AB438,10,2518 (c) The commission shall establish a procedure whereby employees of the
19University of Wisconsin Hospitals and Clinics Authority may determine whether to
20form themselves into collective bargaining units under par. (a) 1. or 2. by confidential
21authorization cards in lieu of secret ballots. The procedure shall provide that once
22a majority of employees have indicated their preference on the confidential
23authorization cards to form themselves into a collective bargaining unit under par.
24(a) 1. or 2., the collective bargaining unit is established. The procedure shall provide
25all of the following:
AB438,11,2
11. A review of the confidential authorization cards submitted in support of a
2claim to represent a majority of the employees of a collective bargaining unit.
AB438,11,63 2. A comparison of the employee list provided by the University of Wisconsin
4Hospitals and Clinics Authority to the commission and to the collective bargaining
5unit under s. 233.04 (2m) at least 7 days before the scheduled count of the
6confidential authorization cards.
AB438,11,97 (d) If a majority of the employees under par. (c) have designated a
8representative as their collective bargaining unit representative, the commission
9shall certify that representative of the collective bargaining unit.
AB438,23 10Section 23. 111.06 (1) (c) of the statutes is amended to read:
AB438,11,1511 111.06 (1) (c) To encourage or discourage membership in any labor
12organization, employee agency, committee, association, or representation plan by
13discrimination in regard to hiring, tenure, or other terms or conditions of
14employment in a collective bargaining unit where an all-union agreement or
15maintenance of membership agreement is in effect as provided in s. 111.13
.
AB438,24 16Section 24. 111.06 (1) (cm) of the statutes is created to read:
AB438,11,2317 111.06 (1) (cm) To explicitly or implicitly encourage or discourage membership
18in a collective bargaining unit that represents employees of the University of
19Wisconsin Hospitals and Clinics Authority. It is not an unfair labor practice for the
20University of Wisconsin Hospitals and Clinics Authority and a collective bargaining
21unit that represents employees of the University of Wisconsin Hospitals and Clinics
22Authority to issue joint statements regarding collective bargaining activities of the
23authority and the representatives.
AB438,25 24Section 25. 111.06 (1) (d) of the statutes is amended to read:
AB438,12,8
1111.06 (1) (d) To refuse to bargain collectively with the representative of a
2majority of the employer's employees in any collective bargaining unit with respect
3to representation or terms and conditions of employment, except as provided under
4ss. 111.05 (5) and 111.17 (2),
provided, however, that where an employer files with
5the commission a petition requesting a determination as to majority representation,
6the employer shall not be deemed to have refused to bargain until an election has
7been held and the result thereof has been certified to the employer by the
8commission.
AB438,26 9Section 26. 111.06 (1) (e) of the statutes is amended to read:
AB438,12,1210 111.06 (1) (e) To bargain collectively with the representatives of less than a
11majority of the employer's employees in a collective bargaining unit, or, except as
12provided in s. 111.13,
to enter into an all-union agreement.
AB438,27 13Section 27. 111.06 (1) (i) of the statutes is amended to read:
AB438,12,2014 111.06 (1) (i) To deduct labor organization dues or assessments from an
15employee's earnings, unless the employer has been presented with an individual
16order therefor, signed by the employee personally, and terminable by the employee
17giving to the employer at least 30 days' written notice of the termination or unless
18there is an all-union agreement or maintenance of membership agreement in effect
19as provided in s. 111.13
. This paragraph applies to the extent permitted allowed
20under federal law.
AB438,28 21Section 28. 111.06 (1) (m) of the statutes is created to read:
AB438,12,2322 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout
23provided in s. 111.115 (2).
AB438,29 24Section 29. 111.06 (2) (i) of the statutes is amended to read:
AB438,13,2
1111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided
2in s. 111.115 (2) or (3).
AB438,30 3Section 30. 111.075 of the statutes is created to read:
AB438,13,6 4111.075 Maintenance of membership agreements. (1) This section only
5applies to collective bargaining units comprised of employees of the University of
6Wisconsin Hospitals and Clinics Authority.
AB438,13,13 7(1m) (a) No maintenance of membership agreement may become effective
8unless authorized by a referendum. The commission shall order a referendum
9whenever it receives a petition supported by proof that at least 30 percent of the
10employees in a collective bargaining unit desire that a maintenance of membership
11agreement be entered into between the employer and a labor organization. A petition
12may specify that a referendum is requested on a maintenance of membership
13agreement only, in which case the ballot is limited to that question.
AB438,13,1614 (b) For a maintenance of membership agreement to be authorized, at least a
15majority of the eligible employees voting in a referendum must vote in favor of the
16agreement.
AB438,14,417 (c) If a maintenance of membership agreement is authorized in a referendum,
18the employer shall enter into an agreement with the labor organization named on the
19ballot in the referendum. Each maintenance of membership agreement must
20contain a provision requiring the employer to deduct the amount of dues as certified
21by the labor organization from the earnings of the employees affected by the
22agreement and to pay the amount deducted to the labor organization. Unless the
23parties agree to an earlier date, the agreement takes effect 60 days after the
24commission certifies that the referendum vote authorized the agreement. The
25employer is held harmless against any claims, demands, suits, and other forms of

1liability made by employees or local labor organizations that may arise for actions
2taken by the employer in compliance with this section. All lawful claims, demands,
3suits, and other forms of liability are the responsibility of the labor organization
4entering into the agreement.
AB438,14,105 (d) Under each maintenance of membership agreement, an employee who has
6religious convictions against dues payments to a labor organization based on
7teachings or tenets of a church or religious body of which he or she is a member shall,
8upon request to the labor organization, have his or her dues paid to a charity
9mutually agreed upon by the employee and the labor organization. Any dispute
10concerning this paragraph may be submitted to the commission for adjudication.
AB438,14,23 11(2) (a) A maintenance of membership agreement, once authorized, continues
12in effect, subject to the right of the employer or labor organization to petition the
13commission to conduct a new referendum. The commission shall conduct a new
14referendum whenever it receives a petition supported by proof that at least 30
15percent of the employees in a collective bargaining unit desire that the maintenance
16of membership agreement be discontinued. If, in the referendum, a number that is
17at least the percentage of eligible voting employees required for initial authorization
18approve the continuance of the maintenance of membership agreement, the
19membership is continued in effect, subject to the right of the employer or labor
20organization to initiate a further vote using the procedure in this subsection. If the
21continuation of the agreement is not supported in the referendum, the agreement
22terminates when the collective bargaining agreement terminates or one year from
23the date of the certification of the results of the referendum, whichever is earlier.
AB438,15,624 (b) The commission shall suspend any maintenance of membership agreement
25upon conditions and for the time as the commission decides if the commissioner finds

1that the labor organization has refused on the basis of race, color, sexual orientation,
2or creed, to receive as a member any employee in the collective bargaining unit
3involved, and the agreement is subject to the findings and the orders of the
4commission. Any party to the agreement or any employee covered by the agreement
5may come before the commission, as provided in s. 111.07, and petition the
6commission to make a finding.
AB438,15,9 7(3) A stipulation for a referendum executed by an employer and a labor
8organization may not be filed until after the representation election has been held
9and the results certified.
AB438,15,12 10(4) The commission may, under rules adopted for that purpose, appoint as its
11agent an official of the University of Wisconsin Hospitals and Clinics Authority to
12conduct the referenda provided for in this section.