AB687: Bill Text

LRB-5068/1

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2021 - 2022 LEGISLATURE

2021 Assembly BILL 687

November 12, 2021 - Introduced by Representatives Shankland, Hesselbein, Subeck, Neubauer, Sinicki, Emerson, Considine, Billings, Spreitzer, Hintz, Anderson, Vining, Stubbs, Vruwink, Doyle, Baldeh, Milroy, Ohnstad, S. Rodriguez, Pope, Conley, Shelton, Hebl, Hong, Brostoff, Snodgrass, Haywood, Moore Omokunde, Goyke, Andraca, Bowen, Cabrera, Drake, McGuire, B. Meyers, L. Myers, Ortiz-Velez and Riemer, cosponsored by Senators Larson, Roys, Agard, Ringhand, Wirch, Johnson, Carpenter, Bewley, Smith, Pfaff, Erpenbach and L. Taylor. Referred to Committee on Labor and Integrated Employment.

AB687,2,3 An Act to amend 7.33 (4), 13.111 (2), 16.50 (3) (e), 19.82 (1), 19.85 (3), 19.86, 20.425 (1) (a), 20.425 (1) (i), 20.505 (1) (ks), 20.505 (1) (kz), 20.917 (3) (b), 20.921 (1) (a) 2., 20.923 (6) (intro.), 36.09 (1) (j), 40.02 (25) (b) 8., 40.05 (4g) (a) 4., 40.80 (3), 40.81 (3), 111.70 (1) (a), 111.70 (1) (fm), 111.70 (1) (j), 111.70 (3) (a) 5., 111.70 (3) (a) 6., 111.70 (4) (cg) (title), 1. to 5. and 6. a., 111.70 (4) (cg) 7r. d., 111.70 (4) (cg) 7r. e., 111.70 (4) (cg) 7r. f., 111.70 (4) (cg) 7r. h., 111.70 (4) (cg) 8m., 111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (p), 111.70 (7m) (c) 1. a., 111.81 (1), 111.81 (9g), 111.81 (12m), 111.81 (16), 111.825 (5), 111.83 (1), 111.83 (5) (d), 111.83 (5) (e), 111.83 (5) (f), 111.84 (1) (f), 111.85 (1) (a), 111.85 (1) (b), 111.85 (1) (c), 111.85 (1) (d), 111.85 (2) (a), 111.85 (2) (b), 111.85 (4), 111.91 (1) (a), 111.91 (1) (b), 111.91 (1) (c), 111.93 (3) (a), 230.01 (3), 230.046 (10) (a), 230.12 (3) (e) 1., 230.35 (2d) (e), 230.35 (3) (e) 6. and 230.88 (2) (b); and to create 111.70 (1) (cn), 111.70 (1) (om) and subchapter VI of chapter 111 [precedes 111.95] of the statutes; relating to: collective bargaining for employees of school districts, employees of cooperative educational service agencies, employees of technical college districts, and employees of the University of Wisconsin System and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill allows employees of school districts, employees of cooperative educational service agencies, and employees of technical college districts, if the employees are not in managerial or supervisory positions, to collectively bargain over wages, hours, and conditions of employment. This bill also allows the University of Wisconsin System and employees to collectively bargain over wages, hours, and conditions of employment. Finally, the bill allows faculty and academic staff of the UW System to organize and to collectively bargain over wages, hours, and conditions of employment. Under current law, public employers and employees are prohibited from bargaining collectively except as expressly provided in the statutes.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB687,1 Section 1. 7.33 (4) of the statutes is amended to read:

AB687,2,14 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB687,2 Section 2. 13.111 (2) of the statutes is amended to read:

AB687,3,3 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch. 230, and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923.

AB687,3 Section 3. 16.50 (3) (e) of the statutes is amended to read:

AB687,3,7 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V or VI of ch. 111.

AB687,4 Section 4. 19.82 (1) of the statutes is amended to read:

AB687,3,17 19.82 (1) “Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a long-term care district under s. 46.2895; or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV, or V, or VI of ch. 111.

AB687,5 Section 5. 19.85 (3) of the statutes is amended to read:

AB687,3,22 19.85 (3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111 which has been negotiated by such body or on its behalf.

AB687,6 Section 6. 19.86 of the statutes is amended to read:

AB687,4,4 19.86 Notice of collective bargaining negotiations. Notwithstanding s. 19.82 (1), where notice has been given by either party to a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111 to reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given by the employer's chief officer or such person's designee.

AB687,7 Section 7. 20.425 (1) (a) of the statutes is amended to read:

AB687,4,7 20.425 (1) (a) General program operations. The amounts in the schedule for the purposes provided in subchs. I, IV, and V , and VI of ch. 111 and s. 230.45 (1).

AB687,8 Section 8. 20.425 (1) (i) of the statutes is amended to read:

AB687,4,21 20.425 (1) (i) Fees, collective bargaining training, publications, and appeals. The amounts in the schedule for the performance of fact-finding, mediation, certification, and arbitration functions, for the provision of copies of transcripts, for the cost of operating training programs under ss. 111.09 (3), 111.71 (5m), and 111.94 (3), for the preparation of publications, transcripts, reports, and other copied material, and for costs related to conducting appeals under s. 230.45. All moneys received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3) (b), 111.94 (1) and (2), 111.9993, and 230.45 (3), all moneys received from arbitrators and arbitration panel members, and individuals who are interested in serving in such positions, and from individuals and organizations who participate in other collective bargaining training programs conducted by the commission, and all moneys received from the sale of publications, transcripts, reports, and other copied material shall be credited to this appropriation account.

AB687,9 Section 9. 20.505 (1) (ks) of the statutes is amended to read:

AB687,5,8 20.505 (1) (ks) Collective bargaining grievance arbitrations. The amounts in the schedule for the payment of the state's share of costs related to collective bargaining grievance arbitrations under s. 111.86 and related to collective bargaining grievance arbitrations under s. 111.993. All moneys received from state agencies for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.86 and to reimburse the state's share of costs for training related to grievance arbitrations, and all moneys received from institutions, as defined in s. 36.05 (9), for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.993 and to reimburse the state's share of costs for training related to grievance arbitrations shall be credited to this appropriation account.

AB687,10 Section 10. 20.505 (1) (kz) of the statutes is amended to read:

AB687,5,16 20.505 (1) (kz) General program operations. The amounts in the schedule to administer state employment relations functions and the civil service system under subch. subchs. V and VI of ch. 111 and ch. 230, to pay awards under s. 230.48, and to defray the expenses of the state employees suggestion board. All moneys received from state agencies for materials and services provided by the division of personnel management in the department of administration shall be credited to this appropriation.

AB687,11 Section 11. 20.917 (3) (b) of the statutes is amended to read:

AB687,5,21 20.917 (3) (b) This subsection applies to employees in all positions in the civil service, including those employees in positions included in collective bargaining units under subch. V or VI of ch. 111, whether or not the employees are covered by a collective bargaining agreement.

AB687,12 Section 12. 20.921 (1) (a) 2. of the statutes is amended to read:

AB687,5,25 20.921 (1) (a) 2. If the state employee is a public safety employee under s. 111.81 (15r), or an employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), payment of dues to employee organizations.

AB687,13 Section 13. 20.923 (6) (intro.) of the statutes is amended to read:

AB687,6,6 20.923 (6) Salaries set by appointing authorities. (intro.) Salaries for the following positions may be set by the appointing authority, subject to restrictions otherwise set forth in the statutes and the compensation plan under s. 230.12, except where the salaries are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998:

AB687,14 Section 14. 36.09 (1) (j) of the statutes is amended to read:

AB687,7,5 36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998, the board shall establish salaries for persons prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to recognize merit, to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the secretary of administration and administrator of the division of personnel management in the department of administration concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.

AB687,15 Section 15. 40.02 (25) (b) 8. of the statutes is amended to read:

AB687,7,9 40.02 (25) (b) 8. Any other state employee for whom coverage is authorized under a collective bargaining agreement pursuant to subch. V or VI of ch. 111 or under s. 230.12 or 233.10.

AB687,16 Section 16. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB687,7,16 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the administrator of the division of personnel management in the department of administration or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

AB687,17 Section 17. 40.80 (3) of the statutes is amended to read:

AB687,7,19 40.80 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. V or VI of ch. 111.

AB687,18 Section 18. 40.81 (3) of the statutes is amended to read:

AB687,7,22 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.

AB687,19 Section 19. 111.70 (1) (a) of the statutes is amended to read:

AB687,8,13 111.70 (1) (a) “Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or, transit employees, school district employees, cooperative educational service agency employees, and technical college employees, and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e), except as provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB687,20 Section 20 . 111.70 (1) (cn) of the statutes is created to read:

AB687,8,16 111.70 (1) (cn) “Cooperative educational service agency employee” means a municipal employee who is employed by a cooperative educational service agency.

AB687,21 Section 21. 111.70 (1) (fm) of the statutes is amended to read:

AB687,8,20 111.70 (1) (fm) “General municipal employee" means a municipal employee who is not a public safety employee or, a transit employee, a school district employee, a cooperative educational service agency employee, or a technical college employee.

AB687,22 Section 22. 111.70 (1) (j) of the statutes is amended to read:

AB687,9,3 111.70 (1) (j) “Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, cooperative educational service agency, district board, as defined in s. 38.01 (6), long-term care district, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

AB687,23 Section 23. 111.70 (1) (om) of the statutes is created to read:

AB687,9,6 111.70 (1) (om) “Technical college employee” means a municipal employee who is employed by a district board, as defined in s. 38.01 (6).

AB687,24 Section 24. 111.70 (3) (a) 5. of the statutes is amended to read:

AB687,9,17 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting public safety employees or, transit employees, school district employees, cooperative educational service agency employees, or technical college employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB687,25 Section 25. 111.70 (3) (a) 6. of the statutes is amended to read: