AB50,186915Section 1869. 111.84 (1) (d) of the statutes is amended to read: AB50,978,216111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91 17(1), (1w), or (3), whichever is appropriate, with a representative of a majority of its 18employees in an appropriate collective bargaining unit. Where the employer has a 19good faith doubt as to whether a labor organization claiming the support of a 20majority of its employees in appropriate collective bargaining unit does in fact have 21that support, it may file with the commission a petition requesting an election as to 22that claim. It is not deemed to have refused to bargain until an election has been 23held and the results thereof certified to it by the commission. A violation of this
1paragraph includes, but is not limited to, the refusal to execute a collective 2bargaining agreement previously orally agreed upon. AB50,18703Section 1870. 111.84 (1) (f) of the statutes is amended to read: AB50,978,124111.84 (1) (f) To deduct labor organization dues from the earnings of a public 5safety employee or an employee who is in a collective bargaining unit containing a 6frontline worker, unless the employer has been presented with an individual order 7therefor, signed by the public safety employee personally, and terminable by at least 8the end of any year of its life or earlier by the public safety employee giving at least 930 but not more than 120 days’ written notice of such termination to the employer 10and to the representative labor organization, except if there is a fair-share or 11maintenance of membership agreement in effect. The employer shall give notice to 12the labor organization of receipt of such notice of termination. AB50,187113Section 1871. 111.84 (2) (c) of the statutes is amended to read: AB50,978,2214111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 15(1), (1w), or (3), whichever is appropriate, with the duly authorized officer or agent 16of the employer which is the recognized or certified exclusive collective bargaining 17representative of employees specified in s. 111.81 (7) (a) or (ag) in an appropriate 18collective bargaining unit or with the certified exclusive collective bargaining 19representative of employees specified in s. 111.81 (7) (ar) to (f) in an appropriate 20collective bargaining unit. Such refusal to bargain shall include, but not be limited 21to, the refusal to execute a collective bargaining agreement previously orally agreed 22upon. AB50,187223Section 1872. 111.85 (1) of the statutes is amended to read: AB50,979,10
1111.85 (1) (a) No fair-share or maintenance of membership agreement 2covering public safety employees under this subchapter may become effective unless 3authorized by a referendum. The commission shall order a referendum whenever it 4receives a petition supported by proof that at least 30 percent of the public safety 5employees in a collective bargaining unit or at least 30 percent of the employees in a 6collective bargaining unit containing a frontline worker desire that a fair-share or 7maintenance of membership agreement be entered into between the employer and 8a labor organization. A petition may specify that a referendum is requested on a 9maintenance of membership agreement only, in which case the ballot shall be 10limited to that question. AB50,979,2111(b) For a fair-share agreement to be authorized, at least two-thirds of the 12eligible public safety employees voting in a referendum shall vote in favor of the 13agreement or at least two-thirds of the employees in a collective bargaining unit 14containing a frontline worker shall vote in favor of the agreement. For a 15maintenance of membership agreement to be authorized, at least a majority of the 16eligible public safety employees voting in a referendum shall vote in favor of the 17agreement or at least a majority of the employees in a collective bargaining unit 18containing a frontline worker shall vote in favor of the agreement. In a referendum 19on a fair-share agreement, if less than two-thirds but more than one-half of the 20eligible public safety employees vote in favor of the agreement, a maintenance of 21membership agreement is authorized. AB50,980,1322(c) If a fair-share or maintenance of membership agreement is authorized in a 23referendum ordered under par. (a), the employer shall enter into such an agreement
1with the labor organization named on the ballot in the referendum. Each fair-share 2or maintenance of membership agreement shall contain a provision requiring the 3employer to deduct the amount of dues as certified by the labor organization from 4the earnings of the public safety employees affected by the agreement and to pay 5the amount so deducted to the labor organization. Unless the parties agree to an 6earlier date, the agreement shall take effect 60 days after certification by the 7commission that the referendum vote authorized the agreement. The employer 8shall be held harmless against any claims, demands, suits and other forms of 9liability made by public safety the employees affected by the agreement or by local 10labor organizations which may arise for actions taken by the employer in 11compliance with this section. All such lawful claims, demands, suits, and other 12forms of liability are the responsibility of the labor organization entering into the 13agreement. AB50,980,2014(d) Under each fair-share or maintenance of membership agreement, a public 15safety an employee affected by the agreement who has religious convictions against 16dues payments to a labor organization based on teachings or tenets of a church or 17religious body of which he or she is a member shall, on request to the labor 18organization, have his or her dues paid to a charity mutually agreed upon by the 19public safety employee and the labor organization. Any dispute concerning this 20paragraph may be submitted to the commission for adjudication. AB50,187321Section 1873. 111.85 (2) of the statutes is amended to read: AB50,981,1522111.85 (2) (a) Once authorized under sub. (1), a fair-share or maintenance of 23membership agreement covering public safety employees shall continue in effect,
1subject to the right of the employer or labor organization concerned to petition the 2commission to conduct a new referendum. Such petition must be supported by 3proof that at least 30 percent of the public safety employees in the collective 4bargaining unit or at least 30 percent of the employees in a collective bargaining 5unit containing a frontline worker desire that the fair-share or maintenance of 6membership agreement be discontinued. Upon so finding, the commission shall 7conduct a new referendum. If the continuance of the fair-share or maintenance of 8membership agreement is approved in the referendum by at least the percentage of 9eligible voting public safety employees required for its initial authorization, it shall 10be continued in effect, subject to the right of the employer or labor organization to 11later initiate a further vote following the procedure prescribed in this subsection. If 12the continuation of the agreement is not supported in any referendum, it is deemed 13terminated terminates at the termination of the collective bargaining agreement, 14or one year from the date of the certification of the result of the referendum, 15whichever is earlier. AB50,982,216(b) The commission shall declare any fair-share or maintenance of 17membership agreement suspended upon such conditions and for such time as the 18commission decides whenever it finds that the labor organization involved has 19refused on the basis of race, color, sexual orientation or creed to receive as a member 20any public safety employee in the collective bargaining unit involved, and the 21agreement shall be made subject to the findings and orders of the commission. Any 22of the parties to the agreement, or any public safety employee covered thereby, may
1come before the commission, as provided in s. 111.07, and petition the commission 2to make such a finding. AB50,18743Section 1874. 111.85 (4) of the statutes is amended to read: AB50,982,74111.85 (4) The commission may, under rules adopted for that purpose, 5appoint as its agent an official of a state agency or authority whose public safety 6employees are entitled to vote in a referendum to conduct a referendum provided for 7herein under this section. AB50,18758Section 1875. 111.86 (2) of the statutes is amended to read: AB50,982,169111.86 (2) The division shall charge a state department or, agency, or 10authority the employer’s share of the cost related to grievance arbitration under 11sub. (1) for any arbitration that involves one or more employees of the state 12department or, agency, or authority. Each state department or, agency, or authority 13so charged shall pay the amount that the division charges from the appropriation 14account or accounts used to pay the salary of the grievant. Funds received under 15this subsection shall be credited to the appropriation account under s. 20.505 (1) 16(ks). AB50,187617Section 1876. 111.88 (1) of the statutes is amended to read: AB50,983,518111.88 (1) If a dispute has not been settled after a reasonable period of 19negotiation and after the settlement procedures, if any, established by the parties 20have been exhausted, the representative which has been certified by the 21commission after an election, or, in the case of a representative of employees 22specified in s. 111.81 (7) (a) or (ag), has been duly recognized by the employer, as the 23exclusive representative of employees in an appropriate collective bargaining unit,
1and the employer, its officers and agents, after a reasonable period of negotiation, 2are deadlocked with respect to any dispute between them arising in the collective 3bargaining process, the parties jointly, may petition the commission, in writing, to 4initiate fact-finding under this section, and to make recommendations to resolve 5the deadlock. AB50,18776Section 1877. 111.90 (1) of the statutes is amended to read: AB50,983,97111.90 (1) Carry out the statutory mandate and goals assigned to a state 8agency or authority by the most appropriate and efficient methods and means and 9utilize personnel in the most appropriate and efficient manner possible. AB50,187810Section 1878. 111.90 (2) of the statutes is amended to read: AB50,983,1311111.90 (2) Manage the employees of a state agency or authority; hire, 12promote, transfer, assign or retain employees in positions within the agency or 13authority; and in that regard establish reasonable work rules. AB50,187914Section 1879. 111.91 (1w) of the statutes is created to read: AB50,983,2315111.91 (1w) (a) Except as provided in pars. (b) and (c), with regard to a 16collective bargaining unit that contains at least one frontline worker, matters 17subject to collective bargaining to the point of impasse are wage rates, consistent 18with sub. (2), the assignment and reassignment of classifications to pay ranges, 19determination of an incumbent’s pay status resulting from position reallocation or 20reclassification, and pay adjustments upon temporary assignment of classified 21employees to duties of a higher classification or downward reallocations of a 22classified employee’s position; fringe benefits consistent with sub. (2); hours and 23conditions of employment. AB50,984,5
1(b) With regard to a collective bargaining unit that contains at least one 2frontline worker, the employer is not required to bargain on management rights 3under s. 111.90, except that procedures for the adjustment or settlement of 4grievances or disputes arising out of any type of disciplinary action referred to in s. 5111.90 (3) shall be a subject of bargaining. AB50,984,76(c) The employer is prohibited from bargaining on matters contained in sub. 7(2) with a collective bargaining unit that contains at least one frontline worker. AB50,18808Section 1880. 111.91 (2) (intro.) of the statutes is amended to read: