SB660,5,823
20.505
(1) (ks)
Collective bargaining grievance arbitrations. The amounts in
24the schedule for the payment of the state's share of costs related to collective
25bargaining grievance arbitrations under s. 111.86
and related to collective
1bargaining grievance arbitrations under s. 111.993. All moneys received from state
2agencies for the purpose of reimbursing the state's share of the costs related to
3grievance arbitrations under s. 111.86 and to reimburse the state's share of costs for
4training related to grievance arbitrations
, and all moneys received from institutions,
5as defined in s. 36.05 (9), for the purpose of reimbursing the state's share of the costs
6related to grievance arbitrations under s. 111.993 and to reimburse the state's share
7of costs for training related to grievance arbitrations shall be credited to this
8appropriation account.
SB660,10
9Section
10. 20.505 (1) (kz) of the statutes is amended to read:
SB660,5,1610
20.505
(1) (kz)
General program operations. The amounts in the schedule to
11administer state employment relations functions and the civil service system under
12subch. subchs. V
and VI of ch. 111 and ch. 230, to pay awards under s. 230.48, and
13to defray the expenses of the state employees suggestion board. All moneys received
14from state agencies for materials and services provided by the division of personnel
15management in the department of administration shall be credited to this
16appropriation.
SB660,11
17Section
11. 20.917 (3) (b) of the statutes is amended to read:
SB660,5,2118
20.917
(3) (b) This subsection applies to employees in all positions in the civil
19service, including those employees in positions included in collective bargaining
20units under subch. V
or VI of ch. 111, whether or not the employees are covered by
21a collective bargaining agreement.
SB660,12
22Section
12. 20.921 (1) (a) 2. of the statutes is amended to read:
SB660,5,2523
20.921
(1) (a) 2. If the state employee is a public safety employee under s. 111.81
24(15r),
or an employee represented by a collective bargaining unit under s. 111.825 (1r)
25(a) to (ec), (eh), (ei), or (f) or (1t), payment of dues to employee organizations.
SB660,13
1Section
13. 20.923 (6) (intro.) of the statutes is amended to read:
SB660,6,62
20.923
(6) Salaries set by appointing authorities. (intro.) Salaries for the
3following positions may be set by the appointing authority, subject to restrictions
4otherwise set forth in the statutes and the compensation plan under s. 230.12, except
5where the salaries are a subject of bargaining with a certified representative of a
6collective bargaining unit under s. 111.91
or 111.998:
SB660,14
7Section
14. 36.09 (1) (j) of the statutes is amended to read:
SB660,7,58
36.09
(1) (j) Except where such matters are a subject of bargaining with a
9certified representative of a collective bargaining unit under s. 111.91
or 111.998, the
10board shall establish salaries for persons prior to July 1 of each year for the next fiscal
11year, and shall designate the effective dates for payment of the new salaries. In the
12first year of the biennium, payments of the salaries established for the preceding
13year shall be continued until the biennial budget bill is enacted. If the budget is
14enacted after July 1, payments shall be made following enactment of the budget to
15satisfy the obligations incurred on the effective dates, as designated by the board, for
16the new salaries, subject only to the appropriation of funds by the legislature and s.
1720.928 (3). This paragraph does not limit the authority of the board to establish
18salaries for new appointments. The board may not increase the salaries of employees
19under this paragraph unless the salary increase conforms to the proposal as
20approved under s. 230.12 (3) (e) or the board authorizes the salary increase to
21recognize merit, to correct salary inequities under par. (h), to fund job
22reclassifications or promotions, or to recognize competitive factors. The granting of
23salary increases to recognize competitive factors does not obligate inclusion of the
24annualized amount of the increases in the appropriations under s. 20.285 (1) for
25subsequent fiscal bienniums. No later than October 1 of each year, the board shall
1report to the joint committee on finance and the secretary of administration and
2administrator of the division of personnel management in the department of
3administration concerning the amounts of any salary increases granted to recognize
4competitive factors, and the institutions at which they are granted, for the 12-month
5period ending on the preceding June 30.
SB660,15
6Section
15. 40.02 (25) (b) 8. of the statutes is amended to read:
SB660,7,97
40.02
(25) (b) 8. Any other state employee for whom coverage is authorized
8under a collective bargaining agreement pursuant to subch. V
or VI of ch. 111 or
9under s. 230.12 or 233.10.
SB660,16
10Section
16. 40.05 (4g) (a) 4. of the statutes is amended to read:
SB660,7,1611
40.05
(4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
12or 230.35 (3), under a collective bargaining agreement under subch. V
or VI of ch. 111
13or under rules promulgated by the administrator of the division of personnel
14management in the department of administration or is eligible for reemployment
15with the state under s. 321.64 after completion of his or her service in the U.S. armed
16forces.
SB660,17
17Section
17. 40.80 (3) of the statutes is amended to read:
SB660,7,1918
40.80
(3) Any action taken under this section shall apply to employees covered
19by a collective bargaining agreement under subch. V
or VI of ch. 111.
SB660,18
20Section
18. 40.81 (3) of the statutes is amended to read:
SB660,7,2221
40.81
(3) Any action taken under this section shall apply to employees covered
22by a collective bargaining agreement under subch. IV
or
, V
, or VI of ch. 111.
SB660,19
23Section
19. 111.70 (1) (a) of the statutes is amended to read:
SB660,8,1324
111.70
(1) (a) “Collective bargaining" means the performance of the mutual
25obligation of a municipal employer, through its officers and agents, and the
1representative of its municipal employees in a collective bargaining unit, to meet and
2confer at reasonable times, in good faith, with the intention of reaching an
3agreement, or to resolve questions arising under such an agreement, with respect to
4wages, hours, and conditions of employment for public safety employees
or, transit
5employees
, school district employees, cooperative educational service agency
6employees, and technical college employees, and with respect to wages for general
7municipal employees, and with respect to a requirement of the municipal employer
8for a municipal employee to perform law enforcement and fire fighting services under
9s. 60.553, 61.66, or 62.13 (2e), except as provided in sub. (4) (mb) and (mc) and s. 40.81
10(3) and except that a municipal employer shall not meet and confer with respect to
11any proposal to diminish or abridge the rights guaranteed to any public safety
12employees under ch. 164. Collective bargaining includes the reduction of any
13agreement reached to a written and signed document.
SB660,20
14Section 20
. 111.70 (1) (cn) of the statutes is created to read:
SB660,8,1615
111.70
(1) (cn) “Cooperative educational service agency employee” means a
16municipal employee who is employed by a cooperative educational service agency.
SB660,21
17Section
21. 111.70 (1) (fm) of the statutes is amended to read:
SB660,8,2018
111.70
(1) (fm) “General municipal employee" means a municipal employee
19who is not a public safety employee
or, a transit employee
, a school district employee,
20a cooperative educational service agency employee, or a technical college employee.
SB660,22
21Section
22. 111.70 (1) (j) of the statutes is amended to read:
SB660,9,322
111.70
(1) (j) “Municipal employer" means any city, county, village, town,
23metropolitan sewerage district, school district,
cooperative educational service
24agency, district board, as defined in s. 38.01 (6), long-term care district, local cultural
25arts district created under subch. V of ch. 229, or any other political subdivision of
1the state, or instrumentality of one or more political subdivisions of the state, that
2engages the services of an employee and includes any person acting on behalf of a
3municipal employer within the scope of the person's authority, express or implied.
SB660,23
4Section
23. 111.70 (1) (om) of the statutes is created to read:
SB660,9,65
111.70
(1) (om) “Technical college employee” means a municipal employee who
6is employed by a district board, as defined in s. 38.01 (6).
SB660,24
7Section
24. 111.70 (3) (a) 5. of the statutes is amended to read:
SB660,9,178
111.70
(3) (a) 5. To violate any collective bargaining agreement previously
9agreed upon by the parties with respect to wages, hours and conditions of
10employment affecting public safety employees
or, transit employees,
school district
11employees, cooperative educational service agency employees, or technical college
12employees, including an agreement to arbitrate questions arising as to the meaning
13or application of the terms of a collective bargaining agreement or to accept the terms
14of such arbitration award, where previously the parties have agreed to accept such
15award as final and binding upon them or to violate any collective bargaining
16agreement affecting general municipal employees, that was previously agreed upon
17by the parties with respect to wages.
SB660,25
18Section
25. 111.70 (3) (a) 6. of the statutes is amended to read:
SB660,9,2519
111.70
(3) (a) 6. To deduct labor organization dues from the earnings of a public
20safety employee
or, a transit employee,
a school district employee, a cooperative
21educational service agency employee, or a technical college employee, unless the
22municipal employer has been presented with an individual order therefor, signed by
23the employee personally, and terminable by at least the end of any year of its life or
24earlier by the public safety employee
or, transit employee
, school district employee,
25cooperative educational service agency employee, or technical college employee
1giving at least 30 days' written notice of such termination to the municipal employer
2and to the representative organization, except when a fair-share agreement is in
3effect.
SB660,26
4Section
26. 111.70 (4) (cg) (title), 1. to 5. and 6. a. of the statutes are amended
5to read:
SB660,10,196
111.70
(4) (cg) (title)
Methods for peaceful settlement of disputes; transit
7employees, school district employees, cooperative educational service agency
8employees, and technical college employees. 1. `Notice of commencement of contract
9negotiations.' To advise the commission of the commencement of contract
10negotiations involving a collective bargaining unit containing transit employees,
11school district employees, cooperative educational service agency employees, or
12technical college employees, whenever either party requests the other to reopen
13negotiations under a binding collective bargaining agreement, or the parties
14otherwise commence negotiations if no collective bargaining agreement exists, the
15party requesting negotiations shall immediately notify the commission in writing.
16Upon failure of the requesting party to provide notice, the other party may provide
17notice to the commission. The notice shall specify the expiration date of the existing
18collective bargaining agreement, if any, and shall provide any additional information
19the commission may require on a form provided by the commission.
SB660,11,320
2. `Presentation of initial proposals; open meetings.' The meetings between
21parties to a collective bargaining agreement or proposed collective bargaining
22agreement under this subchapter that involve a collective bargaining unit
23containing a transit employee
, a school district employee, a cooperative educational
24service agency employee, or a technical college employee and that are held to present
25initial bargaining proposals, along with supporting rationale, are open to the public.
1Each party shall submit its initial bargaining proposals to the other party in writing.
2Failure to comply with this subdivision does not invalidate a collective bargaining
3agreement under this subchapter.
SB660,11,94
3. `Mediation.' The commission or its designee shall function as mediator in
5labor disputes involving transit employees
, school district employees, cooperative
6educational service agency employees, or technical college employees upon request
7of one or both of the parties, or upon initiation of the commission. The function of the
8mediator is to encourage voluntary settlement by the parties. No mediator has the
9power of compulsion.
SB660,11,1610
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
11application of the terms of a written collective bargaining agreement involving a
12collective bargaining unit containing a transit employee
, a school district employee,
13a cooperative educational service agency employee, or a technical college employee 14may agree in writing to have the commission or any other appropriate agency serve
15as arbitrator or may designate any other competent, impartial, and disinterested
16person to serve as an arbitrator.
SB660,12,217
5. `Voluntary impasse resolution procedures.' In addition to the other impasse
18resolution procedures provided in this paragraph, a municipal employer that
19employs a transit employee
, a school district employee, a cooperative educational
20service agency employee, or a technical college employee and labor organization may
21at any time, as a permissive subject of bargaining, agree in writing to a dispute
22settlement procedure, including binding interest arbitration, which is acceptable to
23the parties for resolving an impasse over terms of any collective bargaining
24agreement under this subchapter. The parties shall file a copy of the agreement with
1the commission. If the parties agree to any form of binding interest arbitration, the
2arbitrator shall give weight to the factors enumerated under subds. 7. and 7g.
