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AB68-SSA1,1856 13Section 1856 . 111.35 (2) (e) of the statutes is amended to read:
AB68-SSA1,888,1614 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
15This paragraph does not apply with respect to violations concerning marijuana or
16tetrahydrocannabinols under 21 USC 841 to 865.
AB68-SSA1,1857 17Section 1857. 111.36 (title) of the statutes is amended to read:
AB68-SSA1,888,19 18111.36 (title) Sex, sexual orientation , gender expression, gender
19identity
; exceptions and special cases.
AB68-SSA1,1858 20Section 1858. 111.36 (1) (br) of the statutes is amended to read:
AB68-SSA1,889,621 111.36 (1) (br) Engaging in harassment that consists of unwelcome verbal or
22physical conduct directed at another individual because of that individual's gender,
23gender expression, or gender identity, other than the conduct described in par. (b),
24and that has the purpose or effect of creating an intimidating, hostile or offensive
25work environment or has the purpose or effect of substantially interfering with that

1individual's work performance. Under this paragraph, substantial interference with
2an employee's work performance or creation of an intimidating, hostile or offensive
3work environment is established when the conduct is such that a reasonable person
4under the same circumstances as the employee would consider the conduct
5sufficiently severe or pervasive to interfere substantially with the person's work
6performance or to create an intimidating, hostile or offensive work environment.
AB68-SSA1,1859 7Section 1859. 111.36 (1) (c) of the statutes is amended to read:
AB68-SSA1,889,118 111.36 (1) (c) Discriminating against any woman individual on the basis of
9pregnancy, childbirth, maternity parental leave or related medical conditions by
10engaging in any of the actions prohibited under s. 111.322, including, but not limited
11to, actions concerning fringe benefit programs covering illnesses and disability.
AB68-SSA1,1860 12Section 1860. 111.36 (1) (d) 1. of the statutes is amended to read:
AB68-SSA1,889,1913 111.36 (1) (d) 1. For any employer, labor organization, licensing agency or
14employment agency or other person to refuse
Refusing to hire, employ, admit or
15license, or to bar or terminate any individual; barring or terminating from
16employment, membership, or licensure any individual ,; or to discriminate
17discriminating against an any individual in promotion, in compensation , or in the
18terms, conditions, or privileges of employment because of the individual's sexual
19orientation,; or gender expression, or gender identity.
AB68-SSA1,1861 20Section 1861. 111.36 (1) (d) 2. of the statutes is amended to read:
AB68-SSA1,890,221 111.36 (1) (d) 2. For any employer, labor organization, licensing agency or
22employment agency or other person to discharge
Discharging or otherwise
23discriminate discriminating against any person because he or she the person has
24opposed any discriminatory practices under this paragraph or because he or she the

1person
has made a complaint, testified or assisted in any proceeding under this
2paragraph.
AB68-SSA1,1862 3Section 1862. 111.36 (4) of the statutes is created to read:
AB68-SSA1,890,84 111.36 (4) Notwithstanding s. 111.322, it is not employment discrimination for
5an employer to require an employee to adhere to reasonable workplace appearance,
6grooming, and dress standards not precluded by other provisions of state or federal
7law, provided that an employer shall allow an employee to appear or dress
8consistently with the employee's gender identity or gender expression.
AB68-SSA1,1863 9Section 1863. 111.39 (4) (b) of the statutes is amended to read:
AB68-SSA1,891,210 111.39 (4) (b) If the department finds probable cause to believe that any
11discrimination has been or is being committed, that unfair honesty testing has
12occurred or is occurring or that unfair genetic testing has occurred or is occurring,
13it may endeavor to eliminate the practice by conference, conciliation or persuasion.
14If the department does not eliminate the discrimination, unfair honesty testing or
15unfair genetic testing, the department shall issue and serve a written notice of
16hearing, specifying the nature of the discrimination that appears to have been
17committed or unfair honesty testing or unfair genetic testing that has occurred, and
18requiring the person named, in this section called the “respondent", to answer the
19complaint at a hearing before an examiner. The notice shall specify a time of hearing
20not less than 30 days after service of the complaint, and a place of hearing within
21either the county of the respondent's residence or the county in which the
22discrimination, unfair honesty testing or unfair genetic testing appears to have
23occurred
. The department shall designate the place of hearing, which may include
24a remote, web-based, or in-person hearing in a location accessible and in proximity

1to the parties
. The testimony at the hearing shall be recorded or taken down by a
2reporter appointed by the department.
AB68-SSA1,1864 3Section 1864 . 111.39 (4) (d) of the statutes is amended to read:
AB68-SSA1,891,174 111.39 (4) (d) The department shall serve a certified copy of the findings and
5order on the respondent, the order to have the same force as other orders of the
6department and be enforced as provided in s. 103.005. The department shall also
7serve a certified copy of the findings and order on the complainant, together with a
8notice advising the complainant about the right to seek, and the time for seeking,
9review by the commission under sub. (5); about the right to bring, and the time for
10bringing, an action for judicial review under s. 111.395; and about the right to bring,
11and the time for bringing, an action under s. 111.397 (1) (a).
Any person aggrieved
12by noncompliance with the order may have the order enforced specifically by suit in
13equity. If the examiner finds that the respondent has not engaged in discrimination,
14unfair honesty testing, or unfair genetic testing as alleged in the complaint, the
15department shall serve a certified copy of the examiner's findings served on the
16complainant, together with shall be accompanied by an order dismissing the
17complaint.
AB68-SSA1,1865 18Section 1865 . 111.39 (5) (b) of the statutes is amended to read:
AB68-SSA1,892,419 111.39 (5) (b) If no petition is filed the respondent or complainant does not file
20a petition under par. (a)
within 21 days from the date that a copy of the findings and
21order of the examiner is mailed to the last-known address of the respondent served
22on that party,
the findings and order shall be considered final for purposes of
23enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review,
24may either affirm, reverse, or modify the findings or order in whole or in part, or set
25aside the findings and order and remand to the department for further proceedings.

1Such actions shall be based on a review of the evidence submitted. If the commission
2is satisfied that a respondent or complainant has been prejudiced because of
3exceptional delay in the receipt of a copy of any findings and order it, the commission
4may extend the time another 21 days for filing the petition with the department.
AB68-SSA1,1866 5Section 1866 . 111.39 (5) (d) of the statutes is created to read:
AB68-SSA1,892,116 111.39 (5) (d) The commission shall serve a certified copy of the commission's
7decision on the respondent. The commission shall also serve a certified copy of the
8commission's decision on the complainant, together with a notice advising the
9complainant about the right to bring, and the time for bringing, an action for judicial
10review under s. 111.395 and about the right to bring, and the time for bringing, an
11action under s. 111.397 (1) (a).
AB68-SSA1,1867 12Section 1867 . 111.397 of the statutes is created to read:
AB68-SSA1,892,24 13111.397 Civil action. (1) (a) Except as provided in this paragraph, the
14department or an individual alleged or found to have been discriminated against or
15subjected to unfair honesty testing or unfair genetic testing may bring an action in
16circuit court requesting the relief described in sub. (2) (a) against an employer, labor
17organization, or employment agency that is alleged or found to have engaged in that
18discrimination, unfair honesty testing, or unfair genetic testing. The department or
19an individual alleged or found to have been discriminated against or subjected to
20unfair honesty testing or unfair genetic testing may not bring an action under this
21paragraph against a local governmental unit, as defined in s. 19.42 (7u), or against
22an employer, labor organization, or employment agency that employs fewer than 15
23individuals for each working day in each of 20 or more calendar weeks in the current
24or preceding year.
AB68-SSA1,893,4
1(b) If a petition for judicial review of the findings and order of the commission
2concerning the same violation as the violation giving rise to the action under par. (a)
3is filed, the circuit court shall consolidate the proceeding for judicial review and the
4action under par. (a).
AB68-SSA1,893,85 (c) An individual alleged or found to have been discriminated against or
6subjected to unfair honesty testing or unfair genetic testing is not required to file a
7complaint under s. 111.39 or seek review under s. 111.395 in order for the department
8or the individual to bring an action under par. (a).
AB68-SSA1,893,109 (d) An action under par. (a) shall be commenced within 300 days after the
10alleged discrimination, unfair honesty testing, or unfair genetic testing occurred.
AB68-SSA1,894,2 11(2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit
12court finds that discrimination, unfair honesty testing, or unfair genetic testing has
13occurred, or if such a finding has been made by an examiner or the commission and
14not been further appealed, the circuit court may order any relief that an examiner
15would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint
16filed under s. 111.39. In addition, the circuit court shall order the defendant to pay
17to the individual discriminated against or subjected to unfair honesty testing or
18unfair genetic testing any other compensatory damages, and punitive damages
19under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs
20and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or
21111.395, the circuit court shall specify whether the relief ordered under this
22paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395.
23The sum of the amount of compensatory damages for future economic losses and for
24pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and

