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111.70
(1) (fm) “General municipal employee" means a municipal employee
19who is not a public safety employee
or, a transit employee
, a school district employee,
20a cooperative educational service agency employee, or a technical college employee.
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21Section
22. 111.70 (1) (j) of the statutes is amended to read:
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(1) (j) “Municipal employer" means any city, county, village, town,
23metropolitan sewerage district, school district,
cooperative educational service
24agency, district board, as defined in s. 38.01 (6), long-term care district, local cultural
25arts district created under subch. V of ch. 229, or any other political subdivision of
1the state, or instrumentality of one or more political subdivisions of the state, that
2engages the services of an employee and includes any person acting on behalf of a
3municipal employer within the scope of the person's authority, express or implied.
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4Section
23. 111.70 (1) (om) of the statutes is created to read:
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111.70
(1) (om) “Technical college employee” means a municipal employee who
6is employed by a district board, as defined in s. 38.01 (6).
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7Section
24. 111.70 (3) (a) 5. of the statutes is amended to read:
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(3) (a) 5. To violate any collective bargaining agreement previously
9agreed upon by the parties with respect to wages, hours and conditions of
10employment affecting public safety employees
or, transit employees,
school district
11employees, cooperative educational service agency employees, or technical college
12employees, including an agreement to arbitrate questions arising as to the meaning
13or application of the terms of a collective bargaining agreement or to accept the terms
14of such arbitration award, where previously the parties have agreed to accept such
15award as final and binding upon them or to violate any collective bargaining
16agreement affecting general municipal employees, that was previously agreed upon
17by the parties with respect to wages.
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18Section
25. 111.70 (3) (a) 6. of the statutes is amended to read:
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(3) (a) 6. To deduct labor organization dues from the earnings of a public
20safety employee
or, a transit employee,
a school district employee, a cooperative
21educational service agency employee, or a technical college employee, unless the
22municipal employer has been presented with an individual order therefor, signed by
23the employee personally, and terminable by at least the end of any year of its life or
24earlier by the public safety employee
or, transit employee
, school district employee,
25cooperative educational service agency employee, or technical college employee
1giving at least 30 days' written notice of such termination to the municipal employer
2and to the representative organization, except when a fair-share agreement is in
3effect.
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4Section
26. 111.70 (4) (cg) (title), 1. to 5. and 6. a. of the statutes are amended
5to read:
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111.70
(4) (cg) (title)
Methods for peaceful settlement of disputes; transit
7employees, school district employees, cooperative educational service agency
8employees, and technical college employees. 1. `Notice of commencement of contract
9negotiations.' To advise the commission of the commencement of contract
10negotiations involving a collective bargaining unit containing transit employees,
11school district employees, cooperative educational service agency employees, or
12technical college employees, whenever either party requests the other to reopen
13negotiations under a binding collective bargaining agreement, or the parties
14otherwise commence negotiations if no collective bargaining agreement exists, the
15party requesting negotiations shall immediately notify the commission in writing.
16Upon failure of the requesting party to provide notice, the other party may provide
17notice to the commission. The notice shall specify the expiration date of the existing
18collective bargaining agreement, if any, and shall provide any additional information
19the commission may require on a form provided by the commission.
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2. `Presentation of initial proposals; open meetings.' The meetings between
21parties to a collective bargaining agreement or proposed collective bargaining
22agreement under this subchapter that involve a collective bargaining unit
23containing a transit employee
, a school district employee, a cooperative educational
24service agency employee, or a technical college employee and that are held to present
25initial bargaining proposals, along with supporting rationale, are open to the public.
1Each party shall submit its initial bargaining proposals to the other party in writing.
2Failure to comply with this subdivision does not invalidate a collective bargaining
3agreement under this subchapter.
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3. `Mediation.' The commission or its designee shall function as mediator in
5labor disputes involving transit employees
, school district employees, cooperative
6educational service agency employees, or technical college employees upon request
7of one or both of the parties, or upon initiation of the commission. The function of the
8mediator is to encourage voluntary settlement by the parties. No mediator has the
9power of compulsion.
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4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
11application of the terms of a written collective bargaining agreement involving a
12collective bargaining unit containing a transit employee
, a school district employee,
13a cooperative educational service agency employee, or a technical college employee 14may agree in writing to have the commission or any other appropriate agency serve
15as arbitrator or may designate any other competent, impartial, and disinterested
16person to serve as an arbitrator.
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5. `Voluntary impasse resolution procedures.' In addition to the other impasse
18resolution procedures provided in this paragraph, a municipal employer that
19employs a transit employee
, a school district employee, a cooperative educational
20service agency employee, or a technical college employee and labor organization may
21at any time, as a permissive subject of bargaining, agree in writing to a dispute
22settlement procedure, including binding interest arbitration, which is acceptable to
23the parties for resolving an impasse over terms of any collective bargaining
24agreement under this subchapter. The parties shall file a copy of the agreement with
1the commission. If the parties agree to any form of binding interest arbitration, the
2arbitrator shall give weight to the factors enumerated under subds. 7. and 7g.
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6. a. If in any collective bargaining unit containing transit employees
, school
4district employees, cooperative educational service agency employees, or technical
5college employees a dispute has not been settled after a reasonable period of
6negotiation and after mediation by the commission under subd. 3. and other
7settlement procedures, if any, established by the parties have been exhausted, and
8the parties are deadlocked with respect to any dispute between them over wages,
9hours, or conditions of employment to be included in a new collective bargaining
10agreement, either party, or the parties jointly, may petition the commission, in
11writing, to initiate compulsory, final, and binding arbitration, as provided in this
12paragraph. At the time the petition is filed, the petitioning party shall submit in
13writing to the other party and the commission its preliminary final offer containing
14its latest proposals on all issues in dispute. Within 14 calendar days after the date
15of that submission, the other party shall submit in writing its preliminary final offer
16on all disputed issues to the petitioning party and the commission. If a petition is
17filed jointly, both parties shall exchange their preliminary final offers in writing and
18submit copies to the commission when the petition is filed.
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19Section
27. 111.70 (4) (cg) 7r. d. of the statutes is amended to read:
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(4) (cg) 7r. d. Comparison of wages, hours and conditions of employment
21of the transit employees
, school district employees, cooperative educational service
22agency employees, or technical college employees involved in the arbitration
23proceedings with the wages, hours, and conditions of employment of other employees
24performing similar services.
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25Section
28. 111.70 (4) (cg) 7r. e. of the statutes is amended to read:
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(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.
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7Section
29. 111.70 (4) (cg) 7r. f. of the statutes is amended to read:
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(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.
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14Section
30. 111.70 (4) (cg) 7r. h. of the statutes is amended to read:
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(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.
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21Section
31. 111.70 (4) (cg) 8m. of the statutes is amended to read:
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(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.
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13Section
32. 111.70 (4) (d) 1. of the statutes is amended to read:
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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.
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5Section 33
. 111.70 (4) (d) 2. a. of the statutes is amended to read: