AB68-ASA2-AA6,86,521
5. `Voluntary impasse resolution procedures.' In addition to the other impasse
22resolution procedures provided in this paragraph, a municipal employer that
23employs a transit employee
or a municipal employee in a collective bargaining unit
24containing a frontline worker and
a labor organization may at any time, as a
25permissive subject of bargaining, agree in writing to a dispute settlement procedure,
1including binding interest arbitration, which is acceptable to the parties for
2resolving an impasse over terms of any collective bargaining agreement under this
3subchapter. The parties shall file a copy of the agreement with the commission. If
4the parties agree to any form of binding interest arbitration, the arbitrator shall give
5weight to the factors enumerated under subds. 7. and 7g.
AB68-ASA2-AA6,86,217
111.70
(4) (cg) 6. a. If
, in any collective bargaining unit containing transit
8employees
or a frontline worker, a dispute has not been settled after a reasonable
9period of negotiation and after mediation by the commission under subd. 3. and other
10settlement procedures, if any, established by the parties have been exhausted, and
11the parties are deadlocked with respect to any dispute between them over wages,
12hours, or conditions of employment to be included in a new collective bargaining
13agreement, either party, or the parties jointly, may petition the commission, in
14writing, to initiate compulsory, final, and binding arbitration, as provided in this
15paragraph. At the time the petition is filed, the petitioning party shall submit in
16writing to the other party and the commission its preliminary final offer containing
17its latest proposals on all issues in dispute. Within 14 calendar days after the date
18of that submission, the other party shall submit in writing its preliminary final offer
19on all disputed issues to the petitioning party and the commission. If a petition is
20filed jointly, both parties shall exchange their preliminary final offers in writing and
21submit copies to the commission when the petition is filed.
AB68-ASA2-AA6,341be
22Section 341be. 111.70 (4) (cg) 7r. d., e. and f. of the statutes are amended to
23read:
AB68-ASA2-AA6,87,224
111.70
(4) (cg) 7r. d. Comparison of wages, hours
, and conditions of employment
25of the
transit municipal employees involved in the arbitration proceedings with the
1wages, hours, and conditions of employment of other employees performing similar
2services.
AB68-ASA2-AA6,87,63
e. Comparison of the wages, hours
, and conditions of employment of the
transit 4municipal employees involved in the arbitration proceedings with the wages, hours,
5and conditions of employment of other employees generally in public employment in
6the same community and in comparable communities.
AB68-ASA2-AA6,87,107
f. Comparison of the wages, hours
, and conditions of employment of the
transit 8municipal employees involved in the arbitration proceedings with the wages, hours,
9and conditions of employment of other employees in private employment in the same
10community and in comparable communities.
AB68-ASA2-AA6,341bf
11Section 341bf. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:
AB68-ASA2-AA6,87,1612
111.70
(4) (cg) 7r. h. The overall compensation presently received by the
transit 13municipal employees
involved in the arbitration proceedings, including direct wage
14compensation, vacation, holidays, and excused time, insurance and pensions,
15medical and hospitalization benefits, the continuity and stability of employment,
16and all other benefits received.
AB68-ASA2-AA6,88,518
111.70
(4) (cg) 8m. `Term of agreement; reopening of negotiations.' Except for
19the initial collective bargaining agreement between the parties and except as the
20parties otherwise agree, every collective bargaining agreement covering transit
21employees
or a frontline worker shall be for a term of 2 years, but in no case may a
22collective bargaining agreement for any collective bargaining unit
consisting of
23transit employees subject to this paragraph be for a term exceeding 3 years. No
24arbitration award involving transit employees
or a frontline worker may contain a
25provision for reopening of negotiations during the term of a collective bargaining
1agreement, unless both parties agree to such a provision. The requirement for
2agreement by both parties does not apply to a provision for reopening of negotiations
3with respect to any portion of an agreement that is declared invalid by a court or
4administrative agency or rendered invalid by the enactment of a law or promulgation
5of a federal regulation.
AB68-ASA2-AA6,88,217
111.70
(4) (d) 1. A representative chosen for the purposes of collective
8bargaining by a majority of the
public safety employees or transit municipal 9employees voting in a collective bargaining unit shall be the exclusive representative
10of all employees in the unit for the purpose of collective bargaining.
A representative
11chosen for the purposes of collective bargaining by at least 51 percent of the general
12municipal employees in a collective bargaining unit shall be the exclusive
13representative of all employees in the unit for the purpose of collective bargaining. 14Any individual employee, or any minority group of employees in any collective
15bargaining unit, shall have the right to present grievances to the municipal employer
16in person or through representatives of their own choosing, and the municipal
17employer shall confer with the employee in relation thereto, if the majority
18representative has been afforded the opportunity to be present at the conferences.
19Any adjustment resulting from these conferences may not be inconsistent with the
20conditions of employment established by the majority representative and the
21municipal employer.
AB68-ASA2-AA6,90,1023
111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
24bargaining unit for the purpose of collective bargaining and shall whenever possible
25avoid fragmentation by maintaining as few collective bargaining units as practicable
1in keeping with the size of the total municipal workforce. The commission may
2decide whether, in a particular case, the municipal employees in the same or several
3departments, divisions, institutions, crafts, professions, or other occupational
4groupings constitute a collective bargaining unit. Before making its determination,
5the commission may provide an opportunity for the municipal employees concerned
6to determine, by secret ballot, whether they desire to be established as a separate
7collective bargaining unit. The commission may not decide, however, that any group
8of municipal employees constitutes an appropriate collective bargaining unit if the
9group includes both professional employees and nonprofessional employees, unless
10a majority of the professional employees vote for inclusion in the unit. The
11commission may not decide that any group of municipal employees constitutes an
12appropriate collective bargaining unit if the group includes both school district
13employees and general municipal employees who are not school district employees.
14The commission may not
decide that any group of municipal employees constitutes
15an appropriate collective bargaining unit if the group includes both public safety
16employees and general municipal employees, if the group includes both transit
17employees and general municipal employees, or if the group includes both transit
18employees and public safety employees place public safety employees in a collective
19bargaining unit with employees who are not public safety employees or place transit
20employees in a collective bargaining unit with employees who are not transit
21employees. The commission may place frontline workers in a collective bargaining
22unit with municipal employees who are not frontline workers if the commission
23determines it is appropriate; if the commission places in a collective bargaining unit
24frontline workers and municipal employees who are not frontline workers, the
25collective bargaining unit is treated as if all employees in the collective bargaining
1unit are frontline workers. The commission may not decide that any group of
2municipal employees constitutes an appropriate collective bargaining unit if the
3group includes both craft employees and noncraft employees unless a majority of the
4craft employees vote for inclusion in the unit. The commission shall place the
5professional employees who are assigned to perform any services at a charter school,
6as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
7includes any other professional employees whenever at least 30 percent of those
8professional employees request an election to be held to determine that issue and a
9majority of the professional employees at the charter school who cast votes in the
10election decide to be represented in a separate collective bargaining unit.
AB68-ASA2-AA6,341bj
11Section 341bj. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
12renumbered 111.70 (4) (d) 3.
AB68-ASA2-AA6,341bL
14Section 341bL. 111.70 (4) (mb) (intro.) of the statutes is amended to read:
AB68-ASA2-AA6,90,1815
111.70
(4) (mb)
Prohibited subjects of bargaining; general municipal employees. 16(intro.) The municipal employer is prohibited from bargaining collectively with a
17collective bargaining unit containing
a only general municipal
employee employees 18with respect to any of the following:
AB68-ASA2-AA6,90,2520
111.70
(4) (mbb)
Consumer price index change. For purposes of determining
21compliance with par. (mb), the commission shall provide, upon request, to a
22municipal employer or to any representative of a collective bargaining unit
23containing
a only general municipal
employee employees, the consumer price index
24change during any 12-month period. The commission may get the information from
25the department of revenue.
AB68-ASA2-AA6,91,112
111.70
(4) (p)
Permissive subjects of collective bargaining; public safety and
3employees, transit employees, and municipal employees in a collective bargaining
4unit containing a frontline worker. A municipal employer is not required to bargain
5with public safety employees
or, transit employees
, or municipal employees in a
6collective bargaining unit containing a frontline worker on subjects reserved to
7management and direction of the governmental unit except insofar as the manner
8of exercise of such functions affects the wages, hours, and conditions of employment
9of the public safety employees
or in a collective bargaining unit, of the transit
10employees in a collective bargaining unit
, or of the municipal employees in the
11collective bargaining unit containing a frontline worker, whichever is appropriate.
AB68-ASA2-AA6,91,2013
111.70
(7m) (c) 1. a. Any labor organization that represents public safety
14employees
or, transit employees
, or a frontline worker which violates sub. (4) (L) may
15not collect any dues under a collective bargaining agreement or under a fair-share
16agreement from any employee covered by either agreement for a period of one year.
17At the end of the period of suspension, any such agreement shall be reinstated unless
18the labor organization is no longer authorized to represent the
public safety
19employees or transit municipal employees covered by the collective bargaining
20agreement or fair-share agreement or the agreement is no longer in effect.
AB68-ASA2-AA6,341bp
21Section 341bp. 111.81 (1) of the statutes is renumbered 111.81 (1s) and
22amended to read:
AB68-ASA2-AA6,92,1023
111.81
(1s) “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 for public safety employees,
with respect to the subjects of bargaining provided in
3s. 111.91 (1w) for employees in a collective bargaining unit containing a frontline
4worker, and
with respect to the subjects of bargaining provided in s. 111.91 (3)
, with
5respect to for general employees
who are in a collective bargaining unit that does not
6contain a frontline worker, with the intention of reaching an agreement, or to resolve
7questions arising under such an agreement. The duty to bargain, however, does not
8compel either party to agree to a proposal or require the making of a concession.
9Collective bargaining includes the reduction of any agreement reached to a written
10and signed document.
AB68-ASA2-AA6,92,1312
111.81
(1d) “Authority” means a body created under subch. II of ch. 114 or ch.
13231, 232, 233, 234, 237, 238, or 279.