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111.04
(3) (a) (intro.)
No
Except as provided in ss. 111.05 (5), 111.075, and
14111.13, no person may require, as a condition of obtaining or continuing employment,
15an individual to do any of the following:
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16Section
18. 111.05 (1) of the statutes is amended to read:
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111.05
(1) Representatives chosen for the purposes of collective bargaining by
18a majority of the employees voting
or, for employees of the University of Wisconsin
19Hospitals and Clinics Authority, submitting confidential authorization cards in a
20collective bargaining unit shall be the exclusive representatives of all of the
21employees in such unit for the purposes of collective bargaining, provided that any
22individual employee or any minority group of employees in any collective bargaining
23unit shall have the right at any time to present grievances to their employer in person
24or through representatives of their own choosing, and the employer shall confer with
25them in relation thereto.
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1Section
19. 111.05 (2) of the statutes is amended to read:
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111.05
(2) Whenever Except as provided in sub. (5), whenever a question arises
3concerning the determination of a collective bargaining unit, it shall be determined
4by secret ballot, and the commission, upon request, shall cause the ballot to be taken
5in such manner as to show separately the wishes of the employees in any craft,
6division, department or plant as to the determination of the collective bargaining
7unit.
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8Section
20. 111.05 (3) of the statutes is amended to read:
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111.05
(3) Whenever a question arises concerning the representation of
10employees in a collective bargaining unit the commission shall determine the
11representatives thereof by taking a secret ballot of employees
or, for employees of the
12University of Wisconsin Hospitals and Clinics Authority, by collecting confidential
13authorization cards and certifying in writing the results thereof to the interested
14parties and to their employer or employers. There shall be included on any ballot
or
15confidential authorization card for the election of representatives the names of all
16persons submitted by an employee or group of employees participating in the
17election, except that the commission may, in its discretion, exclude from the ballot
18or confidential authorization card a person who, at the time of the election, stands
19deprived of the person's rights under this subchapter by reason of a prior
20adjudication of the person's having engaged in an unfair labor practice. The ballot
21or confidential authorization card shall be so prepared as to permit of a vote against
22representation by anyone named on the ballot
or confidential authorization card.
23The commission's certification of the results of any election shall be conclusive as to
24the findings included therein unless reviewed in the same manner as provided by s.
25111.07 (8) for review of orders of the commission.
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1Section
21. 111.05 (3m) of the statutes is amended to read:
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111.05
(3m) Whenever an election has been conducted pursuant to sub. (3) in
3which the name of more than one proposed representative appears on the ballot
or
4confidential authorization card and results in no conclusion, the commission may, in
5its discretion, if requested by any party to the proceeding within 30 days from the
6date of the certification of the results of such election, conduct a runoff election. In
7such runoff election, the commission may drop from the ballot
or confidential
8authorization card the name of the representative that received the least number of
9votes at the original election, or the privilege of voting against any representative
10when the least number of votes cast at the first election was against representation
11by any named representative.
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12Section
22. 111.05 (5) of the statutes is created to read:
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111.05
(5) (a) 1. Collective bargaining units for representation of the employees
14of the University of Wisconsin Hospitals and Clinics Authority shall include one unit
15for employees engaged in each of the following functions:
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a. Clerical and related.
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b. Blue collar and nonbuilding trades.
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c. Building trades crafts.
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d. Security and public safety.
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e. Technical.
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f. Fiscal and staff services.
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g. Patient care.
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2. Collective bargaining units for representation of the employees of the
25University of Wisconsin Hospitals and Clinics Authority who are engaged in a
1function not specified in subd. 1. shall be determined in the manner provided in this
2section. The creation of any collective bargaining unit for the employees is subject
3to approval of the commission. The commission may not allow fragmentation of the
4collective bargaining units or creation of any collective bargaining unit that is too
5small to provide adequate representation of employees. In approving the collective
6bargaining units, the commission shall give primary consideration to the authority's
7need to fulfill its statutory obligation.
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(b) If a single representative is certified to represent more than one of the
9collective bargaining units specified in par. (a) 1. or 2., that representative and the
10University of Wisconsin Hospitals and Clinics Authority may jointly agree to
11combine the collective bargaining units, subject to the right of the employees in any
12of the collective bargaining units that were combined to petition for a card collection
13under sub. (3). An agreement under this paragraph is effective upon written notice
14of the agreement by the parties to the commission and terminates upon written
15notice of the termination by the parties to the commission or upon decertification of
16the representative entering into the agreement as representative of one of the
17combined collective bargaining units, whichever occurs first.
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(c) The commission shall establish a procedure whereby employees of the
19University of Wisconsin Hospitals and Clinics Authority may determine whether to
20form themselves into collective bargaining units under par. (a) 1. or 2. by confidential
21authorization cards in lieu of secret ballots. The procedure shall provide that once
22a majority of employees have indicated their preference on the confidential
23authorization cards to form themselves into a collective bargaining unit under par.
24(a) 1. or 2., the collective bargaining unit is established. The procedure shall provide
25all of the following:
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11. A review of the confidential authorization cards submitted in support of a
2claim to represent a majority of the employees of a collective bargaining unit.
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2. A comparison of the employee list provided by the University of Wisconsin
4Hospitals and Clinics Authority to the commission and to the collective bargaining
5unit under s. 233.04 (2m) at least 7 days before the scheduled count of the
6confidential authorization cards.
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(d) If a majority of the employees under par. (c) have designated a
8representative as their collective bargaining unit representative, the commission
9shall certify that representative of the collective bargaining unit.
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10Section
23. 111.06 (1) (c) of the statutes is amended to read:
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111.06
(1) (c) To encourage or discourage membership in any labor
12organization, employee agency, committee, association, or representation plan by
13discrimination in regard to hiring, tenure, or other terms or conditions of
14employment
in a collective bargaining unit where an all-union agreement or
15maintenance of membership agreement is in effect as provided in s. 111.13.
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16Section
24. 111.06 (1) (cm) of the statutes is created to read: