AB1005-ASA1,14,2 h. The overall compensation presently received by the municipal employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

AB1005-ASA1,14,4 i. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.

AB1005-ASA1,14,9 j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration, or otherwise between the parties, in the public service, or in private employment.

AB1005-ASA1,28 Section 28 . 111.70 (4) (cm) 8. of the statutes is created to read:

AB1005-ASA1,14,13 111.70 (4) (cm) 8. `Rule making.' The commission shall adopt rules for the conduct of all arbitration proceedings under subd. 6., including rules for all of the following:

AB1005-ASA1,14,15 a. The appointment of tripartite arbitration panels when requested by the parties.

AB1005-ASA1,14,17 b. The expeditious rendering of arbitration decisions, such as waivers of briefs and transcripts.

AB1005-ASA1,14,19 c. The removal of individuals who have repeatedly failed to issue timely decisions from the commission's list of qualified arbitrators.

AB1005-ASA1,14,20 d. Proceedings for the enforcement of arbitration decisions.

AB1005-ASA1,29 Section 29 . 111.70 (4) (cm) 8m. of the statutes is amended to read:

AB1005-ASA1,15,12 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering general municipal employees subject to this paragraph shall be for a term of one year and may not be extended 2 years, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district employees be for a term exceeding 3 years nor may a collective bargaining agreement for any collective bargaining unit consisting of school district employees subject to this paragraph be for a term exceeding 4 years. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement covering general municipal employees may be reopened for negotiations unless both parties agree to reopen the collective bargaining agreement. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB1005-ASA1,30 Section 30 . 111.70 (4) (d) 1. of the statutes is amended to read:

AB1005-ASA1,16,3 111.70 (4) (d) 1. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees or transit municipal employees voting in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. A representative chosen for the purposes of collective bargaining by at least 51 percent of the general municipal employees in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, shall have the right to present grievances to the municipal employer in person or through representatives of their own choosing, and the municipal employer shall confer with the employee in relation thereto, if the majority representative has been afforded the opportunity to be present at the conferences. Any adjustment resulting from these conferences may not be inconsistent with the conditions of employment established by the majority representative and the municipal employer.

AB1005-ASA1,31 Section 31 . 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB1005-ASA1,17,9 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal workforce. The commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether they desire to be established as a separate collective bargaining unit. The commission may not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both school district employees and general municipal employees who are not school district employees. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both public safety employees and general municipal employees, if the group includes both transit employees and general municipal employees, or if the group includes both transit employees and public safety employees. The commission may not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30 percent of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit.

AB1005-ASA1,32 Section 32. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and renumbered 111.70 (4) (d) 3.

AB1005-ASA1,33 Section 33 . 111.70 (4) (d) 3. b. of the statutes is repealed.

AB1005-ASA1,34 Section 34. 111.70 (4) (mb) of the statutes is repealed.

AB1005-ASA1,35 Section 35. 111.70 (4) (mbb) of the statutes is repealed.

AB1005-ASA1,36 Section 36 . 111.70 (4) (n) of the statutes is created to read:

AB1005-ASA1,17,19 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under sub. (1) (a), the municipal employer is required to bargain collectively with respect to all of the following:

AB1005-ASA1,17,22 1. Time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties.

AB1005-ASA1,17,24 2. The development of or any changes to a teacher evaluation plan under s. 118.225.

AB1005-ASA1,37 Section 37 . 111.70 (4) (p) of the statutes is amended to read:

AB1005-ASA1,18,6 111.70 (4) (p) Permissive subjects of collective bargaining; public safety and transit employees. A municipal employer is not required to bargain with public safety employees or transit employees on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the public safety employees or of the transit municipal employees in a collective bargaining unit.

AB1005-ASA1,38 Section 38 . 111.70 (7m) (c) 3. of the statutes is created to read:

AB1005-ASA1,18,12 111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or participates in a strike after a final and binding arbitration award or decision under sub. (4) (cm) is issued and before the end of the term of the agreement which the award or decision amends or creates shall forfeit $15 per offense. Each day of continued violation constitutes a separate offense.

AB1005-ASA1,39 Section 39 . 111.70 (7m) (e) of the statutes is created to read:

AB1005-ASA1,18,18 111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration award or decision under sub. (4) (cm) in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, is liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the nonoffending party to enforce the award or decision.