AB687: Bill Text

AB687,17,21 111.70 (7m) (c) 1. a. Any labor organization that represents public safety employees or transit employees which violates sub. (4) (L) may not collect any dues under a collective bargaining agreement or under a fair-share agreement from any employee covered by either agreement for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the public safety employees or transit employees covered by the collective bargaining agreement or fair-share agreement or the agreement is no longer in effect. Any labor organization that represents school district employees, cooperative educational service agency employees, or technical college employees which violates sub. (4) (L) may not collect any dues under a collective bargaining agreement from any employee covered by the agreement for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the school district employees, cooperative educational service agency employees, or technical college employees covered by the agreement or the agreement is no longer in effect.

AB687,36 Section 36 . 111.81 (1) of the statutes is amended to read:

AB687,18,8 111.81 (1) “Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect to public safety employees and employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), and to the subjects of bargaining provided in s. 111.91 (3), with respect to general employees, with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB687,37 Section 37. 111.81 (9g) of the statutes is amended to read:

AB687,18,12 111.81 (9g) “General employee" means an employee who is not a public safety employee or an employee who is represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t).

AB687,38 Section 38. 111.81 (12m) of the statutes is amended to read:

AB687,18,21 111.81 (12m) “Maintenance of membership agreement" means an agreement between the employer and a labor organization representing public safety employees or a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) which requires that all of the public safety employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement, and that dues shall be deducted from the earnings of all public safety such employees who are hired on or after the effective date of the agreement.

AB687,39 Section 39. 111.81 (16) of the statutes is amended to read:

AB687,19,6 111.81 (16) “Referendum" means a proceeding conducted by the commission in which public safety employees in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement or a proceeding conducted by the commission in which employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) may cast a secret ballot on the question of directing the labor organization and the employer to enter into a maintenance of membership agreement or to terminate such an agreement.

AB687,40 Section 40. 111.825 (5) of the statutes is amended to read:

AB687,19,22 111.825 (5) Although supervisors are not considered employees for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employees. For purposes of this subsection, affiliation does not include membership in a national, state, county or municipal federation of national or international labor organizations. The certified representative of supervisors who are not public safety employees or employees represented by a collective bargaining unit under sub. (1r) (a) to (ec), (eh), (ei), or (f) or (1t) may not bargain collectively with respect to any matter other than wages as provided in s. 111.91 (3), and the certified representative of supervisors who are public safety employees or employees represented by a collective bargaining unit under sub. (1r) (a) to (ec), (eh), (ei), or (f) or (1t) may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (1).

AB687,41 Section 41. 111.83 (1) of the statutes is amended to read:

AB687,20,13 111.83 (1) Except as provided in sub. (5), a representative chosen for the purposes of collective bargaining by at least 51 percent of the general employees in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees or employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with the employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

AB687,42 Section 42. 111.83 (5) (d) of the statutes is amended to read:

AB687,20,21 111.83 (5) (d) If at an election held under par. (b), at least 51 percent a majority of the employees in the collective bargaining unit eligible to vote in the election and voting in the election at all institutions in which the choice to participate in collective bargaining receives at least 51 percent a majority of the eligible votes elect to be represented by a single labor organization, that labor organization shall be the exclusive representative for all employees in that collective bargaining unit, except those excluded under par. (c).

AB687,43 Section 43. 111.83 (5) (e) of the statutes is amended to read:

AB687,21,4 111.83 (5) (e) If at an election held under par. (b), at least 51 percent a majority of the employees in the collective bargaining unit eligible to vote in the election and voting in the election at all institutions in which the choice to participate in collective bargaining receives at least 51 percent a majority of the eligible votes do not elect to be represented by a single labor organization, the commission may hold one or more runoff elections under sub. (4) until one representative receives at least 51 percent a majority of the eligible votes.

AB687,44 Section 44. 111.83 (5) (f) of the statutes is amended to read:

AB687,21,16 111.83 (5) (f) Notwithstanding par. (b), if a labor organization is certified to represent the employees within the collective bargaining unit at one or more institutions, and a petition is filed with the commission indicating a showing of interest by the employees at an institution which is not a part of the unit under par. (c) to be represented by a labor organization, the only question which may appear on the ballot shall be whether the employees desire to participate in collective bargaining. A petition under this paragraph may be filed only during June in an even-numbered year. If at least 51 percent a majority of the employees eligible to vote in the election at the institution who are included within the collective bargaining unit vote to participate in collective bargaining, the employees at that institution shall become a part of that collective bargaining unit.

AB687,45 Section 45. 111.84 (1) (f) of the statutes is amended to read:

AB687,22,4 111.84 (1) (f) To deduct labor organization dues from the earnings of a public safety employee, or an employee who is represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), unless the employer has been presented with an individual order therefor, signed by the public safety employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a fair-share or maintenance of membership agreement in effect for a public safety employee, or a maintenance of membership agreement in effect for an employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t). The employer shall give notice to the labor organization of receipt of such notice of termination.

AB687,46 Section 46. 111.85 (1) (a) of the statutes is amended to read:

AB687,22,20 111.85 (1) (a) No fair-share or maintenance of membership agreement covering public safety employees may become effective unless authorized by a referendum. No maintenance of membership agreement covering employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) may become effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the public safety employees in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) desire that a maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.

AB687,47 Section 47. 111.85 (1) (b) of the statutes is amended to read:

AB687,23,5 111.85 (1) (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible public safety employees voting in a referendum shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible public safety employees or employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) voting in a referendum shall vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible public safety employees vote in favor of the agreement, a maintenance of membership agreement is authorized.

AB687,48 Section 48. 111.85 (1) (c) of the statutes is amended to read:

AB687,23,20 111.85 (1) (c) If a fair-share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employees affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety employees or local labor organizations which may arise for actions taken by the employer in compliance with this section. All such lawful claims, demands, suits and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB687,49 Section 49. 111.85 (1) (d) of the statutes is amended to read:

AB687,24,9 111.85 (1) (d) Under each fair-share or maintenance of membership agreement, a public safety employee who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the public safety employee and the labor organization. Under each maintenance of membership agreement, an employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

AB687,50 Section 50. 111.85 (2) (a) of the statutes is amended to read:

AB687,25,7 111.85 (2) (a) Once authorized, a fair-share or maintenance of membership agreement covering public safety employees or a maintenance of membership agreement covering employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30 percent of the public safety employees in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuance of the maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB687,51 Section 51. 111.85 (2) (b) of the statutes is amended to read:

AB687,25,18 111.85 (2) (b) The commission shall declare any fair-share or maintenance of membership 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 or creed to receive as a member any public safety employee in the collective bargaining unit involved, or any employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB687,52 Section 52. 111.85 (4) of the statutes is amended to read:

AB687,25,24 111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose public safety employees or whose employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) are entitled to vote in a referendum to conduct a referendum provided for herein.

AB687,53 Section 53 . 111.91 (1) (a) of the statutes is amended to read:

AB687,26,11 111.91 (1) (a) Except as provided in pars. (b) to (d), with regard to a collective bargaining unit under s. 111.825 (1) (g), and except as provided in pars. (b) and (c), with respect to employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified public safety employees to duties of a higher classification or downward reallocations of a classified public safety employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.

AB687,54 Section 54 . 111.91 (1) (b) of the statutes is amended to read:

AB687,26,18 111.91 (1) (b) The employer is not required to bargain with a collective bargaining unit under s. 111.825 (1) (g) or a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of bargaining.

AB687,55 Section 55 . 111.91 (1) (c) of the statutes is amended to read:

AB687,26,22 111.91 (1) (c) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g), (1r) (a) to (ec), (eh), (ei), or (f), or (1t) on matters contained in sub. (2).

AB687,56 Section 56 . 111.93 (3) (a) of the statutes is amended to read:

AB687,27,7 111.93 (3) (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), (1r) (a) to (ec), (eh), (ei), or (f), or (1t), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB687,57 Section 57 . Subchapter VI of chapter 111 [precedes 111.95] of the statutes is created to read:

AB687,27,10 CHAPTER 111

AB687,27,11 SUBCHAPTER VI

AB687,27,14 UNIVERSITY OF WISCONSIN SYSTEM FACULTY AND ACADEMIC STAFF LABOR RELATIONS

AB687,27,18 111.95 Declaration of policy. The public policy of the state as to labor relations and collective bargaining involving faculty and academic staff at the University of Wisconsin System, in furtherance of which this subchapter is enacted, is as follows:

AB687,27,21 (1) The people of the state of Wisconsin have a fundamental interest in developing harmonious and cooperative labor relations within the University of Wisconsin System.

AB687,27,25 (2) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the rights of the others.

AB687,28,1 111.96 Definitions. In this subchapter:

AB687,28,4 (1) “Academic staff" means academic staff under s. 36.15, but does not include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is appointed to a visiting faculty position.

AB687,28,5 (2) “Board" means the Board of Regents of the University of Wisconsin System.

AB687,28,13 (3) “Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.998 with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB687,28,14 (4) “Collective bargaining unit" means a unit established under s. 111.98 (1).

AB687,28,15 (5) “Commission" means the employment relations commission.

AB687,28,17 (6) “Division” means the division of personnel management in the department of administration.

AB687,28,20 (7) “Election" means a proceeding conducted by the commission in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in this subchapter.

AB687,28,21 (8) “Employee" includes:

AB687,28,24 (a) All faculty, including faculty who are supervisors or management employees, but not including faculty holding a limited appointment under s. 36.17 or deans.

AB687,29,3 (b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.

AB687,29,4 (9) “Employer" means the state of Wisconsin.

AB687,29,6 (10) “Faculty" means faculty under s. 36.13, except for an individual holding an appointment under s. 36.15.

AB687,29,11 (11) “Fair-share agreement" means an agreement between the employer and a labor organization representing employees under which all of the employees in a collective bargaining unit 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.

AB687,29,12 (12) “Institution" has the meaning given in s. 36.05 (9).

AB687,29,14 (13) “Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.

AB687,29,18 (14) “Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment, but does not include any organization that does any of the following:

AB687,29,20 (a) Advocates the overthrow of the constitutional form of government in the United States.

AB687,29,22 (b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.

AB687,30,4 (15) “Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.992 (1) (b) at or after the time the agreement takes effect continue to have dues deducted for the duration of the agreement and that dues be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB687,30,6 (16) “Management employees" includes those personnel engaged predominately in executive and managerial functions.

AB687,30,8 (17) “Representative" includes any person chosen by an employee to represent the employee.

AB687,30,12 (18) “Strike" includes any strike or other concerted stoppage of work by employees, any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal to work or perform their usual duties as employees of the state.

AB687,30,18 (19) “Supervisor" means any individual whose principal work is different from that of the individual's subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees, or to adjust their grievances, or to authoritatively recommend such action, if the individual's exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

AB687,30,20 (20) “Unfair labor practice" means any unfair labor practice specified in s. 111.991.

AB687,31,4 111.965 Duties of the state. (1) (a) In the furtherance of this subchapter, the state shall be considered as a single employer. With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm), the board shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the board shall maintain close liaison with the division relative to the negotiation of agreements and the fiscal ramifications of those agreements. The board shall coordinate its collective bargaining activities with the division. The legislative branch shall act upon those portions of tentative agreements negotiated by the board that require legislative action.

AB687,31,8 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm), the board shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The board shall coordinate its actions with the administrator of the division.

AB687,31,17 (2m) (a) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the University of Wisconsin-Madison shall maintain close liaison with the division relative to the negotiation of agreements and the fiscal ramifications of those agreements. The University of Wisconsin-Madison shall coordinate its collective bargaining activities with the division. The legislative branch shall act upon those portions of tentative agreements negotiated by the University of Wisconsin-Madison that require legislative action.

AB687,31,22 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison shall establish a collective bargaining capacity and shall represent the state in its responsibility as an employer under this subchapter. The University of Wisconsin-Madison shall coordinate its actions with the administrator of the division.

AB687,32,2 111.97 Rights of employees. 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 under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any such activities.

AB687,32,5 111.98 Collective bargaining units. (1) Collective bargaining units for faculty and staff are structured with a collective bargaining unit for each of the following groups:

AB687,32,6 (a) Faculty of the University of Wisconsin-Madison.

AB687,32,7 (b) Faculty of the University of Wisconsin-Milwaukee.

AB687,32,8 (cm) Faculty of the University of Wisconsin-Eau Claire.

AB687,32,9 (d) Faculty of the University of Wisconsin-Green Bay.

AB687,32,10 (dm) Faculty of the University of Wisconsin-La Crosse.

AB687,32,11 (e) Faculty of the University of Wisconsin-Oshkosh.

AB687,32,12 (em) Faculty of the University of Wisconsin-Parkside.

AB687,32,13 (f) Faculty of the University of Wisconsin-Platteville.