SB854: Bill Text

SB854,11,22 d. Before issuing his or her arbitration decision, the arbitrator shall, on his or her own motion or at the request of either party, conduct a meeting open to the public to provide to both parties the opportunity to explain or present supporting arguments for their complete offer on all matters to be covered by the proposed agreement. The arbitrator shall adopt without modification the final offer of one of the parties on all disputed issues submitted under subd. 6. am., except those items that the commission determines not to be mandatory subjects of bargaining and those items that have not been treated as mandatory subjects by the parties, and including any prior modifications of the offer mutually agreed upon by the parties under subd. 6. b. The decision is final and binding on both parties and shall be incorporated into a written collective bargaining agreement. The arbitrator shall serve a copy of his or her decision on both parties and the commission.

SB854,11,24 e. Arbitration proceedings may not be interrupted or terminated by reason of any prohibited practice complaint filed by either party at any time.

SB854,12,2 f. The parties shall equally divide the costs of arbitration. The arbitrator shall submit a statement of his or her costs to both parties and to the commission.

SB854,12,10 g. If a question arises as to whether any proposal made in negotiations by either party is a mandatory, permissive, or prohibited subject of bargaining, the commission shall determine the issue under par. (b). If either party to the dispute petitions the commission for a declaratory ruling under par. (b), the proceedings under subd. 6. c. and d. may not occur until the commission renders a decision in the matter and the decision is final. The arbitrator's award shall be made in accordance with the commission's ruling, subject to automatic amendment by any subsequent court reversal.

SB854,25 Section 25 . 111.70 (4) (cm) 7. of the statutes is created to read:

SB854,12,19 111.70 (4) (cm) 7. `Factor given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, except for any decision involving a collective bargaining unit consisting of school district employees, the arbitrator or arbitration panel shall give the greatest weight to any state law or directive lawfully issued by a state legislative or administrative officer, body, or agency that limits expenditures that may be made or revenues that may be collected by a municipal employer. The arbitrator or arbitration panel shall give an accounting of the consideration of this factor in the decision.

SB854,26 Section 26 . 111.70 (4) (cm) 7g. of the statutes is created to read:

SB854,13,2 111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under the arbitration procedures authorized by this paragraph, except for any decision involving a collective bargaining unit consisting of school district employees, the arbitrator or arbitration panel shall give greater weight to economic conditions in the jurisdiction of the municipal employer than to any of the factors specified in subd. 7r.

SB854,27 Section 27 . 111.70 (4) (cm) 7r. of the statutes is created to read:

SB854,13,6 111.70 (4) (cm) 7r. `Other factors considered.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall give weight to the following factors:

SB854,13,7 a. The lawful authority of the municipal employer.

SB854,13,8 b. Stipulations of the parties.

SB854,13,10 c. The interests and welfare of the public and the financial ability of the unit of government to meet the costs of any proposed settlement.

SB854,13,13 d. Comparison of wages, hours, and conditions of employment of the municipal employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees performing similar services.

SB854,13,17 e. Comparison of the wages, hours, and conditions of employment of the municipal employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees generally in public employment in the same community and in comparable communities.

SB854,13,21 f. Comparison of the wages, hours, and conditions of employment of the municipal employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees in private employment in the same community and in comparable communities.

SB854,13,23 g. The average consumer prices for goods and services, commonly known as the cost of living.

SB854,14,2 h. The overall compensation presently received by the municipal employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

SB854,14,4 i. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.

SB854,14,9 j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration, or otherwise between the parties, in the public service, or in private employment.

SB854,28 Section 28 . 111.70 (4) (cm) 8. of the statutes is created to read:

SB854,14,13 111.70 (4) (cm) 8. `Rule making.' The commission shall adopt rules for the conduct of all arbitration proceedings under subd. 6., including rules for all of the following:

SB854,14,15 a. The appointment of tripartite arbitration panels when requested by the parties.

SB854,14,17 b. The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.

SB854,14,19 c. The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.

SB854,14,20 d. Proceedings for the enforcement of arbitration decisions.

SB854,29 Section 29 . 111.70 (4) (cm) 8m. of the statutes is amended to read:

SB854,15,12 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering general municipal employees subject to this paragraph shall be for a term of one year and may not be extended 2 years, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district employees be for a term exceeding 3 years nor may a collective bargaining agreement for any collective bargaining unit consisting of school district employees subject to this paragraph be for a term exceeding 4 years. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement covering general municipal employees may be reopened for negotiations unless both parties agree to reopen the collective bargaining agreement. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

SB854,30 Section 30 . 111.70 (4) (d) 1. of the statutes is amended to read:

SB854,16,3 111.70 (4) (d) 1. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees or transit municipal employees voting in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. A representative chosen for the purposes of collective bargaining by at least 51 percent of the general municipal employees in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, shall have the right to present grievances to the municipal employer in person or through representatives of their own choosing, and the municipal employer shall confer with the employee in relation thereto, if the majority representative has been afforded the opportunity to be present at the conferences. Any adjustment resulting from these conferences may not be inconsistent with the conditions of employment established by the majority representative and the municipal employer.

SB854,31 Section 31 . 111.70 (4) (d) 2. a. of the statutes is amended to read:

SB854,17,9 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal workforce. The commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether they desire to be established as a separate collective bargaining unit. The commission may not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both school district employees and general municipal employees who are not school district employees. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both public safety employees and general municipal employees, if the group includes both transit employees and general municipal employees, or if the group includes both transit employees and public safety employees. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30 percent of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit.

SB854,32 Section 32. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and renumbered 111.70 (4) (d) 3.

SB854,33 Section 33 . 111.70 (4) (d) 3. b. of the statutes is repealed.

SB854,34 Section 34. 111.70 (4) (mb) of the statutes is repealed.

SB854,35 Section 35. 111.70 (4) (mbb) of the statutes is repealed.

SB854,36 Section 36 . 111.70 (4) (n) of the statutes is created to read:

SB854,17,19 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under sub. (1) (a), the municipal employer is required to bargain collectively with respect to all of the following:

SB854,17,22 1. Time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties.

SB854,17,24 2. The development of or any changes to a teacher evaluation plan under s. 118.225.

SB854,37 Section 37 . 111.70 (4) (p) of the statutes is amended to read:

SB854,18,6 111.70 (4) (p) Permissive subjects of collective bargaining; public safety and transit employees. A municipal employer is not required to bargain with public safety employees or transit employees on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the public safety employees or of the transit municipal employees in a collective bargaining unit.

SB854,38 Section 38 . 111.70 (7m) (c) 3. of the statutes is created to read:

SB854,18,12 111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or participates in a strike after a final and binding arbitration award or decision under sub. (4) (cm) is issued and before the end of the term of the agreement which the award or decision amends or creates shall forfeit $15 per offense. Each day of continued violation constitutes a separate offense.

SB854,39 Section 39 . 111.70 (7m) (e) of the statutes is created to read:

SB854,18,18 111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration award or decision under sub. (4) (cm) in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, is liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award or decision.

SB854,40 Section 40 . 111.70 (8) (a) of the statutes is amended to read:

SB854,18,25 111.70 (8) (a) This section, except sub. subs. (1) (nm), (4) (cg) and (cm), and (7m), applies to law enforcement supervisors employed by a 1st class city. This section, except sub. subs. (1) (nm), (4) (cm) and (jm), and (7m) applies to law enforcement supervisors employed by a county having a population of 750,000 or more. For purposes of such application, the terms term “municipal employee" and “public safety employee" include includes such a supervisor.

SB854,41 Section 41. 111.71 (2) of the statutes is amended to read:

SB854,20,10 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1., (cg) 3., 1m. or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 1m., 2., and 3., (cg) 3., 4., and 6., (cm) 3. and, 4., and 6., and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as is a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such the fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3) may not prohibit the commission from initiating such the arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

SB854,42 Section 42 . 111.71 (4) of the statutes is created to read:

SB854,20,15 111.71 (4) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually submit a report on the opinion to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

SB854,43 Section 43 . 111.71 (4m) of the statutes is repealed.

SB854,44 Section 44 . 111.71 (5) of the statutes is created to read:

SB854,20,25 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall promote the programs to and recruit participation throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee to participate in the programs.

SB854,45 Section 45. 111.71 (5m) of the statutes is repealed.

SB854,46 Section 46 . 111.77 (9) of the statutes is amended to read:

SB854,21,4 111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) does not apply to employments covered by this section.

SB854,47 Section 47. 111.81 (3n) of the statutes is repealed.

SB854,48 Section 48. 111.825 (5) of the statutes is amended to read:

SB854,21,19 111.825 (5) Although supervisors are not considered employees for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employees. For purposes of this subsection, affiliation does not include membership in a national, state, county or municipal federation of national or international labor organizations. The certified representative of supervisors who are not public safety employees may not bargain collectively with respect to any matter other than wages and conditions of employment as provided in s. 111.91 (3), and the certified representative of supervisors who are public safety employees may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (1).

SB854,49 Section 49 . 111.83 (1) of the statutes is amended to read:

SB854,22,9 111.83 (1) Except as provided in sub. (5), a representative chosen for the purposes of collective bargaining by at least 51 percent a majority of the general employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with the employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

SB854,50 Section 50 . 111.83 (3) (a) of the statutes is renumbered 111.83 (3).

SB854,51 Section 51 . 111.83 (3) (b) of the statutes is repealed.

SB854,52 Section 52 . 111.83 (4) of the statutes is amended to read:

SB854,22,21 111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, if requested by any party to the proceeding within 30 days from the date of the certification of the results of the election, conduct a runoff election. In that runoff election, the commission shall drop from the ballot the name of the representative who received the least number of votes at the original election. The commission shall drop from the ballot the privilege of voting against any representative if the least number of votes cast at the first election was against representation by any named representative.

SB854,53 Section 53. 111.91 (3) (intro.) and (a) of the statutes are consolidated, renumbered 111.91 (3) and amended to read:

SB854,23,4 111.91 (3) The employer is prohibited from bargaining with a collective bargaining unit containing a general employee with respect to any of the following: (a) Any factor or condition hours of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions.

SB854,54 Section 54. 111.91 (3) (b) of the statutes is repealed.

SB854,55 Section 55. 111.91 (3q) of the statutes is repealed.

SB854,56 Section 56. 118.245 of the statutes is repealed.

SB854,57 Section 57. 119.04 (1) of the statutes is amended to read:

SB854,23,21 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

SB854,58 Section 58. 120.12 (4m) of the statutes is repealed.

SB854,59 Section 59. 120.18 (1) (gm) of the statutes is amended to read:

SB854,24,14 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have not submitted final offers, increased costs of wages, limited to the lower of the school district's offer and the representative's offer, shall be reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.

SB854,60 Section 60 . 851.71 (4) of the statutes is amended to read:

SB854,24,20 851.71 (4) In counties having a population of 750,000 or more, the appointment under subs. (1) and (2) shall be made as provided in those subsections but the judges shall not remove the register in probate and deputy registers, except through charges for dismissal made and sustained under s. 63.10 or an applicable collective bargaining agreement.

SB854,61 Section 61 . 904.085 (2) (a) of the statutes is amended to read:

SB854,25,2 904.085 (2) (a) “Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87, mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.405, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. “Mediation" does not include binding arbitration or appraisal.

SB854,62 Section 62. Initial applicability.

SB854,25,7 (1) This act first applies to an employee who is covered by a collective bargaining agreement under subch. IV or V of ch. 111 that contains provisions inconsistent with this act on the day on which the agreement expires or is terminated, extended, modified, or renewed, whichever occurs first.

SB854,25,8 (End)