1other noneconomic losses and the amount of punitive damages that a circuit court
2may order may not exceed the following:
AB68-SSA1,894,53 1. In the case of a defendant that employs 100 or fewer employees for each
4working day in each of 20 or more calendar weeks in the current or preceding year,
5$50,000.
AB68-SSA1,894,86 2. In the case of a defendant that employs more than 100 but fewer than 201
7employees for each working day in each of 20 or more calendar weeks in the current
8or preceding year, $100,000.
AB68-SSA1,894,119 3. In the case of a defendant that employs more than 200 but fewer than 501
10employees for each working day in each of 20 or more calendar weeks in the current
11or preceding year, $200,000.
AB68-SSA1,894,1412 4. In the case of a defendant that employs more than 500 employees for each
13working day in each of 20 or more calendar weeks in the current or preceding year,
14$300,000.
AB68-SSA1,894,1715 (b) If the circuit court orders a payment under par. (a) because of a violation of
16s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the
17employer of that individual is liable for the payment.
AB68-SSA1,894,2018 (c) 1. In this paragraph, “consumer price index" means the average of the
19consumer price index for all urban consumers, U.S. city average, as determined by
20the bureau of labor statistics of the federal department of labor.
AB68-SSA1,895,821 2. Except as provided in this subdivision, beginning on July 1, 2022, and on
22each July 1 after that, the department shall adjust the amounts specified in par. (a)
231., 2., 3., and 4. by calculating the percentage difference between the consumer price
24index for the 12-month period ending on December 31 of the preceding year and the
25consumer price index for the 12-month period ending on December 31 of the year

1before the preceding year and adjusting those amounts by that percentage
2difference. The department shall publish the adjusted amounts calculated under
3this subdivision in the Wisconsin Administrative Register, and the adjusted amounts
4shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year
5of publication. This subdivision does not apply if the consumer price index for the
612-month period ending on December 31 of the preceding year did not increase over
7the consumer price index for the 12-month period ending on December 31 of the year
8before the preceding year.
AB68-SSA1,1868 9Section 1868. 111.70 (1) (a) of the statutes is amended to read:
AB68-SSA1,895,2510 111.70 (1) (a) “Collective bargaining" means the performance of the mutual
11obligation of a municipal employer, through its officers and agents, and the
12representative of its municipal employees in a collective bargaining unit, to meet and
13confer at reasonable times, in good faith, with the intention of reaching an
14agreement, or to resolve questions arising under such an agreement, with respect to
15wages, hours, and conditions of employment for public safety employees or, for
16transit employees and, or for municipal employees in a collective bargaining unit
17that contains a frontline worker;
with respect to wages for general municipal
18employees, who are in a collective bargaining unit that does not contain a frontline
19worker;
and with respect to a requirement of the municipal employer for a municipal
20employee to perform law enforcement and fire fighting services under s. 60.553,
2161.66, or 62.13 (2e), except as provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and
22except that a municipal employer shall not meet and confer with respect to any
23proposal to diminish or abridge the rights guaranteed to any public safety employees
24under ch. 164. Collective bargaining includes the reduction of any agreement
25reached to a written and signed document.
AB68-SSA1,1869
1Section 1869. 111.70 (1) (f) of the statutes is amended to read:
AB68-SSA1,896,92 111.70 (1) (f) “Fair-share agreement" means an agreement between a
3municipal employer and a labor organization that represents public safety
4employees or, transit employees , or a frontline worker under which all or any of the
5public safety employees or transit employees in the collective bargaining unit or all
6or any of the employees in a collective bargaining unit containing a frontline worker

7are required to pay their proportionate share of the cost of the collective bargaining
8process and contract administration measured by the amount of dues uniformly
9required of all members.
AB68-SSA1,1870 10Section 1870. 111.70 (1) (fd) of the statutes is created to read:
AB68-SSA1,896,1211 111.70 (1) (fd) “Frontline worker” means a municipal employee who is
12determined to be a frontline worker under sub. (4) (bm) 2.
AB68-SSA1,1871 13Section 1871. 111.70 (1) (fm) of the statutes is amended to read:
AB68-SSA1,896,1514 111.70 (1) (fm) “General municipal employee" means a municipal employee
15who is not a public safety employee or, a transit employee, or a frontline worker.
AB68-SSA1,1872 16Section 1872. 111.70 (1) (n) of the statutes is amended to read:
AB68-SSA1,896,2117 111.70 (1) (n) “Referendum" means a proceeding conducted by the commission
18in which public safety employees or transit employees in a collective bargaining unit
19or municipal employees in a collective bargaining unit containing a frontline worker
20may cast a secret ballot on the question of authorizing a labor organization and the
21employer to continue a fair-share agreement.
AB68-SSA1,1873 22Section 1873. 111.70 (1) (p) of the statutes is amended to read:
AB68-SSA1,896,2423 111.70 (1) (p) “Transit employee" means a municipal employee who is
24determined to be a transit employee under sub. (4) (bm) 1.
AB68-SSA1,1874
1Section 1874. 111.70 (2) of the statutes is renumbered 111.70 (2) (a) and
2amended to read:
AB68-SSA1,898,103 111.70 (2) (a) Municipal employees have the right of self-organization, and the
4right to form, join, or assist labor organizations, to bargain collectively through
5representatives of their own choosing, and to engage in lawful, concerted activities
6for the purpose of collective bargaining or other mutual aid or protection. Municipal
7employees have the right to refrain from any and all such activities. A general
8municipal employee may not be covered by a fair-share agreement unless the
9general municipal employee is in a collective bargaining unit containing a frontline
10worker. Unless the general municipal employee is covered by a fair-share
11agreement, a general municipal employee
has the right to refrain from paying dues
12while remaining a member of a collective bargaining unit. A public safety employee
13or, a transit employee, however, or a municipal employee in a collective bargaining
14unit containing a frontline worker
may be covered by a fair-share agreement and be
15required to pay dues in the manner provided in a the fair-share agreement; a
16fair-share agreement covering a public safety employee or a transit employee must
17contain a provision requiring the municipal employer to deduct the amount of dues
18as certified by the labor organization from the earnings of the employee affected by
19the fair-share agreement and to pay the amount deducted to the labor organization.
20A fair-share agreement covering a public safety employee or transit employee is
21subject to the right of the municipal employer or a labor organization to petition the
22commission to conduct a referendum. Such petition must be supported by proof that
23at least 30 percent of the employees in the collective bargaining unit desire that the
24fair-share agreement be terminated. Upon so finding, the commission shall conduct
25a referendum. If the continuation of the agreement is not supported by at least the

