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(d) The rights of employees to have retirement benefits computed under s.
1140.30.
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(e) Honesty testing requirements that provide fewer rights and remedies to
13employees than are provided under s. 111.37.
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(f) The requirement under s. 40.05 (1) (b) that the employer may not pay, on
15behalf of that employee, any employee required contributions or the employee share
16of required contributions and the impact of this requirement on the wages, hours,
17and conditions of employment of that employee.
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(g) All costs and payments associated with health care coverage plans, except
19for the design and selection of health care coverage plans by the employer, and the
20impact of such costs and payments and the design and selection of the health care
21coverage plans on the wages, hours, and conditions of employment of the employees.
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(h) Creditable service to which s. 40.285 (2) (b) 4. applies.
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(i) Compliance with the health benefit plan requirements under ss. 632.746 (1)
24to (8) and (10), 632.747, and 632.748.
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(j) Compliance with the insurance requirements under s. 631.95.
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1(k) The definition of earnings under s. 40.02 (22).
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(L) The maximum benefit limitations under s. 40.31.
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(m) The limitations on contributions under s. 40.32.
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(n) The provision to employees of the health insurance coverage required under
5s. 632.895 (11) to (14).
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(nm) The requirements related to providing coverage for a dependent under s.
7632.885 and to continuing coverage for a dependent student on a medical leave of
8absence under s. 632.895 (15).
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(o) The requirements related to coverage of and prior authorization for
10treatment of an emergency medical condition under s. 632.85.
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(p) The requirements related to coverage of drugs and devices under s. 632.853.
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(q) The requirements related to experimental treatment under s. 632.855.
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(r) The requirements under s. 609.10 related to offering a point-of-service
14option plan.
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(s) The requirements related to internal grievance procedures under s. 632.83
16and independent review of certain health benefit plan determinations under s.
17632.835.
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18(3) Upon request, the chancellor at each institution, or his or her designee,
19shall meet and confer with the collective bargaining representative, if any, with
20regard to any issue that is a permissive subject of bargaining, except when the issue
21is under active consideration by a governance organization under s. 36.09 (4) or (4m).
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22111.999 Labor proposals. (1) With respect to a collective bargaining unit
23specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm), the board shall notify and consult
24with the joint committee on employment relations, in such form and detail as the
25committee requests, regarding substantial changes in wages, employee benefits,
1personnel management, and program policy contract provisions to be included in any
2contract proposal to be offered to any labor organization by the state or to be agreed
3to by the state before such proposal is actually offered or accepted.
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4(2) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or
5(j), the University of Wisconsin-Madison shall notify and consult with the joint
6committee on employment relations, in such form and detail as the committee
7requests, regarding substantial changes in wages, employee benefits, personnel
8management, and program policy contract provisions to be included in any contract
9proposal to be offered to any labor organization or to be agreed to before such proposal
10is actually offered or accepted.
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11111.9991 Agreements. (1) (a) Any tentative agreement reached between the
12board, acting for the state, and any labor organization representing a collective
13bargaining unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm) shall, after official
14ratification by the labor organization, be submitted by the board to the joint
15committee on employment relations, which shall hold a public hearing before
16determining its approval or disapproval.
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(b) Any tentative agreement reached between the University of
18Wisconsin-Madison, acting for the state, and any labor organization representing a
19collective bargaining unit specified in s. 111.98 (1) (a) or (j) shall, after official
20ratification by the labor organization, be submitted by the University of
21Wisconsin-Madison to the joint committee on employment relations, which shall
22hold a public hearing before determining its approval or disapproval.
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(c) If the committee approves a tentative agreement, under par. (a) or (b) it shall
24introduce in a bill or companion bills, to be put on the calendar or referred to the
25appropriate scheduling committee of each house, that portion of the tentative
1agreement which requires legislative action for implementation, such as salary and
2wage adjustments, changes in fringe benefits, and any proposed amendments,
3deletions, or additions to existing law. Such bill or companion bills are not subject
4to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however,
5submit suitable portions of the tentative agreement to appropriate legislative
6committees for advisory recommendations on the proposed terms. The committee
7shall accompany the introduction of such proposed legislation with a message that
8informs the legislature of the committee's concurrence with the matters under
9consideration and that recommends the passage of such legislation without change.
10If the joint committee on employment relations does not approve the tentative
11agreement, it shall be returned to the parties for renegotiation. If the legislature
12does not adopt without change that portion of the tentative agreement introduced by
13the joint committee on employment relations, the tentative agreement shall be
14returned to the parties for renegotiation.
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15(2) No portion of any tentative agreement shall become effective separately.
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16(3) Agreements shall coincide with the fiscal year or biennium.
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17(4) The negotiation of collective bargaining agreements and their approval by
18the parties should coincide with the overall fiscal planning and processes of the state.
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19(5) All compensation adjustments for employees shall be effective on the
20beginning date of the pay period nearest the statutory or administrative date.
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21111.9992 Status of existing benefits and rights. Unless a prohibited
22subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4),
2340.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules
24governing the salaries, fringe benefits, hours, and conditions of employment apply
25to each employee, unless otherwise provided in a collective bargaining agreement.
