AB1005-ASA1,12,1912
111.70
(4) (cm) 7. `Factor given greatest weight.' In making any decision under
13the arbitration procedures authorized by this paragraph, except for any decision
14involving a collective bargaining unit consisting of school district employees, the
15arbitrator or arbitration panel shall give the greatest weight to any state law or
16directive lawfully issued by a state legislative or administrative officer, body, or
17agency that limits expenditures that may be made or revenues that may be collected
18by a municipal employer. The arbitrator or arbitration panel shall give an
19accounting of the consideration of this factor in the decision.
AB1005-ASA1,26
20Section 26
. 111.70 (4) (cm) 7g. of the statutes is created to read:
AB1005-ASA1,13,221
111.70
(4) (cm) 7g. `Factor given greater weight.' In making any decision under
22the arbitration procedures authorized by this paragraph, except for any decision
23involving a collective bargaining unit consisting of school district employees, the
24arbitrator or arbitration panel shall give greater weight to economic conditions in the
1jurisdiction of the municipal employer than to any of the factors specified in subd.
27r.
AB1005-ASA1,27
3Section 27
. 111.70 (4) (cm) 7r. of the statutes is created to read:
AB1005-ASA1,13,64
111.70
(4) (cm) 7r. `Other factors considered.' In making any decision under the
5arbitration procedures authorized by this paragraph, the arbitrator or arbitration
6panel shall give weight to the following factors:
AB1005-ASA1,13,77
a. The lawful authority of the municipal employer.
AB1005-ASA1,13,88
b. Stipulations of the parties.
AB1005-ASA1,13,109
c. The interests and welfare of the public and the financial ability of the unit
10of government to meet the costs of any proposed settlement.
AB1005-ASA1,13,1311
d. Comparison of wages, hours, and conditions of employment of the municipal
12employees involved in the arbitration proceedings with the wages, hours, and
13conditions of employment of other employees performing similar services.
AB1005-ASA1,13,1714
e. Comparison of the wages, hours, and conditions of employment of the
15municipal employees involved in the arbitration proceedings with the wages, hours,
16and conditions of employment of other employees generally in public employment in
17the same community and in comparable communities.
AB1005-ASA1,13,2118
f. Comparison of the wages, hours, and conditions of employment of the
19municipal employees involved in the arbitration proceedings with the wages, hours,
20and conditions of employment of other employees in private employment in the same
21community and in comparable communities.
AB1005-ASA1,13,2322
g. The average consumer prices for goods and services, commonly known as the
23cost of living.
AB1005-ASA1,14,224
h. The overall compensation presently received by the municipal employees,
25including direct wage compensation, vacation, holidays and excused time, insurance
1and pensions, medical and hospitalization benefits, the continuity and stability of
2employment, and all other benefits received.
AB1005-ASA1,14,43
i. Changes in any of the foregoing circumstances during the pendency of the
4arbitration proceedings.
AB1005-ASA1,14,95
j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
6taken into consideration in the determination of wages, hours, and conditions of
7employment through voluntary collective bargaining, mediation, fact-finding,
8arbitration, or otherwise between the parties, in the public service, or in private
9employment.
AB1005-ASA1,28
10Section 28
. 111.70 (4) (cm) 8. of the statutes is created to read:
AB1005-ASA1,14,1311
111.70
(4) (cm) 8. `Rule making.' The commission shall adopt rules for the
12conduct of all arbitration proceedings under subd. 6., including rules for all of the
13following:
AB1005-ASA1,14,1514
a. The appointment of tripartite arbitration panels when requested by the
15parties.
AB1005-ASA1,14,1716
b. The expeditious rendering of arbitration decisions, such as waivers of briefs
17and transcripts.
AB1005-ASA1,14,1918
c. The removal of individuals who have repeatedly failed to issue timely
19decisions from the commission's list of qualified arbitrators.
AB1005-ASA1,14,2020
d. Proceedings for the enforcement of arbitration decisions.
AB1005-ASA1,29
21Section 29
. 111.70 (4) (cm) 8m. of the statutes is amended to read:
AB1005-ASA1,15,1222
111.70
(4) (cm) 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
general
25municipal employees
subject to this paragraph shall be for a term of
one year and
1may not be extended 2 years, but in no case may a collective bargaining agreement
2for any collective bargaining unit consisting of municipal employees subject to this
3paragraph other than school district employees be for a term exceeding 3 years nor
4may a collective bargaining agreement for any collective bargaining unit consisting
5of school district employees subject to this paragraph be for a term exceeding 4 years.
6No
arbitration award may contain a provision for reopening of negotiations during
7the term of a collective bargaining agreement
covering general municipal employees
8may be reopened for negotiations unless both parties agree to reopen the collective
9bargaining agreement. The requirement for agreement by both parties does not
10apply to a provision for reopening of negotiations with respect to any portion of an
11agreement that is declared invalid by a court or administrative agency or rendered
12invalid by the enactment of a law or promulgation of a federal regulation.
AB1005-ASA1,30
13Section 30
. 111.70 (4) (d) 1. of the statutes is amended to read:
AB1005-ASA1,16,314
111.70
(4) (d) 1. A representative chosen for the purposes of collective
15bargaining by a majority of the
public safety employees or transit municipal 16employees voting in a collective bargaining unit shall be the exclusive representative
17of all employees in the unit for the purpose of collective bargaining.
A representative
18chosen for the purposes of collective bargaining by at least 51 percent of the general
19municipal employees in a collective bargaining unit shall be the exclusive
20representative of all employees in the unit for the purpose of collective bargaining. 21Any individual employee, or any minority group of employees in any collective
22bargaining unit, shall have the right to present grievances to the municipal employer
23in person or through representatives of their own choosing, and the municipal
24employer shall confer with the employee in relation thereto, if the majority
25representative has been afforded the opportunity to be present at the conferences.
1Any adjustment resulting from these conferences may not be inconsistent with the
2conditions of employment established by the majority representative and the
3municipal employer.
AB1005-ASA1,31
4Section 31
. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB1005-ASA1,17,95
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
6bargaining unit for the purpose of collective bargaining and shall whenever possible
7avoid fragmentation by maintaining as few collective bargaining units as practicable
8in keeping with the size of the total municipal workforce. The commission may
9decide whether, in a particular case, the municipal employees in the same or several
10departments, divisions, institutions, crafts, professions, or other occupational
11groupings constitute a collective bargaining unit. Before making its determination,
12the commission may provide an opportunity for the municipal employees concerned
13to determine, by secret ballot, whether they desire to be established as a separate
14collective bargaining unit. The commission may not decide
, however, that any group
15of municipal employees constitutes an appropriate collective bargaining unit if the
16group includes both professional employees and nonprofessional employees, unless
17a majority of the professional employees vote for inclusion in the unit. The
18commission may not decide that any group of municipal employees constitutes an
19appropriate collective bargaining unit if the group includes both school district
20employees and
general municipal employees who are not school district employees.
21The commission may not decide that any group of municipal employees constitutes
22an appropriate collective bargaining unit if the group includes both public safety
23employees and general municipal employees, if the group includes both transit
24employees and general municipal employees, or if the group includes both transit
25employees and public safety employees. The commission may not decide that any
1group of municipal employees constitutes an appropriate collective bargaining unit
2if the group includes both craft employees and noncraft employees unless a majority
3of the craft employees vote for inclusion in the unit. The commission shall place the
4professional employees who are assigned to perform any services at a charter school,
5as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
6includes any other professional employees whenever at least 30 percent of those
7professional employees request an election to be held to determine that issue and a
8majority of the professional employees at the charter school who cast votes in the
9election decide to be represented in a separate collective bargaining unit.
AB1005-ASA1,32
10Section
32. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
11renumbered 111.70 (4) (d) 3.
AB1005-ASA1,33
12Section 33
. 111.70 (4) (d) 3. b. of the statutes is repealed.
AB1005-ASA1,34
13Section
34. 111.70 (4) (mb) of the statutes is repealed.
AB1005-ASA1,35
14Section
35. 111.70 (4) (mbb) of the statutes is repealed.
AB1005-ASA1,36
15Section 36
. 111.70 (4) (n) of the statutes is created to read:
AB1005-ASA1,17,1916
111.70
(4) (n)
Mandatory subjects of bargaining. In a school district, in addition
17to any subject of bargaining on which the municipal employer is required to bargain
18under sub. (1) (a), the municipal employer is required to bargain collectively with
19respect to all of the following:
AB1005-ASA1,17,2220
1. Time spent during the school day, separate from pupil contact time, to
21prepare lessons, labs, or educational materials, to confer or collaborate with other
22staff, or to complete administrative duties.
AB1005-ASA1,17,2423
2. The development of or any changes to a teacher evaluation plan under s.
24118.225.
AB1005-ASA1,37
25Section 37
. 111.70 (4) (p) of the statutes is amended to read:
AB1005-ASA1,18,6
1111.70
(4) (p)
Permissive subjects of collective bargaining; public safety and
2transit employees. A municipal employer is not required to bargain
with public safety
3employees or transit employees on subjects reserved to management and direction
4of the governmental unit except insofar as the manner of exercise of such functions
5affects the wages, hours, and conditions of employment of the
public safety
6employees or of the transit municipal employees in a collective bargaining unit.
AB1005-ASA1,38
7Section 38
. 111.70 (7m) (c) 3. of the statutes is created to read:
AB1005-ASA1,18,128
111.70
(7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
9participates in a strike after a final and binding arbitration award or decision under
10sub. (4) (cm) is issued and before the end of the term of the agreement which the
11award or decision amends or creates shall forfeit $15 per offense. Each day of
12continued violation constitutes a separate offense.
AB1005-ASA1,39
13Section 39
. 111.70 (7m) (e) of the statutes is created to read:
AB1005-ASA1,18,1814
111.70
(7m) (e)
Civil liability. Any party refusing to include an arbitration
15award or decision under sub. (4) (cm) in a written collective bargaining agreement
16or failing to implement the award or decision, unless good cause is shown, is liable
17for attorney fees, interest on delayed monetary benefits, and other costs incurred in
18any action by the nonoffending party to enforce the award or decision.
AB1005-ASA1,40
19Section 40
. 111.70 (8) (a) of the statutes is amended to read:
AB1005-ASA1,18,2520
111.70
(8) (a) This section, except
sub. subs. (1) (nm), (4)
(cg) and (cm),
and (7m), 21applies to law enforcement supervisors employed by a 1st class city. This section,
22except
sub. subs. (1) (nm), (4) (cm) and (jm),
and (7m) applies to law enforcement
23supervisors employed by a county having a population of 750,000 or more. For
24purposes of such application, the
terms term “municipal employee"
and “public
25safety employee" include includes such a supervisor.
AB1005-ASA1,41
1Section
41. 111.71 (2) of the statutes is amended to read:
AB1005-ASA1,20,102
111.71
(2) The commission shall assess and collect a filing fee for filing a
3complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
4The commission shall assess and collect a filing fee for filing a request that the
5commission act as an arbitrator to resolve a dispute involving the interpretation or
6application of a collective bargaining agreement under s. 111.70 (4) (c) 2.
, (cg) 4., or
7(cm) 4. The commission shall assess and collect a filing fee for filing a request that
8the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
9assess and collect a filing fee for filing a request that the commission act as a
10mediator under s. 111.70 (4) (c)
1., (cg) 3.,
1m. or (cm) 3. The commission shall assess
11and collect a filing fee for filing a request that the commission initiate compulsory,
12final and binding arbitration under s. 111.70 (4)
(cg) (cm) 6. or (jm) or 111.77 (3). For
13the performance of commission actions under ss. 111.70 (4) (c)
1., 1m., 2.
