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AB687,27,18 15111.95 Declaration of policy. The public policy of the state as to labor
16relations and collective bargaining involving faculty and academic staff at the
17University of Wisconsin System, in furtherance of which this subchapter is enacted,
18is as follows:
AB687,27,21 19(1) The people of the state of Wisconsin have a fundamental interest in
20developing harmonious and cooperative labor relations within the University of
21Wisconsin System.
AB687,27,25 22(2) It recognizes that there are 3 major interests involved: that of the public,
23that of the employee, and that of the employer. These 3 interests are to a considerable
24extent interrelated. It is the policy of this state to protect and promote each of these
25interests with due regard to the rights of the others.
AB687,28,1
1111.96 Definitions. In this subchapter:
AB687,28,4 2(1) “Academic staff" means academic staff under s. 36.15, but does not include
3any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is
4appointed to a visiting faculty position.
AB687,28,5 5(2) “Board" means the Board of Regents of the University of Wisconsin System.
AB687,28,13 6(3) “Collective bargaining" means the performance of the mutual obligation of
7the state as an employer, by its officers and agents, and the representatives of its
8employees, to meet and confer at reasonable times, in good faith, with respect to the
9subjects of bargaining provided in s. 111.998 with the intention of reaching an
10agreement, or to resolve questions arising under such an agreement. The duty to
11bargain, however, does not compel either party to agree to a proposal or require the
12making of a concession. Collective bargaining includes the reduction of any
13agreement reached to a written and signed document.
AB687,28,14 14(4) “Collective bargaining unit" means a unit established under s. 111.98 (1).
AB687,28,15 15(5) “Commission" means the employment relations commission.
AB687,28,17 16(6) “Division” means the division of personnel management in the department
17of administration.
AB687,28,20 18(7) “Election" means a proceeding conducted by the commission in which the
19employees in a collective bargaining unit cast a secret ballot for collective bargaining
20representatives, or for any other purpose specified in this subchapter.
AB687,28,21 21(8) “Employee" includes:
AB687,28,2422 (a) All faculty, including faculty who are supervisors or management
23employees, but not including faculty holding a limited appointment under s. 36.17
24or deans.
AB687,29,3
1(b) All academic staff, except for supervisors, management employees, and
2individuals who are privy to confidential matters affecting the employer-employee
3relationship.
AB687,29,4 4(9) “Employer" means the state of Wisconsin.
AB687,29,6 5(10) “Faculty" means faculty under s. 36.13, except for an individual holding
6an appointment under s. 36.15.
AB687,29,11 7(11) “Fair-share agreement" means an agreement between the employer and
8a labor organization representing employees under which all of the employees in a
9collective bargaining unit are required to pay their proportionate share of the cost
10of the collective bargaining process and contract administration measured by the
11amount of dues uniformly required of all members.
AB687,29,12 12(12) “Institution" has the meaning given in s. 36.05 (9).
AB687,29,14 13(13) “Labor dispute" means any controversy with respect to the subjects of
14bargaining provided in this subchapter.
AB687,29,18 15(14) “Labor organization" means any employee organization whose purpose is
16to represent employees in collective bargaining with the employer, or its agents, on
17matters pertaining to terms and conditions of employment, but does not include any
18organization that does any of the following:
AB687,29,2019 (a) Advocates the overthrow of the constitutional form of government in the
20United States.
AB687,29,2221 (b) Discriminates with regard to the terms or conditions of membership
22because of race, color, creed, sex, age, sexual orientation, or national origin.
AB687,30,4 23(15) “Maintenance of membership agreement" means an agreement between
24the employer and a labor organization representing employees that requires that all
25of the employees whose dues are being deducted from earnings under s. 20.921 (1)

1or 111.992 (1) (b) at or after the time the agreement takes effect continue to have dues
2deducted for the duration of the agreement and that dues be deducted from the
3earnings of all employees who are hired on or after the effective date of the
4agreement.
AB687,30,6 5(16) “Management employees" includes those personnel engaged
6predominately in executive and managerial functions.
AB687,30,8 7(17) “Representative" includes any person chosen by an employee to represent
8the employee.
AB687,30,12 9(18) “Strike" includes any strike or other concerted stoppage of work by
10employees, any concerted slowdown or other concerted interruption of operations or
11services by employees, or any concerted refusal to work or perform their usual duties
12as employees of the state.
AB687,30,18 13(19) “Supervisor" means any individual whose principal work is different from
14that of the individual's subordinates and who has authority, in the interest of the
15employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
16reward, or discipline employees, or to adjust their grievances, or to authoritatively
17recommend such action, if the individual's exercise of such authority is not of a
18merely routine or clerical nature, but requires the use of independent judgment.
AB687,30,20 19(20) “Unfair labor practice" means any unfair labor practice specified in s.
20111.991.
AB687,31,4 21111.965 Duties of the state. (1) (a) In the furtherance of this subchapter, the
22state shall be considered as a single employer. With respect to a collective bargaining
23unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm), the board shall negotiate and
24administer collective bargaining agreements. To coordinate the employer position
25in the negotiation of agreements, the board shall maintain close liaison with the

1division relative to the negotiation of agreements and the fiscal ramifications of those
2agreements. The board shall coordinate its collective bargaining activities with the
3division. The legislative branch shall act upon those portions of tentative
4agreements negotiated by the board that require legislative action.
AB687,31,85 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to
6(hm) or (jk) to (qm), the board shall establish a collective bargaining capacity and
7shall represent the state in its responsibility as an employer under this subchapter.
8The board shall coordinate its actions with the administrator of the division.
AB687,31,17 9(2m) (a) With respect to a collective bargaining unit specified in s. 111.98 (1)
10(a) or (j), the University of Wisconsin-Madison shall negotiate and administer
11collective bargaining agreements. To coordinate the employer position in the
12negotiation of agreements, the University of Wisconsin-Madison shall maintain
13close liaison with the division relative to the negotiation of agreements and the fiscal
14ramifications of those agreements. The University of Wisconsin-Madison shall
15coordinate its collective bargaining activities with the division. The legislative
16branch shall act upon those portions of tentative agreements negotiated by the
17University of Wisconsin-Madison that require legislative action.
AB687,31,2218 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or
19(j), the University of Wisconsin-Madison shall establish a collective bargaining
20capacity and shall represent the state in its responsibility as an employer under this
21subchapter. The University of Wisconsin-Madison shall coordinate its actions with
22the administrator of the division.
AB687,32,2 23111.97 Rights of employees. Employees have the right of self-organization
24and the right to form, join, or assist labor organizations, to bargain collectively
25through representatives of their own choosing under this subchapter, and to engage

1in lawful, concerted activities for the purpose of collective bargaining or other mutual
2aid or protection. Employees also have the right to refrain from any such activities.
AB687,32,5 3111.98 Collective bargaining units. (1) Collective bargaining units for
4faculty and staff are structured with a collective bargaining unit for each of the
5following groups:
AB687,32,66 (a) Faculty of the University of Wisconsin-Madison.
AB687,32,77 (b) Faculty of the University of Wisconsin-Milwaukee.
AB687,32,88 (cm) Faculty of the University of Wisconsin-Eau Claire.
AB687,32,99 (d) Faculty of the University of Wisconsin-Green Bay.
AB687,32,1010 (dm) Faculty of the University of Wisconsin-La Crosse.
AB687,32,1111 (e) Faculty of the University of Wisconsin-Oshkosh.
AB687,32,1212 (em) Faculty of the University of Wisconsin-Parkside.
AB687,32,1313 (f) Faculty of the University of Wisconsin-Platteville.
AB687,32,1414 (fm) Faculty of the University of Wisconsin-River Falls.
AB687,32,1515 (g) Faculty of the University of Wisconsin-Stevens Point.
AB687,32,1616 (gm) Faculty of the University of Wisconsin-Stout.
AB687,32,1717 (h) Faculty of the University of Wisconsin-Superior.
AB687,32,1818 (hm) Faculty of the University of Wisconsin-Whitewater.
AB687,32,1919 (j) Academic staff of the University of Wisconsin-Madison.
AB687,32,2120 (jk) Academic staff employed at the University of Wisconsin System
21administration.
AB687,32,2222 (jm) Academic staff of the University of Wisconsin-Milwaukee.
AB687,32,2323 (k) Academic staff of the University of Wisconsin-Eau Claire.
AB687,32,2424 (L) Academic staff of the University of Wisconsin-Green Bay.
AB687,32,2525 (Lm) Academic staff of the University of Wisconsin-La Crosse.
AB687,33,1
1(n) Academic staff of the University of Wisconsin-Oshkosh.
AB687,33,22 (nm) Academic staff of the University of Wisconsin-Parkside.
AB687,33,33 (o) Academic staff of the University of Wisconsin-Platteville.
AB687,33,44 (om) Academic staff of the University of Wisconsin-River Falls.
AB687,33,55 (p) Academic staff of the University of Wisconsin-Stevens Point.
AB687,33,66 (pm) Academic staff of the University of Wisconsin-Stout.
AB687,33,77 (q) Academic staff of the University of Wisconsin-Superior.
AB687,33,88 (qm) Academic staff of the University of Wisconsin-Whitewater.
AB687,33,22 9(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
10under sub. (1) (b) to (hm) or (jk) to (qm) may be combined into a single unit or the
11collective bargaining units described under sub. (1) (a) and (j) may be combined into
12a single unit. If 2 or more collective bargaining units seek to combine into a single
13collective bargaining unit, the commission shall, upon the petition of at least 30
14percent of the employees in each unit, hold an election, or include on any ballot for
15an election held under s. 111.990 (2) the question of whether to combine units, to
16determine whether a majority of those employees voting in each unit desire to
17combine into a single unit. A combined collective bargaining unit shall be formed
18including all employees from each of those units in which a majority of the employees
19voting in the election approve a combined unit. The collective bargaining units shall
20be combined immediately unless there is no existing collective bargaining agreement
21in force in any of the units to be combined and then the collective bargaining units
22shall be combined upon expiration of the last agreement for the units concerned.
AB687,34,1023 (b) If 2 or more collective bargaining units have combined under par. (a), the
24commission shall, upon petition of at least 30 percent of the employees in any of the
25original units, hold an election of the employees in the original unit to determine

1whether the employees in that unit desire to withdraw from the combined collective
2bargaining unit. If a majority of the employees voting desire to withdraw from the
3combined collective bargaining unit, separate units consisting of the unit in which
4the election was held and a unit composed of the remainder of the combined unit shall
5be formed. The new collective bargaining units shall be formed immediately unless
6there is a collective bargaining agreement in force for the combined unit and then the
7new units shall be formed upon the expiration of the agreement. While there is a
8collective bargaining agreement in force for the combined collective bargaining unit,
9a petition for an election under this paragraph may be filed only during October in
10the calendar year prior to the expiration of the agreement.
AB687,34,18 11(4) Any labor organization may petition for recognition as the exclusive
12representative of a collective bargaining unit described under sub. (1) or (2) in
13accordance with the election procedures under s. 111.990 if the petition is
14accompanied by a 30 percent showing of interest in the form of signed authorization
15cards. Any additional labor organization seeking to appear on the ballot must file
16a petition within 60 days of the date of filing of the original petition and prove,
17through signed authorization cards, that at least 10 percent of the employees in the
18collective bargaining unit want it to be their representative.
AB687,35,2 19(5) Although academic staff supervisors are not considered employees for the
20purpose of this subchapter, the commission may consider a petition for a statewide
21collective bargaining unit consisting of academic staff supervisors, but the
22representative of the supervisors may not be affiliated with any labor organization
23representing employees. For purposes of this subsection, affiliation does not include
24membership in a national, state, county, or municipal federation of national or
25international labor organizations. The certified representative of the supervisors

1may not bargain collectively with respect to any matter other than wages and fringe
2benefits.
AB687,35,13 3111.990 Representatives and elections. (1) A representative chosen for the
4purposes of collective bargaining by a majority of the employees voting in a collective
5bargaining unit is the exclusive representative of all of the employees in such unit
6for the purposes of collective bargaining. Any individual employee, or any minority
7group of employees in any collective bargaining unit, may present any grievance to
8the employer in person, or through representatives of their own choosing, and the
9employer shall confer with the individual employee or group of employees with
10respect to the grievance if the majority representative has been given the
11opportunity to be present at the conference. Any adjustment resulting from a
12conference may not be inconsistent with the conditions of employment established
13by the majority representative and the employer.
AB687,35,25 14(2) (a) Whenever a question arises concerning the representation of employees
15in a collective bargaining unit, the commission shall determine the representation
16by taking a secret ballot of the employees and certifying in writing the results to the
17interested parties. There shall be included on any ballot for the election of
18representatives the names of all labor organizations having an interest in
19representing the employees participating in the election as indicated in petitions
20filed with the commission. The name of any existing representative shall be included
21on the ballot without the necessity of filing a petition. The commission may exclude
22from the ballot one who, at the time of the election, stands deprived of his or her rights
23under this subchapter by reason of a prior adjudication of his or her having engaged
24in an unfair labor practice. The ballot shall permit a vote against representation by
25anyone named on the ballot.
AB687,36,14
1(b) 1. Except as provided in subd. 2., for elections in a collective bargaining unit
2composed of employees who are members of the faculty or academic staff, whenever
3more than one representative qualifies to appear on the ballot, the ballot shall
4provide separate votes on 2 questions. The first question shall be: “Shall the
5employees of the .... (name of collective bargaining unit) participate in collective
6bargaining?" The 2nd question shall be: “If the employees of the .... (name of
7collective bargaining unit) elect to participate in collective bargaining, which labor
8organization do you favor to act as representative of the employees?" The 2nd
9question may not include a choice for no representative. All employees in the
10collective bargaining unit may vote on both questions. Unless a majority of those
11employees voting in the election vote to participate in collective bargaining, no votes
12for a particular representative may be counted. If a majority of those employees
13voting in the election vote to participate in collective bargaining, the ballots for
14representatives shall be counted.
AB687,37,1615 2. For elections in a collective bargaining unit composed of employees who are
16members of the faculty or academic staff, whenever more than one representative
17qualifies to appear on the ballot and a question of whether to combine collective
18bargaining units as permitted under s. 111.98 (2) (a) qualifies to appear on the ballot,
19the ballot shall provide separate votes on 3 questions and each ballot shall identify
20the collective bargaining unit to which each voter currently belongs. The first
21question shall be: “Shall the employees of the .... (name of the voter's current
22collective bargaining unit) participate in collective bargaining?" The 2nd question
23shall be: “Shall the employees of the .... (names of all of the collective bargaining
24units that qualify to appear on the ballot, including the name of the voter's current
25collective bargaining unit) combine to participate in collective bargaining?" The 3rd

1question shall be: “If the employees of the .... (name of the voter's current collective
2bargaining unit) elect to participate in collective bargaining, which labor
3organization do you favor to act as representative of the employees?" The 3rd
4question may not include a choice for no representative. All employees in the
5collective bargaining unit may vote on all questions. Unless a majority of those
6employees voting in the election vote to participate in collective bargaining, no votes
7for combination or for a particular representative may be counted. If a majority of
8those employees voting in the election vote to participate in collective bargaining, the
9ballots for combination shall be counted. If the ballots for combination are counted
10and a majority of those employees voting from each collective bargaining unit listed
11in the 2nd question on the ballot vote to combine, then the ballots for representatives
12of the combined collective bargaining unit shall be counted. If the ballots for
13combination are counted and a majority of those employees voting from each
14collective bargaining unit listed in the 2nd question on the ballot do not vote to
15combine, then the ballots for representatives of each current collective bargaining
16unit shall be counted.
AB687,37,1817 (c) The commission's certification of the results of any election is conclusive
18unless reviewed under s. 111.07 (8).
AB687,37,25 19(3) Whenever an election has been conducted under sub. (2) in which the ballots
20for representatives have been counted but in which no named representative is
21favored by a majority of the employees voting, the commission may, if requested by
22a party to the proceeding within 30 days from the date of the certification of the
23results of the election, conduct a runoff election. In that runoff election, the
24commission shall drop from the ballot the name of the representative who received
25the least number of votes at the original election.
AB687,38,13
1(4) While a collective bargaining agreement between a labor organization and
2an employer is in force under this subchapter, a petition for an election in the
3collective bargaining unit to which the agreement applies may be filed only during
4October in the calendar year prior to the expiration of that agreement. An election
5held under that petition may be held only if the petition is supported by proof that
6at least 30 percent of the employees in the collective bargaining unit desire a change
7or discontinuance of existing representation. Within 60 days of the time that an
8original petition is filed, another petition may be filed supported by proof that at least
910 percent of the employees in the same collective bargaining unit desire a different
10representative. If a majority of the employees in the collective bargaining unit vote
11for a change or discontinuance of representation by any named representative, the
12decision takes effect upon expiration of any existing collective bargaining agreement
13between the employer and the existing representative.
AB687,38,15 14111.991 Unfair labor practices. (1) It is an unfair labor practice for an
15employer individually or in concert with others to do any of the following:
AB687,38,1716 (a) Interfere with, restrain, or coerce employees in the exercise of their rights
17guaranteed under s. 111.97.
AB687,39,218 (b) Except as otherwise provided in this paragraph, initiate, create, dominate,
19or interfere with the formation or administration of any labor or employee
20organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
21(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
22System under ch. 40 and no action by the employer that is authorized by such a law
23is a violation of this paragraph. It is not an unfair labor practice for the employer
24to reimburse an employee at his or her prevailing wage rate for the time spent during
25the employee's regularly scheduled hours conferring with the employer's officers or

1agents and for attendance at commission or court hearings necessary for the
2administration of this subchapter.
AB687,39,63 (c) Encourage or discourage membership in any labor organization by
4discrimination in regard to hiring, tenure, or other terms or conditions of
5employment. This paragraph does not apply to maintenance of membership
6agreements.
AB687,39,167 (d) Refuse to bargain collectively on matters set forth in s. 111.998 with a
8representative of a majority of its employees in an appropriate collective bargaining
9unit. Whenever the employer has a good faith doubt as to whether a labor
10organization claiming the support of a majority of its employees in an appropriate
11collective bargaining unit does in fact have that support, it may file with the
12commission a petition requesting an election as to that claim. The employer is not
13considered to have refused to bargain until an election has been held and the results
14of the election are certified to the employer by the commission. A violation of this
15paragraph includes the refusal to execute a collective bargaining agreement
16previously orally agreed upon.
AB687,39,2117 (e) Violate any collective bargaining agreement previously agreed upon by the
18parties with respect to wages, hours, and conditions of employment affecting the
19employees, including an agreement to arbitrate or to accept the terms of an
20arbitration award, when previously the parties have agreed to accept such award as
21final and binding upon them.
AB687,40,322 (f) Deduct labor organization dues from an employee's earnings, unless the
23employer has been presented with an individual order therefor, signed by the
24employee personally, and terminable by at least the end of any year of its life or
25earlier by the employee giving at least 30 but not more than 120 days' written notice

1of such termination to the employer and to the representative labor organization,
2except if there is a maintenance of membership agreement in effect. The employer
3shall give notice to the labor organization of receipt of such notice of termination.
AB687,40,74 (g) Use any moneys received for any purpose to discourage; to train any
5supervisor, management employee, or other employee to discourage; or to contract
6with any person for the purposes of discouraging employees in the exercise of their
7rights guaranteed under s. 111.97.
AB687,40,14 8(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
9to implement changes in salaries or conditions of employment for members of the
10faculty or academic staff at one institution, and not for other members of the faculty
11or academic staff at another institution, but this may be done only if the differential
12treatment is based on comparisons with the compensation and working conditions
13of employees performing similar services for comparable higher education
14institutions or based upon other competitive factors.
AB687,40,16 15(2) It is unfair practice for an employee individually or in concert with others
16to do any of the following:
AB687,40,1817 (a) Coerce or intimidate an employee in the enjoyment of the employee's legal
18rights, including those guaranteed under s. 111.97.
AB687,40,2319 (b) Coerce, intimidate, or induce any officer or agent of the employer to interfere
20with any of the employer's employees in the enjoyment of their legal rights including
21those guaranteed under s. 111.97 or engage in any practice with regard to its
22employees which would constitute an unfair labor practice if undertaken by the
23officer or agent on the officer's or agent's own initiative.
AB687,41,324 (c) Refuse to bargain collectively on matters specified in s. 111.998 with the
25authorized officer or agent of the employer that is the recognized or certified

1exclusive collective bargaining representative of employees in an appropriate
2collective bargaining unit. Such refusal to bargain shall include a refusal to execute
3a collective bargaining agreement previously orally agreed upon.
AB687,41,74 (d) Violate the provisions of any written agreement with respect to terms and
5conditions of employment affecting employees, including an agreement to arbitrate
6or to accept the terms of an arbitration award, when previously the parties have
7agreed to accept such awards as final and binding upon them.
AB687,41,98 (e) Engage in, induce, or encourage any employees to engage in a strike or a
9concerted refusal to work or perform their usual duties as employees.
AB687,41,1310 (f) Coerce or intimidate a supervisory employee, officer, or agent of the
11employer, working at the same trade or profession as the employer's employees, to
12induce the person to become a member of or act in concert with the labor organization
13of which the employee is a member.
AB687,41,17 14(3) It is an unfair labor practice for any person to do or cause to be done on
15behalf of or in the interest of employers or employees, or in connection with or to
16influence the outcome of any controversy as to employment relations, any act
17prohibited by subs. (1) and (2).
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