SB660,13,6
1111.70
(4) (cg) 7r. e. Comparison of the wages, hours and conditions of
2employment of the transit employees
, school district employees, cooperative
3educational service agency employees, or technical college employees involved in the
4arbitration proceedings with the wages, hours, and conditions of employment of
5other employees generally in public employment in the same community and in
6comparable communities.
SB660,29
7Section
29. 111.70 (4) (cg) 7r. f. of the statutes is amended to read:
SB660,13,138
111.70
(4) (cg) 7r. f. Comparison of the wages, hours and conditions of
9employment of the transit employees
, school district employees, cooperative
10educational service agency employees, or technical college employees involved in the
11arbitration proceedings with the wages, hours, and conditions of employment of
12other employees in private employment in the same community and in comparable
13communities.
SB660,30
14Section
30. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:
SB660,13,2015
111.70
(4) (cg) 7r. h. The overall compensation presently received by the transit
16employees
, school district employees, cooperative educational service agency
17employees, or technical college employees, including direct wage compensation,
18vacation, holidays, and excused time, insurance and pensions, medical and
19hospitalization benefits, the continuity and stability of employment, and all other
20benefits received.
SB660,31
21Section
31. 111.70 (4) (cg) 8m. of the statutes is amended to read:
SB660,14,1222
111.70
(4) (cg) 8m. `Term of agreement; reopening of negotiations.' Except for
23the initial collective bargaining agreement between the parties and except as the
24parties otherwise agree, every collective bargaining agreement covering transit
25employees
, school district employees, cooperative educational service agency
1employees, or technical college employees shall be for a term of 2 years, but in no case
2may a collective bargaining agreement for any collective bargaining unit consisting
3of transit employees
, school district employees, cooperative educational service
4agency employees, or technical college employees subject to this paragraph be for a
5term exceeding 3 years. No arbitration award involving transit employees
, school
6district employees, cooperative educational service agency employees, or technical
7college employees may contain a provision for reopening of negotiations during the
8term of a collective bargaining agreement, unless both parties agree to such a
9provision. The requirement for agreement by both parties does not apply to a
10provision for reopening of negotiations with respect to any portion of an agreement
11that is declared invalid by a court or administrative agency or rendered invalid by
12the enactment of a law or promulgation of a federal regulation.
SB660,32
13Section
32. 111.70 (4) (d) 1. of the statutes is amended to read:
SB660,15,414
111.70
(4) (d) 1. A representative chosen for the purposes of collective
15bargaining by a majority of the public safety employees
or, transit employees
, school
16district employees, cooperative educational service agency employees, or technical
17college employees voting in a collective bargaining unit shall be the exclusive
18representative of all employees in the unit for the purpose of collective bargaining.
19A representative chosen for the purposes of collective bargaining by at least 51
20percent of the general municipal employees in a collective bargaining unit shall be
21the exclusive representative of all employees in the unit for the purpose of collective
22bargaining. Any individual employee, or any minority group of employees in any
23collective bargaining unit, shall have the right to present grievances to the municipal
24employer in person or through representatives of their own choosing, and the
25municipal employer shall confer with the employee in relation thereto, if the majority
1representative has been afforded the opportunity to be present at the conferences.
2Any adjustment resulting from these conferences may not be inconsistent with the
3conditions of employment established by the majority representative and the
4municipal employer.
SB660,33
5Section 33
. 111.70 (4) (d) 2. a. of the statutes is amended to read:
SB660,16,176
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
7bargaining unit for the purpose of collective bargaining and shall whenever possible
8avoid fragmentation by maintaining as few collective bargaining units as practicable
9in keeping with the size of the total municipal workforce. The commission may
10decide whether, in a particular case, the municipal employees in the same or several
11departments, divisions, institutions, crafts, professions, or other occupational
12groupings constitute a collective bargaining unit. Before making its determination,
13the commission may provide an opportunity for the municipal employees concerned
14to determine, by secret ballot, whether they desire to be established as a separate
15collective bargaining unit. The commission may not decide, however, that any group
16of municipal employees constitutes an appropriate collective bargaining unit if the
17group includes both professional employees and nonprofessional employees, unless
18a majority of the professional employees vote for inclusion in the unit. The
19commission may not decide that any group of municipal employees constitutes an
20appropriate collective bargaining unit if the group includes both school district
21employees and general municipal employees who are not school district employees.
22The commission may not decide that any group of municipal employees constitutes
23an appropriate collective bargaining unit if the group includes cooperative
24educational service agency employees and municipal employees who are not
25cooperative educational service agency employees. The commission may not decide
1that any group of municipal employees constitutes an appropriate collective
2bargaining unit if the group includes technical college employees and municipal
3employees who are not technical college employees. The commission may not decide
4that any group of municipal employees constitutes an appropriate collective
5bargaining unit if the group includes both public safety employees and general
6municipal employees, if the group includes both transit employees and general
7municipal employees, or if the group includes both transit employees and public
8safety employees. The commission may not decide that any group of municipal
9employees constitutes an appropriate collective bargaining unit if the group includes
10both craft employees and noncraft employees unless a majority of the craft employees
11vote for inclusion in the unit. The commission shall place the professional employees
12who are assigned to perform any services at a charter school, as defined in s. 115.001
13(1), in a separate collective bargaining unit from a unit that includes any other
14professional employees whenever at least 30 percent of those professional employees
15request an election to be held to determine that issue and a majority of the
16professional employees at the charter school who cast votes in the election decide to
17be represented in a separate collective bargaining unit.
SB660,34
18Section
34. 111.70 (4) (p) of the statutes is amended to read:
SB660,17,419
111.70
(4) (p)
Permissive subjects of collective bargaining; public safety and
20employees, transit employees, school district employees, cooperative educational
21service agency employees, and technical college employees. A municipal employer is
22not required to bargain with public safety employees
or
, transit employees
, school
23district employees, cooperative educational service agency employees, or technical
24college employees on subjects reserved to management and direction of the
25governmental unit except insofar as the manner of exercise of such functions affects
1the wages, hours, and conditions of employment of the public safety employees
or, of
2the transit employees
, of the school district employees, of the cooperative educational
3service agency employees, or of the technical college employees in a collective
4bargaining unit.
SB660,35
5Section 35
. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
SB660,17,216
111.70
(7m) (c) 1. a. Any labor organization that represents public safety
7employees or transit employees which violates sub. (4) (L) may not collect any dues
8under a collective bargaining agreement or under a fair-share agreement from any
9employee covered by either agreement for a period of one year. At the end of the
10period of suspension, any such agreement shall be reinstated unless the labor
11organization is no longer authorized to represent the public safety employees or
12transit employees covered by the collective bargaining agreement or fair-share
13agreement or the agreement is no longer in effect.
Any labor organization that
14represents school district employees, cooperative educational service agency
15employees, or technical college employees which violates sub. (4) (L) may not collect
16any dues under a collective bargaining agreement from any employee covered by the
17agreement for a period of one year. At the end of the period of suspension, any such
18agreement shall be reinstated unless the labor organization is no longer authorized
19to represent the school district employees, cooperative educational service agency
20employees, or technical college employees covered by the agreement or the
21agreement is no longer in effect.
SB660,36
22Section 36
. 111.81 (1) of the statutes is amended to read:
SB660,18,823
111.81
(1) “Collective bargaining" means the performance of the mutual
24obligation of the state as an employer, by its officers and agents, and the
25representatives of its employees, to meet and confer at reasonable times, in good
1faith, with respect to the subjects of bargaining provided in s. 111.91 (1), with respect
2to public safety employees
and employees represented by a collective bargaining unit
3under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), and to the subjects of bargaining
4provided in s. 111.91 (3), with respect to general employees, with the intention of
5reaching an agreement, or to resolve questions arising under such an agreement.
6The duty to bargain, however, does not compel either party to agree to a proposal or
7require the making of a concession. Collective bargaining includes the reduction of
8any agreement reached to a written and signed document.
SB660,37
9Section
37. 111.81 (9g) of the statutes is amended to read:
SB660,18,1210
111.81
(9g) “General employee" means an employee who is not a public safety
11employee
or an employee who is represented by a collective bargaining unit under
12s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t).
SB660,38
13Section
38. 111.81 (12m) of the statutes is amended to read:
SB660,18,2114
111.81
(12m) “Maintenance of membership agreement" means an agreement
15between the employer and a labor organization representing public safety employees
16or a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) 17which requires that all of the
public safety employees whose dues are being deducted
18from earnings under s. 20.921 (1) or 111.84 (1) (f) at the time the agreement takes
19effect shall continue to have dues deducted for the duration of the agreement, and
20that dues shall be deducted from the earnings of all
public safety such employees who
21are hired on or after the effective date of the agreement.
SB660,39
22Section
39. 111.81 (16) of the statutes is amended to read:
SB660,19,623
111.81
(16) “Referendum" means a proceeding conducted by the commission in
24which public safety employees in a collective bargaining unit may cast a secret ballot
25on the question of directing the labor organization and the employer to enter into a
1fair-share or maintenance of membership agreement or to terminate such an
2agreement
or a proceeding conducted by the commission in which employees
3represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei),
4or (f) or (1t) may cast a secret ballot on the question of directing the labor organization
5and the employer to enter into a maintenance of membership agreement or to
6terminate such an agreement.
SB660,40
7Section
40. 111.825 (5) of the statutes is amended to read:
SB660,19,228
111.825
(5) Although supervisors are not considered employees for purposes
9of this subchapter, the commission may consider a petition for a statewide collective
10bargaining unit of professional supervisors or a statewide unit of nonprofessional
11supervisors in the classified service, but the representative of supervisors may not
12be affiliated with any labor organization representing employees. For purposes of
13this subsection, affiliation does not include membership in a national, state, county
14or municipal federation of national or international labor organizations. The
15certified representative of supervisors who are not public safety employees
or
16employees represented by a collective bargaining unit under sub. (1r) (a) to (ec), (eh),
17(ei), or (f) or (1t) may not bargain collectively with respect to any matter other than
18wages as provided in s. 111.91 (3), and the certified representative of supervisors who
19are public safety employees
or employees represented by a collective bargaining unit
20under sub. (1r) (a) to (ec), (eh), (ei), or (f) or (1t) may not bargain collectively with
21respect to any matter other than wages and fringe benefits as provided in s. 111.91
22(1).
SB660,41
23Section
41. 111.83 (1) of the statutes is amended to read:
SB660,20,1324
111.83
(1) Except as provided in sub. (5), a representative chosen for the
25purposes of collective bargaining by at least 51 percent of the general employees in
1a collective bargaining unit shall be the exclusive representative of all of the
2employees in such unit for the purposes of collective bargaining. A representative
3chosen for the purposes of collective bargaining by a majority of the public safety
4employees
or employees represented by a collective bargaining unit under s. 111.825
5(1r) (a) to (ec), (eh), (ei), or (f) or (1t) voting in a collective bargaining unit shall be the
6exclusive representative of all of the employees in such unit for the purposes of
7collective bargaining. Any individual employee, or any minority group of employees
8in any collective bargaining unit, may present grievances to the employer in person,
9or through representatives of their own choosing, and the employer shall confer with
10the employee or group of employees in relation thereto if the majority representative
11has been afforded the opportunity to be present at the conference. Any adjustment
12resulting from such a conference may not be inconsistent with the conditions of
13employment established by the majority representative and the employer.
SB660,42
14Section
42. 111.83 (5) (d) of the statutes is amended to read:
SB660,20,2115
111.83
(5) (d) If at an election held under par. (b),
at least 51 percent a majority 16of the employees
in the collective bargaining unit
eligible to vote in the election and
17voting in the election at all institutions in which the choice to participate in collective
18bargaining receives
at least 51 percent a majority of the eligible votes elect to be
19represented by a single labor organization, that labor organization shall be the
20exclusive representative for all employees in that collective bargaining unit, except
21those excluded under par. (c).
SB660,43
22Section
43. 111.83 (5) (e) of the statutes is amended to read:
SB660,21,423
111.83
(5) (e) If at an election held under par. (b),
at least 51 percent a majority
24of the employees
in the collective bargaining unit eligible to vote in the election and
25voting in the election at all institutions in which the choice to participate in collective
1bargaining receives
at least 51 percent
a majority of the eligible votes do not elect to
2be represented by a single labor organization, the commission may hold one or more
3runoff elections under sub. (4) until one representative receives
at least 51 percent 4a majority of the eligible votes.
SB660,44
5Section
44. 111.83 (5) (f) of the statutes is amended to read:
SB660,21,166
111.83
(5) (f) Notwithstanding par. (b), if a labor organization is certified to
7represent the employees within the collective bargaining unit at one or more
8institutions, and a petition is filed with the commission indicating a showing of
9interest by the employees at an institution which is not a part of the unit under par.
10(c) to be represented by a labor organization, the only question which may appear on
11the ballot shall be whether the employees desire to participate in collective
12bargaining. A petition under this paragraph may be filed only during June in an
13even-numbered year. If
at least 51 percent a majority of the employees
eligible to
14vote in the election at the institution who are included within the collective
15bargaining unit vote to participate in collective bargaining, the employees at that
16institution shall become a part of that collective bargaining unit.
SB660,45
17Section
45. 111.84 (1) (f) of the statutes is amended to read:
SB660,22,418
111.84
(1) (f) To deduct labor organization dues from the earnings of a public
19safety employee,
or an employee who is represented by a collective bargaining unit
20under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), unless the employer has been
21presented with an individual order therefor, signed by the
public safety employee
22personally, and terminable by at least the end of any year of its life or earlier by the
23public safety employee giving at least 30 but not more than 120 days' written notice
24of such termination to the employer and to the representative labor organization,
25except if there is a fair-share or maintenance of membership agreement in effect
for
1a public safety employee, or a maintenance of membership agreement in effect for
2an employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to
3(ec), (eh), (ei), or (f) or (1t). The employer shall give notice to the labor organization
4of receipt of such notice of termination.
SB660,46
5Section
46. 111.85 (1) (a) of the statutes is amended to read:
SB660,22,206
111.85
(1) (a) No fair-share or maintenance of membership agreement
7covering public safety employees may become effective unless authorized by a
8referendum.
No maintenance of membership agreement covering employees
9represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei),
10or (f) or (1t) may become effective unless authorized by a referendum. The
11commission shall order a referendum whenever it receives a petition supported by
12proof that at least 30 percent of the public safety employees in a collective bargaining
13unit desire that a fair-share or maintenance of membership agreement be entered
14into between the employer and a labor organization.
The commission shall order a
15referendum whenever it receives a petition supported by proof that at least 30
16percent of the employees represented by a collective bargaining unit under s. 111.825
17(1r) (a) to (ec), (eh), (ei), or (f) or (1t) desire that a maintenance of membership
18agreement be entered into between the employer and a labor organization. A petition
19may specify that a referendum is requested on a maintenance of membership
20agreement only, in which case the ballot shall be limited to that question.
SB660,47
21Section
47. 111.85 (1) (b) of the statutes is amended to read:
SB660,23,522
111.85
(1) (b) For a fair-share agreement to be authorized, at least two-thirds
23of the eligible public safety employees voting in a referendum shall vote in favor of
24the agreement. For a maintenance of membership agreement to be authorized, at
25least a majority of the eligible public safety employees
or employees represented by
1a collective bargaining unit under s. 111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) 2voting in a referendum shall vote in favor of the agreement. In a referendum on a
3fair-share agreement, if less than two-thirds but more than one-half of the eligible
4public safety employees vote in favor of the agreement, a maintenance of
5membership agreement is authorized.
SB660,48
6Section
48. 111.85 (1) (c) of the statutes is amended to read:
SB660,23,207
111.85
(1) (c) If a fair-share or maintenance of membership agreement is
8authorized in a referendum, the employer shall enter into such an agreement with
9the labor organization named on the ballot in the referendum. Each fair-share or
10maintenance of membership agreement shall contain a provision requiring the
11employer to deduct the amount of dues as certified by the labor organization from the
12earnings of the
public safety employees affected by the agreement and to pay the
13amount so deducted to the labor organization. Unless the parties agree to an earlier
14date, the agreement shall take effect 60 days after certification by the commission
15that the referendum vote authorized the agreement. The employer shall be held
16harmless against any claims, demands, suits and other forms of liability made by
17public safety employees or local labor organizations which may arise for actions
18taken by the employer in compliance with this section. All such lawful claims,
19demands, suits and other forms of liability are the responsibility of the labor
20organization entering into the agreement.
SB660,49
21Section
49. 111.85 (1) (d) of the statutes is amended to read:
SB660,24,922
111.85
(1) (d) Under each fair-share or maintenance of membership
23agreement, a public safety employee who has religious convictions against dues
24payments to a labor organization based on teachings or tenets of a church or religious
25body of which he or she is a member shall, on request to the labor organization, have
1his or her dues paid to a charity mutually agreed upon by the public safety employee
2and the labor organization.
Under each maintenance of membership agreement, an
3employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec),
4(eh), (ei), or (f) or (1t) who has religious convictions against dues payments to a labor
5organization based on teachings or tenets of a church or religious body of which he
6or she is a member shall, on request to the labor organization, have his or her dues
7paid to a charity mutually agreed upon by the employee and the labor organization. 8Any dispute concerning this paragraph may be submitted to the commission for
9adjudication.
SB660,50
10Section
50. 111.85 (2) (a) of the statutes is amended to read:
SB660,25,711
111.85
(2) (a) Once authorized, a fair-share or maintenance of membership
12agreement covering public safety employees
or a maintenance of membership
13agreement covering employees represented by a collective bargaining unit under s.
14111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) shall continue in effect, subject to the
15right of the employer or labor organization concerned to petition the commission to
16conduct a new referendum. Such petition must be supported by proof that at least
1730 percent of the public safety employees in the collective bargaining unit desire that
18the fair-share or maintenance of membership agreement be discontinued. Upon so
19finding, the commission shall conduct a new referendum. If the continuance of the
20fair-share or maintenance of membership agreement is approved in the referendum
21by at least the percentage of eligible voting public safety employees required for its
22initial authorization, it shall be continued in effect, subject to the right of the
23employer or labor organization to later initiate a further vote following the procedure
24prescribed in this subsection.
If the continuance of the maintenance of membership
25agreement is approved in the referendum by at least the percentage of eligible voting
1employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec),
2(eh), (ei), or (f) or (1t) required for its initial authorization, it shall be continued in
3effect, subject to the right of the employer or labor organization to later initiate a
4further vote following the procedure prescribed in this subsection. If the
5continuation of the agreement is not supported in any referendum, it is deemed
6terminated at the termination of the collective bargaining agreement, or one year
7from the date of the certification of the result of the referendum, whichever is earlier.
SB660,51
8Section
51. 111.85 (2) (b) of the statutes is amended to read:
SB660,25,189
111.85
(2) (b) The commission shall declare any fair-share or maintenance of
10membership agreement suspended upon such conditions and for such time as the
11commission decides whenever it finds that the labor organization involved has
12refused on the basis of race, color, sexual orientation or creed to receive as a member
13any public safety employee in the collective bargaining unit involved,
or any
14employee represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec),
15(eh), (ei), or (f) or (1t), and the agreement shall be made subject to the findings and
16orders of the commission. Any of the parties to the agreement, or any
public safety 17employee covered thereby, may come before the commission, as provided in s. 111.07,
18and petition the commission to make such a finding.
SB660,52
19Section
52. 111.85 (4) of the statutes is amended to read:
SB660,25,2420
111.85
(4) The commission may, under rules adopted for that purpose, appoint
21as its agent an official of a state agency whose public safety employees
or whose
22employees represented by a collective bargaining unit under s. 111.825 (1r) (a) to (ec),
23(eh), (ei), or (f) or (1t) are entitled to vote in a referendum to conduct a referendum
24provided for herein.
SB660,53
25Section 53
. 111.91 (1) (a) of the statutes is amended to read:
SB660,26,11
1111.91
(1) (a) Except as provided in pars. (b) to (d), with regard to a collective
2bargaining unit under s. 111.825 (1) (g),
and except as provided in pars. (b) and (c),
3with respect to employees represented by a collective bargaining unit under s.
4111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t), matters subject to collective bargaining
5to the point of impasse are wage rates, consistent with sub. (2), the assignment and
6reassignment of classifications to pay ranges, determination of an incumbent's pay
7status resulting from position reallocation or reclassification, and pay adjustments
8upon temporary assignment of classified public safety employees to duties of a higher
9classification or downward reallocations of a classified public safety employee's
10position; fringe benefits consistent with sub. (2); hours and conditions of
11employment.
SB660,54
12Section 54
. 111.91 (1) (b) of the statutes is amended to read:
SB660,26,1813
111.91
(1) (b) The employer is not required to bargain with a collective
14bargaining unit under s. 111.825 (1) (g)
or a collective bargaining unit under s.
15111.825 (1r) (a) to (ec), (eh), (ei), or (f) or (1t) on management rights under s. 111.90,
16except that procedures for the adjustment or settlement of grievances or disputes
17arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a
18subject of bargaining.
SB660,55
19Section 55
. 111.91 (1) (c) of the statutes is amended to read:
SB660,26,2220
111.91
(1) (c) The employer is prohibited from bargaining with a collective
21bargaining unit under s. 111.825 (1) (g)
, (1r) (a) to (ec), (eh), (ei), or (f), or (1t) on
22matters contained in sub. (2).
SB660,56
23Section 56
. 111.93 (3) (a) of the statutes is amended to read:
SB660,27,724
111.93
(3) (a) If a collective bargaining agreement exists between the employer
25and a labor organization representing employees in a collective bargaining unit
1under s. 111.825 (1) (g)
, (1r) (a) to (ec), (eh), (ei), or (f), or (1t), the provisions of that
2agreement shall supersede the provisions of civil service and other applicable
3statutes, as well as rules and policies of the University of Wisconsin-Madison and
4the board of regents of the University of Wisconsin System, related to wages, fringe
5benefits, hours, and conditions of employment whether or not the matters contained
6in those statutes, rules, and policies are set forth in the collective bargaining
7agreement.
SB660,57
8Section 57
. Subchapter VI of chapter 111 [precedes 111.95] of the statutes is
9created to read:
SB660,27,1010
CHAPTER 111
SB660,27,1111
SUBCHAPTER VI
SB660,27,1412
UNIVERSITY OF WISCONSIN SYSTEM
13
FACULTY AND ACADEMIC STAFF
14
LABOR RELATIONS
SB660,27,18
15111.95 Declaration of policy. The public policy of the state as to labor
16relations and collective bargaining involving faculty and academic staff at the
17University of Wisconsin System, in furtherance of which this subchapter is enacted,
18is as follows:
SB660,27,21
19(1) The people of the state of Wisconsin have a fundamental interest in
20developing harmonious and cooperative labor relations within the University of
21Wisconsin System.
SB660,27,25
22(2) It recognizes that there are 3 major interests involved: that of the public,
23that of the employee, and that of the employer. These 3 interests are to a considerable
24extent interrelated. It is the policy of this state to protect and promote each of these
25interests with due regard to the rights of the others.
SB660,28,1
1111.96 Definitions. In this subchapter:
SB660,28,4
2(1) “Academic staff" means academic staff under s. 36.15, but does not include
3any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is
4appointed to a visiting faculty position.
SB660,28,5
5(2) “Board" means the Board of Regents of the University of Wisconsin System.
SB660,28,13
6(3) “Collective bargaining" means the performance of the mutual obligation of
7the state as an employer, by its officers and agents, and the representatives of its
8employees, to meet and confer at reasonable times, in good faith, with respect to the
9subjects of bargaining provided in s. 111.998 with the intention of reaching an
10agreement, or to resolve questions arising under such an agreement. The duty to
11bargain, however, does not compel either party to agree to a proposal or require the
12making of a concession. Collective bargaining includes the reduction of any
13agreement reached to a written and signed document.
SB660,28,14
14(4) “Collective bargaining unit" means a unit established under s. 111.98 (1).
SB660,28,15
15(5) “Commission" means the employment relations commission.
SB660,28,17
16(6) “Division” means the division of personnel management in the department
17of administration.
SB660,28,20
18(7) “Election" means a proceeding conducted by the commission in which the
19employees in a collective bargaining unit cast a secret ballot for collective bargaining
20representatives, or for any other purpose specified in this subchapter.
SB660,28,21
21(8) “Employee" includes:
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(a) All faculty, including faculty who are supervisors or management
23employees, but not including faculty holding a limited appointment under s. 36.17
24or deans.
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1(b) All academic staff, except for supervisors, management employees, and
2individuals who are privy to confidential matters affecting the employer-employee
3relationship.
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4(9) “Employer" means the state of Wisconsin.
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5(10) “Faculty" means faculty under s. 36.13, except for an individual holding
6an appointment under s. 36.15.
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7(11) “Fair-share agreement" means an agreement between the employer and
8a labor organization representing employees under which all of the employees in a
9collective bargaining unit are required to pay their proportionate share of the cost
10of the collective bargaining process and contract administration measured by the
11amount of dues uniformly required of all members.
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12(12) “Institution" has the meaning given in s. 36.05 (9).
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13(13) “Labor dispute" means any controversy with respect to the subjects of
14bargaining provided in this subchapter.
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15(14) “Labor organization" means any employee organization whose purpose is
16to represent employees in collective bargaining with the employer, or its agents, on
17matters pertaining to terms and conditions of employment, but does not include any
18organization that does any of the following:
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(a) Advocates the overthrow of the constitutional form of government in the
20United States.
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(b) Discriminates with regard to the terms or conditions of membership
22because of race, color, creed, sex, age, sexual orientation, or national origin.
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23(15) “Maintenance of membership agreement" means an agreement between
24the employer and a labor organization representing employees that requires that all
25of the employees whose dues are being deducted from earnings under s. 20.921 (1)
1or 111.992 (1) (b) at or after the time the agreement takes effect continue to have dues
2deducted for the duration of the agreement and that dues be deducted from the
3earnings of all employees who are hired on or after the effective date of the
4agreement.
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5(16) “Management employees" includes those personnel engaged
6predominately in executive and managerial functions.
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7(17) “Representative" includes any person chosen by an employee to represent
8the employee.
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9(18) “Strike" includes any strike or other concerted stoppage of work by
10employees, any concerted slowdown or other concerted interruption of operations or
11services by employees, or any concerted refusal to work or perform their usual duties
12as employees of the state.
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13(19) “Supervisor" means any individual whose principal work is different from
14that of the individual's subordinates and who has authority, in the interest of the
15employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
16reward, or discipline employees, or to adjust their grievances, or to authoritatively
17recommend such action, if the individual's exercise of such authority is not of a
18merely routine or clerical nature, but requires the use of independent judgment.
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19(20) “Unfair labor practice" means any unfair labor practice specified in s.
20111.991.