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1111.9993 Rules, transcripts, fees. (1) The commission may adopt
2reasonable and proper rules relative to the exercise of its powers and authority and
3proper rules to govern its proceedings and to regulate the conduct of all elections and
4hearings under this subchapter. The commission shall, upon request, provide a
5transcript of a proceeding to any party to the proceeding for a fee, established by rule,
6by the commission at a uniform rate per page. All transcript fees shall be credited
7to the appropriation account under s. 20.425 (1) (i).
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8(2) The commission shall assess and collect a filing fee for filing a complaint
9alleging that an unfair labor practice has been committed under s. 111.991. The
10commission shall assess and collect a filing fee for filing a request that the
11commission act as an arbitrator to resolve a dispute involving the interpretation or
12application of a collective bargaining agreement under s. 111.993. The commission
13shall assess and collect a filing fee for filing a request that the commission initiate
14fact-finding under s. 111.995. The commission shall assess and collect a filing fee
15for filing a request that the commission act as a mediator under s. 111.994. For the
16performance of commission actions under ss. 111.993, 111.994, and 111.995, the
17commission shall require that the parties to the dispute equally share in the payment
18of the fee and, for the performance of commission actions involving a complaint
19alleging that an unfair labor practice has been committed under s. 111.991, the
20commission shall require that the party filing the complaint pay the entire fee. If any
21party has paid a filing fee requesting the commission to act as a mediator for a labor
22dispute and the parties do not enter into a voluntary settlement of the labor dispute,
23the commission may not subsequently assess or collect a filing fee to initiate
24fact-finding to resolve the same labor dispute. If any request concerns issues arising
25as a result of more than one unrelated event or occurrence, each such separate event
1or occurrence shall be treated as a separate request. The commission shall
2promulgate rules establishing a schedule of filing fees to be paid under this
3subsection. Fees required to be paid under this subsection shall be paid at the time
4of filing the complaint or the request for fact-finding, mediation, or arbitration. A
5complaint or request for fact-finding, mediation, or arbitration is not filed until the
6date such fee or fees are paid. Fees collected under this subsection shall be credited
7to the appropriation account under s. 20.425 (1) (i).
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8Section
58. 230.01 (3) of the statutes is amended to read:
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230.01
(3) Nothing in this chapter shall be construed to either infringe upon
10or supersede the rights guaranteed state employees under subch. V
or VI of ch. 111.
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11Section
59. 230.046 (10) (a) of the statutes is amended to read:
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230.046
(10) (a) Conduct off-the-job employee development and training
13programs relating to functions under this chapter or subch. V
or VI of ch. 111.
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14Section
60. 230.12 (3) (e) 1. of the statutes is amended to read:
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230.12
(3) (e) 1. The administrator, after receiving recommendations from the
16board of regents and the chancellor of the University of Wisconsin-Madison, shall
17submit to the joint committee on employment relations a proposal for adjusting
18compensation and employee benefits for University of Wisconsin System employees
19who are not included in a collective bargaining unit under subch. V or VI of ch. 111
20for which a representative is certified. The proposal shall be based upon the
21competitive ability of the board of regents to recruit and retain qualified faculty and
22academic staff, data collected as to rates of pay for comparable work in other public
23services, universities and commercial and industrial establishments,
24recommendations of the board of regents and any special studies carried on as to the
25need for any changes in compensation and employee benefits to cover each year of
1the biennium. The proposal shall also take proper account of prevailing pay rates,
2costs and standards of living and the state's employment policies. The proposal for
3such pay adjustments may contain recommendations for across-the-board pay
4adjustments, merit or other adjustments and employee benefit improvements.
5Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay
6adjustments for University of Wisconsin System employees. The proposal as
7approved by the joint committee on employment relations and the governor shall be
8based upon a percentage of the budgeted salary base for University of Wisconsin
9System employees. The amount included in the proposal for merit and adjustments
10other than across-the-board pay adjustments is available for discretionary use by
11the board of regents.
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12Section
61. 230.35 (2d) (e) of the statutes is amended to read:
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230.35
(2d) (e) For employees who are included in a collective bargaining unit
14for which a representative is recognized or certified under subch. V
or VI of ch. 111,
15this subsection shall apply unless otherwise provided in a collective bargaining
16agreement.
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17Section
62. 230.35 (3) (e) 6. of the statutes is amended to read:
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230.35
(3) (e) 6. For employees who are included in a collective bargaining unit
19for which a representative is recognized or certified under subch. V
or VI of ch. 111,
20this paragraph shall apply unless otherwise provided in a collective bargaining
21agreement.
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22Section
63. 230.88 (2) (b) of the statutes is amended to read:
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230.88
(2) (b) No collective bargaining agreement supersedes the rights of an
24employee under this subchapter. However, nothing in this subchapter affects any
25right of an employee to pursue a grievance procedure under a collective bargaining
1agreement under subch. V
or VI of ch. 111, and if the division of equal rights
2determines that a grievance arising under such a collective bargaining agreement
3involves the same parties and matters as a complaint under s. 230.85, it shall order
4the arbitrator's final award on the merits conclusive as to the rights of the parties
5to the complaint, on those matters determined in the arbitration which were at issue
6and upon which the determination necessarily depended.
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7Section 64
.
Initial applicability.
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(1) This act first applies to an employee who is covered by a collective
9bargaining agreement under subchapter I, IV, or V of ch. 111 that contains provisions
10inconsistent with this act on the day on which the agreement expires or is
11terminated, extended, modified, or renewed, whichever occurs first.