SB660,12,183
6. a. If in any collective bargaining unit containing transit employees
, school
4district employees, cooperative educational service agency employees, or technical
5college employees a dispute has not been settled after a reasonable period of
6negotiation and after mediation by the commission under subd. 3. and other
7settlement procedures, if any, established by the parties have been exhausted, and
8the parties are deadlocked with respect to any dispute between them over wages,
9hours, or conditions of employment to be included in a new collective bargaining
10agreement, either party, or the parties jointly, may petition the commission, in
11writing, to initiate compulsory, final, and binding arbitration, as provided in this
12paragraph. At the time the petition is filed, the petitioning party shall submit in
13writing to the other party and the commission its preliminary final offer containing
14its latest proposals on all issues in dispute. Within 14 calendar days after the date
15of that submission, the other party shall submit in writing its preliminary final offer
16on all disputed issues to the petitioning party and the commission. If a petition is
17filed jointly, both parties shall exchange their preliminary final offers in writing and
18submit copies to the commission when the petition is filed.
SB660,27
19Section
27. 111.70 (4) (cg) 7r. d. of the statutes is amended to read:
SB660,12,2420
111.70
(4) (cg) 7r. d. Comparison of wages, hours and conditions of employment
21of the transit employees
, school district employees, cooperative educational service
22agency employees, or technical college employees involved in the arbitration
23proceedings with the wages, hours, and conditions of employment of other employees
24performing similar services.
SB660,28
25Section
28. 111.70 (4) (cg) 7r. e. of the statutes is amended to read:
SB660,13,6
1111.70
(4) (cg) 7r. e. Comparison of the wages, hours and conditions of
2employment of the transit employees
, school district employees, cooperative
3educational service agency employees, or technical college employees involved in the
4arbitration proceedings with the wages, hours, and conditions of employment of
5other employees generally in public employment in the same community and in
6comparable communities.
SB660,29
7Section
29. 111.70 (4) (cg) 7r. f. of the statutes is amended to read:
SB660,13,138
111.70
(4) (cg) 7r. f. Comparison of the wages, hours and conditions of
9employment of the transit employees
, school district employees, cooperative
10educational service agency employees, or technical college employees involved in the
11arbitration proceedings with the wages, hours, and conditions of employment of
12other employees in private employment in the same community and in comparable
13communities.
SB660,30
14Section
30. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:
SB660,13,2015
111.70
(4) (cg) 7r. h. The overall compensation presently received by the transit
16employees
, school district employees, cooperative educational service agency
17employees, or technical college employees, including direct wage compensation,
18vacation, holidays, and excused time, insurance and pensions, medical and
19hospitalization benefits, the continuity and stability of employment, and all other
20benefits received.
SB660,31
21Section
31. 111.70 (4) (cg) 8m. of the statutes is amended to read:
SB660,14,1222
111.70
(4) (cg) 8m. `Term of agreement; reopening of negotiations.' Except for
23the initial collective bargaining agreement between the parties and except as the
24parties otherwise agree, every collective bargaining agreement covering transit
25employees
, school district employees, cooperative educational service agency
1employees, or technical college employees shall be for a term of 2 years, but in no case
2may a collective bargaining agreement for any collective bargaining unit consisting
3of transit employees
, school district employees, cooperative educational service
4agency employees, or technical college employees subject to this paragraph be for a
5term exceeding 3 years. No arbitration award involving transit employees
, school
6district employees, cooperative educational service agency employees, or technical
7college employees may contain a provision for reopening of negotiations during the
8term of a collective bargaining agreement, unless both parties agree to such a
9provision. The requirement for agreement by both parties does not apply to a
10provision for reopening of negotiations with respect to any portion of an agreement
11that is declared invalid by a court or administrative agency or rendered invalid by
12the enactment of a law or promulgation of a federal regulation.
SB660,32
13Section
32. 111.70 (4) (d) 1. of the statutes is amended to read:
SB660,15,414
111.70
(4) (d) 1. A representative chosen for the purposes of collective
15bargaining by a majority of the public safety employees
or, transit employees
, school
16district employees, cooperative educational service agency employees, or technical
17college employees voting in a collective bargaining unit shall be the exclusive
18representative of all employees in the unit for the purpose of collective bargaining.
19A representative chosen for the purposes of collective bargaining by at least 51
20percent of the general municipal employees in a collective bargaining unit shall be
21the exclusive representative of all employees in the unit for the purpose of collective
22bargaining. Any individual employee, or any minority group of employees in any
23collective bargaining unit, shall have the right to present grievances to the municipal
24employer in person or through representatives of their own choosing, and the
25municipal employer shall confer with the employee in relation thereto, if the majority
1representative has been afforded the opportunity to be present at the conferences.
2Any adjustment resulting from these conferences may not be inconsistent with the
3conditions of employment established by the majority representative and the
4municipal employer.
SB660,33
5Section 33
. 111.70 (4) (d) 2. a. of the statutes is amended to read:
SB660,16,176
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
7bargaining unit for the purpose of collective bargaining and shall whenever possible
8avoid fragmentation by maintaining as few collective bargaining units as practicable
9in keeping with the size of the total municipal workforce. The commission may
10decide whether, in a particular case, the municipal employees in the same or several
11departments, divisions, institutions, crafts, professions, or other occupational
12groupings constitute a collective bargaining unit. Before making its determination,
13the commission may provide an opportunity for the municipal employees concerned
14to determine, by secret ballot, whether they desire to be established as a separate
15collective bargaining unit. The commission may not decide, however, that any group
16of municipal employees constitutes an appropriate collective bargaining unit if the
17group includes both professional employees and nonprofessional employees, unless
18a majority of the professional employees vote for inclusion in the unit. The
19commission may not decide that any group of municipal employees constitutes an
20appropriate collective bargaining unit if the group includes both school district
21employees and general municipal employees who are not school district employees.
22The commission may not decide that any group of municipal employees constitutes
23an appropriate collective bargaining unit if the group includes cooperative
24educational service agency employees and municipal employees who are not
25cooperative educational service agency employees. The commission may not decide
1that any group of municipal employees constitutes an appropriate collective
2bargaining unit if the group includes technical college employees and municipal
3employees who are not technical college employees. The commission may not decide
4that any group of municipal employees constitutes an appropriate collective
5bargaining unit if the group includes both public safety employees and general
6municipal employees, if the group includes both transit employees and general
7municipal employees, or if the group includes both transit employees and public
8safety employees. The commission may not decide that any group of municipal
9employees constitutes an appropriate collective bargaining unit if the group includes
10both craft employees and noncraft employees unless a majority of the craft employees
11vote for inclusion in the unit. The commission shall place the professional employees
12who are assigned to perform any services at a charter school, as defined in s. 115.001
13(1), in a separate collective bargaining unit from a unit that includes any other
14professional employees whenever at least 30 percent of those professional employees
15request an election to be held to determine that issue and a majority of the
16professional employees at the charter school who cast votes in the election decide to
17be represented in a separate collective bargaining unit.
SB660,34
18Section
34. 111.70 (4) (p) of the statutes is amended to read:
SB660,17,419
111.70
(4) (p)
Permissive subjects of collective bargaining; public safety and
20employees, transit employees, school district employees, cooperative educational
21service agency employees, and technical college employees. A municipal employer is
22not required to bargain with public safety employees
or
, transit employees
, school
23district employees, cooperative educational service agency employees, or technical
24college employees on subjects reserved to management and direction of the
25governmental unit except insofar as the manner of exercise of such functions affects
1the wages, hours, and conditions of employment of the public safety employees
or, of
2the transit employees
, of the school district employees, of the cooperative educational
3service agency employees, or of the technical college employees in a collective
4bargaining unit.
SB660,35
5Section 35
. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
SB660,17,216
111.70
(7m) (c) 1. a. Any labor organization that represents public safety
7employees or transit employees which violates sub. (4) (L) may not collect any dues
8under a collective bargaining agreement or under a fair-share agreement from any
9employee covered by either agreement for a period of one year. At the end of the
10period of suspension, any such agreement shall be reinstated unless the labor
11organization is no longer authorized to represent the public safety employees or
12transit employees covered by the collective bargaining agreement or fair-share
13agreement or the agreement is no longer in effect.
Any labor organization that
14represents school district employees, cooperative educational service agency
15employees, or technical college employees which violates sub. (4) (L) may not collect
16any dues under a collective bargaining agreement from any employee covered by the
17agreement for a period of one year. At the end of the period of suspension, any such
18agreement shall be reinstated unless the labor organization is no longer authorized
19to represent the school district employees, cooperative educational service agency
20employees, or technical college employees covered by the agreement or the
21agreement is no longer in effect.
SB660,36
22Section 36
. 111.81 (1) of the statutes is amended to read:
SB660,18,823
111.81
(1) “Collective bargaining" means the performance of the mutual
24obligation of the state as an employer, by its officers and agents, and the
25representatives of its employees, to meet and confer at reasonable times, in good
1faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect
2to public safety employees
and employees represented by a collective bargaining unit
3under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), and to the subjects of bargaining
4provided in s. 111.91 (3), with respect to general employees, with the intention of
5reaching an agreement, or to resolve questions arising under such an agreement.
6The duty to bargain, however, does not compel either party to agree to a proposal or
7require the making of a concession. Collective bargaining includes the reduction of
8any agreement reached to a written and signed document.
SB660,37
9Section
37. 111.81 (9g) of the statutes is amended to read:
SB660,18,1210
111.81
(9g) “General employee" means an employee who is not a public safety
11employee
or an employee who is represented by a collective bargaining unit under
12s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t).
SB660,38
13Section
38. 111.81 (12m) of the statutes is amended to read:
SB660,18,2114
111.81
(12m) “Maintenance of membership agreement" means an agreement
15between the employer and a labor organization representing public safety employees
16or a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) 17which requires that all of the
public safety employees whose dues are being deducted
18from earnings under s. 20.921 (1) or 111.84 (1) (f) at the time the agreement takes
19effect shall continue to have dues deducted for the duration of the agreement, and
20that dues shall be deducted from the earnings of all
public safety such employees who
21are hired on or after the effective date of the agreement.
SB660,39
22Section
39. 111.81 (16) of the statutes is amended to read:
SB660,19,623
111.81
(16) “Referendum" means a proceeding conducted by the commission in
24which public safety employees in a collective bargaining unit may cast a secret ballot
25on the question of directing the labor organization and the employer to enter into a
1fair-share or maintenance of membership agreement or to terminate such an
2agreement
or a proceeding conducted by the commission in which employees
3represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei),
4or (f) or (1t) may cast a secret ballot on the question of directing the labor organization
5and the employer to enter into a maintenance of membership agreement or to
6terminate such an agreement.
SB660,40
7Section
40. 111.825 (5) of the statutes is amended to read:
SB660,19,228
111.825
(5) Although supervisors are not considered employees for purposes
9of this subchapter, the commission may consider a petition for a statewide collective
10bargaining unit of professional supervisors or a statewide unit of nonprofessional
11supervisors in the classified service, but the representative of supervisors may not
12be affiliated with any labor organization representing employees. For purposes of
13this subsection, affiliation does not include membership in a national, state, county
14or municipal federation of national or international labor organizations. The
15certified representative of supervisors who are not public safety employees
or
16employees represented by a collective bargaining unit under sub. (1r) (a) to (ec), (eh),
17(ei), or (f) or (1t) may not bargain collectively with respect to any matter other than
18wages as provided in s. 111.91 (3), and the certified representative of supervisors who
19are public safety employees
or employees represented by a collective bargaining unit
20under sub. (1r) (a) to (ec), (eh), (ei), or (f) or (1t) may not bargain collectively with
21respect to any matter other than wages and fringe benefits as provided in s. 111.91
22(1).
SB660,41
23Section
41. 111.83 (1) of the statutes is amended to read:
SB660,20,1324
111.83
(1) Except as provided in sub. (5), a representative chosen for the
25purposes of collective bargaining by at least 51 percent of the general employees in
1a collective bargaining unit shall be the exclusive representative of all of the
2employees in such unit for the purposes of collective bargaining. A representative
3chosen for the purposes of collective bargaining by a majority of the public safety
4employees
or employees represented by a collective bargaining unit under s. 111.825
5(1r) (a) to (ec), (eh), (ei), or (f) or (1t) voting in a collective bargaining unit shall be the
6exclusive representative of all of the employees in such unit for the purposes of
7collective bargaining. Any individual employee, or any minority group of employees
8in any collective bargaining unit, may present grievances to the employer in person,
9or through representatives of their own choosing, and the employer shall confer with
10the employee or group of employees in relation thereto if the majority representative
11has been afforded the opportunity to be present at the conference. Any adjustment
12resulting from such a conference may not be inconsistent with the conditions of
13employment established by the majority representative and the employer.
SB660,42
14Section
42. 111.83 (5) (d) of the statutes is amended to read:
SB660,20,2115
111.83
(5) (d) If at an election held under par. (b),
at least 51 percent a majority 16of the employees
in the collective bargaining unit
eligible to vote in the election and
17voting in the election at all institutions in which the choice to participate in collective
18bargaining receives
at least 51 percent a majority of the eligible votes elect to be
19represented by a single labor organization, that labor organization shall be the
20exclusive representative for all employees in that collective bargaining unit, except
21those excluded under par. (c).
SB660,43
22Section
43. 111.83 (5) (e) of the statutes is amended to read:
SB660,21,423
111.83
(5) (e) If at an election held under par. (b),
at least 51 percent a majority
24of the employees
in the collective bargaining unit eligible to vote in the election and
25voting in the election at all institutions in which the choice to participate in collective
1bargaining receives
at least 51 percent
a majority of the eligible votes do not elect to
2be represented by a single labor organization, the commission may hold one or more
3runoff elections under sub. (4) until one representative receives
at least 51 percent 4a majority of the eligible votes.
SB660,44
5Section
44. 111.83 (5) (f) of the statutes is amended to read:
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111.83
(5) (f) Notwithstanding par. (b), if a labor organization is certified to
7represent the employees within the collective bargaining unit at one or more
8institutions, and a petition is filed with the commission indicating a showing of
9interest by the employees at an institution which is not a part of the unit under par.
10(c) to be represented by a labor organization, the only question which may appear on
11the ballot shall be whether the employees desire to participate in collective
12bargaining. A petition under this paragraph may be filed only during June in an
13even-numbered year. If
at least 51 percent a majority of the employees
eligible to
14vote in the election at the institution who are included within the collective
15bargaining unit vote to participate in collective bargaining, the employees at that
16institution shall become a part of that collective bargaining unit.
SB660,45
17Section
45. 111.84 (1) (f) of the statutes is amended to read:
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111.84
(1) (f) To deduct labor organization dues from the earnings of a public
19safety employee,
or an employee who is represented by a collective bargaining unit
20under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), unless the employer has been
21presented with an individual order therefor, signed by the
public safety employee
22personally, and terminable by at least the end of any year of its life or earlier by the
23public safety employee giving at least 30 but not more than 120 days' written notice
24of such termination to the employer and to the representative labor organization,
25except if there is a fair-share or maintenance of membership agreement in effect
for
1a public safety employee, or a maintenance of membership agreement in effect for
2an employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to
3(ec), (eh), (ei), or (f) or (1t). The employer shall give notice to the labor organization
4of receipt of such notice of termination.
SB660,46
5Section
46. 111.85 (1) (a) of the statutes is amended to read:
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111.85
(1) (a) No fair-share or maintenance of membership agreement
7covering public safety employees may become effective unless authorized by a
8referendum.
No maintenance of membership agreement covering employees
9represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei),
10or (f) or (1t) may become effective unless authorized by a referendum. The
11commission shall order a referendum whenever it receives a petition supported by
12proof that at least 30 percent of the public safety employees in a collective bargaining
13unit desire that a fair-share or maintenance of membership agreement be entered
14into between the employer and a labor organization.
The commission shall order a
15referendum whenever it receives a petition supported by proof that at least 30
16percent of the employees represented by a collective bargaining unit under s. 111.825
17(1r) (a) to (ec), (eh), (ei), or (f) or (1t) desire that a maintenance of membership
18agreement be entered into between the employer and a labor organization. A petition
19may specify that a referendum is requested on a maintenance of membership
20agreement only, in which case the ballot shall be limited to that question.
SB660,47
21Section
47. 111.85 (1) (b) of the statutes is amended to read:
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111.85
(1) (b) For a fair-share agreement to be authorized, at least two-thirds
23of the eligible public safety employees voting in a referendum shall vote in favor of
24the agreement. For a maintenance of membership agreement to be authorized, at
25least a majority of the eligible public safety employees
or employees represented by
1a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) 2voting in a referendum shall vote in favor of the agreement. In a referendum on a
3fair-share agreement, if less than two-thirds but more than one-half of the eligible
4public safety employees vote in favor of the agreement, a maintenance of
5membership agreement is authorized.
SB660,48
6Section
48. 111.85 (1) (c) of the statutes is amended to read:
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111.85
(1) (c) If a fair-share or maintenance of membership agreement is
8authorized in a referendum, the employer shall enter into such an agreement with
9the labor organization named on the ballot in the referendum. Each fair-share or
10maintenance of membership agreement shall contain a provision requiring the
11employer to deduct the amount of dues as certified by the labor organization from the
12earnings of the
public safety employees affected by the agreement and to pay the
13amount so deducted to the labor organization. Unless the parties agree to an earlier
14date, the agreement shall take effect 60 days after certification by the commission
15that the referendum vote authorized the agreement. The employer shall be held
16harmless against any claims, demands, suits and other forms of liability made by
17public safety employees or local labor organizations which may arise for actions
18taken by the employer in compliance with this section. All such lawful claims,
19demands, suits and other forms of liability are the responsibility of the labor
20organization entering into the agreement.
SB660,49
21Section
49. 111.85 (1) (d) of the statutes is amended to read:
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111.85
(1) (d) Under each fair-share or maintenance of membership
23agreement, a public safety employee who has religious convictions against dues
24payments to a labor organization based on teachings or tenets of a church or religious
25body of which he or she is a member shall, on request to the labor organization, have
1his or her dues paid to a charity mutually agreed upon by the public safety employee
2and the labor organization.
Under each maintenance of membership agreement, an
3employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec),
4(eh), (ei), or (f) or (1t) who has religious convictions against dues payments to a labor
5organization based on teachings or tenets of a church or religious body of which he
6or she is a member shall, on request to the labor organization, have his or her dues
7paid to a charity mutually agreed upon by the employee and the labor organization. 8Any dispute concerning this paragraph may be submitted to the commission for
9adjudication.
SB660,50
10Section
50. 111.85 (2) (a) of the statutes is amended to read:
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111.85
(2) (a) Once authorized, a fair-share or maintenance of membership
12agreement covering public safety employees
or a maintenance of membership
13agreement covering employees represented by a collective bargaining unit under s.
14111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) shall continue in effect, subject to the
15right of the employer or labor organization concerned to petition the commission to
16conduct a new referendum. Such petition must be supported by proof that at least
1730 percent of the public safety employees in the collective bargaining unit desire that
18the fair-share or maintenance of membership agreement be discontinued. Upon so
19finding, the commission shall conduct a new referendum. If the continuance of the
20fair-share or maintenance of membership agreement is approved in the referendum
21by at least the percentage of eligible voting public safety employees required for its
22initial authorization, it shall be continued in effect, subject to the right of the
23employer or labor organization to later initiate a further vote following the procedure
24prescribed in this subsection.
If the continuance of the maintenance of membership
25agreement is approved in the referendum by at least the percentage of eligible voting
1employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec),
2(eh), (ei), or (f) or (1t) required for its initial authorization, it shall be continued in
3effect, subject to the right of the employer or labor organization to later initiate a
4further vote following the procedure prescribed in this subsection. If the
5continuation of the agreement is not supported in any referendum, it is deemed
6terminated at the termination of the collective bargaining agreement, or one year
7from the date of the certification of the result of the referendum, whichever is earlier.
SB660,51
8Section
51. 111.85 (2) (b) of the statutes is amended to read: