AB68-ASA2-AA6,96,220
111.82
(2) General employees who are not in a collective bargaining unit
21containing a frontline worker have the right to have their employer consult with
22them, through a representative of their own choosing, with no intention of reaching
23an agreement, with respect to wages, hours, and conditions of employment. The
24right may be exercised when the employer proposes or implements policy changes
1affecting wages, hours, or conditions of employment or, if no policy changes are
2proposed or implemented, at least quarterly.
AB68-ASA2-AA6,96,94
111.825
(1) (intro.) It is the legislative intent that in order to foster meaningful
5collective bargaining, units must be structured in such a way as to avoid excessive
6fragmentation whenever possible. In accordance with this policy, collective
7bargaining units for employees in the classified service of the state
and for employees
8of authorities are structured on a statewide basis with one collective bargaining unit
9for each of the following occupational groups:
AB68-ASA2-AA6,96,1811
111.825
(3) The commission shall assign employees to the appropriate
12collective bargaining units set forth in subs. (1), (1r), (1t), and (2).
The commission
13may place frontline workers in a collective bargaining unit with employees who are
14not frontline workers if the commission determines it is appropriate; if the
15commission places in a collective bargaining unit frontline workers and employees
16who are not frontline workers, the collective bargaining unit is treated as if all
17employees in the collective bargaining unit are frontline workers and may bargain
18as provided in s. 111.91 (1w).
AB68-ASA2-AA6,97,820
111.825
(5) Although supervisors are not considered employees for purposes
21of this subchapter, the commission may consider a petition for a statewide collective
22bargaining unit of professional supervisors or a statewide unit of nonprofessional
23supervisors in the classified service, but the representative of supervisors may not
24be affiliated with any labor organization representing employees. For purposes of
25this subsection, affiliation does not include membership in a national, state, county
1or municipal federation of national or international labor organizations. The
2certified representative of supervisors who are not public safety employees
or
3frontline workers may not bargain collectively with respect to any matter other than
4wages as provided in s. 111.91 (3),
and the certified representative of supervisors who
5are public safety employees may not bargain collectively with respect to any matter
6other than wages and fringe benefits as provided in s. 111.91 (1)
, and the certified
7representative of supervisors who are frontline workers may bargain as provided in
8s. 111.91 (1w).
AB68-ASA2-AA6,97,2310
111.83
(1) Except as provided in sub. (5), a
representative chosen for the
11purposes of collective bargaining by at least 51 percent of the general employees in
12a collective bargaining unit shall be the exclusive representative of all of the
13employees in such unit for the purposes of collective bargaining. A representative
14chosen for the purposes of collective bargaining by a majority of the
public safety 15employees voting in a collective bargaining unit shall be the exclusive representative
16of all of the employees in such unit for the purposes of collective bargaining. Any
17individual employee, or any minority group of employees in any collective bargaining
18unit, may present grievances to the employer in person, or through representatives
19of their own choosing, and the employer shall confer with the employee or group of
20employees in relation thereto if the majority representative has been afforded the
21opportunity to be present at the conference. Any adjustment resulting from such a
22conference may not be inconsistent with the conditions of employment established
23by the majority representative and the employer.
AB68-ASA2-AA6,98,102
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
3the name of more than one proposed representative appears on the ballot and results
4in no conclusion, the commission may, if requested by any party to the proceeding
5within 30 days from the date of the certification of the results of the election, conduct
6a runoff election. In that runoff election, the commission shall drop from the ballot
7the name of the representative who received the least number of votes at the original
8election. The commission shall drop from the ballot the privilege of voting against
9any representative if the least number of votes cast at the first election was against
10representation by any named representative.
AB68-ASA2-AA6,98,2112
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
13(1)
, (1w), or (3), whichever is appropriate, with a representative of a majority of its
14employees in an appropriate collective bargaining unit. Where the employer has a
15good faith doubt as to whether a labor organization claiming the support of a majority
16of its employees in appropriate collective bargaining unit does in fact have that
17support, it may file with the commission a petition requesting an election as to that
18claim. It is not deemed to have refused to bargain until an election has been held and
19the results thereof certified to it by the commission. A violation of this paragraph
20includes, but is not limited to, the refusal to execute a collective bargaining
21agreement previously orally agreed upon.
AB68-ASA2-AA6,99,623
111.84
(1) (f) To deduct labor organization dues from the earnings of a public
24safety employee
or an employee who is in a collective bargaining unit containing a
25frontline worker, unless the employer has been presented with an individual order
1therefor, signed by the
public safety employee personally, and terminable by at least
2the end of any year of its life or earlier by the
public safety employee giving at least
330 but not more than 120 days' written notice of such termination to the employer
4and to the representative labor organization, except if there is a fair-share or
5maintenance of membership agreement in effect. The employer shall give notice to
6the labor organization of receipt of such notice of termination.
AB68-ASA2-AA6,99,168
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
9(1)
, (1w), or (3), whichever is appropriate, with the duly authorized officer or agent
10of the employer which is the recognized or certified exclusive collective bargaining
11representative of employees specified in s. 111.81 (7) (a)
or (ag) in an appropriate
12collective bargaining unit or with the certified exclusive collective bargaining
13representative of employees specified in s. 111.81 (7) (ar) to (f) in an appropriate
14collective bargaining unit. Such refusal to bargain shall include, but not be limited
15to, the refusal to execute a collective bargaining agreement previously orally agreed
16upon.
AB68-ASA2-AA6,99,2518
111.85
(1) (a) No fair-share or maintenance of membership agreement
19covering public safety employees under this subchapter may become effective unless
20authorized by a referendum. The commission shall order a referendum whenever it
21receives a petition supported by proof that at least 30 percent of the public safety
22employees in a collective bargaining unit
or at least 30 percent of the employees in
23a collective bargaining unit containing a frontline worker desire that a fair-share or
24maintenance of membership agreement be entered into between the employer and
25a labor organization. A petition may specify that a referendum is requested on a
1maintenance of membership agreement only, in which case the ballot shall be limited
2to that question.
AB68-ASA2-AA6,100,133
(b) For a fair-share agreement to be authorized, at least two-thirds of the
4eligible public safety employees voting in a referendum shall vote in favor of the
5agreement
or at least two-thirds of the employees in a collective bargaining unit
6containing a frontline worker shall vote in favor of the agreement. For a
7maintenance of membership agreement to be authorized, at least a majority of the
8eligible public safety employees voting in a referendum shall vote in favor of the
9agreement
or at least a majority of the employees in a collective bargaining unit
10containing a frontline worker shall vote in favor of the agreement. In a referendum
11on a fair-share agreement, if less than two-thirds but more than one-half of the
12eligible
public safety employees vote in favor of the agreement, a maintenance of
13membership agreement is authorized.
AB68-ASA2-AA6,101,314
(c) If a fair-share or maintenance of membership agreement is authorized in
15a referendum
ordered under par. (a), the employer shall enter into such an
16agreement with the labor organization named on the ballot in the referendum. Each
17fair-share or maintenance of membership agreement shall contain a provision
18requiring the employer to deduct the amount of dues as certified by the labor
19organization from the earnings of the
public safety employees affected by the
20agreement and to pay the amount so deducted to the labor organization. Unless the
21parties agree to an earlier date, the agreement shall take effect 60 days after
22certification by the commission that the referendum vote authorized the agreement.
23The employer shall be held harmless against any claims, demands, suits and other
24forms of liability made by
public safety the employees
affected by the agreement or
25by local labor organizations which may arise for actions taken by the employer in
1compliance with this section. All such lawful claims, demands, suits
, and other forms
2of liability are the responsibility of the labor organization entering into the
3agreement.
AB68-ASA2-AA6,101,104
(d) Under each fair-share or maintenance of membership agreement,
a public
5safety an employee
affected by the agreement who has religious convictions against
6dues payments to a labor organization based on teachings or tenets of a church or
7religious body of which he or she is a member shall, on request to the labor
8organization, have his or her dues paid to a charity mutually agreed upon by the
9public safety employee and the labor organization. Any dispute concerning this
10paragraph may be submitted to the commission for adjudication.
AB68-ASA2-AA6,102,312
111.85
(2) (a) Once authorized
under sub. (1), a fair-share or maintenance of
13membership agreement
covering public safety employees shall continue in effect,
14subject to the right of the employer or labor organization concerned to petition the
15commission to conduct a new referendum. Such petition must be supported by proof
16that at least 30 percent of the public safety employees in the collective bargaining
17unit
or at least 30 percent of the employees in a collective bargaining unit containing
18a frontline worker desire that the fair-share or maintenance of membership
19agreement be discontinued. Upon so finding, the commission shall conduct a new
20referendum. If the continuance of the fair-share or maintenance of membership
21agreement is approved in the referendum by at least the percentage of eligible voting
22public safety employees required for its initial authorization, it shall be continued
23in effect, subject to the right of the employer or labor organization to later initiate a
24further vote following the procedure prescribed in this subsection. If the
25continuation of the agreement is not supported in any referendum, it
is deemed
1terminated terminates at the termination of the collective bargaining agreement, or
2one year from the date of the certification of the result of the referendum, whichever
3is earlier.
AB68-ASA2-AA6,102,124
(b) The commission shall declare any fair-share or maintenance of
5membership agreement suspended upon such conditions and for such time as the
6commission decides whenever it finds that the labor organization involved has
7refused on the basis of race, color, sexual orientation or creed to receive as a member
8any
public safety employee in the collective bargaining unit involved, and the
9agreement shall be made subject to the findings and orders of the commission. Any
10of the parties to the agreement, or any
public safety employee covered thereby, may
11come before the commission, as provided in s. 111.07, and petition the commission
12to make such a finding.
AB68-ASA2-AA6,102,1714
111.85
(4) The commission may, under rules adopted for that purpose, appoint
15as its agent an official of a state agency
or authority whose
public safety employees
16are entitled to vote in a referendum to conduct a referendum
provided for herein 17under this section.