Amendment AA1-SB70

SB70-AA1,299,17 111.81 (1s) “Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect to for public safety employees, with respect to the subjects of bargaining provided in s. 111.91 (1w) for employees in a collective bargaining unit containing a frontline worker, and with respect to the subjects of bargaining provided in s. 111.91 (3), with respect to for general employees who are in a collective bargaining unit that does not contain a frontline worker, with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

SB70-AA1,620 Section 620. 111.81 (1d) of the statutes is created to read:

SB70-AA1,299,20 111.81 (1d) “Authority” means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 237, 238, or 279.

SB70-AA1,621 Section 621. 111.81 (7) (ag) of the statutes is created to read:

SB70-AA1,299,22 111.81 (7) (ag) An employee of an authority.

SB70-AA1,622 Section 622. 111.81 (8) of the statutes is amended to read:

SB70-AA1,299,24 111.81 (8) “Employer" means the state of Wisconsin and includes an authority.

SB70-AA1,623 Section 623. 111.81 (9) of the statutes is amended to read:

SB70-AA1,300,7 111.81 (9) “Fair-share agreement" means an agreement between the employer and a labor organization representing public safety employees or a frontline worker under which all of the public safety employees in the collective bargaining unit or all of the employees in a collective bargaining unit containing a frontline worker are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

SB70-AA1,624 Section 624. 111.81 (9b) of the statutes is created to read:

SB70-AA1,300,10 111.81 (9b) “Frontline worker” means an employee who is determined to be a frontline worker under s. 111.817.

SB70-AA1,625 Section 625. 111.81 (9g) of the statutes is amended to read:

SB70-AA1,300,13 111.81 (9g) “General employee" means an employee who is not a public safety employee or a frontline worker.

SB70-AA1,626 Section 626. 111.81 (12) (intro.) of the statutes is amended to read:

SB70-AA1,300,18 111.81 (12) (intro.) “Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters that are subject to collective bargaining under s. 111.91 (1), (1w), or (3), whichever is applicable; but the term shall not include any organization:

SB70-AA1,627 Section 627. 111.81 (12m) of the statutes is amended to read:

SB70-AA1,301,3 111.81 (12m) “Maintenance of membership agreement" means an agreement between the employer and a labor organization representing public safety employees or a frontline worker which requires that all of the public safety employees or employees who are in a collective bargaining unit containing a frontline worker whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement, and that dues shall be deducted from the earnings of all public safety such employees who are hired on or after the effective date of the agreement.

SB70-AA1,628 Section 628. 111.81 (16) of the statutes is amended to read:

SB70-AA1,301,10 111.81 (16) “Referendum" means a proceeding conducted by the commission in which public safety employees in a collective bargaining unit or all employees in a collective bargaining unit containing a frontline worker may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

SB70-AA1,629 Section 629. 111.815 (1) of the statutes is amended to read:

SB70-AA1,302,7 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The division shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the division shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1r) and (1t), the division is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern and with operating authorities on matters of authority concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the division that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., is responsible for the employer functions under this subchapter.

SB70-AA1,630 Section 630. 111.817 of the statutes is created to read:

SB70-AA1,302,14 111.817 Duty of commission; determination of frontline workers. The commission shall determine that an employee is a frontline worker if the commission finds that the employee has regular job duties that include interacting with members of the public or with large populations of people or that directly involve the maintenance of public works. The commission may not determine that a public safety employee is a frontline worker.

SB70-AA1,631 Section 631. 111.82 of the statutes is renumbered 111.82 (1) and amended to read:

SB70-AA1,302,25 111.82 (1) Employees have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any or all of such activities. A general employee may not be covered by a fair-share agreement unless the general employee is in a collective bargaining unit containing a frontline worker. Unless the general employee is covered by a fair-share agreement, a general employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit.

SB70-AA1,632 Section 632. 111.82 (2) of the statutes is created to read:

SB70-AA1,303,8 111.82 (2) General employees who are not in a collective bargaining unit containing a frontline worker have the right to have their employer consult with them, through a representative of their own choosing, with no intention of reaching an agreement, with respect to wages, hours, and conditions of employment. The right may be exercised either when the employer proposes or implements policy changes affecting wages, hours, or conditions of employment or, if no policy changes are proposed or implemented, at least quarterly.

