AB68-SSA1,1883
9Section
1883. 111.70 (4) (bm) 2. of the statutes is created to read:
AB68-SSA1,900,1510
111.70
(4) (bm) 2. The commission shall determine that a municipal employee
11is a frontline worker if the commission finds that the municipal employee has regular
12job 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.
AB68-SSA1,1884
16Section
1884. 111.70 (4) (cg) (title), 1., 2., 3., 4. and 5. of the statutes are
17amended to read:
AB68-SSA1,901,518
111.70
(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 the
21commission 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
24negotiations under a binding collective bargaining agreement, or the parties
25otherwise commence negotiations if no collective bargaining agreement exists, the
1party requesting negotiations shall immediately notify the commission in writing.
2Upon failure of the requesting party to provide notice, the other party may provide
3notice to the commission. The notice shall specify the expiration date of the existing
4collective bargaining agreement, if any, and shall provide any additional information
5the commission may require on a form provided by the commission.
AB68-SSA1,901,136
2. `Presentation of initial proposals; open meetings.' The meetings between
7parties to a collective bargaining agreement or proposed collective bargaining
8agreement under this subchapter that involve a collective bargaining unit
9containing a transit employee
or a frontline worker and that are held to present
10initial bargaining proposals, along with supporting rationale, are open to the public.
11Each party shall submit its initial bargaining proposals to the other party in writing.
12Failure to comply with this subdivision does not invalidate a collective bargaining
13agreement under this subchapter.
AB68-SSA1,901,1914
3. `Mediation.' The commission or its designee shall function as mediator in
15labor disputes involving transit employees
or municipal employees in a collective
16bargaining unit containing a frontline worker upon request of one or both of the
17parties, or upon initiation of the commission. The function of the mediator is to
18encourage voluntary settlement by the parties. No mediator has the power of
19compulsion.
AB68-SSA1,901,2520
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
21application of the terms of a written collective bargaining agreement involving a
22collective bargaining unit containing a transit employee
or a frontline worker may
23agree in writing to have the commission or any other appropriate agency serve as
24arbitrator or may designate any other competent, impartial, and disinterested
25person to serve as an arbitrator.
AB68-SSA1,902,10
15. `Voluntary impasse resolution procedures.' In addition to the other impasse
2resolution procedures provided in this paragraph, a municipal employer that
3employs a transit employee
or a municipal employee in a collective bargaining unit
4containing a frontline worker and
a labor organization may at any time, as a
5permissive subject of bargaining, agree in writing to a dispute settlement procedure,
6including binding interest arbitration, which is acceptable to the parties for
7resolving an impasse over terms of any collective bargaining agreement under this
8subchapter. The parties shall file a copy of the agreement with the commission. If
9the parties agree to any form of binding interest arbitration, the arbitrator shall give
10weight to the factors enumerated under subds. 7. and 7g.
AB68-SSA1,1885
11Section
1885. 111.70 (4) (cg) 6. a. of the statutes is amended to read:
AB68-SSA1,903,212
111.70
(4) (cg) 6. a. If
, in any collective bargaining unit containing transit
13employees
or a frontline worker, a dispute has not been settled after a reasonable
14period of negotiation and after mediation by the commission under subd. 3. and other
15settlement procedures, if any, established by the parties have been exhausted, and
16the parties are deadlocked with respect to any dispute between them over wages,
17hours, or conditions of employment to be included in a new collective bargaining
18agreement, either party, or the parties jointly, may petition the commission, in
19writing, to initiate compulsory, final, and binding arbitration, as provided in this
20paragraph. At the time the petition is filed, the petitioning party shall submit in
21writing to the other party and the commission its preliminary final offer containing
22its latest proposals on all issues in dispute. Within 14 calendar days after the date
23of that submission, the other party shall submit in writing its preliminary final offer
24on all disputed issues to the petitioning party and the commission. If a petition is
1filed jointly, both parties shall exchange their preliminary final offers in writing and
2submit copies to the commission when the petition is filed.
AB68-SSA1,1886
3Section
1886. 111.70 (4) (cg) 7r. d., e. and f. of the statutes are amended to read:
AB68-SSA1,903,74
111.70
(4) (cg) 7r. d. Comparison of wages, hours
, and conditions of employment
5of the
transit municipal employees involved in the arbitration proceedings with the
6wages, hours, and conditions of employment of other employees performing similar
7services.
AB68-SSA1,903,118
e. Comparison of the wages, hours
, and conditions of employment of the
transit 9municipal employees involved in the arbitration proceedings with the wages, hours,
10and conditions of employment of other employees generally in public employment in
11the same community and in comparable communities.
AB68-SSA1,903,1512
f. Comparison of the wages, hours
, and conditions of employment of the
transit 13municipal employees involved in the arbitration proceedings with the wages, hours,
14and conditions of employment of other employees in private employment in the same
15community and in comparable communities.
AB68-SSA1,1887
16Section
1887. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:
AB68-SSA1,903,2117
111.70
(4) (cg) 7r. h. The overall compensation presently received by the
transit 18municipal employees
involved in the arbitration proceedings, including direct wage
19compensation, vacation, holidays, and excused time, insurance and pensions,
20medical and hospitalization benefits, the continuity and stability of employment,
21and all other benefits received.
AB68-SSA1,1888
22Section
1888. 111.70 (4) (cg) 8m. of the statutes is amended to read:
AB68-SSA1,904,1023
111.70
(4) (cg) 8m. `Term of agreement; reopening of negotiations.' Except for
24the initial collective bargaining agreement between the parties and except as the
25parties otherwise agree, every collective bargaining agreement covering transit
1employees
or a frontline worker shall be for a term of 2 years, but in no case may a
2collective bargaining agreement for any collective bargaining unit
consisting of
3transit employees subject to this paragraph be for a term exceeding 3 years. No
4arbitration award involving transit employees
or a frontline worker may contain a
5provision for reopening of negotiations during the term of a collective bargaining
6agreement, unless both parties agree to such a provision. The requirement for
7agreement by both parties does not apply to a provision for reopening of negotiations
8with respect to any portion of an agreement that is declared invalid by a court or
9administrative agency or rendered invalid by the enactment of a law or promulgation
10of a federal regulation.
AB68-SSA1,1889
11Section
1889. 111.70 (4) (d) 1. of the statutes is amended to read:
AB68-SSA1,905,212
111.70
(4) (d) 1. A representative chosen for the purposes of collective
13bargaining by a majority of the
public safety employees or transit municipal 14employees voting in a collective bargaining unit shall be the exclusive representative
15of all employees in the unit for the purpose of collective bargaining.
A representative
16chosen for the purposes of collective bargaining by at least 51 percent of the general
17municipal employees in a collective bargaining unit shall be the exclusive
18representative of all employees in the unit for the purpose of collective bargaining. 19Any individual employee, or any minority group of employees in any collective
20bargaining unit, shall have the right to present grievances to the municipal employer
21in person or through representatives of their own choosing, and the municipal
22employer shall confer with the employee in relation thereto, if the majority
23representative has been afforded the opportunity to be present at the conferences.
24Any adjustment resulting from these conferences may not be inconsistent with the
1conditions of employment established by the majority representative and the
2municipal employer.
AB68-SSA1,1890
3Section
1890. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB68-SSA1,906,164
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
5bargaining unit for the purpose of collective bargaining and shall whenever possible
6avoid fragmentation by maintaining as few collective bargaining units as practicable
7in keeping with the size of the total municipal workforce. The commission may
8decide whether, in a particular case, the municipal employees in the same or several
9departments, divisions, institutions, crafts, professions, or other occupational
10groupings constitute a collective bargaining unit. Before making its determination,
11the commission may provide an opportunity for the municipal employees concerned
12to determine, by secret ballot, whether they desire to be established as a separate
13collective bargaining unit. The commission may not decide, however, that any group
14of municipal employees constitutes an appropriate collective bargaining unit if the
15group includes both professional employees and nonprofessional employees, unless
16a majority of the professional employees vote for inclusion in the unit. The
17commission may not decide that any group of municipal employees constitutes an
18appropriate collective bargaining unit if the group includes both school district
19employees and general municipal employees who are not school district employees.
20The commission may not
decide that any group of municipal employees constitutes
21an appropriate collective bargaining unit if the group includes both public safety
22employees and general municipal employees, if the group includes both transit
23employees and general municipal employees, or if the group includes both transit
24employees and public safety employees place public safety employees in a collective
25bargaining unit with employees who are not public safety employees or place transit
1employees in a collective bargaining unit with employees who are not transit
2employees. The commission may place frontline workers in a collective bargaining
3unit with municipal employees who are not frontline workers if the commission
4determines it is appropriate; if the commission places in a collective bargaining unit
5frontline workers and municipal employees who are not frontline workers, the
6collective bargaining unit is treated as if all employees in the collective bargaining
7unit are frontline workers. The commission may not decide that any group of
8municipal employees constitutes an appropriate collective bargaining unit if the
9group includes both craft employees and noncraft employees unless a majority of the
10craft employees vote for inclusion in the unit. The commission shall place the
11professional employees who are assigned to perform any services at a charter school,
12as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
13includes any other professional employees whenever at least 30 percent of those
14professional employees request an election to be held to determine that issue and a
15majority of the professional employees at the charter school who cast votes in the
16election decide to be represented in a separate collective bargaining unit.
AB68-SSA1,1891
17Section
1891. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
18renumbered 111.70 (4) (d) 3.
AB68-SSA1,1892
19Section
1892. 111.70 (4) (d) 3. b. of the statutes is repealed.
AB68-SSA1,1893
20Section
1893. 111.70 (4) (mb) (intro.) of the statutes is amended to read:
AB68-SSA1,906,2421
111.70
(4) (mb)
Prohibited subjects of bargaining; general municipal employees. 22(intro.) The municipal employer is prohibited from bargaining collectively with a
23collective bargaining unit containing
a only general municipal
employee employees 24with respect to any of the following:
AB68-SSA1,1894
25Section
1894. 111.70 (4) (mbb) of the statutes is amended to read:
AB68-SSA1,907,6
1111.70
(4) (mbb)
Consumer price index change. For purposes of determining
2compliance with par. (mb), the commission shall provide, upon request, to a
3municipal employer or to any representative of a collective bargaining unit
4containing
a only general municipal
employee employees, the consumer price index
5change during any 12-month period. The commission may get the information from
6the department of revenue.
AB68-SSA1,1895
7Section
1895. 111.70 (4) (p) of the statutes is amended to read:
AB68-SSA1,907,178
111.70
(4) (p)
Permissive subjects of collective bargaining; public safety and
9employees, transit employees, and municipal employees in a collective bargaining
10unit containing a frontline worker. A municipal employer is not required to bargain
11with public safety employees
or, transit employees
, or municipal employees in a
12collective bargaining unit containing a frontline worker on subjects reserved to
13management and direction of the governmental unit except insofar as the manner
14of exercise of such functions affects the wages, hours, and conditions of employment
15of the public safety employees
or in a collective bargaining unit, of the transit
16employees in a collective bargaining unit
, or of the municipal employees in the
17collective bargaining unit containing a frontline worker, whichever is appropriate.
AB68-SSA1,1896
18Section
1896. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
AB68-SSA1,908,219
111.70
(7m) (c) 1. a. Any labor organization that represents public safety
20employees
or, transit employees
, or a frontline worker which violates sub. (4) (L) may
21not collect any dues under a collective bargaining agreement or under a fair-share
22agreement from any employee covered by either agreement for a period of one year.
23At the end of the period of suspension, any such agreement shall be reinstated unless
24the labor organization is no longer authorized to represent the
public safety
1employees or transit municipal employees covered by the collective bargaining
2agreement or fair-share agreement or the agreement is no longer in effect.
AB68-SSA1,1897
3Section
1897. 111.81 (1) of the statutes is renumbered 111.81 (1s) and
4amended to read:
AB68-SSA1,908,175
111.81
(1s) “Collective bargaining" means the performance of the mutual
6obligation of the state as an employer, by its officers and agents, and the
7representatives of its employees, to meet and confer at reasonable times, in good
8faith, with respect to the subjects of bargaining provided in s. 111.91 (1)
, with respect
9to for public safety employees,
with respect to the subjects of bargaining provided in
10s. 111.91 (1w) for employees in a collective bargaining unit containing a frontline
11worker, and
with respect to the subjects of bargaining provided in s. 111.91 (3)
, with
12respect to for general employees
who are in a collective bargaining unit that does not
13contain a frontline worker, with the intention of reaching an agreement, or to resolve
14questions arising under such an agreement. The duty to bargain, however, does not
15compel either party to agree to a proposal or require the making of a concession.
16Collective bargaining includes the reduction of any agreement reached to a written
17and signed document.
AB68-SSA1,1898
18Section
1898. 111.81 (1d) of the statutes is created to read:
AB68-SSA1,908,2019
111.81
(1d) “Authority” means a body created under subch. II of ch. 114 or ch.
20231, 232, 233, 234, 237, 238, or 279.
AB68-SSA1,1899
21Section
1899. 111.81 (7) (ag) of the statutes is created to read:
AB68-SSA1,908,2222
111.81
(7) (ag) An employee of an authority.
AB68-SSA1,1900
23Section
1900. 111.81 (8) of the statutes is amended to read:
AB68-SSA1,908,2424
111.81
(8) “Employer" means the state of Wisconsin
and includes an authority.
AB68-SSA1,1901
25Section
1901. 111.81 (9) of the statutes is amended to read:
AB68-SSA1,909,7
1111.81
(9) “Fair-share agreement" means an agreement between the employer
2and a labor organization representing public safety employees
or a frontline worker 3under which all of the public safety employees
in the collective bargaining unit or all
4of the employees in a collective bargaining unit
containing a frontline worker are
5required to pay their proportionate share of the cost of the collective bargaining
6process and contract administration measured by the amount of dues uniformly
7required of all members.
AB68-SSA1,1902
8Section
1902. 111.81 (9b) of the statutes is created to read:
AB68-SSA1,909,109
111.81
(9b) “Frontline worker” means an employee who is determined to be a
10frontline worker under s. 111.817.
AB68-SSA1,1903
11Section
1903. 111.81 (9g) of the statutes is amended to read:
AB68-SSA1,909,1312
111.81
(9g) “General employee" means an employee who is not a public safety
13employee
or a frontline worker.
AB68-SSA1,1904
14Section
1904. 111.81 (12) (intro.) of the statutes is amended to read:
AB68-SSA1,909,1815
111.81
(12) (intro.) “Labor organization" means any employee organization
16whose purpose is to represent employees in collective bargaining with the employer,
17or its agents, on matters that are subject to collective bargaining under s. 111.91 (1)
,
18(1w), or (3), whichever is applicable; but the term shall not include any organization:
AB68-SSA1,1905
19Section
1905. 111.81 (12) (b) of the statutes is amended to read:
AB68-SSA1,909,2320
111.81
(12) (b) Which discriminates with regard to the terms or conditions of
21membership because of race, color, creed, sex, age, sexual orientation
, gender
22expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), 23or national origin.
AB68-SSA1,1906
24Section
1906. 111.81 (12m) of the statutes is amended to read:
AB68-SSA1,910,9
1111.81
(12m) “Maintenance of membership agreement" means an agreement
2between the employer and a labor organization representing public safety employees
3or a frontline worker which requires that all of the public safety employees
or
4employees who are in a collective bargaining unit containing a frontline worker 5whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) at
6the time the agreement takes effect shall continue to have dues deducted for the
7duration of the agreement, and that dues shall be deducted from the earnings of all
8public safety such employees who are hired on or after the effective date of the
9agreement.
AB68-SSA1,1907
10Section
1907. 111.81 (16) of the statutes is amended to read:
AB68-SSA1,910,1611
111.81
(16) “Referendum" means a proceeding conducted by the commission in
12which public safety employees in a collective bargaining unit
or all employees in a
13collective bargaining unit containing a frontline worker may cast a secret ballot on
14the question of directing the labor organization and the employer to enter into a
15fair-share or maintenance of membership agreement or to terminate such an
16agreement.
AB68-SSA1,1908
17Section
1908. 111.815 (1) of the statutes is amended to read:
AB68-SSA1,911,1318
111.815
(1) In the furtherance of this subchapter, the state shall be considered
19as a single employer and employment relations policies and practices throughout the
20state service shall be as consistent as practicable. The division shall negotiate and
21administer collective bargaining agreements. To coordinate the employer position
22in the negotiation of agreements, the division shall maintain close liaison with the
23legislature relative to the negotiation of agreements and the fiscal ramifications of
24those agreements. Except with respect to the collective bargaining units specified
25in s. 111.825 (1r) and (1t), the division is responsible for the employer functions of the
1executive branch under this subchapter, and shall coordinate its collective
2bargaining activities with operating state agencies on matters of agency concern
and
3with operating authorities on matters of authority concern. The legislative branch
4shall act upon those portions of tentative agreements negotiated by the division that
5require legislative action. With respect to the collective bargaining units specified
6in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is
7responsible for the employer functions under this subchapter. With respect to the
8collective bargaining units specified in s. 111.825 (1t), the chancellor of the
9University of Wisconsin-Madison is responsible for the employer functions under
10this subchapter. With respect to the collective bargaining unit specified in s. 111.825
11(1r) (ef), the governing board of the charter school established by contract under s.
12118.40 (2r) (cm), 2013 stats., is responsible for the employer functions under this
13subchapter.
AB68-SSA1,1909
14Section
1909. 111.817 of the statutes is created to read:
AB68-SSA1,911,20
15111.817 Duty of commission; determination of frontline workers. The
16commission shall determine that an employee is a frontline worker if the commission
17finds that the employee has regular job duties that include interacting with members
18of the public or with large populations of people or that directly involve the
19maintenance of public works. The commission may not determine that a public
20safety employee is a frontline worker.
AB68-SSA1,1910
21Section
1910. 111.82 of the statutes is renumbered 111.82 (1) and amended
22to read:
AB68-SSA1,912,623
111.82
(1) Employees have the right of self-organization and the right to form,
24join, or assist labor organizations, to bargain collectively through representatives of
25their own choosing under this subchapter, and to engage in lawful, concerted
1activities for the purpose of collective bargaining or other mutual aid or protection.
2Employees also have the right to refrain from any or all of such activities. A general
3employee
may not be covered by a fair-share agreement unless the general employee
4is in a collective bargaining unit containing a frontline worker. Unless the general
5employee is covered by a fair-share agreement, a general employee has the right to
6refrain from paying dues while remaining a member of a collective bargaining unit.
AB68-SSA1,1911
7Section
1911. 111.82 (2) of the statutes is created to read:
AB68-SSA1,912,148
111.82
(2) General employees who are not in a collective bargaining unit
9containing a frontline worker have the right to have their employer consult with
10them, through a representative of their own choosing, with no intention of reaching
11an agreement, with respect to wages, hours, and conditions of employment. The
12right may be exercised when the employer proposes or implements policy changes
13affecting wages, hours, or conditions of employment or, if no policy changes are
14proposed or implemented, at least quarterly.
AB68-SSA1,1912
15Section
1912. 111.825 (1) (intro.) of the statutes is amended to read:
AB68-SSA1,912,2116
111.825
(1) (intro.) It is the legislative intent that in order to foster meaningful
17collective bargaining, units must be structured in such a way as to avoid excessive
18fragmentation whenever possible. In accordance with this policy, collective
19bargaining units for employees in the classified service of the state
and for employees
20of authorities are structured on a statewide basis with one collective bargaining unit
21for each of the following occupational groups:
AB68-SSA1,1913
22Section
1913. 111.825 (3) of the statutes is amended to read:
AB68-SSA1,913,523
111.825
(3) The commission shall assign employees to the appropriate
24collective bargaining units set forth in subs. (1), (1r), (1t), and (2).
The commission
25may place frontline workers in a collective bargaining unit with employees who are
1not frontline workers if the commission determines it is appropriate; if the
2commission places in a collective bargaining unit frontline workers and employees
3who are not frontline workers, the collective bargaining unit is treated as if all
4employees in the collective bargaining unit are frontline workers and may bargain
5as provided in s. 111.91 (1w).
AB68-SSA1,1914
6Section
1914. 111.825 (5) of the statutes is amended to read:
AB68-SSA1,913,207
111.825
(5) Although supervisors are not considered employees for purposes
8of this subchapter, the commission may consider a petition for a statewide collective
9bargaining unit of professional supervisors or a statewide unit of nonprofessional
10supervisors in the classified service, but the representative of supervisors may not
11be affiliated with any labor organization representing employees. For purposes of
12this subsection, affiliation does not include membership in a national, state, county
13or municipal federation of national or international labor organizations. The
14certified representative of supervisors who are not public safety employees
or
15frontline workers may not bargain collectively with respect to any matter other than
16wages as provided in s. 111.91 (3),
and the certified representative of supervisors who
17are public safety employees may not bargain collectively with respect to any matter
18other than wages and fringe benefits as provided in s. 111.91 (1)
, and the certified
19representative of supervisors who are frontline workers may bargain as provided in
20s. 111.91 (1w).
AB68-SSA1,1915
21Section
1915. 111.83 (1) of the statutes is amended to read:
AB68-SSA1,914,1022
111.83
(1) Except as provided in sub. (5), a
representative chosen for the
23purposes of collective bargaining by at least 51 percent of the general employees in
24a collective bargaining unit shall be the exclusive representative of all of the
25employees in such unit for the purposes of collective bargaining. A representative
1chosen for the purposes of collective bargaining by a majority of the
public safety 2employees voting in a collective bargaining unit shall be the exclusive representative
3of all of the employees in such unit for the purposes of collective bargaining. Any
4individual employee, or any minority group of employees in any collective bargaining
5unit, may present grievances to the employer in person, or through representatives
6of their own choosing, and the employer shall confer with the employee or group of
7employees in relation thereto if the majority representative has been afforded the
8opportunity to be present at the conference. Any adjustment resulting from such a
9conference may not be inconsistent with the conditions of employment established
10by the majority representative and the employer.
AB68-SSA1,1916
11Section
1916. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
AB68-SSA1,1917
12Section
1917. 111.83 (3) (b) of the statutes is repealed.
AB68-SSA1,1918
13Section
1918. 111.83 (4) of the statutes is amended to read:
AB68-SSA1,914,2214
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
15the name of more than one proposed representative appears on the ballot and results
16in no conclusion, the commission may, if requested by any party to the proceeding
17within 30 days from the date of the certification of the results of the election, conduct
18a runoff election. In that runoff election, the commission shall drop from the ballot
19the name of the representative who received the least number of votes at the original
20election. The commission shall drop from the ballot the privilege of voting against
21any representative if the least number of votes cast at the first election was against
22representation by any named representative.
AB68-SSA1,1919
23Section
1919. 111.84 (1) (d) of the statutes is amended to read:
AB68-SSA1,915,824
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
25(1)
, (1w), or (3), whichever is appropriate, with a representative of a majority of its
1employees in an appropriate collective bargaining unit. Where the employer has a
2good faith doubt as to whether a labor organization claiming the support of a majority
3of its employees in appropriate collective bargaining unit does in fact have that
4support, it may file with the commission a petition requesting an election as to that
5claim. It is not deemed to have refused to bargain until an election has been held and
6the results thereof certified to it by the commission. A violation of this paragraph
7includes, but is not limited to, the refusal to execute a collective bargaining
8agreement previously orally agreed upon.
AB68-SSA1,1920
9Section
1920. 111.84 (1) (f) of the statutes is amended to read:
AB68-SSA1,915,1810
111.84
(1) (f) To deduct labor organization dues from the earnings of a public
11safety employee
or an employee who is in a collective bargaining unit containing a
12frontline worker, unless the employer has been presented with an individual order
13therefor, signed by the
public safety employee personally, and terminable by at least
14the end of any year of its life or earlier by the
public safety employee giving at least
1530 but not more than 120 days' written notice of such termination to the employer
16and to the representative labor organization, except if there is a fair-share or
17maintenance of membership agreement in effect. The employer shall give notice to
18the labor organization of receipt of such notice of termination.
AB68-SSA1,1921
19Section
1921. 111.84 (2) (c) of the statutes is amended to read:
AB68-SSA1,916,320
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
21(1)
, (1w), or (3), whichever is appropriate, with the duly authorized officer or agent
22of the employer which is the recognized or certified exclusive collective bargaining
23representative of employees specified in s. 111.81 (7) (a)
or (ag) in an appropriate
24collective bargaining unit or with the certified exclusive collective bargaining
25representative of employees specified in s. 111.81 (7) (ar) to (f) in an appropriate
1collective bargaining unit. Such refusal to bargain shall include, but not be limited
2to, the refusal to execute a collective bargaining agreement previously orally agreed
3upon.
AB68-SSA1,1922
4Section
1922. 111.85 (1) of the statutes is amended to read:
AB68-SSA1,916,145
111.85
(1) (a) No fair-share or maintenance of membership agreement
6covering public safety employees under this subchapter may become effective unless
7authorized by a referendum. The commission shall order a referendum whenever it
8receives a petition supported by proof that at least 30 percent of the public safety
9employees in a collective bargaining unit
or at least 30 percent of the employees in
10a collective bargaining unit containing a frontline worker desire that a fair-share or
11maintenance of membership agreement be entered into between the employer and
12a labor organization. A petition may specify that a referendum is requested on a
13maintenance of membership agreement only, in which case the ballot shall be limited
14to that question.
AB68-SSA1,916,2515
(b) For a fair-share agreement to be authorized, at least two-thirds of the
16eligible public safety employees voting in a referendum shall vote in favor of the
17agreement
or at least two-thirds of the employees in a collective bargaining unit
18containing a frontline worker shall vote in favor of the agreement. For a
19maintenance of membership agreement to be authorized, at least a majority of the
20eligible public safety employees voting in a referendum shall vote in favor of the
21agreement
or at least a majority of the employees in a collective bargaining unit
22containing a frontline worker shall vote in favor of the agreement. In a referendum
23on a fair-share agreement, if less than two-thirds but more than one-half of the
24eligible
public safety employees vote in favor of the agreement, a maintenance of
25membership agreement is authorized.
AB68-SSA1,917,15
1(c) If a fair-share or maintenance of membership agreement is authorized in
2a referendum
ordered under par. (a), the employer shall enter into such an
3agreement with the labor organization named on the ballot in the referendum. Each
4fair-share or maintenance of membership agreement shall contain a provision
5requiring the employer to deduct the amount of dues as certified by the labor
6organization from the earnings of the
public safety employees affected by the
7agreement and to pay the amount so deducted to the labor organization. Unless the
8parties agree to an earlier date, the agreement shall take effect 60 days after
9certification by the commission that the referendum vote authorized the agreement.
10The employer shall be held harmless against any claims, demands, suits and other
11forms of liability made by
public safety the employees
affected by the agreement or
12by local labor organizations which may arise for actions taken by the employer in
13compliance with this section. All such lawful claims, demands, suits
, and other forms
14of liability are the responsibility of the labor organization entering into the
15agreement.
AB68-SSA1,917,2216
(d) Under each fair-share or maintenance of membership agreement,
a public
17safety an employee
affected by the agreement who has religious convictions against
18dues payments to a labor organization based on teachings or tenets of a church or
19religious body of which he or she is a member shall, on request to the labor
20organization, have his or her dues paid to a charity mutually agreed upon by the
21public safety employee and the labor organization. Any dispute concerning this
22paragraph may be submitted to the commission for adjudication.
AB68-SSA1,1923
23Section
1923. 111.85 (2) of the statutes is amended to read:
AB68-SSA1,918,1524
111.85
(2) (a) Once authorized
under sub. (1), a fair-share or maintenance of
25membership agreement
covering public safety employees shall continue in effect,
1subject to the right of the employer or labor organization concerned to petition the
2commission to conduct a new referendum. Such petition must be supported by proof
3that at least 30 percent of the public safety employees in the collective bargaining
4unit
or at least 30 percent of the employees in a collective bargaining unit containing
5a frontline worker desire that the fair-share or maintenance of membership
6agreement be discontinued. Upon so finding, the commission shall conduct a new
7referendum. If the continuance of the fair-share or maintenance of membership
8agreement is approved in the referendum by at least the percentage of eligible voting
9public safety employees required for its initial authorization, it shall be continued
10in effect, subject to the right of the employer or labor organization to later initiate a
11further vote following the procedure prescribed in this subsection. If the
12continuation of the agreement is not supported in any referendum, it
is deemed
13terminated terminates at the termination of the collective bargaining agreement, or
14one year from the date of the certification of the result of the referendum, whichever
15is earlier.
AB68-SSA1,918,2516
(b) The commission shall declare any fair-share or maintenance of
17membership agreement suspended upon such conditions and for such time as the
18commission decides whenever it finds that the labor organization involved has
19refused on the basis of race, color,
sex, sexual orientation
, gender expression, as
20defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or creed to receive
21as a member any
public safety employee in the collective bargaining unit involved,
22and the agreement shall be made subject to the findings and orders of the
23commission. Any of the parties to the agreement, or any
public safety employee
24covered thereby, may come before the commission, as provided in s. 111.07, and
25petition the commission to make such a finding.
AB68-SSA1,1924
1Section
1924. 111.85 (4) of the statutes is amended to read: