AB50-ASA2-AA6,336Section 33. 111.70 (4) (bm) (title) of the statutes is amended to read: AB50-ASA2-AA6,13,77111.70 (4) (bm) (title) Transit employee or frontline worker determination. AB50-ASA2-AA6,348Section 34. 111.70 (4) (bm) of the statutes is renumbered 111.70 (4) (bm) 1. AB50-ASA2-AA6,359Section 35. 111.70 (4) (bm) 2. of the statutes is created to read: AB50-ASA2-AA6,13,1510111.70 (4) (bm) 2. The commission shall determine that a municipal employee 11is a frontline worker if the commission finds that the municipal employee has 12regular job duties that include interacting with members of the public or with large 13populations of people or that directly involve the maintenance of public works. The 14commission may not determine that a public safety employee or a transit employee 15is a frontline worker. AB50-ASA2-AA6,3616Section 36. 111.70 (4) (cg) (title), 1., 2., 3., 4. and 5. of the statutes are 17amended to read: AB50-ASA2-AA6,14,718111.70 (4) (cg) (title) Methods for peaceful settlement of disputes; transit 19employees and municipal employees in a collective bargaining unit containing a 20frontline worker. 1. ‘Notice of commencement of contract negotiations.’ To advise 21the commission of the commencement of contract negotiations involving a collective 22bargaining unit containing transit employees or a collective bargaining unit 23containing a frontline worker, whenever either party requests the other to reopen
1negotiations under a binding collective bargaining agreement, or the parties 2otherwise commence negotiations if no collective bargaining agreement exists, the 3party requesting negotiations shall immediately notify the commission in writing. 4Upon failure of the requesting party to provide notice, the other party may provide 5notice to the commission. The notice shall specify the expiration date of the existing 6collective bargaining agreement, if any, and shall provide any additional 7information the commission may require on a form provided by the commission. AB50-ASA2-AA6,14,1582. ‘Presentation of initial proposals; open meetings.’ The meetings between 9parties to a collective bargaining agreement or proposed collective bargaining 10agreement under this subchapter that involve a collective bargaining unit 11containing a transit employee or a frontline worker and that are held to present 12initial bargaining proposals, along with supporting rationale, are open to the 13public. Each party shall submit its initial bargaining proposals to the other party 14in writing. Failure to comply with this subdivision does not invalidate a collective 15bargaining agreement under this subchapter. AB50-ASA2-AA6,14,21163. ‘Mediation.’ The commission or its designee shall function as mediator in 17labor disputes involving transit employees or municipal employees in a collective 18bargaining unit containing a frontline worker upon request of one or both of the 19parties, or upon initiation of the commission. The function of the mediator is to 20encourage voluntary settlement by the parties. No mediator has the power of 21compulsion. AB50-ASA2-AA6,15,4224. ‘Grievance arbitration.’ Parties to a dispute pertaining to the meaning or 23application of the terms of a written collective bargaining agreement involving a
1collective bargaining unit containing a transit employee or a frontline worker may 2agree in writing to have the commission or any other appropriate agency serve as 3arbitrator or may designate any other competent, impartial, and disinterested 4person to serve as an arbitrator. AB50-ASA2-AA6,15,1455. ‘Voluntary impasse resolution procedures.’ In addition to the other 6impasse resolution procedures provided in this paragraph, a municipal employer 7that employs a transit employee or a municipal employee in a collective bargaining 8unit containing a frontline worker and a labor organization may at any time, as a 9permissive subject of bargaining, agree in writing to a dispute settlement 10procedure, including binding interest arbitration, which is acceptable to the parties 11for resolving an impasse over terms of any collective bargaining agreement under 12this subchapter. The parties shall file a copy of the agreement with the 13commission. If the parties agree to any form of binding interest arbitration, the 14arbitrator shall give weight to the factors enumerated under subds. 7. and 7g. AB50-ASA2-AA6,3715Section 37. 111.70 (4) (cg) 6. a. of the statutes is amended to read: AB50-ASA2-AA6,16,816111.70 (4) (cg) 6. a. If, in any collective bargaining unit containing transit 17employees or a frontline worker, a dispute has not been settled after a reasonable 18period of negotiation and after mediation by the commission under subd. 3. and 19other settlement procedures, if any, established by the parties have been exhausted, 20and the parties are deadlocked with respect to any dispute between them over 21wages, hours, or conditions of employment to be included in a new collective 22bargaining agreement, either party, or the parties jointly, may petition the 23commission, in writing, to initiate compulsory, final, and binding arbitration, as
1provided in this paragraph. At the time the petition is filed, the petitioning party 2shall submit in writing to the other party and the commission its preliminary final 3offer containing its latest proposals on all issues in dispute. Within 14 calendar 4days after the date of that submission, the other party shall submit in writing its 5preliminary final offer on all disputed issues to the petitioning party and the 6commission. If a petition is filed jointly, both parties shall exchange their 7preliminary final offers in writing and submit copies to the commission when the 8petition is filed. AB50-ASA2-AA6,389Section 38. 111.70 (4) (cg) 7r. d., e. and f. of the statutes are amended to 10read: AB50-ASA2-AA6,16,1411111.70 (4) (cg) 7r. d. Comparison of wages, hours, and conditions of 12employment of the transit municipal employees involved in the arbitration 13proceedings with the wages, hours, and conditions of employment of other 14employees performing similar services. AB50-ASA2-AA6,16,1815e. Comparison of the wages, hours, and conditions of employment of the 16transit municipal employees involved in the arbitration proceedings with the wages, 17hours, and conditions of employment of other employees generally in public 18employment in the same community and in comparable communities. AB50-ASA2-AA6,16,2219f. Comparison of the wages, hours, and conditions of employment of the 20transit municipal employees involved in the arbitration proceedings with the wages, 21hours, and conditions of employment of other employees in private employment in 22the same community and in comparable communities. AB50-ASA2-AA6,3923Section 39. 111.70 (4) (cg) 7r. h. of the statutes is amended to read: AB50-ASA2-AA6,17,5
1111.70 (4) (cg) 7r. h. The overall compensation presently received by the 2transit municipal employees involved in the arbitration proceedings, including 3direct wage compensation, vacation, holidays, and excused time, insurance and 4pensions, medical and hospitalization benefits, the continuity and stability of 5employment, and all other benefits received. AB50-ASA2-AA6,406Section 40. 111.70 (4) (cg) 8m. of the statutes is amended to read: AB50-ASA2-AA6,17,197111.70 (4) (cg) 8m. ‘Term of agreement; reopening of negotiations.’ Except for 8the initial collective bargaining agreement between the parties and except as the 9parties otherwise agree, every collective bargaining agreement covering transit 10employees or a frontline worker shall be for a term of 2 years, but in no case may a 11collective bargaining agreement for any collective bargaining unit consisting of 12transit employees subject to this paragraph be for a term exceeding 3 years. No 13arbitration award involving transit employees or a frontline worker may contain a 14provision for reopening of negotiations during the term of a collective bargaining 15agreement, unless both parties agree to such a provision. The requirement for 16agreement by both parties does not apply to a provision for reopening of 17negotiations with respect to any portion of an agreement that is declared invalid by 18a court or administrative agency or rendered invalid by the enactment of a law or 19promulgation of a federal regulation. AB50-ASA2-AA6,4120Section 41. 111.70 (4) (d) 1. of the statutes is amended to read: AB50-ASA2-AA6,18,1221111.70 (4) (d) 1. A representative chosen for the purposes of collective 22bargaining by a majority of the public safety employees or transit municipal 23employees voting in a collective bargaining unit shall be the exclusive
1representative of all employees in the unit for the purpose of collective bargaining. 2A representative chosen for the purposes of collective bargaining by at least 51 3percent of the general municipal employees in a collective bargaining unit shall be 4the exclusive representative of all employees in the unit for the purpose of collective 5bargaining. Any individual employee, or any minority group of employees in any 6collective bargaining unit, shall have the right to present grievances to the 7municipal employer in person or through representatives of their own choosing, and 8the municipal employer shall confer with the employee in relation thereto, if the 9majority representative has been afforded the opportunity to be present at the 10conferences. Any adjustment resulting from these conferences may not be 11inconsistent with the conditions of employment established by the majority 12representative and the municipal employer. AB50-ASA2-AA6,4213Section 42. 111.70 (4) (d) 2. a. of the statutes is amended to read: AB50-ASA2-AA6,20,614111.70 (4) (d) 2. a. The commission shall determine the appropriate collective 15bargaining unit for the purpose of collective bargaining and shall whenever possible 16avoid fragmentation by maintaining as few collective bargaining units as 17practicable in keeping with the size of the total municipal workforce. The 18commission may decide whether, in a particular case, the municipal employees in 19the same or several departments, divisions, institutions, crafts, professions, or 20other occupational groupings constitute a collective bargaining unit. Before 21making its determination, the commission may provide an opportunity for the 22municipal employees concerned to determine, by secret ballot, whether they desire 23to be established as a separate collective bargaining unit. The commission may not