SB70-AA1,633 Section 633. 111.825 (1) (intro.) of the statutes is amended to read:

SB70-AA1,303,15 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employees in the classified service of the state and for employees of authorities are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:

SB70-AA1,634 Section 634. 111.825 (3) of the statutes is amended to read:

SB70-AA1,303,24 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1r), (1t), and (2). The commission may place frontline workers in a collective bargaining unit with employees who are not frontline workers if the commission determines it is appropriate; if the commission places in a collective bargaining unit frontline workers and employees who are not frontline workers, the collective bargaining unit is treated as if all employees in the collective bargaining unit are frontline workers and may bargain as provided in s. 111.91 (1w).

SB70-AA1,635 Section 635. 111.825 (5) of the statutes is amended to read:

SB70-AA1,304,14 111.825 (5) Although supervisors are not considered employees for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employees. For purposes of this subsection, affiliation does not include membership in a national, state, county or municipal federation of national or international labor organizations. The certified representative of supervisors who are not public safety employees or frontline workers may not bargain collectively with respect to any matter other than wages as provided in s. 111.91 (3), and the certified representative of supervisors who are public safety employees may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (1) , and the certified representative of supervisors who are frontline workers may bargain as provided in s. 111.91 (1w).

SB70-AA1,636 Section 636. 111.83 (1) of the statutes is amended to read:

SB70-AA1,305,4 111.83 (1) Except as provided in sub. (5), a representative chosen for the purposes of collective bargaining by at least 51 percent of the general employees in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with the employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

SB70-AA1,637 Section 637. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).

SB70-AA1,638 Section 638. 111.83 (3) (b) of the statutes is repealed.

SB70-AA1,639 Section 639. 111.83 (4) of the statutes is amended to read:

SB70-AA1,305,16 111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, if requested by any party to the proceeding within 30 days from the date of the certification of the results of the election, conduct a runoff election. In that runoff election, the commission shall drop from the ballot the name of the representative who received the least number of votes at the original election. The commission shall drop from the ballot the privilege of voting against any representative if the least number of votes cast at the first election was against representation by any named representative.

SB70-AA1,640 Section 640. 111.84 (1) (d) of the statutes is amended to read:

SB70-AA1,306,2 111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91 (1), (1w), or (3), whichever is appropriate, with a representative of a majority of its employees in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

SB70-AA1,641 Section 641. 111.84 (1) (f) of the statutes is amended to read:

SB70-AA1,306,12 111.84 (1) (f) To deduct labor organization dues from the earnings of a public safety employee or an employee who is in a collective bargaining unit containing a frontline worker, unless the employer has been presented with an individual order therefor, signed by the public safety employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee giving at least 30 but not more than 120 days' written notice of such termination to the employer and to the representative labor organization, except if there is a fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

SB70-AA1,642 Section 642. 111.84 (2) (c) of the statutes is amended to read:

SB70-AA1,306,22 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1), (1w), or (3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) or (ag) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (ar) to (f) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

SB70-AA1,643 Section 643. 111.85 (1) of the statutes is amended to read:

SB70-AA1,307,8 111.85 (1) (a) No fair-share or maintenance of membership agreement covering public safety employees under this subchapter may become effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the public safety employees in a collective bargaining unit or at least 30 percent of the employees in a collective bargaining unit containing a frontline worker desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.

SB70-AA1,307,19 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible public safety employees voting in a referendum shall vote in favor of the agreement or at least two-thirds of the employees in a collective bargaining unit containing a frontline worker shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible public safety employees voting in a referendum shall vote in favor of the agreement or at least a majority of the employees in a collective bargaining unit containing a frontline worker shall vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible public safety employees vote in favor of the agreement, a maintenance of membership agreement is authorized.

SB70-AA1,308,9 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum ordered under par. (a), the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employees affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety the employees affected by the agreement or by local labor organizations which may arise for actions taken by the employer in compliance with this section. All such lawful claims, demands, suits , and other forms of liability are the responsibility of the labor organization entering into the agreement.

SB70-AA1,308,16 (d) Under each fair-share or maintenance of membership agreement, a public safety an employee affected by the agreement who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the public safety employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

SB70-AA1,644 Section 644. 111.85 (2) of the statutes is amended to read:

SB70-AA1,309,9 111.85 (2) (a) Once authorized under sub. (1), a fair-share or maintenance of membership agreement covering public safety employees shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30 percent of the public safety employees in the collective bargaining unit or at least 30 percent of the employees in a collective bargaining unit containing a frontline worker desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated terminates at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

SB70-AA1,309,18 (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any public safety employee in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

SB70-AA1,645 Section 645. 111.85 (4) of the statutes is amended to read:

SB70-AA1,309,23 111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency or authority whose public safety employees are entitled to vote in a referendum to conduct a referendum provided for herein under this section.

SB70-AA1,646 Section 646. 111.86 (2) of the statutes is amended to read:

SB70-AA1,310,7 111.86 (2) The division shall charge a state department or, agency, or authority the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the state department or, agency, or authority. Each state department or, agency, or authority so charged shall pay the amount that the division charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.505 (1) (ks).

SB70-AA1,647 Section 647. 111.88 (1) of the statutes is amended to read:

SB70-AA1,310,19 111.88 (1) If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the representative which has been certified by the commission after an election, or, in the case of a representative of employees specified in s. 111.81 (7) (a) or (ag), has been duly recognized by the employer, as the exclusive representative of employees in an appropriate collective bargaining unit, and the employer, its officers and agents, after a reasonable period of negotiation, are deadlocked with respect to any dispute between them arising in the collective bargaining process, the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.

SB70-AA1,648 Section 648. 111.90 (1) of the statutes is amended to read:

SB70-AA1,310,23 111.90 (1) Carry out the statutory mandate and goals assigned to a state agency or authority by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

SB70-AA1,649 Section 649. 111.90 (2) of the statutes is amended to read:

SB70-AA1,311,3 111.90 (2) Manage the employees of a state agency or authority; hire, promote, transfer, assign or retain employees in positions within the agency or authority; and in that regard establish reasonable work rules.

SB70-AA1,650 Section 650. 111.91 (1w) of the statutes is created to read:

SB70-AA1,311,13 111.91 (1w) (a) Except as provided in pars. (b) and (c), with regard to a collective bargaining unit that contains at least one frontline worker, matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified employees to duties of a higher classification or downward reallocations of a classified employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.

SB70-AA1,311,18 (b) With regard to a collective bargaining unit that contains at least one frontline worker, the employer is not required to bargain on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of bargaining.

SB70-AA1,311,20 (c) The employer is prohibited from bargaining on matters contained in sub. (2) with a collective bargaining unit that contains at least one frontline worker.

SB70-AA1,651 Section 651. 111.91 (2) (intro.) of the statutes is amended to read:

SB70-AA1,311,24 111.91 (2) (intro.) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) or with a collective bargaining unit that contains a frontline worker with respect to all of the following:

SB70-AA1,652 Section 652. 111.91 (3) (intro.) of the statutes is amended to read:

SB70-AA1,312,3 111.91 (3) (intro.) The employer is prohibited from bargaining with a collective bargaining unit containing a only general employee employees with respect to any of the following:

SB70-AA1,653 Section 653. 111.91 (3q) of the statutes is amended to read:

SB70-AA1,312,9 111.91 (3q) For purposes of determining compliance with sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a only general employee employees, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.

SB70-AA1,654 Section 654. 111.91 (4) of the statutes is amended to read:

SB70-AA1,312,19 111.91 (4) The administrator of the division, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a) 1., shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) or (ag) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.

SB70-AA1,655 Section 655. 111.92 (3) (a) of the statutes is amended to read:

SB70-AA1,312,23 111.92 (3) (a) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) or a collective bargaining unit containing a frontline worker shall coincide with the fiscal year or biennium.

SB70-AA1,656 Section 656. 111.92 (3) (b) of the statutes is amended to read:

SB70-AA1,313,4 111.92 (3) (b) No agreements covering a collective bargaining unit containing a only general employee employees may be for a period that exceeds one year, and each agreement must coincide with the fiscal year. Agreements covering a collective bargaining unit containing a only general employee employees may not be extended.

SB70-AA1,657 Section 657. 111.93 (3) (a) of the statutes is amended to read:

SB70-AA1,313,15 111.93 (3) (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g) or in a collective bargaining unit containing a frontline worker, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, and policies or determinations of an authority, that are related to wages, fringe benefits, hours, and conditions of employment, whether or not the matters contained in those statutes, rules, and policies , and determinations are set forth in the collective bargaining agreement.

SB70-AA1,658 Section 658. 111.93 (3) (b) of the statutes is amended to read:

SB70-AA1,313,23 111.93 (3) (b) If a collective bargaining agreement exists between the employer and a labor organization representing only general employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

SB70-AA1,659 Section 659. 118.22 (4) of the statutes is created to read:

SB70-AA1,314,4 118.22 (4) A collective bargaining agreement under subch. IV of ch. 111 may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

SB70-AA1,660 Section 660. 118.245 (1) of the statutes is amended to read:

SB70-AA1,314,14 118.245 (1) If a school board wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

SB70-AA1,661 Section 661. 118.42 (3) (a) 4. of the statutes is amended to read:

SB70-AA1,314,18 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements under subch. IV of ch. 111.