AB50: Bill Text

AB50,1834 Section 1834. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and renumbered 111.70 (4) (d) 3.

AB50,1835 Section 1835. 111.70 (4) (d) 3. b. of the statutes is repealed.

AB50,1836 Section 1836. 111.70 (4) (mb) (intro.) of the statutes is amended to read:

AB50,966,15 111.70 (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:

AB50,1837 Section 1837. 111.70 (4) (mbb) of the statutes is amended to read:

AB50,966,22 111.70 (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.

AB50,1838 Section 1838. 111.70 (4) (mc) (intro.), 6., 7. and 8. of the statutes are amended to read:

AB50,967,7 111.70 (4) (mc) Prohibited subjects of bargaining; public safety employees, transit employees, and frontline workers. (intro.) The municipal employer is prohibited from bargaining collectively with a collective bargaining unit containing a public safety employee, transit employee, or frontline worker with respect to any of the following:

AB50,967,15 6. Except for whether or not to provide health care coverage and the employee premium contribution, all costs and payments associated with health care coverage plans and the design and selection of health care coverage plans by the municipal employer for public safety employees, and the impact of such costs and payments and the design and selection of the health care coverage plans on the wages, hours, and conditions of employment of the public safety employee. For purposes of this subdivision, “design” does not include the decision as to who is covered by a health care coverage plan selected by the municipal employer.

AB50,968,2 7. In any bargaining unit composed of public safety employees, in a municipality with a retirement system established under chapter 396, laws of 1937, any terms of such a retirement system, including, but not limited to, the contribution rates, pension benefit calculation, or factors used to calculate a pension benefit under the system, with any bargaining unit composed of public safety employees. For such a retirement system, the terms of the system, including, but not limited to, the contribution rates, pension benefit calculation, or factors used to calculate a pension benefit under the system for employees who are part of a bargaining unit composed of public safety employees, shall be the same as those in effect on December 30, 2022.

AB50,968,10 8. In any bargaining unit composed of public safety employees or employees treated as public safety employees under par. (bn), in a municipality with a retirement system established under chapter 201, laws of 1937, any terms of such a retirement system, including, but not limited to, the costs, payments, contribution rates, pension benefit calculation, or design, including all impacts or effects that any changes made to the retirement system might have upon the wages, hours, or conditions of employment, with any bargaining unit composed of public safety employees or any employees treated as public safety employees under par. (bn).

AB50,1839 Section 1839. 111.70 (7m) (c) 1. a. of the statutes is amended to read:

AB50,968,19 111.70 (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.

AB50,1840 Section 1840. 111.81 (1) of the statutes is renumbered 111.81 (1s) and amended to read:

AB50,969,10 111.81 (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.

AB50,1841 Section 1841. 111.81 (1b) of the statutes is created to read:

AB50,969,15 111.81 (1b) “Academic staff” has the meaning given in s. 36.05 (1) but does not include academic staff under s. 36.15 (1) (a) that are supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.

AB50,1842 Section 1842. 111.81 (1d) of the statutes is created to read:

AB50,969,18 111.81 (1d) “Authority” means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 237, 238, or 279.

AB50,1843 Section 1843. 111.81 (7) (ag) of the statutes is created to read:

AB50,969,20 111.81 (7) (ag) An employee of an authority.

AB50,1844 Section 1844. 111.81 (7) (ar) of the statutes is amended to read:

AB50,969,24 111.81 (7) (ar) Any employee who is employed by the University of Wisconsin System, except an employee who is assigned to the University of Wisconsin- Madison, and except including faculty, and except academic staff under s. 36.15.

AB50,1845 Section 1845. 111.81 (7) (at) of the statutes is amended to read:

AB50,970,4 111.81 (7) (at) Any employee who is employed by the University of Wisconsin System and assigned to the University of Wisconsin-Madison except including faculty and except academic staff under s. 36.15.

AB50,1846 Section 1846. 111.81 (8) of the statutes is amended to read:

AB50,970,7 111.81 (8) “Employer” means the state of Wisconsin and includes an authority.

AB50,1847 Section 1847. 111.81 (8p) of the statutes is created to read:

AB50,970,11 111.81 (8p) “Faculty” has the meaning given in s. 36.05 (8) and includes faculty who are supervisors or management employees but excludes faculty holding a limited appointment under s. 36.17 and deans.