1majority of the eligible employees, it shall terminate. The commission shall declare
2any fair-share agreement suspended upon such conditions and for such time as the
3commission decides whenever it finds that the labor organization involved has
4refused on the basis of race, color, sexual orientation, gender expression, as defined
5in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k),
creed, or sex to receive
6as a member any public safety employee or transit eligible municipal employee of the
7municipal employer
in the bargaining unit involved, and such agreement is subject
8to this duty of the commission. Any of the parties to such agreement or any public
9safety employee or transit
municipal employee covered by the agreement may come
10before the commission, as provided in s. 111.07, and ask the performance of this duty.
AB68-SSA1,1875 11Section 1875. 111.70 (2) (b) of the statutes is created to read:
AB68-SSA1,898,1812 111.70 (2) (b) General municipal employees who are not in a collective
13bargaining unit containing a frontline worker have the right to have their municipal
14employer consult with them, through a representative of their own choosing, with no
15intention of reaching an agreement, with respect to wages, hours, and conditions of
16employment. The right may be exercised when the municipal employer proposes or
17implements policy changes affecting wages, hours, or conditions of employment or,
18if no policy changes are proposed or implemented, at least quarterly.
AB68-SSA1,1876 19Section 1876. 111.70 (3) (a) 3. of the statutes is amended to read:
AB68-SSA1,898,2320 111.70 (3) (a) 3. To encourage or discourage a membership in any labor
21organization by discrimination in regard to hiring, tenure, or other terms or
22conditions of employment; but the prohibition shall not apply to a fair-share
23agreement that covers public safety employees or transit employees.
AB68-SSA1,1877 24Section 1877. 111.70 (3) (a) 5. of the statutes is amended to read:
AB68-SSA1,899,10
1111.70 (3) (a) 5. To violate any collective bargaining agreement previously
2agreed upon by the parties with respect to wages, hours, and conditions of
3employment affecting public safety employees or, transit employees, or municipal
4employees in a collective bargaining unit containing a frontline worker,
including an
5agreement to arbitrate questions arising as to the meaning or application of the
6terms of a collective bargaining agreement or to accept the terms of such arbitration
7award, where previously the parties have agreed to accept such award as final and
8binding upon them or to violate any collective bargaining agreement affecting a
9collective bargaining unit containing only
general municipal employees, that was
10previously agreed upon by the parties with respect to wages.
AB68-SSA1,1878 11Section 1878. 111.70 (3) (a) 6. of the statutes is amended to read:
AB68-SSA1,899,1912 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public
13safety employee or, a transit employee, or a municipal employee who is in a collective
14bargaining unit containing a frontline worker
unless the municipal employer has
15been presented with an individual order therefor, signed by the employee personally,
16and terminable by at least the end of any year of its life or earlier by the public safety
17employee or transit
municipal employee giving at least 30 days' written notice of such
18termination to the municipal employer and to the representative organization,
19except when a fair-share agreement is in effect.
AB68-SSA1,1879 20Section 1879. 111.70 (3) (a) 9. of the statutes is amended to read:
AB68-SSA1,899,2521 111.70 (3) (a) 9. If the collective bargaining unit contains a public safety
22employee or, transit employee, or frontline worker, after a collective bargaining
23agreement expires and before another collective bargaining agreement takes effect,
24to fail to follow any fair-share agreement in the expired collective bargaining
25agreement.
AB68-SSA1,1880
1Section 1880. 111.70 (3g) of the statutes is amended to read:
AB68-SSA1,900,52 111.70 (3g) Wage deduction prohibition. A municipal employer may not
3deduct labor organization dues from the earnings of a general municipal employee,
4unless the general municipal employee is in a collective bargaining unit that
5contains a frontline worker,
or from the earnings of a supervisor.
AB68-SSA1,1881 6Section 1881. 111.70 (4) (bm) (title) of the statutes is amended to read:
AB68-SSA1,900,77 111.70 (4) (bm) (title) Transit employee or frontline worker determination.
AB68-SSA1,1882 8Section 1882. 111.70 (4) (bm) of the statutes is renumbered 111.70 (4) (bm) 1.
AB68-SSA1,1883 9Section 1883. 111.70 (4) (bm) 2. of the statutes is created to read:
AB68-SSA1,900,1510 111.70 (4) (bm) 2. The commission shall determine that a municipal employee
11is a frontline worker if the commission finds that the municipal employee has regular
12job duties that include interacting with members of the public or with large
13populations of people or that directly involve the maintenance of public works. The
14commission may not determine that a public safety employee or a transit employee
15is a frontline worker.
AB68-SSA1,1884 16Section 1884. 111.70 (4) (cg) (title), 1., 2., 3., 4. and 5. of the statutes are
17amended to read:
AB68-SSA1,901,518 111.70 (4) (cg) (title) Methods for peaceful settlement of disputes; transit
19employees
and municipal employees in a collective bargaining unit containing a
20frontline worker
. 1. `Notice of commencement of contract negotiations.' To advise the
21commission of the commencement of contract negotiations involving a collective
22bargaining unit containing transit employees or a collective bargaining unit
23containing a frontline worker
, whenever either party requests the other to reopen
24negotiations under a binding collective bargaining agreement, or the parties
25otherwise commence negotiations if no collective bargaining agreement exists, the