1decide, however, that any group of municipal employees constitutes an appropriate 2collective bargaining unit if the group includes both professional employees and 3nonprofessional employees, unless a majority of the professional employees vote for 4inclusion in the unit. The commission may not decide that any group of municipal 5employees constitutes an appropriate collective bargaining unit if the group 6includes both school district employees and general municipal employees who are 7not school district employees. The commission may not decide that any group of 8municipal employees constitutes an appropriate collective bargaining unit if the 9group includes both public safety employees and general municipal employees, if 10the group includes both transit employees and general municipal employees, or if 11the group includes both transit employees and public safety employees place public 12safety employees in a collective bargaining unit with employees who are not public 13safety employees or place transit employees in a collective bargaining unit with 14employees who are not transit employees. The commission may place frontline 15workers in a collective bargaining unit with municipal employees who are not 16frontline workers if the commission determines it is appropriate; if the commission 17places in a collective bargaining unit frontline workers and municipal employees 18who are not frontline workers, the collective bargaining unit is treated as if all 19employees in the collective bargaining unit are frontline workers. The commission 20may not decide that any group of municipal employees constitutes an appropriate 21collective bargaining unit if the group includes both craft employees and noncraft 22employees unless a majority of the craft employees vote for inclusion in the unit. 23The commission shall place the professional employees who are assigned to perform
1any services at a charter school, as defined in s. 115.001 (1), in a separate collective 2bargaining unit from a unit that includes any other professional employees 3whenever at least 30 percent of those professional employees request an election to 4be held to determine that issue and a majority of the professional employees at the 5charter school who cast votes in the election decide to be represented in a separate 6collective bargaining unit. AB50-ASA2-AA6,437Section 43. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and 8renumbered 111.70 (4) (d) 3. AB50-ASA2-AA6,4510Section 45. 111.70 (4) (mb) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,20,1411111.70 (4) (mb) Prohibited subjects of bargaining; general municipal 12employees. (intro.) The municipal employer is prohibited from bargaining 13collectively with a collective bargaining unit containing a only general municipal 14employee employees with respect to any of the following: AB50-ASA2-AA6,4615Section 46. 111.70 (4) (mbb) of the statutes is amended to read: AB50-ASA2-AA6,20,2116111.70 (4) (mbb) Consumer price index change. For purposes of determining 17compliance with par. (mb), the commission shall provide, upon request, to a 18municipal employer or to any representative of a collective bargaining unit 19containing a only general municipal employee employees, the consumer price index 20change during any 12-month period. The commission may get the information from 21the department of revenue. AB50-ASA2-AA6,4722Section 47. 111.70 (4) (mc) (intro.), 6., 7. and 8. of the statutes are amended 23to read: AB50-ASA2-AA6,21,5
1111.70 (4) (mc) Prohibited subjects of bargaining; public safety employees, 2transit employees, and frontline workers. (intro.) The municipal employer is 3prohibited from bargaining collectively with a collective bargaining unit containing 4a public safety employee, transit employee, or frontline worker with respect to any of 5the following: AB50-ASA2-AA6,21,1366. Except for whether or not to provide health care coverage and the employee 7premium contribution, all costs and payments associated with health care coverage 8plans and the design and selection of health care coverage plans by the municipal 9employer for public safety employees, and the impact of such costs and payments 10and the design and selection of the health care coverage plans on the wages, hours, 11and conditions of employment of the public safety employee. For purposes of this 12subdivision, “design” does not include the decision as to who is covered by a health 13care coverage plan selected by the municipal employer. AB50-ASA2-AA6,21,23147. In any bargaining unit composed of public safety employees, in a 15municipality with a retirement system established under chapter 396, laws of 1937, 16any terms of such a retirement system, including, but not limited to, the 17contribution rates, pension benefit calculation, or factors used to calculate a 18pension benefit under the system, with any bargaining unit composed of public 19safety employees. For such a retirement system, the terms of the system, including, 20but not limited to, the contribution rates, pension benefit calculation, or factors 21used to calculate a pension benefit under the system for employees who are part of 22a bargaining unit composed of public safety employees, shall be the same as those in 23effect on December 30, 2022. AB50-ASA2-AA6,22,7248. In any bargaining unit composed of public safety employees or employees
1treated as public safety employees under par. (bn), in a municipality with a 2retirement system established under chapter 201, laws of 1937, any terms of such a 3retirement system, including, but not limited to, the costs, payments, contribution 4rates, pension benefit calculation, or design, including all impacts or effects that 5any changes made to the retirement system might have upon the wages, hours, or 6conditions of employment, with any bargaining unit composed of public safety 7employees or any employees treated as public safety employees under par. (bn). AB50-ASA2-AA6,488Section 48. 111.70 (7m) (c) 1. a. of the statutes is amended to read: AB50-ASA2-AA6,22,169111.70 (7m) (c) 1. a. Any labor organization that represents public safety 10employees or, transit employees, or a frontline worker which violates sub. (4) (L) 11may not collect any dues under a collective bargaining agreement or under a fair-12share agreement from any employee covered by either agreement for a period of one 13year. At the end of the period of suspension, any such agreement shall be reinstated 14unless the labor organization is no longer authorized to represent the public safety 15employees or transit municipal employees covered by the collective bargaining 16agreement or fair-share agreement or the agreement is no longer in effect. AB50-ASA2-AA6,4917Section 49. 111.81 (1) of the statutes is renumbered 111.81 (1s) and 18amended to read: AB50-ASA2-AA6,23,719111.81 (1s) “Collective bargaining” means the performance of the mutual 20obligation of the state as an employer, by its officers and agents, and the 21representatives of its employees, to meet and confer at reasonable times, in good 22faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with 23respect to for public safety employees, with respect to the subjects of bargaining 24provided in s. 111.91 (1w) for employees in a collective bargaining unit containing a
1frontline worker, and with respect to the subjects of bargaining provided in s. 2111.91 (3), with respect to for general employees who are in a collective bargaining 3unit that does not contain a frontline worker, with the intention of reaching an 4agreement, or to resolve questions arising under such an agreement. The duty to 5bargain, however, does not compel either party to agree to a proposal or require the 6making of a concession. Collective bargaining includes the reduction of any 7agreement reached to a written and signed document. AB50-ASA2-AA6,23,129111.81 (1b) “Academic staff” has the meaning given in s. 36.05 (1) but does 10not include academic staff under s. 36.15 (1) (a) that are supervisors, management 11employees, and individuals who are privy to confidential matters affecting the 12employer-employee relationship. AB50-ASA2-AA6,23,1514111.81 (1d) “Authority” means a body created under subch. II of ch. 114 or ch. 15231, 232, 233, 234, 237, 238, or 279. AB50-ASA2-AA6,5216Section 52. 111.81 (7) (ag) of the statutes is created to read: AB50-ASA2-AA6,23,1717111.81 (7) (ag) An employee of an authority. AB50-ASA2-AA6,5318Section 53. 111.81 (7) (ar) of the statutes is amended to read: AB50-ASA2-AA6,23,2119111.81 (7) (ar) Any employee who is employed by the University of Wisconsin 20System, except an employee who is assigned to the University of Wisconsin-21Madison, and except including faculty, and except academic staff under s. 36.15. AB50-ASA2-AA6,5422Section 54. 111.81 (7) (at) of the statutes is amended to read: AB50-ASA2-AA6,24,223111.81 (7) (at) Any employee who is employed by the University of Wisconsin
1System and assigned to the University of Wisconsin-Madison except including 2faculty and except academic staff under s. 36.15. AB50-ASA2-AA6,24,54111.81 (8) “Employer” means the state of Wisconsin and includes an 5authority. AB50-ASA2-AA6,24,97111.81 (8p) “Faculty” has the meaning given in s. 36.05 (8) and includes 8faculty who are supervisors or management employees but excludes faculty holding 9a limited appointment under s. 36.17 and deans. AB50-ASA2-AA6,24,1711111.81 (9) “Fair-share agreement” means an agreement between the 12employer and a labor organization representing public safety employees or a 13frontline worker under which all of the public safety employees in the collective 14bargaining unit or all of the employees in a collective bargaining unit containing a 15frontline worker are required to pay their proportionate share of the cost of the 16collective bargaining process and contract administration measured by the amount 17of dues uniformly required of all members. AB50-ASA2-AA6,24,2019111.81 (9b) “Frontline worker” means an employee who is determined to be a 20frontline worker under s. 111.817. AB50-ASA2-AA6,24,2322111.81 (9g) “General employee” means an employee who is not a public safety 23employee or a frontline worker. AB50-ASA2-AA6,6024Section 60. 111.81 (12) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,25,5
1111.81 (12) (intro.) “Labor organization” means any employee organization 2whose purpose is to represent employees in collective bargaining with the employer, 3or its agents, on matters that are subject to collective bargaining under s. 111.91 (1), 4(1w), or (3), whichever is applicable; but the term shall not include any 5organization: AB50-ASA2-AA6,25,157111.81 (12m) “Maintenance of membership agreement” means an agreement 8between the employer and a labor organization representing public safety 9employees or a frontline worker which requires that all of the public safety 10employees or employees who are in a collective bargaining unit containing a 11frontline worker whose dues are being deducted from earnings under s. 20.921 (1) 12or 111.84 (1) (f) at the time the agreement takes effect shall continue to have dues 13deducted for the duration of the agreement, and that dues shall be deducted from 14the earnings of all public safety such employees who are hired on or after the 15effective date of the agreement. AB50-ASA2-AA6,26,217111.81 (15m) “Program assistant” or “project assistant” means a graduate 18student enrolled in the University of Wisconsin System who is assigned to conduct 19research, training, administrative responsibilities or other academic or academic 20support projects or programs, except regular preparation of instructional materials 21for courses or manual or clerical assignments, under the supervision of a member of 22the faculty or academic staff, as defined in s. 36.05 (1) or (8), primarily for the 23benefit of the university, faculty or academic staff supervisor or a granting agency. 24“Project assistant” or “program assistant” does not include a graduate student who
1does work which is primarily for the benefit of the student’s own learning and 2research and which is independent or self-directed. AB50-ASA2-AA6,26,94111.81 (16) “Referendum” means a proceeding conducted by the commission 5in which public safety employees in a collective bargaining unit or all employees in 6a collective bargaining unit containing a frontline worker may cast a secret ballot on 7the question of directing the labor organization and the employer to enter into a 8fair-share or maintenance of membership agreement or to terminate such an 9agreement. AB50-ASA2-AA6,27,811111.815 (1) In the furtherance of this subchapter, the state shall be 12considered as a single employer and employment relations policies and practices 13throughout the state service shall be as consistent as practicable. The division 14shall negotiate and administer collective bargaining agreements. To coordinate the 15employer position in the negotiation of agreements, the division shall maintain 16close liaison with the legislature relative to the negotiation of agreements and the 17fiscal ramifications of those agreements. Except with respect to the collective 18bargaining units specified in s. 111.825 (1r) and (1t), the division is responsible for 19the employer functions of the executive branch under this subchapter, and shall 20coordinate its collective bargaining activities with operating state agencies on 21matters of agency concern and with operating authorities on matters of authority 22concern. The legislative branch shall act upon those portions of tentative 23agreements negotiated by the division that require legislative action. With respect
1to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of 2the University of Wisconsin System is responsible for the employer functions under 3this subchapter. With respect to the collective bargaining units specified in s. 4111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible 5for the employer functions under this subchapter. With respect to the collective 6bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter 7school established by contract under s. 118.40 (2r) (cm), 2013 stats., is responsible 8for the employer functions under this subchapter. AB50-ASA2-AA6,27,1510111.817 Duty of commission; determination of frontline workers. The 11commission shall determine that an employee is a frontline worker if the 12commission finds that the employee has regular job duties that include interacting 13with members of the public or with large populations of people or that directly 14involve the maintenance of public works. The commission may not determine that 15a public safety employee is a frontline worker. AB50-ASA2-AA6,6616Section 66. 111.82 of the statutes is renumbered 111.82 (1) and amended to 17read: AB50-ASA2-AA6,28,318111.82 (1) Employees have the right of self-organization and the right to form, 19join, or assist labor organizations, to bargain collectively through representatives of 20their own choosing under this subchapter, and to engage in lawful, concerted 21activities for the purpose of collective bargaining or other mutual aid or protection. 22Employees also have the right to refrain from any or all of such activities. A general 23employee may not be covered by a fair-share agreement unless the general employee
1is in a collective bargaining unit containing a frontline worker. Unless the general 2employee is covered by a fair-share agreement, a general employee has the right to 3refrain from paying dues while remaining a member of a collective bargaining unit. AB50-ASA2-AA6,28,115111.82 (2) General employees who are not in a collective bargaining unit 6containing a frontline worker have the right to have their employer consult with 7them, through a representative of their own choosing, with no intention of reaching 8an agreement, with respect to wages, hours, and conditions of employment. The 9right may be exercised either when the employer proposes or implements policy 10changes affecting wages, hours, or conditions of employment or, if no policy changes 11are proposed or implemented, at least quarterly. AB50-ASA2-AA6,6812Section 68. 111.825 (1) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,28,1813111.825 (1) (intro.) It is the legislative intent that in order to foster 14meaningful collective bargaining, units must be structured in such a way as to avoid 15excessive fragmentation whenever possible. In accordance with this policy, 16collective bargaining units for employees in the classified service of the state and for 17employees of authorities are structured on a statewide basis with one collective 18bargaining unit for each of the following occupational groups: AB50-ASA2-AA6,6919Section 69. 111.825 (1r) (am) and (ar) of the statutes are created to read: AB50-ASA2-AA6,28,2020111.825 (1r) (am) Faculty. AB50-ASA2-AA6,28,2121(ar) Academic staff. AB50-ASA2-AA6,7022Section 70. 111.825 (1t) (am) and (ar) of the statutes are created to read: AB50-ASA2-AA6,28,2323111.825 (1t) (am) Faculty. AB50-ASA2-AA6,28,2424(ar) Academic staff. AB50-ASA2-AA6,29,92111.825 (3) The commission shall assign employees to the appropriate 3collective bargaining units set forth in subs. (1), (1r), (1t), and (2). The commission 4may place frontline workers in a collective bargaining unit with employees who are 5not frontline workers if the commission determines it is appropriate; if the 6commission places in a collective bargaining unit frontline workers and employees 7who are not frontline workers, the collective bargaining unit is treated as if all 8employees in the collective bargaining unit are frontline workers and may bargain 9as provided in s. 111.91 (1w). AB50-ASA2-AA6,30,211111.825 (5) Although supervisors are not considered employees for purposes 12of this subchapter, the commission may consider a petition for a statewide collective 13bargaining unit of professional supervisors or a statewide unit of nonprofessional 14supervisors in the classified service, but the representative of supervisors may not 15be affiliated with any labor organization representing employees. For purposes of 16this subsection, affiliation does not include membership in a national, state, county 17or municipal federation of national or international labor organizations. The 18certified representative of supervisors who are not public safety employees or 19frontline workers may not bargain collectively with respect to any matter other than 20wages as provided in s. 111.91 (3), and the certified representative of supervisors 21who are public safety employees may not bargain collectively with respect to any 22matter other than wages and fringe benefits as provided in s. 111.91 (1), and the
1certified representative of supervisors who are frontline workers may bargain as 2provided in s. 111.91 (1w).
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