AB50,1848 Section 1848. 111.81 (9) of the statutes is amended to read:

AB50,970,19 111.81 (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.

AB50,1849 Section 1849. 111.81 (9b) of the statutes is created to read:

AB50,970,22 111.81 (9b) “Frontline worker” means an employee who is determined to be a frontline worker under s. 111.817.

AB50,1850 Section 1850. 111.81 (9g) of the statutes is amended to read:

AB50,971,2 111.81 (9g) “General employee” means an employee who is not a public safety employee or a frontline worker.

AB50,1851 Section 1851. 111.81 (12) (intro.) of the statutes is amended to read:

AB50,971,8 111.81 (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:

AB50,1852 Section 1852. 111.81 (12) (b) of the statutes is amended to read:

AB50,971,13 111.81 (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.

AB50,1853 Section 1853. 111.81 (12m) of the statutes is amended to read:

AB50,971,23 111.81 (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.

AB50,1854 Section 1854. 111.81 (15m) of the statutes is amended to read:

AB50,972,11 111.81 (15m) “Program assistant” or “project assistant” means a graduate student enrolled in the University of Wisconsin System who is assigned to conduct research, training, administrative responsibilities or other academic or academic support projects or programs, except regular preparation of instructional materials for courses or manual or clerical assignments, under the supervision of a member of the faculty or academic staff, as defined in s. 36.05 (1) or (8), primarily for the benefit of the university, faculty or academic staff supervisor or a granting agency. “Project assistant” or “program assistant” does not include a graduate student who does work which is primarily for the benefit of the student’s own learning and research and which is independent or self-directed.

AB50,1855 Section 1855. 111.81 (16) of the statutes is amended to read:

AB50,972,18 111.81 (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.

AB50,1856 Section 1856. 111.815 (1) of the statutes is amended to read:

AB50,973,16 111.815 (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.

AB50,1857 Section 1857. 111.817 of the statutes is created to read:

AB50,973,23 111.817 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.

AB50,1858 Section 1858. 111.82 of the statutes is renumbered 111.82 (1) and amended to read:

AB50,974,11 111.82 (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.

AB50,1859 Section 1859. 111.82 (2) of the statutes is created to read:

AB50,974,19 111.82 (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.

AB50,1860 Section 1860. 111.825 (1) (intro.) of the statutes is amended to read:

AB50,975,3 111.825 (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:

AB50,1861 Section 1861. 111.825 (1r) (am) and (ar) of the statutes are created to read:

AB50,975,5 111.825 (1r) (am) Faculty.

AB50,975,6 (ar) Academic staff.

AB50,1862 Section 1862. 111.825 (1t) (am) and (ar) of the statutes are created to read:

AB50,975,8 111.825 (1t) (am) Faculty.

AB50,975,9 (ar) Academic staff.

AB50,1863 Section 1863. 111.825 (3) of the statutes is amended to read:

AB50,975,18 111.825 (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).

AB50,1864 Section 1864. 111.825 (5) of the statutes is amended to read:

AB50,976,9 111.825 (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).

AB50,1865 Section 1865. 111.83 (1) of the statutes is amended to read:

AB50,977,2 111.83 (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.

AB50,1866 Section 1866. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).

AB50,1867 Section 1867. 111.83 (3) (b) of the statutes is repealed.

AB50,1868 Section 1868. 111.83 (4) of the statutes is amended to read:

AB50,977,14 111.83 (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.

AB50,1869 Section 1869. 111.84 (1) (d) of the statutes is amended to read:

AB50,978,2 111.84 (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.

AB50,1870 Section 1870. 111.84 (1) (f) of the statutes is amended to read:

AB50,978,12 111.84 (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.

AB50,1871 Section 1871. 111.84 (2) (c) of the statutes is amended to read:

AB50,978,22 111.84 (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.

AB50,1872 Section 1872. 111.85 (1) of the statutes is amended to read:

AB50,979,10 111.85 (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.

AB50,979,21 (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.

AB50,980,13 (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.

AB50,980,20 (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.

AB50,1873 Section 1873. 111.85 (2) of the statutes is amended to read:

AB50,981,15 111.85 (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.

AB50,982,2 (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.

AB50,1874 Section 1874. 111.85 (4) of the statutes is amended to read:

AB50,982,7 111.85 (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.

AB50,1875 Section 1875. 111.86 (2) of the statutes is amended to read:

AB50,982,16 111.86 (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).