Amendment AA6-ASA2-AB68

AB68-ASA2-AA6,68,8 (4) Certification of prevailing wage rates. The department of workforce development shall, by May 1 of each year, certify to the department of transportation the prevailing wage rates in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall, in addition to the current prevailing wage rates, include future prevailing wage rates when such prevailing wage rates can be determined for any such trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. The certification shall also include wage rates for work performed on Sundays or the holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day or night when work is performed. If a construction project extends into more than one area, the department shall determine only one standard of prevailing wage rates for the entire project.

AB68-ASA2-AA6,68,14 (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining prevailing wage rates for those projects, the department may not use data from any construction work that is performed by a state agency or a local governmental unit, as defined in s. 66.0903 (1) (d).

AB68-ASA2-AA6,68,18 (5) Appeals to governor. If the department of transportation considers any determination of the department of workforce development of the prevailing wage rates in an area to be incorrect, it may appeal to the governor, whose determination is final.

AB68-ASA2-AA6,69,9 (6) Contents of contracts. The department of transportation shall include a reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor in the notice published for the purpose of securing bids for a project. Except as otherwise provided in this subsection, if any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract. For a minor subcontract, as determined by the department of workforce development, that department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. The department of transportation shall post the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (7) in at least one conspicuous place that is easily accessible to the employees on the site of the project.

AB68-ASA2-AA6,69,13 (7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.

AB68-ASA2-AA6,69,21 (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive, or return any part of the wages to which the individual is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to an individual for work on a project that is not subject to this section during a week in which the individual works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1).

AB68-ASA2-AA6,70,5 (c) Any individual employed on a project that is subject to this section who knowingly allows a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the individual works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB68-ASA2-AA6,70,11 (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to allow any part of the wages to which the individual is entitled under the contract governing the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68-ASA2-AA6,70,16 (e) Any individual employed on a project that is subject to this section who knowingly allows any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68-ASA2-AA6,70,19 (f) Paragraph (a) does not apply to any individual who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) or (4).

AB68-ASA2-AA6,71,4 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m), and (6). The department of transportation may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB68-ASA2-AA6,336h Section 336h. 103.503 (1) (a) of the statutes is amended to read:

AB68-ASA2-AA6,71,11 103.503 (1) (a) “Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or while the employee was performing work on a public utility project.

AB68-ASA2-AA6,336i Section 336i. 103.503 (1) (e) of the statutes is amended to read:

AB68-ASA2-AA6,71,15 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or on a public utility project.

AB68-ASA2-AA6,336j Section 336j. 103.503 (1) (g) of the statutes is repealed and recreated to read:

AB68-ASA2-AA6,71,18 103.503 (1) (g) “Project of public works" means a project of public works that is subject to s. 66.0903 or 103.49.

AB68-ASA2-AA6,336k Section 336k. 103.503 (2) of the statutes is amended to read:

AB68-ASA2-AA6,72,2 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

AB68-ASA2-AA6,336L Section 336L. 103.503 (3) (a) 2. of the statutes is amended to read:

AB68-ASA2-AA6,72,11 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB68-ASA2-AA6,336m Section 336m. 104.001 (4) of the statutes is created to read:

AB68-ASA2-AA6,72,16 104.001 (4) This section does not affect the requirement that employees employed on a public works project contracted for by a city, village, town, or county be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under s. 66.0903.

AB68-ASA2-AA6,336r Section 336r. 106.04 of the statutes is created to read:

AB68-ASA2-AA6,72,21 106.04 Employment of apprentices on state public works projects. (1) Definition. In this section, “project" means a project of public works that is subject to s. 103.49 or 103.50 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.

AB68-ASA2-AA6,73,2 (2) Waiver. If the department grants an exception or modification to any requirement in any contract for the performance of work on a project relating to the employment and training of apprentices, the department shall post that information on its Internet site, together with a detailed explanation for granting the exception or modification.”.

AB68-ASA2-AA6,73,3 69. Page 335, line 15: after that line insert:

AB68-ASA2-AA6,73,4 “ Section 341a. 108.14 (27) (dg) and (dr) of the statutes are created to read:

AB68-ASA2-AA6,73,7 108.14 (27) (dg) The department shall allocate all available federal funding for the project under par. (a) before allocating any general purpose revenue for that purpose.

AB68-ASA2-AA6,73,15 (dr) If federal funding is received for the project under par. (a) prior to July 1, 2023, the secretary of administration may, to the extent permitted under federal law, lapse from the appropriation under s. 20.445 (1) (nc) to the general fund an amount not to exceed the amounts in the schedule under s. 20.445 (1) (ar) or the amount of federal funding received, whichever is less. This paragraph does not apply with respect to amounts received as administrative grants by the state under 42 USC 502 or to amounts received by this state under section 903 (d) of the federal Social Security Act, as amended, 42 USC 1103.”.

AB68-ASA2-AA6,73,16 70. Page 335, line 15: after that line insert:

AB68-ASA2-AA6,73,17 “ Section 341ac. 111.01 of the statutes is created to read:

AB68-ASA2-AA6,73,20 111.01 Declaration of policy. The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this subchapter is enacted, is declared to be as follows:

AB68-ASA2-AA6,73,24 (1) It recognizes that there are 3 major interests involved, namely: the public, the employee, and the employer. These 3 interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB68-ASA2-AA6,74,14 (2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production that require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

AB68-ASA2-AA6,74,19 (3) Negotiations of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee's own choosing, without intimidation or coercion from any source.

AB68-ASA2-AA6,75,2 (4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious, and impartial tribunal by which these interests may have their respective rights and obligations adjudicated. While limiting individual and group rights of aggression and defense, the state substitutes processes of justice for the more primitive methods of trial by combat.

AB68-ASA2-AA6,341ad Section 341ad. 111.04 (1) and (2) of the statutes are consolidated, renumbered 111.04 and amended to read:

AB68-ASA2-AA6,75,12 111.04 Rights of employees. Employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. (2) Employees shall also have the right to refrain from self-organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection such activities.

AB68-ASA2-AA6,341ae Section 341ae. 111.04 (3) of the statutes is repealed.

AB68-ASA2-AA6,341af Section 341af. 111.06 (1) (c) of the statutes is amended to read:

AB68-ASA2-AA6,76,16 111.06 (1) (c) 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 agreement is in effect. An employer may enter 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, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, 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 paragraph for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this paragraph. 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. An interested person may, as provided in s. 111.07, request the commission to perform this duty.

AB68-ASA2-AA6,341ag Section 341ag. 111.06 (1) (e) of the statutes is amended to read:

AB68-ASA2-AA6,76,20 111.06 (1) (e) To bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in par. (c).

AB68-ASA2-AA6,341ah Section 341ah. 111.06 (1) (i) of the statutes is amended to read:

AB68-ASA2-AA6,77,3 111.06 (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 to the employer at least 30 days' written notice of the termination. This paragraph applies to the extent permitted under federal law unless there is an all-union agreement in effect. The employer shall give notice to the labor organization of receipt of a notice of termination.”.

AB68-ASA2-AA6,77,4 71. Page 335, line 15: after that line insert:

AB68-ASA2-AA6,77,5 “ Section 341ab. 109.09 (1) of the statutes is amended to read:

AB68-ASA2-AA6,78,3 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to regarding alleged wage claims. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.49, 103.82, and 104.12 , and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

AB68-ASA2-AA6,341ai Section 341ai. 111.322 (2m) (a) of the statutes is amended to read:

AB68-ASA2-AA6,78,8 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB68-ASA2-AA6,341aj Section 341aj. 111.322 (2m) (b) of the statutes is amended to read:

AB68-ASA2-AA6,78,13 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB68-ASA2-AA6,341ak Section 341ak. 111.322 (2m) (c) of the statutes is created to read:

AB68-ASA2-AA6,78,17 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 103.49, or 229.8275.”.

AB68-ASA2-AA6,78,18 72. Page 335, line 15: after that line insert:

AB68-ASA2-AA6,78,19 “ Section 341aa. 109.03 (1) (b) of the statutes is amended to read:

AB68-ASA2-AA6,78,24 109.03 (1) (b) School district and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment.

AB68-ASA2-AA6,341aL Section 341aL. 111.70 (1) (a) of the statutes is amended to read:

AB68-ASA2-AA6,79,17 111.70 (1) (a) “Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or, for transit employees and, or for municipal employees in a collective bargaining unit that contains a frontline worker; with respect to wages for general municipal employees, who are in a collective bargaining unit that does not contain a frontline worker; and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e), except as provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB68-ASA2-AA6,341am Section 341am. 111.70 (1) (f) of the statutes is amended to read:

AB68-ASA2-AA6,80,2 111.70 (1) (f) “Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees or, transit employees , or a frontline worker under which all or any of the public safety employees or transit employees in the collective bargaining unit or all or any of the employees in a collective bargaining unit containing a frontline worker are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

AB68-ASA2-AA6,341an Section 341an. 111.70 (1) (fd) of the statutes is created to read:

AB68-ASA2-AA6,80,5 111.70 (1) (fd) “Frontline worker” means a municipal employee who is determined to be a frontline worker under sub. (4) (bm) 2.

AB68-ASA2-AA6,341ao Section 341ao. 111.70 (1) (fm) of the statutes is amended to read:

AB68-ASA2-AA6,80,8 111.70 (1) (fm) “General municipal employee" means a municipal employee who is not a public safety employee or, a transit employee, or a frontline worker.

AB68-ASA2-AA6,341ap Section 341ap. 111.70 (1) (n) of the statutes is amended to read:

AB68-ASA2-AA6,80,14 111.70 (1) (n) “Referendum" means a proceeding conducted by the commission in which public safety employees or transit employees in a collective bargaining unit or municipal employees in a collective bargaining unit containing a frontline worker may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement.

AB68-ASA2-AA6,341aq Section 341aq. 111.70 (1) (p) of the statutes is amended to read:

AB68-ASA2-AA6,80,17 111.70 (1) (p) “Transit employee" means a municipal employee who is determined to be a transit employee under sub. (4) (bm) 1.

AB68-ASA2-AA6,341ar Section 341ar. 111.70 (2) of the statutes is renumbered 111.70 (2) (a) and amended to read:

AB68-ASA2-AA6,82,2 111.70 (2) (a) Municipal employees have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee may not be covered by a fair-share agreement unless the general municipal employee is in a collective bargaining unit containing a frontline worker. Unless the general municipal employee is covered by a fair-share agreement, a general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or, a transit employee, however, or a municipal employee in a collective bargaining unit containing a frontline worker may be covered by a fair-share agreement and be required to pay dues in the manner provided in a the fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30 percent of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare any fair-share 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, creed, or sex to receive as a member any public safety employee or transit eligible municipal employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit municipal employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB68-ASA2-AA6,341as Section 341as. 111.70 (2) (b) of the statutes is created to read:

AB68-ASA2-AA6,82,10 111.70 (2) (b) General municipal employees who are not in a collective bargaining unit containing a frontline worker have the right to have their municipal employer consult with them, through a representative of their own choosing, with no intention of reaching an agreement, with respect to wages, hours, and conditions of employment. The right may be exercised when the municipal employer proposes or implements policy changes affecting wages, hours, or conditions of employment or, if no policy changes are proposed or implemented, at least quarterly.

AB68-ASA2-AA6,341at Section 341at. 111.70 (3) (a) 3. of the statutes is amended to read:

AB68-ASA2-AA6,82,15 111.70 (3) (a) 3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement that covers public safety employees or transit employees.

AB68-ASA2-AA6,341au Section 341au. 111.70 (3) (a) 5. of the statutes is amended to read:

AB68-ASA2-AA6,83,2 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours, and conditions of employment affecting public safety employees or, transit employees, or municipal employees in a collective bargaining unit containing a frontline worker, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting a collective bargaining unit containing only general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB68-ASA2-AA6,341av Section 341av. 111.70 (3) (a) 6. of the statutes is amended to read:

AB68-ASA2-AA6,83,11 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public safety employee or, a transit employee, or a municipal employee who is in a collective bargaining unit containing a frontline worker unless the municipal employer has been presented with an individual order therefor, signed by the employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee or transit municipal employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except when a fair-share agreement is in effect.

AB68-ASA2-AA6,341aw Section 341aw. 111.70 (3) (a) 9. of the statutes is amended to read:

AB68-ASA2-AA6,83,17 111.70 (3) (a) 9. If the collective bargaining unit contains a public safety employee or, transit employee, or frontline worker, after a collective bargaining agreement expires and before another collective bargaining agreement takes effect, to fail to follow any fair-share agreement in the expired collective bargaining agreement.

AB68-ASA2-AA6,341ax Section 341ax. 111.70 (3g) of the statutes is amended to read:

AB68-ASA2-AA6,83,22 111.70 (3g) Wage deduction prohibition. A municipal employer may not deduct labor organization dues from the earnings of a general municipal employee, unless the general municipal employee is in a collective bargaining unit that contains a frontline worker, or from the earnings of a supervisor.

AB68-ASA2-AA6,341ay Section 341ay. 111.70 (4) (bm) (title) of the statutes is amended to read:

AB68-ASA2-AA6,83,24 111.70 (4) (bm) (title) Transit employee or frontline worker determination.

AB68-ASA2-AA6,341az Section 341az. 111.70 (4) (bm) of the statutes is renumbered 111.70 (4) (bm) 1.

AB68-ASA2-AA6,341bb Section 341bb. 111.70 (4) (bm) 2. of the statutes is created to read:

AB68-ASA2-AA6,84,9 111.70 (4) (bm) 2. The commission shall determine that a municipal employee is a frontline worker if the commission finds that the municipal employee has regular job duties that include interacting with members of the public or with large populations of people or that directly involve the maintenance of public works. The commission may not determine that a public safety employee or a transit employee is a frontline worker.