AB687: Bill Text

LRB-5068/1

MIM:cjs

2021 - 2022 LEGISLATURE

2021 Assembly BILL 687

November 12, 2021 - Introduced by Representatives Shankland, Hesselbein, Subeck, Neubauer, Sinicki, Emerson, Considine, Billings, Spreitzer, Hintz, Anderson, Vining, Stubbs, Vruwink, Doyle, Baldeh, Milroy, Ohnstad, S. Rodriguez, Pope, Conley, Shelton, Hebl, Hong, Brostoff, Snodgrass, Haywood, Moore Omokunde, Goyke, Andraca, Bowen, Cabrera, Drake, McGuire, B. Meyers, L. Myers, Ortiz-Velez and Riemer, cosponsored by Senators Larson, Roys, Agard, Ringhand, Wirch, Johnson, Carpenter, Bewley, Smith, Pfaff, Erpenbach and L. Taylor. Referred to Committee on Labor and Integrated Employment.

AB687,2,3 An Act to amend 7.33 (4), 13.111 (2), 16.50 (3) (e), 19.82 (1), 19.85 (3), 19.86, 20.425 (1) (a), 20.425 (1) (i), 20.505 (1) (ks), 20.505 (1) (kz), 20.917 (3) (b), 20.921 (1) (a) 2., 20.923 (6) (intro.), 36.09 (1) (j), 40.02 (25) (b) 8., 40.05 (4g) (a) 4., 40.80 (3), 40.81 (3), 111.70 (1) (a), 111.70 (1) (fm), 111.70 (1) (j), 111.70 (3) (a) 5., 111.70 (3) (a) 6., 111.70 (4) (cg) (title), 1. to 5. and 6. a., 111.70 (4) (cg) 7r. d., 111.70 (4) (cg) 7r. e., 111.70 (4) (cg) 7r. f., 111.70 (4) (cg) 7r. h., 111.70 (4) (cg) 8m., 111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (p), 111.70 (7m) (c) 1. a., 111.81 (1), 111.81 (9g), 111.81 (12m), 111.81 (16), 111.825 (5), 111.83 (1), 111.83 (5) (d), 111.83 (5) (e), 111.83 (5) (f), 111.84 (1) (f), 111.85 (1) (a), 111.85 (1) (b), 111.85 (1) (c), 111.85 (1) (d), 111.85 (2) (a), 111.85 (2) (b), 111.85 (4), 111.91 (1) (a), 111.91 (1) (b), 111.91 (1) (c), 111.93 (3) (a), 230.01 (3), 230.046 (10) (a), 230.12 (3) (e) 1., 230.35 (2d) (e), 230.35 (3) (e) 6. and 230.88 (2) (b); and to create 111.70 (1) (cn), 111.70 (1) (om) and subchapter VI of chapter 111 [precedes 111.95] of the statutes; relating to: collective bargaining for employees of school districts, employees of cooperative educational service agencies, employees of technical college districts, and employees of the University of Wisconsin System and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill allows employees of school districts, employees of cooperative educational service agencies, and employees of technical college districts, if the employees are not in managerial or supervisory positions, to collectively bargain over wages, hours, and conditions of employment. This bill also allows the University of Wisconsin System and employees to collectively bargain over wages, hours, and conditions of employment. Finally, the bill allows faculty and academic staff of the UW System to organize and to collectively bargain over wages, hours, and conditions of employment. Under current law, public employers and employees are prohibited from bargaining collectively except as expressly provided in the statutes.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB687,1 Section 1. 7.33 (4) of the statutes is amended to read:

AB687,2,14 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB687,2 Section 2. 13.111 (2) of the statutes is amended to read:

AB687,3,3 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch. 230, and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923.

AB687,3 Section 3. 16.50 (3) (e) of the statutes is amended to read:

AB687,3,7 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V or VI of ch. 111.

AB687,4 Section 4. 19.82 (1) of the statutes is amended to read:

AB687,3,17 19.82 (1) “Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a long-term care district under s. 46.2895; or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV, or V, or VI of ch. 111.

AB687,5 Section 5. 19.85 (3) of the statutes is amended to read:

AB687,3,22 19.85 (3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111 which has been negotiated by such body or on its behalf.

AB687,6 Section 6. 19.86 of the statutes is amended to read:

AB687,4,4 19.86 Notice of collective bargaining negotiations. Notwithstanding s. 19.82 (1), where notice has been given by either party to a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111 to reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given by the employer's chief officer or such person's designee.

AB687,7 Section 7. 20.425 (1) (a) of the statutes is amended to read:

AB687,4,7 20.425 (1) (a) General program operations. The amounts in the schedule for the purposes provided in subchs. I, IV, and V , and VI of ch. 111 and s. 230.45 (1).

AB687,8 Section 8. 20.425 (1) (i) of the statutes is amended to read:

AB687,4,21 20.425 (1) (i) Fees, collective bargaining training, publications, and appeals. The amounts in the schedule for the performance of fact-finding, mediation, certification, and arbitration functions, for the provision of copies of transcripts, for the cost of operating training programs under ss. 111.09 (3), 111.71 (5m), and 111.94 (3), for the preparation of publications, transcripts, reports, and other copied material, and for costs related to conducting appeals under s. 230.45. All moneys received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3) (b), 111.94 (1) and (2), 111.9993, and 230.45 (3), all moneys received from arbitrators and arbitration panel members, and individuals who are interested in serving in such positions, and from individuals and organizations who participate in other collective bargaining training programs conducted by the commission, and all moneys received from the sale of publications, transcripts, reports, and other copied material shall be credited to this appropriation account.

AB687,9 Section 9. 20.505 (1) (ks) of the statutes is amended to read:

AB687,5,8 20.505 (1) (ks) Collective bargaining grievance arbitrations. The amounts in the schedule for the payment of the state's share of costs related to collective bargaining grievance arbitrations under s. 111.86 and related to collective bargaining grievance arbitrations under s. 111.993. All moneys received from state agencies for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.86 and to reimburse the state's share of costs for training related to grievance arbitrations, and all moneys received from institutions, as defined in s. 36.05 (9), for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.993 and to reimburse the state's share of costs for training related to grievance arbitrations shall be credited to this appropriation account.

AB687,10 Section 10. 20.505 (1) (kz) of the statutes is amended to read:

AB687,5,16 20.505 (1) (kz) General program operations. The amounts in the schedule to administer state employment relations functions and the civil service system under subch. subchs. V and VI of ch. 111 and ch. 230, to pay awards under s. 230.48, and to defray the expenses of the state employees suggestion board. All moneys received from state agencies for materials and services provided by the division of personnel management in the department of administration shall be credited to this appropriation.

AB687,11 Section 11. 20.917 (3) (b) of the statutes is amended to read:

AB687,5,21 20.917 (3) (b) This subsection applies to employees in all positions in the civil service, including those employees in positions included in collective bargaining units under subch. V or VI of ch. 111, whether or not the employees are covered by a collective bargaining agreement.

AB687,12 Section 12. 20.921 (1) (a) 2. of the statutes is amended to read:

AB687,5,25 20.921 (1) (a) 2. If the state employee is a public safety employee under s. 111.81 (15r), or an employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), payment of dues to employee organizations.

AB687,13 Section 13. 20.923 (6) (intro.) of the statutes is amended to read:

AB687,6,6 20.923 (6) Salaries set by appointing authorities. (intro.) Salaries for the following positions may be set by the appointing authority, subject to restrictions otherwise set forth in the statutes and the compensation plan under s. 230.12, except where the salaries are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998:

AB687,14 Section 14. 36.09 (1) (j) of the statutes is amended to read:

AB687,7,5 36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998, the board shall establish salaries for persons prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to recognize merit, to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the secretary of administration and administrator of the division of personnel management in the department of administration concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.

AB687,15 Section 15. 40.02 (25) (b) 8. of the statutes is amended to read:

AB687,7,9 40.02 (25) (b) 8. Any other state employee for whom coverage is authorized under a collective bargaining agreement pursuant to subch. V or VI of ch. 111 or under s. 230.12 or 233.10.

AB687,16 Section 16. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB687,7,16 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the administrator of the division of personnel management in the department of administration or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

AB687,17 Section 17. 40.80 (3) of the statutes is amended to read:

AB687,7,19 40.80 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. V or VI of ch. 111.

AB687,18 Section 18. 40.81 (3) of the statutes is amended to read:

AB687,7,22 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.

AB687,19 Section 19. 111.70 (1) (a) of the statutes is amended to read:

AB687,8,13 111.70 (1) (a) “Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or, transit employees, school district employees, cooperative educational service agency employees, and technical college employees, and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e), except as provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB687,20 Section 20 . 111.70 (1) (cn) of the statutes is created to read:

AB687,8,16 111.70 (1) (cn) “Cooperative educational service agency employee” means a municipal employee who is employed by a cooperative educational service agency.

AB687,21 Section 21. 111.70 (1) (fm) of the statutes is amended to read:

AB687,8,20 111.70 (1) (fm) “General municipal employee" means a municipal employee who is not a public safety employee or, a transit employee, a school district employee, a cooperative educational service agency employee, or a technical college employee.

AB687,22 Section 22. 111.70 (1) (j) of the statutes is amended to read:

AB687,9,3 111.70 (1) (j) “Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, cooperative educational service agency, district board, as defined in s. 38.01 (6), long-term care district, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

AB687,23 Section 23. 111.70 (1) (om) of the statutes is created to read:

AB687,9,6 111.70 (1) (om) “Technical college employee” means a municipal employee who is employed by a district board, as defined in s. 38.01 (6).

AB687,24 Section 24. 111.70 (3) (a) 5. of the statutes is amended to read:

AB687,9,17 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting public safety employees or, transit employees, school district employees, cooperative educational service agency employees, or technical college employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB687,25 Section 25. 111.70 (3) (a) 6. of the statutes is amended to read:

AB687,9,25 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public safety employee or, a transit employee, a school district employee, a cooperative educational service agency employee, or a technical college employee, unless the municipal employer has been presented with an individual order therefor, signed by the employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee or, transit employee, school district employee, cooperative educational service agency employee, or technical college employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except when a fair-share agreement is in effect.

AB687,26 Section 26. 111.70 (4) (cg) (title), 1. to 5. and 6. a. of the statutes are amended to read:

AB687,10,19 111.70 (4) (cg) (title) Methods for peaceful settlement of disputes; transit employees, school district employees, cooperative educational service agency employees, and technical college employees. 1. `Notice of commencement of contract negotiations.' To advise the commission of the commencement of contract negotiations involving a collective bargaining unit containing transit employees, school district employees, cooperative educational service agency employees, or technical college employees, whenever either party requests the other to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no collective bargaining agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide notice, the other party may provide notice to the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall provide any additional information the commission may require on a form provided by the commission.

AB687,11,3 2. `Presentation of initial proposals; open meetings.' The meetings between parties to a collective bargaining agreement or proposed collective bargaining agreement under this subchapter that involve a collective bargaining unit containing a transit employee, a school district employee, a cooperative educational service agency employee, or a technical college employee and that are held to present initial bargaining proposals, along with supporting rationale, are open to the public. Each party shall submit its initial bargaining proposals to the other party in writing. Failure to comply with this subdivision does not invalidate a collective bargaining agreement under this subchapter.

AB687,11,9 3. `Mediation.' The commission or its designee shall function as mediator in labor disputes involving transit employees, school district employees, cooperative educational service agency employees, or technical college employees upon request of one or both of the parties, or upon initiation of the commission. The function of the mediator is to encourage voluntary settlement by the parties. No mediator has the power of compulsion.

AB687,11,16 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a transit employee, a school district employee, a cooperative educational service agency employee, or a technical college employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial, and disinterested person to serve as an arbitrator.

AB687,12,2 5. `Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer that employs a transit employee, a school district employee, a cooperative educational service agency employee, or a technical college employee and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. The parties shall file a copy of the agreement with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7. and 7g.

AB687,12,18 6. a. If in any collective bargaining unit containing transit employees , school district employees, cooperative educational service agency employees, or technical college employees a dispute has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours, or conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final, and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission when the petition is filed.

AB687,27 Section 27. 111.70 (4) (cg) 7r. d. of the statutes is amended to read:

AB687,12,24 111.70 (4) (cg) 7r. d. Comparison of wages, hours and conditions of employment of the transit employees, school district employees, cooperative educational service agency employees, or technical college employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees performing similar services.

AB687,28 Section 28. 111.70 (4) (cg) 7r. e. of the statutes is amended to read:

AB687,13,6 111.70 (4) (cg) 7r. e. Comparison of the wages, hours and conditions of employment of the transit employees, school district employees, cooperative educational service agency employees, or technical college employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees generally in public employment in the same community and in comparable communities.

AB687,29 Section 29. 111.70 (4) (cg) 7r. f. of the statutes is amended to read:

AB687,13,13 111.70 (4) (cg) 7r. f. Comparison of the wages, hours and conditions of employment of the transit employees, school district employees, cooperative educational service agency employees, or technical college employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees in private employment in the same community and in comparable communities.

AB687,30 Section 30. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:

AB687,13,20 111.70 (4) (cg) 7r. h. The overall compensation presently received by the transit employees, school district employees, cooperative educational service agency employees, or technical college employees, including direct wage compensation, vacation, holidays, and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

AB687,31 Section 31. 111.70 (4) (cg) 8m. of the statutes is amended to read:

AB687,14,12 111.70 (4) (cg) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering transit employees, school district employees, cooperative educational service agency employees, or technical college employees shall be for a term of 2 years, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of transit employees, school district employees, cooperative educational service agency employees, or technical college employees subject to this paragraph be for a term exceeding 3 years. No arbitration award involving transit employees, school district employees, cooperative educational service agency employees, or technical college employees may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB687,32 Section 32. 111.70 (4) (d) 1. of the statutes is amended to read:

AB687,15,4 111.70 (4) (d) 1. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees or, transit employees, school district employees, cooperative educational service agency employees, or technical college employees voting in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. A representative chosen for the purposes of collective bargaining by at least 51 percent of the general municipal employees in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, shall have the right to present grievances to the municipal employer in person or through representatives of their own choosing, and the municipal employer shall confer with the employee in relation thereto, if the majority representative has been afforded the opportunity to be present at the conferences. Any adjustment resulting from these conferences may not be inconsistent with the conditions of employment established by the majority representative and the municipal employer.