1party requesting negotiations shall immediately notify the commission in writing.
2Upon failure of the requesting party to provide notice, the other party may provide
3notice to the commission. The notice shall specify the expiration date of the existing
4collective bargaining agreement, if any, and shall provide any additional information
5the commission may require on a form provided by the commission.
AB68-SSA1,901,136 2. `Presentation of initial proposals; open meetings.' The meetings between
7parties to a collective bargaining agreement or proposed collective bargaining
8agreement under this subchapter that involve a collective bargaining unit
9containing a transit employee or a frontline worker and that are held to present
10initial bargaining proposals, along with supporting rationale, are open to the public.
11Each party shall submit its initial bargaining proposals to the other party in writing.
12Failure to comply with this subdivision does not invalidate a collective bargaining
13agreement under this subchapter.
AB68-SSA1,901,1914 3. `Mediation.' The commission or its designee shall function as mediator in
15labor disputes involving transit employees or municipal employees in a collective
16bargaining unit containing a frontline worker
upon request of one or both of the
17parties, or upon initiation of the commission. The function of the mediator is to
18encourage voluntary settlement by the parties. No mediator has the power of
19compulsion.
AB68-SSA1,901,2520 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
21application of the terms of a written collective bargaining agreement involving a
22collective bargaining unit containing a transit employee or a frontline worker may
23agree in writing to have the commission or any other appropriate agency serve as
24arbitrator or may designate any other competent, impartial, and disinterested
25person to serve as an arbitrator.
AB68-SSA1,902,10
15. `Voluntary impasse resolution procedures.' In addition to the other impasse
2resolution procedures provided in this paragraph, a municipal employer that
3employs a transit employee or a municipal employee in a collective bargaining unit
4containing a frontline worker
and a labor organization may at any time, as a
5permissive subject of bargaining, agree in writing to a dispute settlement procedure,
6including binding interest arbitration, which is acceptable to the parties for
7resolving an impasse over terms of any collective bargaining agreement under this
8subchapter. The parties shall file a copy of the agreement with the commission. If
9the parties agree to any form of binding interest arbitration, the arbitrator shall give
10weight to the factors enumerated under subds. 7. and 7g.
AB68-SSA1,1885 11Section 1885. 111.70 (4) (cg) 6. a. of the statutes is amended to read:
AB68-SSA1,903,212 111.70 (4) (cg) 6. a. If, in any collective bargaining unit containing transit
13employees or a frontline worker, a dispute has not been settled after a reasonable
14period of negotiation and after mediation by the commission under subd. 3. and other
15settlement procedures, if any, established by the parties have been exhausted, and
16the parties are deadlocked with respect to any dispute between them over wages,
17hours, or conditions of employment to be included in a new collective bargaining
18agreement, either party, or the parties jointly, may petition the commission, in
19writing, to initiate compulsory, final, and binding arbitration, as provided in this
20paragraph. At the time the petition is filed, the petitioning party shall submit in
21writing to the other party and the commission its preliminary final offer containing
22its latest proposals on all issues in dispute. Within 14 calendar days after the date
23of that submission, the other party shall submit in writing its preliminary final offer
24on all disputed issues to the petitioning party and the commission. If a petition is

1filed jointly, both parties shall exchange their preliminary final offers in writing and
2submit copies to the commission when the petition is filed.
AB68-SSA1,1886 3Section 1886. 111.70 (4) (cg) 7r. d., e. and f. of the statutes are amended to read:
AB68-SSA1,903,74 111.70 (4) (cg) 7r. d. Comparison of wages, hours , and conditions of employment
5of the transit municipal employees involved in the arbitration proceedings with the
6wages, hours, and conditions of employment of other employees performing similar
7services.
AB68-SSA1,903,118 e. Comparison of the wages, hours, and conditions of employment of the transit
9municipal employees involved in the arbitration proceedings with the wages, hours,
10and conditions of employment of other employees generally in public employment in
11the same community and in comparable communities.
AB68-SSA1,903,1512 f. Comparison of the wages, hours, and conditions of employment of the transit
13municipal employees involved in the arbitration proceedings with the wages, hours,
14and conditions of employment of other employees in private employment in the same
15community and in comparable communities.
AB68-SSA1,1887 16Section 1887. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:
AB68-SSA1,903,2117 111.70 (4) (cg) 7r. h. The overall compensation presently received by the transit
18municipal employees involved in the arbitration proceedings, including direct wage
19compensation, vacation, holidays, and excused time, insurance and pensions,
20medical and hospitalization benefits, the continuity and stability of employment,
21and all other benefits received.
AB68-SSA1,1888 22Section 1888. 111.70 (4) (cg) 8m. of the statutes is amended to read:
AB68-SSA1,904,1023 111.70 (4) (cg) 8m. `Term of agreement; reopening of negotiations.' Except for
24the initial collective bargaining agreement between the parties and except as the
25parties otherwise agree, every collective bargaining agreement covering transit

1employees or a frontline worker shall be for a term of 2 years, but in no case may a
2collective bargaining agreement for any collective bargaining unit consisting of
3transit employees
subject to this paragraph be for a term exceeding 3 years. No
4arbitration award involving transit employees or a frontline worker may contain a
5provision for reopening of negotiations during the term of a collective bargaining
6agreement, unless both parties agree to such a provision. The requirement for
7agreement by both parties does not apply to a provision for reopening of negotiations
8with respect to any portion of an agreement that is declared invalid by a court or
9administrative agency or rendered invalid by the enactment of a law or promulgation
10of a federal regulation.
AB68-SSA1,1889 11Section 1889. 111.70 (4) (d) 1. of the statutes is amended to read:
AB68-SSA1,905,212 111.70 (4) (d) 1. A representative chosen for the purposes of collective
13bargaining by a majority of the public safety employees or transit municipal
14employees voting in a collective bargaining unit shall be the exclusive representative
15of all employees in the unit for the purpose of collective bargaining. A representative
16chosen for the purposes of collective bargaining by at least 51 percent of the general
17municipal employees in a collective bargaining unit shall be the exclusive
18representative of all employees in the unit for the purpose of collective bargaining.

19Any individual employee, or any minority group of employees in any collective
20bargaining unit, shall have the right to present grievances to the municipal employer
21in person or through representatives of their own choosing, and the municipal
22employer shall confer with the employee in relation thereto, if the majority
23representative has been afforded the opportunity to be present at the conferences.
24Any adjustment resulting from these conferences may not be inconsistent with the

1conditions of employment established by the majority representative and the
2municipal employer.
AB68-SSA1,1890 3Section 1890. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB68-SSA1,906,164 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
5bargaining unit for the purpose of collective bargaining and shall whenever possible
6avoid fragmentation by maintaining as few collective bargaining units as practicable
7in keeping with the size of the total municipal workforce. The commission may
8decide whether, in a particular case, the municipal employees in the same or several
9departments, divisions, institutions, crafts, professions, or other occupational
10groupings constitute a collective bargaining unit. Before making its determination,
11the commission may provide an opportunity for the municipal employees concerned
12to determine, by secret ballot, whether they desire to be established as a separate
13collective bargaining unit. The commission may not decide, however, that any group
14of municipal employees constitutes an appropriate collective bargaining unit if the
15group includes both professional employees and nonprofessional employees, unless
16a majority of the professional employees vote for inclusion in the unit. The
17commission may not decide that any group of municipal employees constitutes an
18appropriate collective bargaining unit if the group includes both school district
19employees and general municipal employees who are not school district employees.
20The commission may not decide that any group of municipal employees constitutes
21an appropriate collective bargaining unit if the group includes both public safety
22employees and general municipal employees, if the group includes both transit
23employees and general municipal employees, or if the group includes both transit
24employees and public safety employees
place public safety employees in a collective
25bargaining unit with employees who are not public safety employees or place transit

1employees in a collective bargaining unit with employees who are not transit
2employees. The commission may place frontline workers in a collective bargaining
3unit with municipal employees who are not frontline workers if the commission
4determines it is appropriate; if the commission places in a collective bargaining unit
5frontline workers and municipal employees who are not frontline workers, the
6collective bargaining unit is treated as if all employees in the collective bargaining
7unit are frontline workers
. The commission may not decide that any group of
8municipal employees constitutes an appropriate collective bargaining unit if the
9group includes both craft employees and noncraft employees unless a majority of the
10craft employees vote for inclusion in the unit. The commission shall place the
11professional employees who are assigned to perform any services at a charter school,
12as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
13includes any other professional employees whenever at least 30 percent of those
14professional employees request an election to be held to determine that issue and a
15majority of the professional employees at the charter school who cast votes in the
16election decide to be represented in a separate collective bargaining unit.
AB68-SSA1,1891 17Section 1891. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
18renumbered 111.70 (4) (d) 3.
AB68-SSA1,1892 19Section 1892. 111.70 (4) (d) 3. b. of the statutes is repealed.
AB68-SSA1,1893 20Section 1893. 111.70 (4) (mb) (intro.) of the statutes is amended to read:
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