AB68-SSA1,901,2520
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
21application of the terms of a written collective bargaining agreement involving a
22collective bargaining unit containing a transit employee
or a frontline worker may
23agree in writing to have the commission or any other appropriate agency serve as
24arbitrator or may designate any other competent, impartial, and disinterested
25person to serve as an arbitrator.
AB68-SSA1,902,10
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.
AB68-SSA1,1885
11Section
1885. 111.70 (4) (cg) 6. a. of the statutes is amended to read:
AB68-SSA1,903,212
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.
AB68-SSA1,1886
3Section
1886. 111.70 (4) (cg) 7r. d., e. and f. of the statutes are amended to read:
AB68-SSA1,903,74
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.
AB68-SSA1,903,118
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.
AB68-SSA1,903,1512
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.
AB68-SSA1,1887
16Section
1887. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:
AB68-SSA1,903,2117
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.
AB68-SSA1,1888
22Section
1888. 111.70 (4) (cg) 8m. of the statutes is amended to read:
AB68-SSA1,904,1023
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.
AB68-SSA1,1889
11Section
1889. 111.70 (4) (d) 1. of the statutes is amended to read:
AB68-SSA1,905,212
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.
AB68-SSA1,1890
3Section
1890. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB68-SSA1,906,164
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.
AB68-SSA1,1891
17Section
1891. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
18renumbered 111.70 (4) (d) 3.
AB68-SSA1,1892
19Section
1892. 111.70 (4) (d) 3. b. of the statutes is repealed.
AB68-SSA1,1893
20Section
1893. 111.70 (4) (mb) (intro.) of the statutes is amended to read:
AB68-SSA1,906,2421
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:
AB68-SSA1,1894
25Section
1894. 111.70 (4) (mbb) of the statutes is amended to read:
AB68-SSA1,907,6
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.
AB68-SSA1,1895
7Section
1895. 111.70 (4) (p) of the statutes is amended to read:
AB68-SSA1,907,178
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.
AB68-SSA1,1896
18Section
1896. 111.70 (7m) (c) 1. a. of the statutes is amended to read:
AB68-SSA1,908,219
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.
AB68-SSA1,1897
3Section
1897. 111.81 (1) of the statutes is renumbered 111.81 (1s) and
4amended to read:
AB68-SSA1,908,175
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.
AB68-SSA1,1898
18Section
1898. 111.81 (1d) of the statutes is created to read: