AB342-ASA1,27
3Section 27
. 111.70 (4) (cm) 7r. of the statutes is created to read:
AB342-ASA1,13,64
111.70
(4) (cm) 7r. `Other factors considered.' In making any decision under the
5arbitration procedures authorized by this paragraph, the arbitrator or arbitration
6panel shall give weight to the following factors:
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a. The lawful authority of the municipal employer.
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b. Stipulations of the parties.
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c. The interests and welfare of the public and the financial ability of the unit
10of government to meet the costs of any proposed settlement.
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d. Comparison of wages, hours, and conditions of employment of the municipal
12employees involved in the arbitration proceedings with the wages, hours, and
13conditions of employment of other employees performing similar services.
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e. Comparison of the wages, hours, and conditions of employment of the
15municipal employees involved in the arbitration proceedings with the wages, hours,
16and conditions of employment of other employees generally in public employment in
17the same community and in comparable communities.
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f. Comparison of the wages, hours, and conditions of employment of the
19municipal employees involved in the arbitration proceedings with the wages, hours,
20and conditions of employment of other employees in private employment in the same
21community and in comparable communities.
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g. The average consumer prices for goods and services, commonly known as the
23cost of living.
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h. The overall compensation presently received by the municipal employees,
25including direct wage compensation, vacation, holidays and excused time, insurance
1and pensions, medical and hospitalization benefits, the continuity and stability of
2employment, and all other benefits received.
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i. Changes in any of the foregoing circumstances during the pendency of the
4arbitration proceedings.
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j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
6taken into consideration in the determination of wages, hours, and conditions of
7employment through voluntary collective bargaining, mediation, fact-finding,
8arbitration, or otherwise between the parties, in the public service, or in private
9employment.
AB342-ASA1,28
10Section 28
. 111.70 (4) (cm) 8. of the statutes is created to read:
AB342-ASA1,14,1311
111.70
(4) (cm) 8. `Rule making.' The commission shall adopt rules for the
12conduct of all arbitration proceedings under subd. 6., including rules for all of the
13following:
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a. The appointment of tripartite arbitration panels when requested by the
15parties.
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b. The expeditious rendering of arbitration decisions, such as waivers of briefs
17and transcripts.
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c. The removal of individuals who have repeatedly failed to issue timely
19decisions from the commission's list of qualified arbitrators.
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d. Proceedings for the enforcement of arbitration decisions.
AB342-ASA1,29
21Section 29
. 111.70 (4) (cm) 8m. of the statutes is amended to read:
AB342-ASA1,15,1222
111.70
(4) (cm) 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
general
25municipal employees
subject to this paragraph shall be for a term of
one year and
1may not be extended 2 years, but in no case may a collective bargaining agreement
2for any collective bargaining unit consisting of municipal employees subject to this
3paragraph other than school district employees be for a term exceeding 3 years nor
4may a collective bargaining agreement for any collective bargaining unit consisting
5of school district employees subject to this paragraph be for a term exceeding 4 years.
6No
arbitration award may contain a provision for reopening of negotiations during
7the term of a collective bargaining agreement
covering general municipal employees
8may be reopened for negotiations unless both parties agree to reopen the collective
9bargaining agreement. The requirement for agreement by both parties does not
10apply to a provision for reopening of negotiations with respect to any portion of an
11agreement that is declared invalid by a court or administrative agency or rendered
12invalid by the enactment of a law or promulgation of a federal regulation.
AB342-ASA1,30
13Section 30
. 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 municipal 16employees voting in a collective bargaining unit shall be the exclusive representative
17of all employees in the unit for the purpose of collective bargaining.
A representative
18chosen for the purposes of collective bargaining by at least 51 percent of the general
19municipal employees in a collective bargaining unit shall be the exclusive
20representative of all employees in the unit for the purpose of collective bargaining. 21Any individual employee, or any minority group of employees in any collective
22bargaining unit, shall have the right to present grievances to the municipal employer
23in person or through representatives of their own choosing, and the municipal
24employer shall confer with the employee in relation thereto, if the majority
25representative has been afforded the opportunity to be present at the conferences.
1Any adjustment resulting from these conferences may not be inconsistent with the
2conditions of employment established by the majority representative and the
3municipal employer.
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4Section 31
. 111.70 (4) (d) 2. a. of the statutes is amended to read:
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111.70
(4) (d) 2. a. The commission shall determine the appropriate collective
6bargaining unit for the purpose of collective bargaining and shall whenever possible
7avoid fragmentation by maintaining as few collective bargaining units as practicable
8in keeping with the size of the total municipal workforce. The commission may
9decide whether, in a particular case, the municipal employees in the same or several
10departments, divisions, institutions, crafts, professions, or other occupational
11groupings constitute a collective bargaining unit. Before making its determination,
12the commission may provide an opportunity for the municipal employees concerned
13to determine, by secret ballot, whether they desire to be established as a separate
14collective bargaining unit. The commission may not decide
, however, that any group
15of municipal employees constitutes an appropriate collective bargaining unit if the
16group includes both professional employees and nonprofessional employees, unless
17a majority of the professional employees vote for inclusion in the unit. The
18commission may not decide that any group of municipal employees constitutes an
19appropriate collective bargaining unit if the group includes both school district
20employees and
general municipal employees who are not school district employees.
21The commission may not decide that any group of municipal employees constitutes
22an appropriate collective bargaining unit if the group includes both public safety
23employees and general municipal employees, if the group includes both transit
24employees and general municipal employees, or if the group includes both transit
25employees and public safety employees. The commission may not decide that any
1group of municipal employees constitutes an appropriate collective bargaining unit
2if the group includes both craft employees and noncraft employees unless a majority
3of the craft employees vote for inclusion in the unit. The commission shall place the
4professional employees who are assigned to perform any services at a charter school,
5as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
6includes any other professional employees whenever at least 30 percent of those
7professional employees request an election to be held to determine that issue and a
8majority of the professional employees at the charter school who cast votes in the
9election decide to be represented in a separate collective bargaining unit.
AB342-ASA1,32
10Section
32. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
11renumbered 111.70 (4) (d) 3.
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12Section 33
. 111.70 (4) (d) 3. b. of the statutes is repealed.
AB342-ASA1,34
13Section
34. 111.70 (4) (mb) of the statutes is repealed.
AB342-ASA1,35
14Section
35. 111.70 (4) (mbb) of the statutes is repealed.
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15Section 36
. 111.70 (4) (n) of the statutes is created to read: