AB43: Bill Text

AB43,,5257 111.70 (1) (f) “Fair-share agreement” means an agreement between a municipal employer and a labor organization that represents public safety employees or, transit employees, or a frontline worker under which all or any of the public safety employees or transit employees in the collective bargaining unit or all or any 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.

AB43,1955 Section 1955. 111.70 (1) (fd) of the statutes is created to read:

AB43,,5259 111.70 (1) (fd) “Frontline worker” means a municipal employee who is determined to be a frontline worker under sub. (4) (bm) 2.

AB43,1956 Section 1956. 111.70 (1) (fm) of the statutes is amended to read:

AB43,,5261 111.70 (1) (fm) “General municipal employee” means a municipal employee who is not a public safety employee or, a transit employee, or a frontline worker.

AB43,1957 Section 1957. 111.70 (1) (n) of the statutes is amended to read:

AB43,,5263 111.70 (1) (n) “Referendum” means a proceeding conducted by the commission in which public safety employees or transit employees in a collective bargaining unit or municipal employees in a collective bargaining unit containing a frontline worker may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement.

AB43,1958 Section 1958. 111.70 (1) (p) of the statutes is amended to read:

AB43,,5265 111.70 (1) (p) “Transit employee” means a municipal employee who is determined to be a transit employee under sub. (4) (bm) 1.

AB43,1959 Section 1959. 111.70 (2) of the statutes is renumbered 111.70 (2) (a) and amended to read:

AB43,,5267 111.70 (2) (a) Municipal 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, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee may not be covered by a fair-share agreement unless the general municipal employee is in a collective bargaining unit containing a frontline worker. Unless the general municipal employee is covered by a fair-share agreement, a general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or, a transit employee, however, or a municipal employee in a collective bargaining unit containing a frontline worker may be covered by a fair-share agreement and be required to pay dues in the manner provided in a the fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30 percent of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare any fair-share 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, creed, or sex to receive as a member any public safety employee or transit eligible municipal employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit municipal employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB43,1960 Section 1960. 111.70 (2) (b) of the statutes is created to read:

AB43,,5269 111.70 (2) (b) General municipal employees who are not in a collective bargaining unit containing a frontline worker have the right to have their municipal 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 municipal 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.

AB43,1961 Section 1961. 111.70 (3) (a) 3. of the statutes is amended to read:

AB43,,5271 111.70 (3) (a) 3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement that covers public safety employees or transit employees.

AB43,1962 Section 1962. 111.70 (3) (a) 5. of the statutes is amended to read:

AB43,,5273 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours, and conditions of employment affecting public safety employees or, transit employees, or municipal employees in a collective bargaining unit containing a frontline worker, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting a collective bargaining unit containing only general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB43,1963 Section 1963. 111.70 (3) (a) 6. of the statutes is amended to read:

AB43,,5275 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public safety employee or, a transit employee, or a municipal employee who is in a collective bargaining unit containing a frontline worker unless the municipal employer has been presented with an individual order therefor, signed by the employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee or transit municipal employee giving at least 30 days’ written notice of such termination to the municipal employer and to the representative organization, except when a fair-share agreement is in effect.

AB43,1964 Section 1964. 111.70 (3) (a) 9. of the statutes is amended to read:

AB43,,5277 111.70 (3) (a) 9. If the collective bargaining unit contains a public safety employee or, transit employee, or frontline worker, after a collective bargaining agreement expires and before another collective bargaining agreement takes effect, to fail to follow any fair-share agreement in the expired collective bargaining agreement.

AB43,1965 Section 1965. 111.70 (3g) of the statutes is amended to read:

AB43,,5279 111.70 (3g) Wage deduction prohibition. A municipal employer may not deduct labor organization dues from the earnings of a general municipal employee, unless the general municipal employee is in a collective bargaining unit that contains a frontline worker, or from the earnings of a supervisor.

AB43,1966 Section 1966. 111.70 (4) (bm) (title) of the statutes is amended to read:

AB43,,5281 111.70 (4) (bm) (title) Transit employee or frontline worker determination.

AB43,1967 Section 1967. 111.70 (4) (bm) of the statutes is renumbered 111.70 (4) (bm) 1.

AB43,1968 Section 1968. 111.70 (4) (bm) 2. of the statutes is created to read:

AB43,,5284 111.70 (4) (bm) 2. The commission shall determine that a municipal employee is a frontline worker if the commission finds that the municipal 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 or a transit employee is a frontline worker.

AB43,1969 Section 1969. 111.70 (4) (cg) (title), 1., 2., 3., 4. and 5. of the statutes are amended to read:

AB43,,5286 111.70 (4) (cg) (title) Methods for peaceful settlement of disputes; transit employees and municipal employees in a collective bargaining unit containing a frontline worker. 1. ‘Notice of commencement of contract negotiations.’ To advise the commission of the commencement of contract negotiations involving a collective bargaining unit containing transit employees or a collective bargaining unit containing a frontline worker, whenever either party requests the other to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no collective bargaining agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide notice, the other party may provide notice to the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall provide any additional information the commission may require on a form provided by the commission.

AB43,,5287 2. ‘Presentation of initial proposals; open meetings.’ The meetings between parties to a collective bargaining agreement or proposed collective bargaining agreement under this subchapter that involve a collective bargaining unit containing a transit employee or a frontline worker and that are held to present initial bargaining proposals, along with supporting rationale, are open to the public. Each party shall submit its initial bargaining proposals to the other party in writing. Failure to comply with this subdivision does not invalidate a collective bargaining agreement under this subchapter.

AB43,,5288 3. ‘Mediation.’ The commission or its designee shall function as mediator in labor disputes involving transit employees or municipal employees in a collective bargaining unit containing a frontline worker upon request of one or both of the parties, or upon initiation of the commission. The function of the mediator is to encourage voluntary settlement by the parties. No mediator has the power of compulsion.

AB43,,5289 4. ‘Grievance arbitration.’ Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a transit employee or a frontline worker may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial, and disinterested person to serve as an arbitrator.

AB43,,5290 5. ‘Voluntary impasse resolution procedures.’ In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer that employs a transit employee or a municipal employee in a collective bargaining unit containing a frontline worker and a labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. The parties shall file a copy of the agreement with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7. and 7g.

AB43,1970 Section 1970. 111.70 (4) (cg) 6. a. of the statutes is amended to read:

AB43,,5292 111.70 (4) (cg) 6. a. If, in any collective bargaining unit containing transit employees or a frontline worker, a dispute has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours, or conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final, and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission when the petition is filed.

AB43,1971 Section 1971. 111.70 (4) (cg) 7r. d., e. and f. of the statutes are amended to read:

AB43,,5294 111.70 (4) (cg) 7r. d. Comparison of wages, hours, and conditions of employment of the transit municipal employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees performing similar services.

AB43,,5295 e. Comparison of the wages, hours, and conditions of employment of the transit municipal employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees generally in public employment in the same community and in comparable communities.

AB43,,5296 f. Comparison of the wages, hours, and conditions of employment of the transit municipal employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees in private employment in the same community and in comparable communities.

AB43,1972 Section 1972. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:

AB43,,5298 111.70 (4) (cg) 7r. h. The overall compensation presently received by the transit municipal employees involved in the arbitration proceedings, including direct wage compensation, vacation, holidays, and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

AB43,1973 Section 1973. 111.70 (4) (cg) 8m. of the statutes is amended to read:

AB43,,5300 111.70 (4) (cg) 8m. ‘Term of agreement; reopening of negotiations.’ Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering transit employees or a frontline worker shall be for a term of 2 years, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of transit employees subject to this paragraph be for a term exceeding 3 years. No arbitration award involving transit employees or a frontline worker may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB43,1974 Section 1974. 111.70 (4) (d) 1. of the statutes is amended to read:

AB43,,5302 111.70 (4) (d) 1. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees or transit municipal employees voting in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. A representative chosen for the purposes of collective bargaining by at least 51 percent of the general municipal employees in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, shall have the right to present grievances to the municipal employer in person or through representatives of their own choosing, and the municipal employer shall confer with the employee in relation thereto, if the majority representative has been afforded the opportunity to be present at the conferences. Any adjustment resulting from these conferences may not be inconsistent with the conditions of employment established by the majority representative and the municipal employer.

AB43,1975 Section 1975. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB43,,5304 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal workforce. The commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether they desire to be established as a separate collective bargaining unit. The commission may not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both school district employees and general municipal employees who are not school district employees. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both public safety employees and general municipal employees, if the group includes both transit employees and general municipal employees, or if the group includes both transit employees and public safety employees place public safety employees in a collective bargaining unit with employees who are not public safety employees or place transit employees in a collective bargaining unit with employees who are not transit employees. The commission may place frontline workers in a collective bargaining unit with municipal 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 municipal employees who are not frontline workers, the collective bargaining unit is treated as if all employees in the collective bargaining unit are frontline workers. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30 percent of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit.

AB43,1976 Section 1976. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and renumbered 111.70 (4) (d) 3.

AB43,1977 Section 1977. 111.70 (4) (d) 3. b. of the statutes is repealed.

AB43,1978 Section 1978. 111.70 (4) (mb) (intro.) of the statutes is amended to read:

AB43,,5308 111.70 (4) (mb) Prohibited subjects of bargaining; general municipal employees. (intro.) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a only general municipal employee employees with respect to any of the following:

AB43,1979 Section 1979. 111.70 (4) (mbb) of the statutes is amended to read:

AB43,,5310 111.70 (4) (mbb) Consumer price index change. For purposes of determining compliance with par. (mb), the commission shall provide, upon request, to a municipal employer or to any representative of a collective bargaining unit containing a only general municipal employee employees, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.

AB43,1980 Section 1980. 111.70 (4) (p) of the statutes is amended to read:

AB43,,5312 111.70 (4) (p) Permissive subjects of collective bargaining; public safety and employees, transit employees, and municipal employees in a collective bargaining unit containing a frontline worker. A municipal employer is not required to bargain with public safety employees or, transit employees, or municipal employees in a collective bargaining unit containing a frontline worker on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the public safety employees or in a collective bargaining unit, of the transit employees in a collective bargaining unit, or of the municipal employees in the collective bargaining unit containing a frontline worker, whichever is appropriate.

AB43,1981 Section 1981. 111.70 (7m) (c) 1. a. of the statutes is amended to read:

AB43,,5314 111.70 (7m) (c) 1. a. Any labor organization that represents public safety employees or, transit employees, or a frontline worker which violates sub. (4) (L) may not collect any dues under a collective bargaining agreement or under a fair-share agreement from any employee covered by either agreement for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the public safety employees or transit municipal employees covered by the collective bargaining agreement or fair-share agreement or the agreement is no longer in effect.

AB43,1982 Section 1982. 111.81 (1) of the statutes is renumbered 111.81 (1s) and amended to read:

AB43,,5316 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.

AB43,1983 Section 1983. 111.81 (1d) of the statutes is created to read:

AB43,,5318 111.81 (1d) “Authority” means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 237, 238, or 279.

AB43,1984 Section 1984. 111.81 (7) (ag) of the statutes is created to read:

AB43,,5320 111.81 (7) (ag) An employee of an authority.

AB43,1985 Section 1985. 111.81 (8) of the statutes is amended to read:

AB43,,5322 111.81 (8) “Employer” means the state of Wisconsin and includes an authority.

AB43,1986 Section 1986. 111.81 (9) of the statutes is amended to read:

AB43,,5324 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.

AB43,1987 Section 1987. 111.81 (9b) of the statutes is created to read:

AB43,,5326 111.81 (9b) “Frontline worker” means an employee who is determined to be a frontline worker under s. 111.817.

AB43,1988 Section 1988. 111.81 (9g) of the statutes is amended to read:

AB43,,5328 111.81 (9g) “General employee” means an employee who is not a public safety employee or a frontline worker.

AB43,1989 Section 1989. 111.81 (12) (intro.) of the statutes is amended to read:

AB43,,5330 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:

AB43,1990 Section 1990. 111.81 (12) (b) of the statutes is amended to read:

AB43,,5332 111.81 (12) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin.

AB43,1991 Section 1991. 111.81 (12m) of the statutes is amended to read:

AB43,,5334 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.

AB43,1992 Section 1992. 111.81 (16) of the statutes is amended to read:

AB43,,5336 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.

AB43,1993 Section 1993. 111.815 (1) of the statutes is amended to read:

AB43,,5338 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.

AB43,1994 Section 1994. 111.817 of the statutes is created to read:

AB43,,5340 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.

AB43,1995 Section 1995. 111.82 of the statutes is renumbered 111.82 (1) and amended to read:

AB43,,5342 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.

AB43,1996 Section 1996. 111.82 (2) of the statutes is created to read:

AB43,,5344 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.

AB43,1997 Section 1997. 111.825 (1) (intro.) of the statutes is amended to read: