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AB438,13,13 7(1m) (a) No maintenance of membership agreement may become effective
8unless authorized by a referendum. The commission shall order a referendum
9whenever it receives a petition supported by proof that at least 30 percent of the
10employees in a collective bargaining unit desire that a maintenance of membership
11agreement be entered into between the employer and a labor organization. A petition
12may specify that a referendum is requested on a maintenance of membership
13agreement only, in which case the ballot is limited to that question.
AB438,13,1614 (b) For a maintenance of membership agreement to be authorized, at least a
15majority of the eligible employees voting in a referendum must vote in favor of the
16agreement.
AB438,14,417 (c) If a maintenance of membership agreement is authorized in a referendum,
18the employer shall enter into an agreement with the labor organization named on the
19ballot in the referendum. Each maintenance of membership agreement must
20contain a provision requiring the employer to deduct the amount of dues as certified
21by the labor organization from the earnings of the employees affected by the
22agreement and to pay the amount deducted to the labor organization. Unless the
23parties agree to an earlier date, the agreement takes effect 60 days after the
24commission certifies that the referendum vote authorized the agreement. The
25employer is held harmless against any claims, demands, suits, and other forms of

1liability made by employees or local labor organizations that may arise for actions
2taken by the employer in compliance with this section. All lawful claims, demands,
3suits, and other forms of liability are the responsibility of the labor organization
4entering into the agreement.
AB438,14,105 (d) Under each maintenance of membership agreement, an employee who has
6religious convictions against dues payments to a labor organization based on
7teachings or tenets of a church or religious body of which he or she is a member shall,
8upon request to the labor organization, have his or her dues paid to a charity
9mutually agreed upon by the employee and the labor organization. Any dispute
10concerning this paragraph may be submitted to the commission for adjudication.
AB438,14,23 11(2) (a) A maintenance of membership agreement, once authorized, continues
12in effect, subject to the right of the employer or labor organization to petition the
13commission to conduct a new referendum. The commission shall conduct a new
14referendum whenever it receives a petition supported by proof that at least 30
15percent of the employees in a collective bargaining unit desire that the maintenance
16of membership agreement be discontinued. If, in the referendum, a number that is
17at least the percentage of eligible voting employees required for initial authorization
18approve the continuance of the maintenance of membership agreement, the
19membership is continued in effect, subject to the right of the employer or labor
20organization to initiate a further vote using the procedure in this subsection. If the
21continuation of the agreement is not supported in the referendum, the agreement
22terminates when the collective bargaining agreement terminates or one year from
23the date of the certification of the results of the referendum, whichever is earlier.
AB438,15,624 (b) The commission shall suspend any maintenance of membership agreement
25upon conditions and for the time as the commission decides if the commissioner finds

1that the labor organization has refused on the basis of race, color, sexual orientation,
2or creed, to receive as a member any employee in the collective bargaining unit
3involved, and the agreement is subject to the findings and the orders of the
4commission. Any party to the agreement or any employee covered by the agreement
5may come before the commission, as provided in s. 111.07, and petition the
6commission to make a finding.
AB438,15,9 7(3) A stipulation for a referendum executed by an employer and a labor
8organization may not be filed until after the representation election has been held
9and the results certified.
AB438,15,12 10(4) The commission may, under rules adopted for that purpose, appoint as its
11agent an official of the University of Wisconsin Hospitals and Clinics Authority to
12conduct the referenda provided for in this section.
AB438,31 13Section 31. 111.115 (title) of the statutes is amended to read:
AB438,15,14 14111.115 (title) Notice of certain proposed lockouts or strikes.
AB438,32 15Section 32. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and
16amended to read:
AB438,15,1717 111.115 (1) (intro.) In this section, “strike":
AB438,15,21 18(b) “Strike” includes any concerted stoppage of work by employees, and any
19concerted slowdown or other concerted interruption of operations or services by
20employees, or any concerted refusal of employees to work or perform their usual
21duties as employees, for the purpose of enforcing demands upon an employer.
AB438,33 22Section 33. 111.115 (1) (a) of the statutes is created to read:
AB438,16,323 111.115 (1) (a) “Lockout" means the barring of one or more employees from their
24employment in an establishment by an employer as a part of a labor dispute, which
25is not directly subsequent to a strike or other job action of a labor organization or

1group of employees of the employer or which continues or occurs after the
2termination of a strike or other job action of a labor organization or group of
3employees of the employer.
AB438,34 4Section 34. 111.115 (2) of the statutes is created to read:
AB438,16,125 111.115 (2) If no collective bargaining agreement is in effect between the
6University of Wisconsin Hospitals and Clinics Authority and the certified
7representative of employees of that authority in a collective bargaining unit, the
8employer may not engage in a lockout affecting employees in that collective
9bargaining unit without first giving 10 days' written notice to the representative of
10its intention to engage in a lockout, and the representative may not engage in a strike
11without first giving 10 days' written notice to the employer of its intention to engage
12in a strike.
AB438,35 13Section 35. 111.13 of the statutes is created to read:
AB438,16,17 14111.13 All-union agreements and maintenance of membership
15agreements. (1)
(a) This section only applies to collective bargaining units
16comprised of employees of the University of Wisconsin Hospitals and Clinics
17Authority.
AB438,16,2518 (b) An employer may enter into an all-union agreement with the voluntarily
19recognized representative of the employees in a collective bargaining unit where at
20least a majority of the employees voting have voted affirmatively, by secret ballot, in
21favor of an all-union agreement in a referendum conducted by the commission,
22except that, if the bargaining representative has been certified by either the
23commission or the national labor relations board as the result of a representation
24election, no referendum is required to authorize the entry into an all-union
25agreement.
AB438,17,17
1(c) An all-union agreement remains in force, subject to the right of either party
2to the agreement to petition the commission to conduct a new referendum. If the
3commission receives a petition and subsequently determines that there are
4reasonable grounds to believe that the employees concerned have changed their
5attitude toward the all-union agreement, the commission shall conduct a
6referendum. If, in the referendum, the support for the continuance of the all-union
7agreement is at least equal to the support needed for initial authorization, the
8agreement remains in force, subject to the right to petition for a further vote under
9this paragraph. If the support for the continuance of the all-union agreement is less
10than the support needed for initial authorization, the agreement is terminated at the
11termination of the contract of which it is a part or at the end of one year from the date
12of the commission's announcement of the referendum results, whichever is earlier.
13The commission shall terminate any all-union agreement whenever it finds that the
14labor organization involved has unreasonably refused to receive as a member any
15employee of such employer, and each all-union agreement is subject to the duty of
16the commission. Any interested person may come before the commission as provided
17in s. 111.07 and ask performance of this duty.
AB438,17,25 18(2) The University of Wisconsin Hospitals and Clinics Authority and a labor
19organization representing employees of that authority may enter into a maintenance
20of membership agreement that requires that all of the employees have dues deducted
21under s. 20.921 (1) or 111.06 (1) (i). Employees whose dues are being deducted from
22earnings at the time the agreement takes effect shall continue to have dues deducted
23for the duration of the agreement. Employees who are hired on or after the effective
24date of the agreement shall have dues deducted upon hiring for the duration of the
25agreement.
AB438,36
1Section 36. 111.17 of the statutes is renumbered 111.17 (intro.) and amended
2to read:
AB438,18,5 3111.17 Conflict of provisions; effect. (intro.) Wherever the application of
4the provisions of other statutes or laws conflict with the application of the provisions
5of this subchapter, this subchapter shall prevail, except that in:
AB438,18,7 6(1) In any situation where the provisions of this subchapter cannot be validly
7enforced the provisions of such other statutes or laws shall apply.
AB438,37 8Section 37. 111.17 (2) of the statutes is created to read:
AB438,18,209 111.17 (2) All fringe benefits authorized or required to be provided by the
10University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
1140 shall be governed exclusively by ch. 40, except that where any provision of ch. 40
12specifically allows a collective bargaining agreement under this subchapter to
13govern the eligibility for or the application, cost, or terms of a fringe benefit under
14ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe
15benefit under ch. 40 shall be governed by a collective bargaining agreement under
16this subchapter, a collective bargaining agreement may contain a provision so
17governing and the provision supersedes any provision of ch. 40 with respect to the
18employees to whom the agreement applies. The employer is prohibited from
19engaging in collective bargaining concerning any matter governed exclusively by ch.
2040 under this subsection.
AB438,38 21Section 38. 233.03 (7) of the statutes is amended to read:
AB438,19,222 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act 27, section
239159 (4), and the duty to engage in collective bargaining with employees in a
24collective bargaining unit for which a representative is certified under subch. I of ch.
25111,
employ any agent, employee or special advisor that the authority finds

1necessary and fix his or her compensation and provide any employee benefits,
2including an employee pension plan.
AB438,39 3Section 39. 233.04 (2e) of the statutes is created to read:
AB438,19,104 233.04 (2e) Allow representatives of collective bargaining units representing
5employees of the authority to present information for at least 30 minutes regarding
6the collective bargaining units, the selection of representatives, the work of the
7representatives, and the collective bargaining process at any mandatory orientation
8session provided by the authority to new employees. The authority shall provide 48
9hours' notice of such a mandatory orientation session to representatives of each
10collective bargaining unit that represents employees of the authority.
AB438,40 11Section 40. 233.04 (2m) of the statutes is created to read:
AB438,19,1412 233.04 (2m) Provide an accurate list of all individuals employed by the
13authority to the employment relations commission and the representative of a
14collective bargaining unit when requested by the employment relations commission.
AB438,41 15Section 41. 233.04 (2s) of the statutes is created to read:
AB438,19,2316 233.04 (2s) Allow representatives of collective bargaining units representing
17employees of the authority to meet with employees of the authority during nonwork
18periods in building areas typically used by employees during nonwork periods, such
19as break rooms, conference rooms, and cafeterias, for organizing activity.
20Representatives of collective bargaining units representing employees of the
21authority shall provide notice to the authority of such a meeting at least 8 hours
22before such a meeting. Not more than 5 representatives of a collective bargaining
23unit may attend such a meeting.
AB438,42 24Section 42. 233.10 (2) (intro.) of the statutes is amended to read:
AB438,20,4
1233.10 (2) (intro.) Subject to subs. (3), (3r) and (3t) and ch. 40, and the duty to
2engage in collective bargaining with employees in a collective bargaining unit for
3which a representative is certified under subch. I of ch. 111,
the authority shall
4establish any of the following:
AB438,20,55 (End)
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