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:
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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:
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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: