AB687,43,8 (2) (a) Once authorized, a maintenance of membership agreement is in effect, subject to the right of the employer or the labor organization concerned to notify the commission that it no longer voluntarily agrees to continue the agreement. After the commission is notified, the maintenance of membership agreement terminates at the termination of the collective bargaining agreement or one year from the notification, whichever is earlier.

AB687,43,17 (b) The commission shall suspend any maintenance of membership agreement upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, or creed to receive as a member any employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee or supervisor covered under the agreement, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB687,43,20 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

AB687,43,23 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employees are entitled to vote in a referendum to conduct a referendum under this section.

AB687,44,3 111.993 Grievance arbitration. (1) Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency serve as arbitrator or may designate any other competent, impartial, and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788.

AB687,44,9 (2) The board shall charge an institution for the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the institution. Each institution charged shall pay the amount that the board charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.545 (1) (km).

AB687,44,15 111.994 Mediation. The commission may appoint any competent, impartial, disinterested person to act as mediator in any labor dispute either upon its own initiative or upon the joint request of both parties to the dispute. It is the function of a mediator to bring the parties together voluntarily under such favorable conditions as will tend to effectuate settlement of the dispute, but neither the mediator nor the commission has any power of compulsion in mediation proceedings.

AB687,44,24 111.995 Fact-finding. (1) If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the representative that has been certified by the commission after an election, as the exclusive representative of employees in an appropriate bargaining unit, and the employer, its officers, and agents, after a reasonable period of negotiation, are deadlocked with respect to any dispute between them arising in the collective bargaining process, either party, or the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.

AB687,45,6 (2) Upon receipt of a petition to initiate fact-finding, the commission shall make an investigation with or without a formal hearing, to determine whether a deadlock in fact exists. The commission shall certify the results of the investigation. If the commission decides that fact-finding should be initiated, it shall appoint a qualified, disinterested person or, when jointly requested by the parties, a 3-member panel to function as a fact finder.

AB687,45,20 (3) The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. In making findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Upon the request of either party, the fact finder may orally present the recommendations in advance of service of the written findings and recommendations. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, the fact finder shall submit a copy to the commission at its Madison office.

AB687,45,22 (4) A fact finder may mediate a dispute at any time prior to the issuance of the fact finder's recommendations.

AB687,46,3 (5) Within 30 days of the receipt of the fact finder's recommendations or within a time mutually agreed upon by the parties, each party shall advise the other, in writing, as to the party's acceptance or rejection, in whole or in part, of the fact finder's recommendations and, at the same time, send a copy of the notification to the commission at its Madison office. Failure to comply with this subsection, by the employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).

AB687,46,9 111.996 Strike prohibited. (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the board to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

AB687,46,12 (2) The occurrence of a strike and the participation in the strike by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including all of the following:

AB687,46,14 (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating in the strike.

AB687,46,16 (b) The right to cancel the reinstatement eligibility of any employee engaging in the strike.

AB687,46,19 (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging in the strike, or to sue for damages because of such strike activity.

AB687,46,22 111.997 Management rights. Nothing in this subchapter interferes with the right of the board or the University of Wisconsin–Madison, in accordance with this subchapter, to do any of the following:

AB687,46,25 (1) Carry out the statutory mandate and goals assigned to the board or to the University of Wisconsin–Madison by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

AB687,47,4 (2) Suspend, demote, discharge, or take other appropriate disciplinary action against the employee; or to lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and nonproductive.

AB687,47,7 111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (e), matters subject to collective bargaining to the point of impasse are salaries and hours and conditions of employment.

AB687,47,13 (b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to (hm) or (jk) to (qm), the board and, with respect to a collective bargaining unit specified in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of bargaining.

AB687,47,15 (c) The board and the University of Wisconsin–Madison are prohibited from bargaining on matters contained in sub. (2).

AB687,47,21 (d) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all actions of the board and of the University of Wisconsin–Madison that are authorized under any such law that apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

AB687,47,24 (e) Neither the board nor the University of Wisconsin-Madison is required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

AB687,48,2 (2) The board and the University of Wisconsin-Madison are prohibited from bargaining on all of the following:

AB687,48,6 (a) The mission and goals of the University of Wisconsin System as set forth in the statutes; the rights granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the rights of appointment provided academic staff under s. 36.15; or academic freedom.

AB687,48,7 (b) Amendments to this subchapter.

AB687,48,9 (c) Family leave and medical leave rights below the minimum afforded under s. 103.10.