Each day of
20continued violation constitutes a separate offense.
AB900,156
21Section
156. 111.70 (7m) (e) of the statutes is created to read:
AB900,68,222
111.70
(7m) (e)
Civil liability. Any party refusing to include an arbitration
23award or decision under sub. (4) (cm) in a written collective bargaining agreement
24or failing to implement the award or decision, unless good cause is shown, is liable
1for attorney fees, interest on delayed monetary benefits, and other costs incurred in
2any action by the nonoffending party to enforce the award or decision.
AB900,157
3Section
157. 111.70 (8) (a) of the statutes is amended to read:
AB900,68,94
111.70
(8) (a) This section, except
sub. subs. (1) (nm), (4)
(cg) and (cm),
and (7m), 5applies to law enforcement supervisors employed by a 1st class city. This section,
6except
sub. subs. (1) (nm), (4) (cm) and (jm),
and (7m) applies to law enforcement
7supervisors employed by a county having a population of 500,000 or more. For
8purposes of such application, the
terms term "municipal employee"
and "public
9safety employee" include includes such a supervisor.
AB900,158
10Section
158. 111.71 (2) of the statutes is amended to read:
AB900,69,1911
111.71
(2) The commission shall assess and collect a filing fee for filing a
12complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
13The commission shall assess and collect a filing fee for filing a request that the
14commission act as an arbitrator to resolve a dispute involving the interpretation or
15application of a collective bargaining agreement under s. 111.70 (4) (c) 2.
, (cg) 4., or
16(cm) 4. The commission shall assess and collect a filing fee for filing a request that
17the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
18assess and collect a filing fee for filing a request that the commission act as a
19mediator under s. 111.70 (4) (c)
1., (cg) 3., 1m. or (cm) 3. The commission shall assess
20and collect a filing fee for filing a request that the commission initiate compulsory,
21final and binding arbitration under s. 111.70 (4)
(cg)
(cm) 6. or (jm) or 111.77 (3). For
22the performance of commission actions under ss. 111.70 (4) (c)
1., 1m., 2.
, and 3.,
(cg)
233., 4., and 6., (cm) 3.
and, 4.,
and 6., and (jm) and 111.77 (3), the commission shall
24require that the parties to the dispute equally share in the payment of the fee and,
25for the performance of commission actions involving a complaint alleging that a
1prohibited practice has been committed under s. 111.70 (3), the commission shall
2require that the party filing the complaint pay the entire fee. If any party has paid
3a filing fee requesting the commission to act as a mediator for a labor dispute and the
4parties do not enter into a voluntary settlement of the dispute, the commission may
5not subsequently assess or collect a filing fee to initiate fact-finding or arbitration
6to resolve the same labor dispute. If any request for the performance of commission
7actions concerns issues arising as a result of more than one unrelated event or
8occurrence, each such separate event or occurrence
shall be treated as is a separate
9request. The commission shall promulgate rules establishing a schedule of filing fees
10to be paid under this subsection. Fees required to be paid under this subsection shall
11be paid at the time of filing the complaint or the request for fact-finding, mediation
12or arbitration. A complaint or request for fact-finding, mediation or arbitration is
13not filed until the date
such the fee or fees are paid, except that the failure of the
14respondent party to pay the filing fee for having the commission initiate compulsory,
15final and binding arbitration under s. 111.70 (4)
(cg)
(cm) 6. or (jm) or 111.77 (3) may
16not prohibit the commission from initiating
such
the arbitration. The commission
17may initiate collection proceedings against the respondent party for the payment of
18the filing fee. Fees collected under this subsection shall be credited to the
19appropriation account under s. 20.425 (1) (i).
AB900,159
20Section
159. 111.71 (4) of the statutes is created to read:
AB900,69,2421
111.71
(4) The commission shall collect on a systematic basis information on
22the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually
23submit a report on the opinion to the chief clerk of each house of the legislature for
24distribution to the legislature under s. 13.172 (2).
AB900,160
25Section
160. 111.71 (4m) of the statutes is repealed.
AB900,161
1Section
161. 111.71 (5) of the statutes is created to read:
AB900,70,92
111.71
(5) The commission shall, on a regular basis, provide training programs
3to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall
4promote the programs to and recruit participation throughout the state, including
5at least 10 residents of each congressional district. The commission may also provide
6training programs to individuals and organizations on other aspects of collective
7bargaining, including on areas of management and labor cooperation directly or
8indirectly affecting collective bargaining. The commission may charge a reasonable
9fee to participate in the programs.
AB900,162
10Section
162. 111.71 (5m) of the statutes is repealed.
AB900,163
11Section
163. 111.77 (intro.) of the statutes is amended to read:
AB900,70,17
12111.77 Settlement of disputes in collective bargaining units composed
13of law enforcement personnel and fire fighters. (intro.)
Municipal In fire
14departments and city and county law enforcement agencies municipal employers
15and
public safety employees, as provided in sub. (8), have the duty to bargain
16collectively in good faith including the duty to refrain from strikes or lockouts and
17to comply with the following:
AB900,164
18Section
164. 111.77 (8) (a) of the statutes is amended to read:
AB900,70,2219
111.77
(8) (a) This section applies to
public safety employees who are law
20enforcement supervisors employed by a county having a population of 500,000 or
21more. For purposes of such application, the term "municipal employee" includes
22such a supervisor.
AB900,165
23Section
165. 111.77 (9) of the statutes is amended to read:
AB900,70,2524
111.77
(9) Section 111.70 (4) (c) 3.
, (cg), and (cm) does not apply to employments
25covered by this section.
AB900,166
1Section
166. 111.80 of the statutes is created to read:
AB900,71,4
2111.80 Declaration of policy. The public policy of the state as to labor
3relations and collective bargaining in state employment, in the furtherance of which
4this subchapter is enacted, is as follows:
AB900,71,8
5(1) It recognizes that there are 3 major interests involved: that of the public,
6that of the employee, and that of the employer. These 3 interests are to a considerable
7extent interrelated. It is the policy of this state to protect and promote each of these
8interests with due regard to the situation and to the rights of the others.
AB900,71,18
9(2) Orderly and constructive employment relations for employees and the
10efficient administration of state government are promotive of all these interests.
11They are largely dependent upon the maintenance of fair, friendly, and mutually
12satisfactory employee management relations in state employment, and the
13availability of suitable machinery for fair and peaceful adjustment of whatever
14controversies may arise. It is recognized that whatever may be the rights of
15disputants with respect to each other in any controversy regarding state
16employment relations, neither party has any right to engage in acts or practices that
17jeopardize the public safety and interest and interfere with the effective conduct of
18public business.
AB900,71,24
19(3) Where permitted under this subchapter, negotiations of terms and
20conditions of state employment should result from voluntary agreement between the
21state and its agents as employer, and its employees. For that purpose an employee
22may, if the employee desires, associate with others in organizing and in bargaining
23collectively through representatives of the employee's own choosing without
24intimidations or coercion from any source.
AB900,72,7
1(4) It is the policy of this state, in order to preserve and promote the interests
2of the public, the employee, and the employer alike, to encourage the practices and
3procedures of collective bargaining in state employment subject to the requirements
4of the public service and related laws, rules, and policies governing state
5employment, by establishing standards of fair conduct in state employment
6relations, and by providing a convenient, expeditious, and impartial tribunal in
7which these interests may have their respective rights determined.
AB900,167
8Section
167. 111.81 (1) of the statutes is amended to read:
AB900,72,189
111.81
(1) "Collective bargaining" means the performance of the mutual
10obligation of the state as an employer, by its officers and agents, and the
11representatives of its employees, to meet and confer at reasonable times, in good
12faith, with respect to the subjects of bargaining provided in s. 111.91 (1)
, with respect
13to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3),
14with respect to general employees, with the intention of reaching an agreement, or
15to resolve questions arising under such an agreement. The duty to bargain, however,
16does not compel either party to agree to a proposal or require the making of a
17concession. Collective bargaining includes the reduction of any agreement reached
18to a written and signed document.
AB900,168
19Section
168. 111.81 (3h) of the statutes is created to read: