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LRB-3639/1
MIM&JAM:emw
2021 - 2022 LEGISLATURE
July 1, 2021 - Introduced by Representatives Subeck, S. Rodriguez, Milroy,
Brostoff, Hebl, Shelton, Pope, Conley, Baldeh, Hesselbein, Doyle, Goyke,
Neubauer, Vruwink, B. Meyers, Vining, Billings, McGuire, Anderson,
Shankland, Snodgrass, Considine, Spreitzer, Riemer, Cabrera, Stubbs,
Hintz, Drake, Sinicki, Hong, Ortiz-Velez, Emerson, L. Myers, Andraca,
Haywood, Moore Omokunde and Ohnstad, cosponsored by Senators Agard,
Carpenter, Bewley, Roys, Ringhand, Larson and Erpenbach. Referred to
Committee on Labor and Integrated Employment.
AB438,1,10 1An Act to repeal 111.04 (2); to renumber and amend 111.02 (7) (a), 111.115
2(1) and 111.17; to amend 40.02 (25) (b) 8., 40.05 (4) (b), 40.05 (5) (intro.), 40.05
3(5) (b) 4., 40.05 (6) (a), 40.62 (2), 111.02 (1), 111.02 (3), 111.02 (5), 111.04 (3) (a)
4(intro.), 111.05 (1), 111.05 (2), 111.05 (3), 111.05 (3m), 111.06 (1) (c), 111.06 (1)
5(d), 111.06 (1) (e), 111.06 (1) (i), 111.06 (2) (i), 111.115 (title), 233.03 (7) and
6233.10 (2) (intro.); and to create 20.921 (1) (a) 2g., 111.02 (4m), 111.02 (7) (a)
72., 111.02 (9m), 111.02 (10m), 111.05 (5), 111.06 (1) (cm), 111.06 (1) (m), 111.075,
8111.115 (1) (a), 111.115 (2), 111.13, 111.17 (2), 233.04 (2e), 233.04 (2m) and
9233.04 (2s) of the statutes; relating to: collective bargaining for employees of
10the University of Wisconsin Hospitals and Clinics Authority.
Analysis by the Legislative Reference Bureau
This bill allows employees of the University of Wisconsin Hospitals and Clinics
Authority to collectively bargain over wages, hours, and conditions of employment.
Under current law, employers and employees are prohibited from collective
bargaining except as expressly provided in the statutes.
Prior to changes made by 2011 Wisconsin Act 10, employees of the UWHCA had
the right to collectively bargain over wages, hours, and conditions of employment,

and UWHCA was required to bargain over those subjects. The bill restores those
rights and also authorizes UWHCA employees to enter into maintenance of
membership agreements.
Current right-to-work law prohibits a person from requiring, as a condition of
obtaining or continuing employment, an individual to refrain or resign from
membership in a labor organization, to become or remain a member of a labor
organization, to pay dues or other charges to a labor organization, or to pay any other
person an amount that is in place of dues or charges required of members of a labor
organization. The bill removes these prohibitions with respect to employees of the
UWHCA.
The bill also does the following:
1. Sets conditions under which the UWHCA may enter into an all-union
agreement.
2. Provides that, when an all-union agreement between the UWHCA and the
representative of a collective bargaining unit is in effect, it is not an unfair labor
practice to deduct labor organization dues or assessments from an employee's
earnings.
3. Sets conditions for the continuation or termination of all-union agreements,
including that, if the Wisconsin Employment Relations Commission determines
there is reasonable grounds to believe employees in an all-union agreement have
changed their attitude about the agreement, WERC is required to conduct a
referendum to determine whether the employees wish to continue the agreement.
WERC is required to terminate an all-union agreement if it finds the union
unreasonably refused to admit an employee into the union.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB438,1 1Section 1 . 20.921 (1) (a) 2g. of the statutes is created to read:
AB438,2,32 20.921 (1) (a) 2g. If the employee is an employee of the University of Wisconsin
3Hospitals and Clinics Authority, payment of dues to employee organizations.
AB438,2 4Section 2 . 40.02 (25) (b) 8. of the statutes is amended to read:
AB438,2,75 40.02 (25) (b) 8. Any other state employee for whom coverage is authorized
6under a collective bargaining agreement pursuant to subch. I or V of ch. 111 or under
7s. 230.12 or 233.10.
AB438,3 8Section 3 . 40.05 (4) (b) of the statutes is amended to read:
AB438,4,8
140.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused
2sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5)
3and subch. I or V of ch. 111 of any eligible employee shall, at the time of death, upon
4qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1)
5or upon termination of creditable service and qualifying as an eligible employee
6under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate
7he or she received while employed by the state, to credits for payment of health
8insurance premiums on behalf of the employee or the employee's surviving insured
9dependents. Any supplemental compensation that is paid to a state employee who
10is classified under the state classified civil service as a teacher, teacher supervisor,
11or education director for the employee's completion of educational courses that have
12been approved by the employee's employer is considered as part of the employee's
13basic pay for purposes of this paragraph. The full premium for any eligible employee
14who is insured at the time of retirement, or for the surviving insured dependents of
15an eligible employee who is deceased, shall be deducted from the credits until the
16credits are exhausted and paid from the account under s. 40.04 (10), and then
17deducted from annuity payments, if the annuity is sufficient. The department shall
18provide for the direct payment of premiums by the insured to the insurer if the
19premium to be withheld exceeds the annuity payment. Upon conversion of an
20employee's unused sick leave to credits under this paragraph or par. (bf), the
21employee or, if the employee is deceased, the employee's surviving insured
22dependents may initiate deductions from those credits or may elect to delay
23initiation of deductions from those credits, but only if the employee or surviving
24insured dependents are covered by a comparable health insurance plan or policy
25during the period beginning on the date of the conversion and ending on the date on

1which the employee or surviving insured dependents later elect to initiate
2deductions from those credits. If an employee or an employee's surviving insured
3dependents elect to delay initiation of deductions from those credits, an employee or
4the employee's surviving insured dependents may only later elect to initiate
5deductions from those credits during the annual enrollment period under par. (be).
6A health insurance plan or policy is considered comparable if it provides hospital and
7medical benefits that are substantially equivalent to the standard health insurance
8plan established under s. 40.52 (1).
AB438,4 9Section 4 . 40.05 (5) (intro.) of the statutes is amended to read:
AB438,4,1410 40.05 (5) Income continuation insurance premiums. (intro.) For the income
11continuation insurance provided under subch. V the employee shall pay the amount
12remaining after the employer has contributed the following or, if different, the
13amount determined under a collective bargaining agreement under subch. I or V of
14ch. 111 or s. 230.12 or 233.10:
AB438,5 15Section 5 . 40.05 (5) (b) 4. of the statutes is amended to read:
AB438,4,1816 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in
17accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5)
18and subch. I or V of ch. 111.
AB438,6 19Section 6 . 40.05 (6) (a) of the statutes is amended to read:
AB438,5,220 40.05 (6) (a) Except as otherwise provided in accordance with a collective
21bargaining agreement under subch. I or V of ch. 111 or s. 230.12 or 233.10, each
22insured employee under the age of 70 and annuitant under the age of 65 shall pay
23for group life insurance coverage a sum, approved by the group insurance board,
24which shall not exceed 60 cents monthly for each $1,000 of group life insurance,
25based upon the last amount of insurance in force during the month for which

1earnings are paid. The equivalent premium may be fixed by the group insurance
2board if the annual compensation is paid in other than 12 monthly installments.
AB438,7 3Section 7 . 40.62 (2) of the statutes is amended to read:
AB438,5,74 40.62 (2) Sick leave accumulation shall be determined in accordance with rules
5of the department, any collective bargaining agreement under subch. I or V of ch. 111,
6and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10,
7238.04 (8), 757.02 (5) and 978.12 (3).
AB438,8 8Section 8. 111.02 (1) of the statutes is amended to read:
AB438,5,139 111.02 (1) “All-union agreement" means an agreement between an employer
10other than the University of Wisconsin Hospitals and Clinics Authority and the
11representative of the employer's employees in a collective bargaining unit whereby
12all or any of the employees in such unit are required to be members of a single labor
13organization.
AB438,9 14Section 9. 111.02 (3) of the statutes is amended to read:
AB438,6,415 111.02 (3) “Collective bargaining unit" means all of the employees of one
16employer, employed within the state, except as provided in s. 111.05 (5) and except
17that where a majority of the employees engaged in a single craft, division,
18department or plant have voted by secret ballot as provided in s. 111.05 (2) to
19constitute such group a separate bargaining unit they shall be so considered, but, in
20appropriate cases, and to aid in the more efficient administration of this subchapter,
21the commission may find, where agreeable to all parties affected in any way thereby,
22an industry, trade or business comprising more than one employer in an association
23in any geographical area to be a “collective bargaining unit". A collective bargaining
24unit thus established by the commission shall be subject to all rights by termination
25or modification given by this subchapter in reference to collective bargaining units

1otherwise established under this subchapter. Two or more collective bargaining
2units may bargain collectively through the same representative where a majority of
3the employees in each separate unit have voted by secret ballot as provided in s.
4111.05 (2) so to do.
AB438,10 5Section 10. 111.02 (4m) of the statutes is created to read:
AB438,6,116 111.02 (4m) “Confidential authorization card” means a signed card that
7employees of the University of Wisconsin Hospitals and Clinics Authority complete
8to indicate their preferences regarding collective bargaining. An employee's
9preferences indicated on the confidential authorization card shall be held
10confidential to only the employee and the commission in certifying results, as
11applicable.
AB438,11 12Section 11. 111.02 (5) of the statutes is amended to read:
AB438,6,1813 111.02 (5) The term “election" shall mean a proceeding in which the employees
14in a collective bargaining unit cast a secret ballot or submit a confidential
15authorization card
for collective bargaining representatives or for any other purpose
16specified in this subchapter and shall include elections conducted by the commission,
17or, unless the context clearly indicates otherwise, by any tribunal having competent
18jurisdiction or whose jurisdiction was accepted by the parties.
AB438,12 19Section 12. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.)
20and amended to read:
AB438,6,2221 111.02 (7) (a) (intro.) “Employer" means a person who engages the services of
22an employee, and includes a all of the following:
AB438,6,24 231. A person acting on behalf of an employer within the scope of his or her
24authority, express or implied.
AB438,13 25Section 13. 111.02 (7) (a) 2. of the statutes is created to read:
AB438,7,1
1111.02 (7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.
AB438,14 2Section 14. 111.02 (9m) of the statutes is created to read:
AB438,7,43 111.02 (9m) “Maintenance of membership agreement” means an agreement
4under s. 111.13 (2).
AB438,15 5Section 15. 111.02 (10m) of the statutes is created to read:
AB438,7,106 111.02 (10m) “Referendum" means a proceeding conducted by the commission
7in which employees of the University of Wisconsin Hospitals and Clinics Authority
8in a collective bargaining unit may cast a secret ballot on the question of directing
9the labor organization and the employer to enter into a maintenance of membership
10agreement or to terminate such an agreement.
AB438,16 11Section 16. 111.04 (2) of the statutes is repealed.
AB438,17 12Section 17. 111.04 (3) (a) (intro.) of the statutes is amended to read:
AB438,7,1513 111.04 (3) (a) (intro.) No Except as provided in ss. 111.05 (5), 111.075, and
14111.13, no
person may require, as a condition of obtaining or continuing employment,
15an individual to do any of the following:
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