AB945: Bill Text

AB945,44 Section 44 . 111.71 (5) of the statutes is created to read:

AB945,20,25 111.71 (5) The commission shall, on a regular basis, provide training programs to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall promote the programs to and recruit participation throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee to participate in the programs.

AB945,45 Section 45. 111.71 (5m) of the statutes is repealed.

AB945,46 Section 46 . 111.77 (9) of the statutes is amended to read:

AB945,21,4 111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) does not apply to employments covered by this section.

AB945,47 Section 47. 111.81 (3n) of the statutes is repealed.

AB945,48 Section 48. 111.825 (5) of the statutes is amended to read:

AB945,21,19 111.825 (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 may not bargain collectively with respect to any matter other than wages and conditions of employment 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).

AB945,49 Section 49 . 111.83 (1) of the statutes is amended to read:

AB945,22,9 111.83 (1) Except as provided in sub. (5), a representative chosen for the purposes of collective bargaining by at least 51 percent a majority of the general 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. 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.

AB945,50 Section 50 . 111.83 (3) (a) of the statutes is renumbered 111.83 (3).

AB945,51 Section 51 . 111.83 (3) (b) of the statutes is repealed.

AB945,52 Section 52 . 111.83 (4) of the statutes is amended to read:

AB945,22,21 111.83 (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.

AB945,53 Section 53. 111.91 (3) (intro.) and (a) of the statutes are consolidated, renumbered 111.91 (3) and amended to read:

AB945,23,4 111.91 (3) The employer is prohibited from bargaining with a collective bargaining unit containing a general employee with respect to any of the following: (a) Any factor or condition hours of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions.

AB945,54 Section 54. 111.91 (3) (b) of the statutes is repealed.

AB945,55 Section 55. 111.91 (3q) of the statutes is repealed.

AB945,56 Section 56. 118.245 of the statutes is repealed.

AB945,57 Section 57. 119.04 (1) of the statutes is amended to read:

AB945,23,21 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB945,58 Section 58. 120.12 (4m) of the statutes is repealed.

AB945,59 Section 59. 120.18 (1) (gm) of the statutes is amended to read:

AB945,24,14 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have not submitted final offers, increased costs of wages, limited to the lower of the school district's offer and the representative's offer, shall be reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.

AB945,60 Section 60 . 851.71 (4) of the statutes is amended to read:

AB945,24,20 851.71 (4) In counties having a population of 750,000 or more, the appointment under subs. (1) and (2) shall be made as provided in those subsections but the judges shall not remove the register in probate and deputy registers, except through charges for dismissal made and sustained under s. 63.10 or an applicable collective bargaining agreement.

AB945,61 Section 61 . 904.085 (2) (a) of the statutes is amended to read:

AB945,25,2 904.085 (2) (a) “Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87, mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.405, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. “Mediation" does not include binding arbitration or appraisal.

AB945,62 Section 62. Initial applicability.

AB945,25,7 (1) This act first applies to an employee who is covered by a collective bargaining agreement under subch. IV or V of ch. 111 that contains provisions inconsistent with this act on the day on which the agreement expires or is terminated, extended, modified, or renewed, whichever occurs first.

AB945,25,8 (End)