AB687,27,7 111.93 (3) (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), (1r) (a) to (ec), (eh), (ei), or (f), or (1t), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB687,57 Section 57 . Subchapter VI of chapter 111 [precedes 111.95] of the statutes is created to read:

AB687,27,10 CHAPTER 111

AB687,27,11 SUBCHAPTER VI

AB687,27,14 UNIVERSITY OF WISCONSIN SYSTEM FACULTY AND ACADEMIC STAFF LABOR RELATIONS

AB687,27,18 111.95 Declaration of policy. The public policy of the state as to labor relations and collective bargaining involving faculty and academic staff at the University of Wisconsin System, in furtherance of which this subchapter is enacted, is as follows:

AB687,27,21 (1) The people of the state of Wisconsin have a fundamental interest in developing harmonious and cooperative labor relations within the University of Wisconsin System.

AB687,27,25 (2) It recognizes that there are 3 major interests involved: that of the public, that of the employee, and that of the employer. These 3 interests are to a considerable extent interrelated. It is the policy of this state to protect and promote each of these interests with due regard to the rights of the others.

AB687,28,1 111.96 Definitions. In this subchapter:

AB687,28,4 (1) “Academic staff" means academic staff under s. 36.15, but does not include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who is appointed to a visiting faculty position.

AB687,28,5 (2) “Board" means the Board of Regents of the University of Wisconsin System.

AB687,28,13 (3) “Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.998 with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB687,28,14 (4) “Collective bargaining unit" means a unit established under s. 111.98 (1).

AB687,28,15 (5) “Commission" means the employment relations commission.

AB687,28,17 (6) “Division” means the division of personnel management in the department of administration.

AB687,28,20 (7) “Election" means a proceeding conducted by the commission in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in this subchapter.

AB687,28,21 (8) “Employee" includes:

AB687,28,24 (a) All faculty, including faculty who are supervisors or management employees, but not including faculty holding a limited appointment under s. 36.17 or deans.

AB687,29,3 (b) All academic staff, except for supervisors, management employees, and individuals who are privy to confidential matters affecting the employer-employee relationship.

AB687,29,4 (9) “Employer" means the state of Wisconsin.

AB687,29,6 (10) “Faculty" means faculty under s. 36.13, except for an individual holding an appointment under s. 36.15.

AB687,29,11 (11) “Fair-share agreement" means an agreement between the employer and a labor organization representing employees under which all of the employees in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

AB687,29,12 (12) “Institution" has the meaning given in s. 36.05 (9).

AB687,29,14 (13) “Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.

AB687,29,18 (14) “Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment, but does not include any organization that does any of the following:

AB687,29,20 (a) Advocates the overthrow of the constitutional form of government in the United States.

AB687,29,22 (b) Discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, or national origin.

AB687,30,4 (15) “Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.992 (1) (b) at or after the time the agreement takes effect continue to have dues deducted for the duration of the agreement and that dues be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB687,30,6 (16) “Management employees" includes those personnel engaged predominately in executive and managerial functions.