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2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 917
February 20, 2024 - Offered by Representatives Shelton, Sinicki and Cabrera.
SB917-ASA1,2,4 1An Act to repeal 66.0506, 66.0508, 66.0509 (1m), 73.03 (68), 111.70 (1) (cm),
2111.70 (3) (a) 7m., 111.70 (3) (b) 6m., 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70
3(4) (mb), 111.70 (4) (mbb), 111.71 (4m), 111.71 (5m), 111.81 (3n), 111.83 (3) (b),
4111.91 (3) (b), 111.91 (3q), 118.245 and 120.12 (4m); to renumber 111.83 (3) (a);
5to renumber and amend 111.70 (4) (c) 1. and 111.70 (4) (cm) 1.; to
6consolidate and renumber
111.70 (4) (d) 3. a. and c.; to consolidate,
7renumber and amend
111.91 (3) (intro.) and (a); to amend 20.425 (1) (i),
8111.70 (1) (a), 111.70 (3) (a) 5., 111.70 (4) (c) (title), 111.70 (4) (c) 2., 111.70 (4) (c)
93. (intro.), 111.70 (4) (cm) (title), 111.70 (4) (cm) 2., 3. and 4., 111.70 (4) (cm) 8m.,
10111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (p), 111.70 (8) (a), 111.71 (2), 111.77
11(9), 111.825 (5), 111.83 (1), 111.83 (4), 119.04 (1), 120.18 (1) (gm), 851.71 (4) and
12904.085 (2) (a); and to create 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (4) (c) 1g.,
13111.70 (4) (cm) 1g., 111.70 (4) (cm) 5., 111.70 (4) (cm) 6., 111.70 (4) (cm) 7., 111.70

1(4) (cm) 7g., 111.70 (4) (cm) 7r., 111.70 (4) (cm) 8., 111.70 (4) (n), 111.70 (7m) (c)
23., 111.70 (7m) (e), 111.71 (4) and 111.71 (5) of the statutes; relating to:
3bargaining over wages, hours, and conditions of employment for public
4employees.
Analysis by the Legislative Reference Bureau
Under current law, the only subject that most state and municipal employees
may collectively bargain over is a percentage increase in base wages that does not
exceed the percentage increase in the consumer price index. This bill removes that
limitation so that state and municipal employees may bargain over any increase in
wages.
Also, under current law, certain protective occupation participants under the
Wisconsin Retirement System, known as public safety employees, and certain
municipal transit employees may collectively bargain wages, hours, and conditions
of employment. Under the bill, most state and general municipal employees may
collectively bargain hours and conditions of employment.
The bill also allows all municipal employers and labor organizations to agree
to a dispute settlement procedure, including binding interest arbitration, to resolve
an impasse over the terms of a collective bargaining agreement under the Municipal
Employment Relations Act.
Under current law, representatives for most municipal and state employee
bargaining units must be selected by at least 51 percent of the employees in the
bargaining unit. The bill changes that requirement to a simple majority of the
employees voting in the collective bargaining unit.
Finally, under current law, representatives for most municipal and state
employee bargaining units must be certified annually by receiving at least 51 percent
of the vote of the employees in the bargaining unit. The bill repeals this certification
requirement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB917-ASA1,1 5Section 1 . 20.425 (1) (i) of the statutes is amended to read:
SB917-ASA1,3,96 20.425 (1) (i) Fees, collective bargaining training, publications, and appeals.
7The amounts in the schedule for the performance of fact-finding, mediation,
8certification, and arbitration functions, for the provision of copies of transcripts, for
9the cost of operating training programs under ss. 111.09 (3), 111.71 (5m) (5), and

1111.94 (3), for the preparation of publications, transcripts, reports, and other copied
2material, and for costs related to conducting appeals under s. 230.45. All moneys
3received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3)
4(b), 111.94 (1) and (2), and 230.45 (3), all moneys received from arbitrators and
5arbitration panel members, and individuals who are interested in serving in such
6positions, and from individuals and organizations who participate in other collective
7bargaining training programs conducted by the commission, and all moneys received
8from the sale of publications, transcripts, reports, and other copied material shall be
9credited to this appropriation account.
SB917-ASA1,2 10Section 2. 66.0506 of the statutes is repealed.
SB917-ASA1,3 11Section 3. 66.0508 of the statutes is repealed.
SB917-ASA1,4 12Section 4. 66.0509 (1m) of the statutes is repealed.
SB917-ASA1,5 13Section 5. 73.03 (68) of the statutes is repealed.
SB917-ASA1,6 14Section 6. 111.70 (1) (a) of the statutes is amended to read:
SB917-ASA1,4,415 111.70 (1) (a) “Collective bargaining" means the performance of the mutual
16obligation of a municipal employer, through its officers and agents, and the
17representative of its municipal employees in a collective bargaining unit, to meet and
18confer at reasonable times, in good faith, with the intention of reaching an
19agreement, or to resolve questions arising under such an agreement, with respect to
20wages, hours, and conditions of employment for public safety employees or transit
21employees and with respect to wages for general municipal employees
, and with
22respect to a requirement of the municipal employer for a municipal employee to
23perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
24(2e) and for a school district with respect to any matter under sub. (4) (n), except as
25provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal

1employer shall not meet and confer with respect to any proposal to diminish or
2abridge the rights guaranteed to any public safety employees under ch. 164.
3Collective bargaining includes the reduction of any agreement reached to a written
4and signed document.
SB917-ASA1,7 5Section 7. 111.70 (1) (cm) of the statutes is repealed.
SB917-ASA1,8 6Section 8 . 111.70 (3) (a) 5. of the statutes is amended to read:
SB917-ASA1,4,157 111.70 (3) (a) 5. To violate any collective bargaining agreement previously
8agreed upon by the parties with respect to wages, hours, and conditions of
9employment affecting public safety employees or transit municipal employees,
10including an agreement to arbitrate questions arising as to the meaning or
11application of the terms of a collective bargaining agreement or to accept the terms
12of such arbitration award, where previously the parties have agreed to accept such
13award as final and binding upon them or to violate any collective bargaining
14agreement affecting general municipal employees, that was previously agreed upon
15by the parties with respect to wages
.
SB917-ASA1,9 16Section 9 . 111.70 (3) (a) 7. of the statutes is created to read:
SB917-ASA1,4,1817 111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
18lawfully made under sub. (4) (cm).
SB917-ASA1,10 19Section 10 . 111.70 (3) (a) 7m. of the statutes is repealed.
SB917-ASA1,11 20Section 11 . 111.70 (3) (b) 6. of the statutes is created to read:
SB917-ASA1,4,2221 111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
22lawfully made under sub. (4) (cm).
SB917-ASA1,12 23Section 12 . 111.70 (3) (b) 6m. of the statutes is repealed.
SB917-ASA1,13 24Section 13 . 111.70 (4) (c) (title) of the statutes is amended to read:
SB917-ASA1,5,2
1111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety
2employees
law enforcement and fire fighting personnel.
SB917-ASA1,14 3Section 14 . 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m. and
4amended to read:
SB917-ASA1,5,105 111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in
6labor disputes involving a collective bargaining unit containing a public safety
7employee
. Such mediation may be carried on by a person designated to act by the
8commission upon request of one or both of the parties or upon initiation of the
9commission. The function of the mediator is to encourage voluntary settlement by
10the parties but no mediator has the power of compulsion.
SB917-ASA1,15 11Section 15 . 111.70 (4) (c) 1g. of the statutes is created to read:
SB917-ASA1,5,1312 111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal
13employees who are engaged in law enforcement or fire fighting functions.
SB917-ASA1,16 14Section 16 . 111.70 (4) (c) 2. of the statutes is amended to read:
SB917-ASA1,5,1915 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
16or application of the terms of a written collective bargaining agreement involving a
17collective bargaining unit containing a public safety employee
may agree in writing
18to have the commission or any other appropriate agency serve as arbitrator or may
19designate any other competent, impartial and disinterested person to so serve.
SB917-ASA1,17 20Section 17. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
SB917-ASA1,6,321 111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
22involving a collective bargaining unit containing a public safety employee has not
23been settled after a reasonable period of negotiation and after the settlement
24procedures, if any, established by the parties have been exhausted, and the parties
25are deadlocked with respect to any dispute between them arising in the collective

1bargaining process, either party, or the parties jointly, may petition the commission,
2in writing, to initiate fact-finding, and to make recommendations to resolve the
3deadlock, as follows:
SB917-ASA1,18 4Section 18 . 111.70 (4) (cg) of the statutes is repealed.
SB917-ASA1,19 5Section 19 . 111.70 (4) (cm) (title) of the statutes is amended to read:
SB917-ASA1,6,76 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general
7municipal employees
other personnel .
SB917-ASA1,20 8Section 20 . 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm) 1m.
9and amended to read:
SB917-ASA1,6,2010 111.70 (4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
11purpose of advising the commission of the commencement of contract negotiations
12involving a collective bargaining unit containing general municipal employees,
13whenever either party requests the other to reopen negotiations under a binding
14collective bargaining agreement, or the parties otherwise commence negotiations if
15no such agreement exists, the party requesting negotiations shall immediately notify
16the commission in writing. Upon failure of the requesting party to provide such
17notice, the other party may so notify the commission. The notice shall specify the
18expiration date of the existing collective bargaining agreement, if any, and shall set
19forth any additional information the commission may require on a form provided by
20the commission.
SB917-ASA1,21 21Section 21 . 111.70 (4) (cm) 1g. of the statutes is created to read:
SB917-ASA1,6,2322 111.70 (4) (cm) 1g. `Application.' a. Chapter 788 does not apply to arbitration
23proceedings under this paragraph.
SB917-ASA1,6,2524 b. This paragraph does not apply to labor disputes involving municipal
25employees who are engaged in law enforcement or fire fighting functions.
SB917-ASA1,22
1Section 22. 111.70 (4) (cm) 2., 3. and 4. of the statutes are amended to read:
SB917-ASA1,7,92 111.70 (4) (cm) 2. `Presentation of initial proposals; open meetings.' The
3meetings between parties to a collective bargaining agreement or proposed collective
4bargaining agreement under this subchapter that involve a collective bargaining
5unit containing a general municipal employee and that
are held for the purpose of
6presenting initial bargaining proposals, along with supporting rationale, shall be are
7open to the public. Each party shall submit its initial bargaining proposals to the
8other party in writing. Failure to comply with this subdivision is not cause to
9invalidate a collective bargaining agreement under this subchapter.
SB917-ASA1,7,1410 3. `Mediation.' The commission or its designee shall function as mediator in
11labor disputes involving general municipal employees upon request of one or both of
12the parties, or upon initiation of the commission. The function of the mediator shall
13be to encourage voluntary settlement by the parties. No mediator has the power of
14compulsion.
SB917-ASA1,7,2015 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
16application of the terms of a written collective bargaining agreement involving a
17collective bargaining unit containing a general municipal employee
may agree in
18writing to have the commission or any other appropriate agency serve as arbitrator
19or may designate any other competent, impartial and disinterested person to so
20serve.
SB917-ASA1,23 21Section 23 . 111.70 (4) (cm) 5. of the statutes is created to read:
SB917-ASA1,8,722 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
23other impasse resolution procedures provided in this paragraph, a municipal
24employer and labor organization may, as a permissive subject of bargaining, agree
25in writing to a dispute settlement procedure, including binding interest arbitration,

1that is acceptable to the parties for resolving an impasse over terms of any collective
2bargaining agreement under this subchapter. The parties shall file a copy of the
3agreement with the commission. If the parties agree to any form of binding interest
4arbitration, the arbitrator shall give weight to the factors enumerated under subds.
57. and 7g. for a collective bargaining unit consisting of municipal employees who are
6not school district employees and under subd. 7r. for a collective bargaining unit
7consisting of municipal employees.
SB917-ASA1,24 8Section 24 . 111.70 (4) (cm) 6. of the statutes is created to read:
SB917-ASA1,8,239 111.70 (4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
10a dispute relating to any issue has not been settled after a reasonable period of
11negotiation and after mediation by the commission under subd. 3. and other
12settlement procedures, if any, established by the parties have been exhausted, and
13the parties are deadlocked with respect to any dispute between them over wages,
14hours, or conditions of employment to be included in a new collective bargaining
15agreement, either party, or the parties jointly, may petition the commission, in
16writing, to initiate compulsory, final, and binding arbitration, as provided in this
17paragraph. At the time the petition is filed, the petitioning party shall submit in
18writing to the other party and the commission its preliminary final offer containing
19its latest proposals on all issues in dispute. Within 14 calendar days after the date
20of that submission, the other party shall submit in writing its preliminary final offer
21on all disputed issues to the petitioning party and the commission. If a petition is
22filed jointly, both parties shall exchange their preliminary final offers in writing and
23submit copies to the commission at the time the petition is filed.
SB917-ASA1,9,2524 am. Upon receipt of a petition to initiate arbitration, the commission shall
25investigate, with or without a formal hearing, whether arbitration should be

1commenced. If in determining whether an impasse exists the commission finds that
2the procedures under this paragraph have not been complied with and that the
3compliance would tend to result in a settlement, it may order compliance before
4ordering arbitration. The validity of any arbitration award or collective bargaining
5agreement is not affected by failure to comply with the procedures. Prior to the close
6of the investigation, each party shall submit in writing to the commission its single
7final offer containing its final proposals on all issues in dispute that are subject to
8interest arbitration under this subdivision. If a party fails to submit a single final
9offer, the commission shall close the investigation based on the last written position
10of the party. Such final offers may include only mandatory subjects of bargaining,
11except that a permissive subject of bargaining may be included by a party if the other
12party does not object and shall then be treated as a mandatory subject. The parties
13shall also submit to the commission a written stipulation with respect to all matters
14that are agreed upon for inclusion in the new or amended collective bargaining
15agreement. The commission, after receiving a report from its investigator and
16determining that arbitration should be commenced, shall issue an order requiring
17arbitration and immediately submit to the parties a list of 7 arbitrators. The parties
18shall alternately strike names from the list until a single name is left, who shall be
19appointed as arbitrator. The petitioning party shall notify the commission in writing
20of the identity of the arbitrator selected. Upon receipt of the notice, the commission
21shall formally appoint the arbitrator and submit to him or her the final offers of the
22parties. The final offers are public documents and the commission shall make them
23available. In lieu of a single arbitrator and upon request of both parties, the
24commission shall appoint a tripartite arbitration panel consisting of one member
25selected by each of the parties and a neutral person designated by the commission

1who shall serve as a chairperson. An arbitration panel has the same powers and
2duties as provided in this section for any other appointed arbitrator, and all
3arbitration decisions by a panel shall be determined by majority vote. In place of
4selection of the arbitrator by the parties and upon request of both parties, the
5commission shall establish a procedure for randomly selecting names of arbitrators.
6Under the procedure, the commission shall submit a list of 7 arbitrators to the
7parties. Each party shall strike one name from the list. From the remaining 5
8names, the commission shall randomly appoint an arbitrator. Unless both parties
9to an arbitration proceeding otherwise agree in writing, every individual whose
10name is submitted by the commission for appointment as an arbitrator must be a
11resident of this state at the time of submission and every individual who is
12designated as an arbitration panel chairperson must be a resident of this state at the
13time of designation.
SB917-ASA1,10,2414 b. The arbitrator shall, within 10 days of his or her appointment, establish a
15date and place for the arbitration hearing. Upon petition of at least 5 citizens of the
16jurisdiction served by the municipal employer, filed within 10 days after the date on
17which the arbitrator is appointed, the arbitrator shall hold a public hearing in the
18jurisdiction to provide the opportunity to both parties to explain or present
19supporting arguments for their positions and to members of the public to offer their
20comments and suggestions. The final offers of the parties, as transmitted by the
21commission to the arbitrator, are the basis for any continued negotiations between
22the parties with respect to the issues in dispute. At any time prior to the arbitration
23hearing, either party, with the consent of the other party, may modify its final offer
24in writing.
SB917-ASA1,11,10
1c. Prior to the arbitration hearing, either party may, within a time limit
2established by the arbitrator, withdraw its final offer and any mutually agreed upon
3modifications and shall immediately provide written notice of any withdrawal to the
4other party, the arbitrator, and the commission. If both parties withdraw their final
5offers and mutually agreed upon modifications, the labor organization, after giving
610 days' written notice to the municipal employer and the commission, may strike.
7Unless both parties withdraw their final offers and mutually agreed upon
8modifications, the final offer of neither party is considered withdrawn and the
9arbitrator shall proceed to resolve the dispute by final and binding arbitration as
10provided in this paragraph.
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