, and 3.,
(cg)
143., 4., and 6., (cm) 3.
and, 4.,
and 6., and (jm) and 111.77 (3), the commission shall
15require that the parties to the dispute equally share in the payment of the fee and,
16for the performance of commission actions involving a complaint alleging that a
17prohibited practice has been committed under s. 111.70 (3), the commission shall
18require that the party filing the complaint pay the entire fee. If any party has paid
19a filing fee requesting the commission to act as a mediator for a labor dispute and the
20parties do not enter into a voluntary settlement of the dispute, the commission may
21not subsequently assess or collect a filing fee to initiate fact-finding or arbitration
22to resolve the same labor dispute. If any request for the performance of commission
23actions concerns issues arising as a result of more than one unrelated event or
24occurrence, each such separate event or occurrence
shall be treated as is a separate
25request. The commission shall promulgate rules establishing a schedule of filing fees
1to be paid under this subsection. Fees required to be paid under this subsection shall
2be paid at the time of filing the complaint or the request for fact-finding, mediation
3or arbitration. A complaint or request for fact-finding, mediation or arbitration is
4not filed until the date
such the fee or fees are paid, except that the failure of the
5respondent party to pay the filing fee for having the commission initiate compulsory,
6final and binding arbitration under s. 111.70 (4)
(cg) (cm) 6. or (jm) or 111.77 (3) may
7not prohibit the commission from initiating
such
the arbitration. The commission
8may initiate collection proceedings against the respondent party for the payment of
9the filing fee. Fees collected under this subsection shall be credited to the
10appropriation account under s. 20.425 (1) (i).
AB1005-ASA1,42
11Section 42
. 111.71 (4) of the statutes is created to read:
AB1005-ASA1,20,1512
111.71
(4) The commission shall collect on a systematic basis information on
13the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually
14submit a report on the opinion to the chief clerk of each house of the legislature for
15distribution to the legislature under s. 13.172 (2).
AB1005-ASA1,43
16Section 43
. 111.71 (4m) of the statutes is repealed.
AB1005-ASA1,44
17Section 44
. 111.71 (5) of the statutes is created to read:
AB1005-ASA1,20,2518
111.71
(5) The commission shall, on a regular basis, provide training programs
19to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall
20promote the programs to and recruit participation throughout the state, including
21at least 10 residents of each congressional district. The commission may also provide
22training programs to individuals and organizations on other aspects of collective
23bargaining, including on areas of management and labor cooperation directly or
24indirectly affecting collective bargaining. The commission may charge a reasonable
25fee to participate in the programs.
AB1005-ASA1,46
2Section 46
. 111.77 (9) of the statutes is amended to read:
AB1005-ASA1,21,43
111.77
(9) Section 111.70 (4) (c) 3.
, (cg), and (cm) does not apply to employments
4covered by this section.
AB1005-ASA1,48
6Section
48. 111.825 (5) of the statutes is amended to read:
AB1005-ASA1,21,197
111.825
(5) Although supervisors are not considered employees for purposes
8of this subchapter, the commission may consider a petition for a statewide collective
9bargaining unit of professional supervisors or a statewide unit of nonprofessional
10supervisors in the classified service, but the representative of supervisors may not
11be affiliated with any labor organization representing employees. For purposes of
12this subsection, affiliation does not include membership in a national, state, county
13or municipal federation of national or international labor organizations. The
14certified representative of supervisors who are not public safety employees may not
15bargain collectively with respect to any matter other than wages
and conditions of
16employment as provided in s. 111.91 (3), and the certified representative of
17supervisors who are public safety employees may not bargain collectively with
18respect to any matter other than wages and fringe benefits as provided in s. 111.91
19(1).
AB1005-ASA1,49
20Section 49
. 111.83 (1) of the statutes is amended to read:
AB1005-ASA1,22,921
111.83
(1) Except as provided in sub. (5), a representative chosen for the
22purposes of collective bargaining by
at least 51 percent a majority of the
general 23employees
voting in a collective bargaining unit shall be the exclusive representative
24of all of the employees in such unit for the purposes of collective bargaining.
A
25representative chosen for the purposes of collective bargaining by a majority of the
1public safety employees voting in a collective bargaining unit shall be the exclusive
2representative of all of the employees in such unit for the purposes of collective
3bargaining. Any individual employee, or any minority group of employees in any
4collective bargaining unit, may present grievances to the employer in person, or
5through representatives of their own choosing, and the employer shall confer with
6the employee or group of employees in relation thereto if the majority representative
7has been afforded the opportunity to be present at the conference. Any adjustment
8resulting from such a conference may not be inconsistent with the conditions of
9employment established by the majority representative and the employer.
AB1005-ASA1,50
10Section 50
. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
AB1005-ASA1,51
11Section 51
. 111.83 (3) (b) of the statutes is repealed.
AB1005-ASA1,52
12Section 52
. 111.83 (4) of the statutes is amended to read:
AB1005-ASA1,22,2113
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
14the name of more than one proposed representative appears on the ballot and results
15in no conclusion, the commission may, if requested by any party to the proceeding
16within 30 days from the date of the certification of the results of the election, conduct
17a runoff election. In that runoff election, the commission shall drop from the ballot
18the name of the representative who received the least number of votes at the original
19election. The commission shall drop from the ballot the privilege of voting against
20any representative if the least number of votes cast at the first election was against
21representation by any named representative.
AB1005-ASA1,53
22Section
53. 111.91 (3) (intro.) and (a) of the statutes are consolidated,
23renumbered 111.91 (3) and amended to read:
AB1005-ASA1,23,424
111.91
(3) The employer is prohibited from bargaining with a collective
25bargaining unit containing a general employee with respect to
any of the following:
1(a) Any factor or condition hours of employment
except wages, which includes only
2total base wages and excludes any other compensation, which includes, but is not
3limited to, overtime, premium pay, merit pay, performance pay, supplemental
4compensation, pay schedules, and automatic pay progressions.
AB1005-ASA1,54
5Section
54. 111.91 (3) (b) of the statutes is repealed.
AB1005-ASA1,23,2210
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1166.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
12115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
13118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124,
14118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
15118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
16(10),
118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
17to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m),
(4m), 18(5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
19(35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
20applicable to a 1st class city school district and board but not, unless explicitly
21provided in this chapter or in the terms of a contract, to the commissioner or to any
22school transferred to an opportunity schools and partnership program.
AB1005-ASA1,59
24Section
59. 120.18 (1) (gm) of the statutes is amended to read:
AB1005-ASA1,24,16
1120.18
(1) (gm) Payroll and related benefit costs for all school district
2employees in the previous school year.
Payroll costs Costs for represented employees
3shall be based upon the costs
of wages of any collective bargaining agreements
4covering such employees for the previous school year. If, as of the time specified by
5the department for filing the report, the school district has not entered into a
6collective bargaining agreement for any portion of the previous school year with the
7recognized or certified representative of any of its employees
and the school district
8and the representative have not submitted final offers, increased costs
of wages,
9limited to the lower of the school district's offer and the representative's offer, shall
10be reflected in the report
shall be equal to the maximum wage expenditure that is
11subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The
12school district shall amend the annual report to reflect any change in such costs as
13a result of any collective bargaining agreement entered into between the date of
14filing the report and October 1. Any such amendment shall be concurred in by the
15certified public accountant licensed or certified under ch. 442 certifying the school
16district audit.
AB1005-ASA1,60
17Section 60
. 851.71 (4) of the statutes is amended to read:
AB1005-ASA1,24,2218
851.71
(4) In counties having a population of 750,000 or more, the appointment
19under subs. (1) and (2) shall be made as provided in those subsections but the judges
20shall not remove the register in probate and deputy registers, except through charges
21for dismissal made and sustained under s. 63.10
or an applicable collective
22bargaining agreement.
AB1005-ASA1,61
23Section 61
. 904.085 (2) (a) of the statutes is amended to read:
AB1005-ASA1,25,424
904.085
(2) (a) “Mediation" means mediation under s. 93.50 (3), conciliation
25under s. 111.54, mediation under s. 111.11, 111.70 (4)
(cg) or (cm) 3. or 111.87,
1mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
2or s. 767.405, or any similar statutory, contractual or court-referred process
3facilitating the voluntary resolution of disputes. “Mediation" does not include
4binding arbitration or appraisal.
AB1005-ASA1,25,96
(1) This act first applies to an employee who is covered by a collective
7bargaining agreement under subch. IV or V of ch. 111 that contains provisions
8inconsistent with this act on the day on which the agreement expires or is
9terminated, extended, modified, or renewed, whichever occurs first.