2021 Assembly BILL 687

November 12, 2021 - Introduced by Representatives Shankland, Hesselbein, Subeck, Neubauer, Sinicki, Emerson, Considine, Billings, Spreitzer, Hintz, Anderson, Vining, Stubbs, Vruwink, Doyle, Baldeh, Milroy, Ohnstad, S. Rodriguez, Pope, Conley, Shelton, Hebl, Hong, Brostoff, Snodgrass, Haywood, Moore Omokunde, Goyke, Andraca, Bowen, Cabrera, Drake, McGuire, B. Meyers, L. Myers, Ortiz-Velez and Riemer, cosponsored by Senators Larson, Roys, Agard, Ringhand, Wirch, Johnson, Carpenter, Bewley, Smith, Pfaff, Erpenbach and L. Taylor. Referred to Committee on Labor and Integrated Employment.

AB687,2,3 An Act to amend 7.33 (4), 13.111 (2), 16.50 (3) (e), 19.82 (1), 19.85 (3), 19.86, 20.425 (1) (a), 20.425 (1) (i), 20.505 (1) (ks), 20.505 (1) (kz), 20.917 (3) (b), 20.921 (1) (a) 2., 20.923 (6) (intro.), 36.09 (1) (j), 40.02 (25) (b) 8., 40.05 (4g) (a) 4., 40.80 (3), 40.81 (3), 111.70 (1) (a), 111.70 (1) (fm), 111.70 (1) (j), 111.70 (3) (a) 5., 111.70 (3) (a) 6., 111.70 (4) (cg) (title), 1. to 5. and 6. a., 111.70 (4) (cg) 7r. d., 111.70 (4) (cg) 7r. e., 111.70 (4) (cg) 7r. f., 111.70 (4) (cg) 7r. h., 111.70 (4) (cg) 8m., 111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (p), 111.70 (7m) (c) 1. a., 111.81 (1), 111.81 (9g), 111.81 (12m), 111.81 (16), 111.825 (5), 111.83 (1), 111.83 (5) (d), 111.83 (5) (e), 111.83 (5) (f), 111.84 (1) (f), 111.85 (1) (a), 111.85 (1) (b), 111.85 (1) (c), 111.85 (1) (d), 111.85 (2) (a), 111.85 (2) (b), 111.85 (4), 111.91 (1) (a), 111.91 (1) (b), 111.91 (1) (c), 111.93 (3) (a), 230.01 (3), 230.046 (10) (a), 230.12 (3) (e) 1., 230.35 (2d) (e), 230.35 (3) (e) 6. and 230.88 (2) (b); and to create 111.70 (1) (cn), 111.70 (1) (om) and subchapter VI of chapter 111 [precedes 111.95] of the statutes; relating to: collective bargaining for employees of school districts, employees of cooperative educational service agencies, employees of technical college districts, and employees of the University of Wisconsin System and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill allows employees of school districts, employees of cooperative educational service agencies, and employees of technical college districts, if the employees are not in managerial or supervisory positions, to collectively bargain over wages, hours, and conditions of employment. This bill also allows the University of Wisconsin System and employees to collectively bargain over wages, hours, and conditions of employment. Finally, the bill allows faculty and academic staff of the UW System to organize and to collectively bargain over wages, hours, and conditions of employment. Under current law, public employers and employees are prohibited from bargaining collectively except as expressly provided in the statutes.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB687,1 Section 1. 7.33 (4) of the statutes is amended to read:

AB687,2,14 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB687,2 Section 2. 13.111 (2) of the statutes is amended to read:

AB687,3,3 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch. 230, and ss. 16.53 (1) (d) 1., 20.916, 20.917, and 20.923.

AB687,3 Section 3. 16.50 (3) (e) of the statutes is amended to read:

AB687,3,7 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V or VI of ch. 111.

AB687,4 Section 4. 19.82 (1) of the statutes is amended to read:

AB687,3,17 19.82 (1) “Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a long-term care district under s. 46.2895; or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV, or V, or VI of ch. 111.

AB687,5 Section 5. 19.85 (3) of the statutes is amended to read:

AB687,3,22 19.85 (3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111 which has been negotiated by such body or on its behalf.

AB687,6 Section 6. 19.86 of the statutes is amended to read:

AB687,4,4 19.86 Notice of collective bargaining negotiations. Notwithstanding s. 19.82 (1), where notice has been given by either party to a collective bargaining agreement under subch. I, IV, or V, or VI of ch. 111 to reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given by the employer's chief officer or such person's designee.

AB687,7 Section 7. 20.425 (1) (a) of the statutes is amended to read:

AB687,4,7 20.425 (1) (a) General program operations. The amounts in the schedule for the purposes provided in subchs. I, IV, and V , and VI of ch. 111 and s. 230.45 (1).

AB687,8 Section 8. 20.425 (1) (i) of the statutes is amended to read:

AB687,4,21 20.425 (1) (i) Fees, collective bargaining training, publications, and appeals. The amounts in the schedule for the performance of fact-finding, mediation, certification, and arbitration functions, for the provision of copies of transcripts, for the cost of operating training programs under ss. 111.09 (3), 111.71 (5m), and 111.94 (3), for the preparation of publications, transcripts, reports, and other copied material, and for costs related to conducting appeals under s. 230.45. All moneys received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3) (b), 111.94 (1) and (2), 111.9993, and 230.45 (3), all moneys received from arbitrators and arbitration panel members, and individuals who are interested in serving in such positions, and from individuals and organizations who participate in other collective bargaining training programs conducted by the commission, and all moneys received from the sale of publications, transcripts, reports, and other copied material shall be credited to this appropriation account.

AB687,9 Section 9. 20.505 (1) (ks) of the statutes is amended to read:

AB687,5,8 20.505 (1) (ks) Collective bargaining grievance arbitrations. The amounts in the schedule for the payment of the state's share of costs related to collective bargaining grievance arbitrations under s. 111.86 and related to collective bargaining grievance arbitrations under s. 111.993. All moneys received from state agencies for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.86 and to reimburse the state's share of costs for training related to grievance arbitrations, and all moneys received from institutions, as defined in s. 36.05 (9), for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.993 and to reimburse the state's share of costs for training related to grievance arbitrations shall be credited to this appropriation account.

AB687,10 Section 10. 20.505 (1) (kz) of the statutes is amended to read: