This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-4911/1
MIM:amn
2019 - 2020 LEGISLATURE
February 20, 2020 - Introduced by Senators Larson, Wirch, Carpenter, Johnson,
Smith, Risser, Hansen, Ringhand, Shilling, Bewley and Miller, cosponsored
by Representatives C. Taylor, Cabrera, Brostoff, Sinicki, Subeck, Hebl,
Hesselbein, Sargent, Gruszynski, Pope, Considine, Zamarripa, Shankland,
Stubbs, Spreitzer, Billings, Anderson, Emerson, Goyke, Ohnstad, Hintz,
Fields and L. Myers. Referred to Committee on Labor and Regulatory
Reform.
SB854,2,3 1An Act to repeal 66.0506, 66.0508, 66.0509 (1m), 73.03 (68), 111.70 (1) (cm),
2111.70 (3) (a) 7m., 111.70 (3) (b) 6m., 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70
3(4) (mb), 111.70 (4) (mbb), 111.71 (4m), 111.71 (5m), 111.81 (3n), 111.83 (3) (b),
4111.91 (3) (b), 111.91 (3q), 118.245 and 120.12 (4m); to renumber 111.83 (3) (a);
5to renumber and amend 111.70 (4) (c) 1. and 111.70 (4) (cm) 1.; to
6consolidate and renumber
111.70 (4) (d) 3. a. and c.; to consolidate,
7renumber and amend
111.91 (3) (intro.) and (a); to amend 20.425 (1) (i),
8111.70 (1) (a), 111.70 (3) (a) 5., 111.70 (4) (c) (title), 111.70 (4) (c) 2., 111.70 (4) (c)
93. (intro.), 111.70 (4) (cm) (title), 111.70 (4) (cm) 2., 3. and 4., 111.70 (4) (cm) 8m.,
10111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (p), 111.70 (8) (a), 111.71 (2), 111.77
11(9), 111.825 (5), 111.83 (1), 111.83 (4), 119.04 (1), 120.18 (1) (gm), 851.71 (4) and
12904.085 (2) (a); and to create 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (4) (c) 1g.,
13111.70 (4) (cm) 1g., 111.70 (4) (cm) 5., 111.70 (4) (cm) 6., 111.70 (4) (cm) 7., 111.70
14(4) (cm) 7g., 111.70 (4) (cm) 7r., 111.70 (4) (cm) 8., 111.70 (4) (n), 111.70 (7m) (c)

13., 111.70 (7m) (e), 111.71 (4) and 111.71 (5) of the statutes; relating to:
2bargaining over wages, hours, and conditions of employment for public
3employees.
Analysis by the Legislative Reference Bureau
Under current law, the only subject that most state and municipal employees
may collectively bargain is a percentage increase in base wages that does not exceed
the percentage increase in the consumer price index. This bill removes that
limitation so that state and municipal employees may bargain over any increase in
wages.
Also, under current law, certain protective occupation participants under the
Wisconsin Retirement System, known as public safety employees, and certain
municipal transit employees may collectively bargain wages, hours, and conditions
of employment. Under the bill, most state and general municipal employees may
collectively bargain hours and conditions of employment.
The bill also allows all municipal employers and labor organizations to agree
to a dispute settlement procedure, including binding interest arbitration, to resolve
an impasse over the terms of a collective bargaining agreement under the Municipal
Employment Relations Act.
Under current law, representatives for most municipal and state employee
bargaining units must be selected by at least 51 percent of the employees in the
bargaining unit. The bill changes that requirement to a simple majority of the
employees voting in the collective bargaining unit.
Finally, under current law, representatives for most municipal and state
employee bargaining units must be certified annually by receiving at least 51 percent
of the vote of the employees in the bargaining unit. The bill repeals this certification
requirement.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB854,1 4Section 1 . 20.425 (1) (i) of the statutes is amended to read:
SB854,3,95 20.425 (1) (i) Fees, collective bargaining training, publications, and appeals.
6The amounts in the schedule for the performance of fact-finding, mediation,
7certification, and arbitration functions, for the provision of copies of transcripts, for
8the cost of operating training programs under ss. 111.09 (3), 111.71 (5m) (5), and

1111.94 (3), for the preparation of publications, transcripts, reports, and other copied
2material, and for costs related to conducting appeals under s. 230.45. All moneys
3received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3)
4(b), 111.94 (1) and (2), and 230.45 (3), all moneys received from arbitrators and
5arbitration panel members, and individuals who are interested in serving in such
6positions, and from individuals and organizations who participate in other collective
7bargaining training programs conducted by the commission, and all moneys received
8from the sale of publications, transcripts, reports, and other copied material shall be
9credited to this appropriation account.
SB854,2 10Section 2. 66.0506 of the statutes is repealed.
SB854,3 11Section 3. 66.0508 of the statutes is repealed.
SB854,4 12Section 4. 66.0509 (1m) of the statutes is repealed.
SB854,5 13Section 5. 73.03 (68) of the statutes is repealed.
SB854,6 14Section 6. 111.70 (1) (a) of the statutes is amended to read:
SB854,4,415 111.70 (1) (a) “Collective bargaining" means the performance of the mutual
16obligation of a municipal employer, through its officers and agents, and the
17representative of its municipal employees in a collective bargaining unit, to meet and
18confer at reasonable times, in good faith, with the intention of reaching an
19agreement, or to resolve questions arising under such an agreement, with respect to
20wages, hours, and conditions of employment for public safety employees or transit
21employees and with respect to wages for general municipal employees
, and with
22respect to a requirement of the municipal employer for a municipal employee to
23perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
24(2e) and for a school district with respect to any matter under sub. (4) (n), except as
25provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal

1employer shall not meet and confer with respect to any proposal to diminish or
2abridge the rights guaranteed to any public safety employees under ch. 164.
3Collective bargaining includes the reduction of any agreement reached to a written
4and signed document.
SB854,7 5Section 7. 111.70 (1) (cm) of the statutes is repealed.
SB854,8 6Section 8 . 111.70 (3) (a) 5. of the statutes is amended to read:
SB854,4,157 111.70 (3) (a) 5. To violate any collective bargaining agreement previously
8agreed upon by the parties with respect to wages, hours, and conditions of
9employment affecting public safety employees or transit municipal employees,
10including an agreement to arbitrate questions arising as to the meaning or
11application of the terms of a collective bargaining agreement or to accept the terms
12of such arbitration award, where previously the parties have agreed to accept such
13award as final and binding upon them or to violate any collective bargaining
14agreement affecting general municipal employees, that was previously agreed upon
15by the parties with respect to wages
.
SB854,9 16Section 9 . 111.70 (3) (a) 7. of the statutes is created to read:
SB854,4,1817 111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
18lawfully made under sub. (4) (cm).
SB854,10 19Section 10 . 111.70 (3) (a) 7m. of the statutes is repealed.
SB854,11 20Section 11 . 111.70 (3) (b) 6. of the statutes is created to read:
SB854,4,2221 111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
22lawfully made under sub. (4) (cm).
SB854,12 23Section 12 . 111.70 (3) (b) 6m. of the statutes is repealed.
SB854,13 24Section 13 . 111.70 (4) (c) (title) of the statutes is amended to read:
SB854,5,2
1111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety
2employees
law enforcement and fire fighting personnel.
SB854,14 3Section 14 . 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m. and
4amended to read:
SB854,5,105 111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in
6labor disputes involving a collective bargaining unit containing a public safety
7employee
. Such mediation may be carried on by a person designated to act by the
8commission upon request of one or both of the parties or upon initiation of the
9commission. The function of the mediator is to encourage voluntary settlement by
10the parties but no mediator has the power of compulsion.
SB854,15 11Section 15 . 111.70 (4) (c) 1g. of the statutes is created to read:
SB854,5,1312 111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal
13employees who are engaged in law enforcement or fire fighting functions.
SB854,16 14Section 16 . 111.70 (4) (c) 2. of the statutes is amended to read:
SB854,5,1915 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
16or application of the terms of a written collective bargaining agreement involving a
17collective bargaining unit containing a public safety employee
may agree in writing
18to have the commission or any other appropriate agency serve as arbitrator or may
19designate any other competent, impartial and disinterested person to so serve.
SB854,17 20Section 17 . 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
SB854,6,321 111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
22involving a collective bargaining unit containing a public safety employee has not
23been settled after a reasonable period of negotiation and after the settlement
24procedures, if any, established by the parties have been exhausted, and the parties
25are deadlocked with respect to any dispute between them arising in the collective

1bargaining process, either party, or the parties jointly, may petition the commission,
2in writing, to initiate fact-finding, and to make recommendations to resolve the
3deadlock, as follows:
SB854,18 4Section 18 . 111.70 (4) (cg) of the statutes is repealed.
SB854,19 5Section 19 . 111.70 (4) (cm) (title) of the statutes is amended to read:
SB854,6,76 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general
7municipal employees
other personnel .
SB854,20 8Section 20 . 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm) 1m.
9and amended to read:
SB854,6,2010 111.70 (4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
11purpose of advising the commission of the commencement of contract negotiations
12involving a collective bargaining unit containing general municipal employees,
13whenever either party requests the other to reopen negotiations under a binding
14collective bargaining agreement, or the parties otherwise commence negotiations if
15no such agreement exists, the party requesting negotiations shall immediately notify
16the commission in writing. Upon failure of the requesting party to provide such
17notice, the other party may so notify the commission. The notice shall specify the
18expiration date of the existing collective bargaining agreement, if any, and shall set
19forth any additional information the commission may require on a form provided by
20the commission.
SB854,21 21Section 21 . 111.70 (4) (cm) 1g. of the statutes is created to read:
SB854,6,2322 111.70 (4) (cm) 1g. `Application.' a. Chapter 788 does not apply to arbitration
23proceedings under this paragraph.
SB854,6,2524 b. This paragraph does not apply to labor disputes involving municipal
25employees who are engaged in law enforcement or fire fighting functions.
SB854,22
1Section 22. 111.70 (4) (cm) 2., 3. and 4. of the statutes are amended to read:
Loading...
Loading...