SB70-AA1,293,10
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.
SB70-AA1,607
11Section
607. 111.70 (4) (cg) 6. a. of the statutes is amended to read:
SB70-AA1,294,212
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.
SB70-AA1,608
3Section
608. 111.70 (4) (cg) 7r. d., e. and f. of the statutes are amended to read:
SB70-AA1,294,74
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.
SB70-AA1,294,118
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.
SB70-AA1,294,1512
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.
SB70-AA1,609
16Section
609. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:
SB70-AA1,294,2117
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.
SB70-AA1,610
22Section
610. 111.70 (4) (cg) 8m. of the statutes is amended to read:
SB70-AA1,295,1023
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.
SB70-AA1,611
11Section
611. 111.70 (4) (d) 1. of the statutes is amended to read:
SB70-AA1,296,212
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.
SB70-AA1,612
3Section
612. 111.70 (4) (d) 2. a. of the statutes is amended to read:
SB70-AA1,297,164
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.
SB70-AA1,613
17Section
613. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
18renumbered 111.70 (4) (d) 3.
SB70-AA1,614
19Section
614. 111.70 (4) (d) 3. b. of the statutes is repealed.
SB70-AA1,615
20Section
615. 111.70 (4) (mb) (intro.) of the statutes is amended to read:
SB70-AA1,297,2421
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:
SB70-AA1,616
25Section
616. 111.70 (4) (mbb) of the statutes is amended to read:
SB70-AA1,298,6
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.
SB70-AA1,617
7Section
617. 111.70 (4) (p) of the statutes is amended to read:
SB70-AA1,298,178
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.
SB70-AA1,618
18Section
618. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
SB70-AA1,299,219
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.
SB70-AA1,619
3Section
619. 111.81 (1) of the statutes is renumbered 111.81 (1s) and amended
4to read:
SB70-AA1,299,175
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.
SB70-AA1,620
18Section
620. 111.81 (1d) of the statutes is created to read:
SB70-AA1,299,2019
111.81
(1d) “Authority” means a body created under subch. II of ch. 114 or ch.
20231, 232, 233, 234, 237, 238, or 279.
SB70-AA1,621
21Section
621. 111.81 (7) (ag) of the statutes is created to read:
SB70-AA1,299,2222
111.81
(7) (ag) An employee of an authority.
SB70-AA1,622
23Section
622. 111.81 (8) of the statutes is amended to read:
SB70-AA1,299,2424
111.81
(8) “Employer" means the state of Wisconsin
and includes an authority.
SB70-AA1,623
25Section
623. 111.81 (9) of the statutes is amended to read:
SB70-AA1,300,7
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.
SB70-AA1,624
8Section
624. 111.81 (9b) of the statutes is created to read:
SB70-AA1,300,109
111.81
(9b) “Frontline worker” means an employee who is determined to be a
10frontline worker under s. 111.817.
SB70-AA1,625
11Section
625. 111.81 (9g) of the statutes is amended to read:
SB70-AA1,300,1312
111.81
(9g) “General employee" means an employee who is not a public safety
13employee
or a frontline worker.
SB70-AA1,626
14Section
626. 111.81 (12) (intro.) of the statutes is amended to read:
SB70-AA1,300,1815
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:
SB70-AA1,627
19Section
627. 111.81 (12m) of the statutes is amended to read:
SB70-AA1,301,320
111.81
(12m) “Maintenance of membership agreement" means an agreement
21between the employer and a labor organization representing public safety employees
22or a frontline worker which requires that all of the public safety employees
or
23employees who are in a collective bargaining unit containing a frontline worker 24whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) at
25the time the agreement takes effect shall continue to have dues deducted for the
1duration of the agreement, and that dues shall be deducted from the earnings of all
2public safety such employees who are hired on or after the effective date of the
3agreement.
SB70-AA1,628
4Section
628. 111.81 (16) of the statutes is amended to read:
SB70-AA1,301,105
111.81
(16) “Referendum" means a proceeding conducted by the commission in
6which public safety employees in a collective bargaining unit
or all employees in a
7collective bargaining unit containing a frontline worker may cast a secret ballot on
8the question of directing the labor organization and the employer to enter into a
9fair-share or maintenance of membership agreement or to terminate such an
10agreement.
SB70-AA1,629
11Section
629. 111.815 (1) of the statutes is amended to read:
SB70-AA1,302,712
111.815
(1) In the furtherance of this subchapter, the state shall be considered
13as a single employer and employment relations policies and practices throughout the
14state service shall be as consistent as practicable. The division shall negotiate and
15administer collective bargaining agreements. To coordinate the employer position
16in the negotiation of agreements, the division shall maintain close liaison with the
17legislature relative to the negotiation of agreements and the fiscal ramifications of
18those agreements. Except with respect to the collective bargaining units specified
19in s. 111.825 (1r) and (1t), the division is responsible for the employer functions of the
20executive branch under this subchapter, and shall coordinate its collective
21bargaining activities with operating state agencies on matters of agency concern
and
22with operating authorities on matters of authority concern. The legislative branch
23shall act upon those portions of tentative agreements negotiated by the division that
24require legislative action. With respect to the collective bargaining units specified
25in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is
1responsible for the employer functions under this subchapter. With respect to the
2collective bargaining units specified in s. 111.825 (1t), the chancellor of the
3University of Wisconsin-Madison is responsible for the employer functions under
4this subchapter. With respect to the collective bargaining unit specified in s. 111.825
5(1r) (ef), the governing board of the charter school established by contract under s.
6118.40 (2r) (cm), 2013 stats., is responsible for the employer functions under this
7subchapter.
SB70-AA1,630
8Section
630. 111.817 of the statutes is created to read:
SB70-AA1,302,14
9111.817 Duty of commission; determination of frontline workers. The
10commission shall determine that an employee is a frontline worker if the commission
11finds that the employee has regular job duties that include interacting with members
12of the public or with large populations of people or that directly involve the
13maintenance of public works. The commission may not determine that a public
14safety employee is a frontline worker.
SB70-AA1,631
15Section
631. 111.82 of the statutes is renumbered 111.82 (1) and amended to
16read:
SB70-AA1,302,2517
111.82
(1) Employees have the right of self-organization and the right to form,
18join, or assist labor organizations, to bargain collectively through representatives of
19their own choosing under this subchapter, and to engage in lawful, concerted
20activities for the purpose of collective bargaining or other mutual aid or protection.
21Employees also have the right to refrain from any or all of such activities. A general
22employee
may not be covered by a fair-share agreement unless the general employee
23is in a collective bargaining unit containing a frontline worker. Unless the general
24employee is covered by a fair-share agreement, a general employee has the right to
25refrain from paying dues while remaining a member of a collective bargaining unit.
SB70-AA1,632
1Section
632. 111.82 (2) of the statutes is created to read:
SB70-AA1,303,82
111.82
(2) General employees who are not in a collective bargaining unit
3containing a frontline worker have the right to have their employer consult with
4them, through a representative of their own choosing, with no intention of reaching
5an agreement, with respect to wages, hours, and conditions of employment. The
6right may be exercised either when the employer proposes or implements policy
7changes affecting wages, hours, or conditions of employment or, if no policy changes
8are proposed or implemented, at least quarterly.
SB70-AA1,633
9Section
633. 111.825 (1) (intro.) of the statutes is amended to read:
SB70-AA1,303,1510
111.825
(1) (intro.) It is the legislative intent that in order to foster meaningful
11collective bargaining, units must be structured in such a way as to avoid excessive
12fragmentation whenever possible. In accordance with this policy, collective
13bargaining units for employees in the classified service of the state
and for employees
14of authorities are structured on a statewide basis with one collective bargaining unit
15for each of the following occupational groups:
SB70-AA1,634
16Section
634. 111.825 (3) of the statutes is amended to read:
SB70-AA1,303,2417
111.825
(3) The commission shall assign employees to the appropriate
18collective bargaining units set forth in subs. (1), (1r), (1t), and (2).
The commission
19may place frontline workers in a collective bargaining unit with employees who are
20not frontline workers if the commission determines it is appropriate; if the
21commission places in a collective bargaining unit frontline workers and employees
22who are not frontline workers, the collective bargaining unit is treated as if all
23employees in the collective bargaining unit are frontline workers and may bargain
24as provided in s. 111.91 (1w).
SB70-AA1,635
25Section
635. 111.825 (5) of the statutes is amended to read:
SB70-AA1,304,14
1111.825
(5) Although supervisors are not considered employees for purposes
2of this subchapter, the commission may consider a petition for a statewide collective
3bargaining unit of professional supervisors or a statewide unit of nonprofessional
4supervisors in the classified service, but the representative of supervisors may not
5be affiliated with any labor organization representing employees. For purposes of
6this subsection, affiliation does not include membership in a national, state, county
7or municipal federation of national or international labor organizations. The
8certified representative of supervisors who are not public safety employees
or
9frontline workers may not bargain collectively with respect to any matter other than
10wages as provided in s. 111.91 (3),
and the certified representative of supervisors who
11are public safety employees may not bargain collectively with respect to any matter
12other than wages and fringe benefits as provided in s. 111.91 (1)
, and the certified
13representative of supervisors who are frontline workers may bargain as provided in
14s. 111.91 (1w).
SB70-AA1,636
15Section
636. 111.83 (1) of the statutes is amended to read:
SB70-AA1,305,416
111.83
(1) Except as provided in sub. (5), a
representative chosen for the
17purposes of collective bargaining by at least 51 percent of the general employees in
18a collective bargaining unit shall be the exclusive representative of all of the
19employees in such unit for the purposes of collective bargaining. A representative
20chosen for the purposes of collective bargaining by a majority of the
public safety 21employees voting in a collective bargaining unit shall be the exclusive representative
22of all of the employees in such unit for the purposes of collective bargaining. Any
23individual employee, or any minority group of employees in any collective bargaining
24unit, may present grievances to the employer in person, or through representatives
25of their own choosing, and the employer shall confer with the employee or group of
1employees in relation thereto if the majority representative has been afforded the
2opportunity to be present at the conference. Any adjustment resulting from such a
3conference may not be inconsistent with the conditions of employment established
4by the majority representative and the employer.
SB70-AA1,637
5Section
637. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
SB70-AA1,638
6Section
638. 111.83 (3) (b) of the statutes is repealed.
SB70-AA1,639
7Section
639. 111.83 (4) of the statutes is amended to read:
SB70-AA1,305,168
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
9the name of more than one proposed representative appears on the ballot and results
10in no conclusion, the commission may, if requested by any party to the proceeding
11within 30 days from the date of the certification of the results of the election, conduct
12a runoff election. In that runoff election, the commission shall drop from the ballot
13the name of the representative who received the least number of votes at the original
14election. The commission shall drop from the ballot the privilege of voting against
15any representative if the least number of votes cast at the first election was against
16representation by any named representative.
SB70-AA1,640
17Section
640. 111.84 (1) (d) of the statutes is amended to read:
SB70-AA1,306,218
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
19(1)
, (1w), or (3), whichever is appropriate, with a representative of a majority of its
20employees in an appropriate collective bargaining unit. Where the employer has a
21good faith doubt as to whether a labor organization claiming the support of a majority
22of its employees in appropriate collective bargaining unit does in fact have that
23support, it may file with the commission a petition requesting an election as to that
24claim. It is not deemed to have refused to bargain until an election has been held and
25the results thereof certified to it by the commission. A violation of this paragraph
1includes, but is not limited to, the refusal to execute a collective bargaining
2agreement previously orally agreed upon.
SB70-AA1,641
3Section
641. 111.84 (1) (f) of the statutes is amended to read:
SB70-AA1,306,124
111.84
(1) (f) To deduct labor organization dues from the earnings of a public
5safety employee
or an employee who is in a collective bargaining unit containing a
6frontline worker, unless the employer has been presented with an individual order
7therefor, signed by the
public safety employee personally, and terminable by at least
8the end of any year of its life or earlier by the
public safety employee giving at least
930 but not more than 120 days' written notice of such termination to the employer
10and to the representative labor organization, except if there is a fair-share or
11maintenance of membership agreement in effect. The employer shall give notice to
12the labor organization of receipt of such notice of termination.
SB70-AA1,642
13Section
642. 111.84 (2) (c) of the statutes is amended to read:
SB70-AA1,306,2214
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
15(1)
, (1w), or (3), whichever is appropriate, with the duly authorized officer or agent
16of the employer which is the recognized or certified exclusive collective bargaining
17representative of employees specified in s. 111.81 (7) (a)
or (ag) in an appropriate
18collective bargaining unit or with the certified exclusive collective bargaining
19representative of employees specified in s. 111.81 (7) (ar) to (f) in an appropriate
20collective bargaining unit. Such refusal to bargain shall include, but not be limited
21to, the refusal to execute a collective bargaining agreement previously orally agreed
22upon.
SB70-AA1,643
23Section
643. 111.85 (1) of the statutes is amended to read:
SB70-AA1,307,824
111.85
(1) (a) No fair-share or maintenance of membership agreement
25covering public safety employees under this subchapter may become effective unless
1authorized by a referendum. The commission shall order a referendum whenever it
2receives a petition supported by proof that at least 30 percent of the public safety
3employees in a collective bargaining unit
or at least 30 percent of the employees in
4a collective bargaining unit containing a frontline worker desire that a fair-share or
5maintenance of membership agreement be entered into between the employer and
6a labor organization. A petition may specify that a referendum is requested on a
7maintenance of membership agreement only, in which case the ballot shall be limited
8to that question.
SB70-AA1,307,199
(b) For a fair-share agreement to be authorized, at least two-thirds of the
10eligible public safety employees voting in a referendum shall vote in favor of the
11agreement
or at least two-thirds of the employees in a collective bargaining unit
12containing a frontline worker shall vote in favor of the agreement. For a
13maintenance of membership agreement to be authorized, at least a majority of the
14eligible public safety employees voting in a referendum shall vote in favor of the
15agreement
or at least a majority of the employees in a collective bargaining unit
16containing a frontline worker shall vote in favor of the agreement. In a referendum
17on a fair-share agreement, if less than two-thirds but more than one-half of the
18eligible
public safety employees vote in favor of the agreement, a maintenance of
19membership agreement is authorized.
SB70-AA1,308,920
(c) If a fair-share or maintenance of membership agreement is authorized in
21a referendum
ordered under par. (a), the employer shall enter into such an
22agreement with the labor organization named on the ballot in the referendum. Each
23fair-share or maintenance of membership agreement shall contain a provision
24requiring the employer to deduct the amount of dues as certified by the labor
25organization from the earnings of the
public safety employees affected by the
1agreement and to pay the amount so deducted to the labor organization. Unless the
2parties agree to an earlier date, the agreement shall take effect 60 days after
3certification by the commission that the referendum vote authorized the agreement.
4The employer shall be held harmless against any claims, demands, suits and other
5forms of liability made by
public safety the employees
affected by the agreement or
6by local labor organizations which may arise for actions taken by the employer in
7compliance with this section. All such lawful claims, demands, suits
, and other forms
8of liability are the responsibility of the labor organization entering into the
9agreement.
SB70-AA1,308,1610
(d) Under each fair-share or maintenance of membership agreement,
a public
11safety an employee
affected by the agreement who has religious convictions against
12dues payments to a labor organization based on teachings or tenets of a church or
13religious body of which he or she is a member shall, on request to the labor
14organization, have his or her dues paid to a charity mutually agreed upon by the
15public safety employee and the labor organization. Any dispute concerning this
16paragraph may be submitted to the commission for adjudication.
SB70-AA1,644
17Section
644. 111.85 (2) of the statutes is amended to read:
SB70-AA1,309,918
111.85
(2) (a) Once authorized
under sub. (1), a fair-share or maintenance of
19membership agreement
covering public safety employees shall continue in effect,
20subject to the right of the employer or labor organization concerned to petition the
21commission to conduct a new referendum. Such petition must be supported by proof
22that at least 30 percent of the public safety employees in the collective bargaining
23unit
or at least 30 percent of the employees in a collective bargaining unit containing
24a frontline worker desire that the fair-share or maintenance of membership
25agreement be discontinued. Upon so finding, the commission shall conduct a new
1referendum. If the continuance of the fair-share or maintenance of membership
2agreement is approved in the referendum by at least the percentage of eligible voting
3public safety employees required for its initial authorization, it shall be continued
4in effect, subject to the right of the employer or labor organization to later initiate a
5further vote following the procedure prescribed in this subsection. If the
6continuation of the agreement is not supported in any referendum, it
is deemed
7terminated terminates at the termination of the collective bargaining agreement, or
8one year from the date of the certification of the result of the referendum, whichever
9is earlier.
SB70-AA1,309,1810
(b) The commission shall declare any fair-share or maintenance of
11membership agreement suspended upon such conditions and for such time as the
12commission decides whenever it finds that the labor organization involved has
13refused on the basis of race, color, sexual orientation or creed to receive as a member
14any
public safety employee in the collective bargaining unit involved, and the
15agreement shall be made subject to the findings and orders of the commission. Any
16of the parties to the agreement, or any
public safety employee covered thereby, may
17come before the commission, as provided in s. 111.07, and petition the commission
18to make such a finding.
SB70-AA1,645
19Section
645. 111.85 (4) of the statutes is amended to read:
SB70-AA1,309,2320
111.85
(4) The commission may, under rules adopted for that purpose, appoint
21as its agent an official of a state agency
or authority whose
public safety employees
22are entitled to vote in a referendum to conduct a referendum
provided for herein 23under this section.
SB70-AA1,646
24Section
646. 111.86 (2) of the statutes is amended to read:
SB70-AA1,310,7
1111.86
(2) The division shall charge a state department
or, agency
, or authority 2the employer's share of the cost related to grievance arbitration under sub. (1) for any
3arbitration that involves one or more employees of the state department
or, agency
,
4or authority. Each state department
or, agency
, or authority so charged shall pay the
5amount that the division charges from the appropriation account or accounts used
6to pay the salary of the grievant. Funds received under this subsection shall be
7credited to the appropriation account under s. 20.505 (1) (ks).
SB70-AA1,647
8Section
647. 111.88 (1) of the statutes is amended to read:
SB70-AA1,310,199
111.88
(1) If a dispute has not been settled after a reasonable period of
10negotiation and after the settlement procedures, if any, established by the parties
11have been exhausted, the representative which has been certified by the commission
12after an election, or, in the case of a representative of employees specified in s. 111.81
13(7) (a)
or (ag), has been duly recognized by the employer, as the exclusive
14representative of employees in an appropriate collective bargaining unit, and the
15employer, its officers and agents, after a reasonable period of negotiation, are
16deadlocked with respect to any dispute between them arising in the collective
17bargaining process, the parties jointly, may petition the commission, in writing, to
18initiate fact-finding under this section, and to make recommendations to resolve the
19deadlock.
SB70-AA1,648
20Section
648. 111.90 (1) of the statutes is amended to read:
SB70-AA1,310,2321
111.90
(1) Carry out the statutory mandate and goals assigned to a state agency
22or authority by the most appropriate and efficient methods and means and utilize
23personnel in the most appropriate and efficient manner possible.
SB70-AA1,649
24Section
649. 111.90 (2) of the statutes is amended to read:
SB70-AA1,311,3
1111.90
(2) Manage the employees of a state agency
or authority; hire, promote,
2transfer, assign or retain employees in positions within the agency
or authority; and
3in that regard establish reasonable work rules.