STATE EMPLOYMENT LABOR RELATIONS ACT (UNOFFICIAL) -- AUGUST 2011
The Revisor of
Statutes has published, in unofficial form, the revised Wisconsin Statutes
including changes enacted in the budget repair law, 2011 Act 10, and the Budget
Law, 2011 Act 32. The Revisor's publication included Chapter 111 in PDF format.
What follows is an
unofficial version of the State Employment Labor Relations Act (SELRA) in HTML
format, produced by WERC Staff Attorney Richard McLaughlin, based on the
Revisor's unofficial published version. Please submit any questions about the
statutes to Peter
Davis.
CHAPTER 111
EMPLOYMENT
RELATIONS
SUBCHAPTER V
STATE EMPLOYMENT LABOR RELATIONS
111.81 Definitions.
111.815 Duties of state.
111.82 Rights of employees.
111.825 Collective bargaining units.
111.83 Representatives and elections.
111.84 Unfair labor practices.
111.845 Wage deduction prohibition.
111.85 Fair−share and maintenance of membership agreements.
111.86 Grievance arbitration.
111.87 Mediation.
111.88 Fact−finding.
111.89 Strike prohibited.
111.90 Management rights.
111.91 Subjects of bargaining.
111.915 Labor proposals.
111.92 Agreements.
111.93 Effect of labor organization; status of existing benefits and rights.
111.935 Representatives and elections for research assistants.
111.94 Rules, transcripts, training programs, fees.
SUBCHAPTER V
STATE EMPLOYMENT LABOR RELATIONS
Cross−reference: See also
chs. ERC 20, 21, 22, 23, 24, 25, 26, 27, and 28,
111.81 Definitions. In this subchapter:
(1) “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. 111.91 (1), with respect to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3), with respect to general employees, 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.
(2) “Collective bargaining unit” means a unit established under s. 111.825.
(3) “Commission” means the employment relations commission.
(3n) “Consumer
price index change” means the average annual percentage change in the consumer
price index for all urban consumers,
(4) “Craft employee” means a skilled journeyman craftsman, including the skilled journeyman craftsman’s apprentices and helpers, but shall not include employees not in direct line of progression in the craft.
(6) “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.
(7) “Employee” includes:
(a) Any state employee in the classified service of the state, as defined in s. 230.08, except limited term employees, sessional employees, project employees, supervisors, management employees and individuals who are privy to confidential matters affecting the employer−employee relationship, as well as all employees of the commission.
(ar) Any employee who is employed by the University of Wisconsin System, except an employee who is assigned to the University of Wisconsin−Madison, and except faculty under s. 36.13 and academic staff under s. 36.15.
NOTE: Par.
(ar) is created eff. 7−1−13 by 2011
(at) Any
employee who is employed by the
NOTE: Par.
(at) is created eff. 7−1−13 by 2011
(b) Program, project or teaching assistants employed by the University of Wisconsin System, except supervisors, management employees and individuals who are privy to confidential matters affecting the employer−employee relationship.
(c) Assistant district attorneys, except supervisors, management employees and individuals who are privy to confidential matters affecting the employer−employee relationship.
(e) Attorneys employed in the office of the state public defender, except supervisors, management employees or individuals who are privy to confidential matters affecting the employer− employee relationship.
(f)
Instructional staff employed by the board of regents of the
(gm) Research
assistants of the
(h) Research
assistants of the
(i) Research
assistants of the Universities of Wisconsin−Eau
Claire,
(8) “Employer”
means the state of
(9) “Fair−share agreement” means an agreement between the employer and a labor organization representing public safety employees under which all of the public safety 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.
(9g) “General employee” means an employee who is not a public safety employee.
(9m) “Instructional staff” has the meaning given in rules promulgated by the department of public instruction under s. 121.02 (1) (a) 2.
(10) “Joint committee on employment relations” means the legislative committee created under s. 13.111.
(11) “Labor dispute” means any controversy with respect to the subjects of bargaining provided in this subchapter.
(12) “Labor organization” means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters that are subject to collective bargaining under s. 111.91 (1) or (3), whichever is applicable; but the term shall not include any organization:
(a) Which
advocates the overthrow of the constitutional form of government in the
(b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation or national origin.
(12m) “Maintenance of membership agreement” means an agreement between the employer and a labor organization representing public safety employees which requires that all of the public safety employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement, and that dues shall be deducted from the earnings of all public safety employees who are hired on or after the effective date of the agreement.
(13) “Management” includes those personnel engaged predominately in executive and managerial functions, including such officials as division administrators, bureau directors, institutional heads and employees exercising similar functions and responsibilities as determined by the commission.
(14) “Office” means the office of state employment relations.
(15) “Professional employee” means:
(a) Any employee in the classified service who is engaged in work:
1. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;
2. Involving the consistent exercise of discretion and judgment in its performance;
3. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;
4. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes; or
(b) Any employee in the classified service who:
1. Has completed the courses of specialized intellectual instruction and study described in par. (a) 4.; and
2. Is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in par. (a).
(15m) “Program assistant” or “project assistant” means a graduate student enrolled in the University of Wisconsin System who is assigned to conduct research, training, administrative responsibilities or other academic or academic support projects or programs, except regular preparation of instructional materials for courses or manual or clerical assignments, under the supervision of a member of the faculty or academic staff, as defined in s. 36.05 (1) or (8), primarily for the benefit of the university, faculty or academic staff supervisor or a granting agency. “Project assistant” or “program assistant” does not include a graduate student who does work which is primarily for the benefit of the student’s own learning and research and which is independent or self−directed.
(15r) “Public safety employee” means any individual under s. 40.02 (48) (am) 7. or 8.
(16) “Referendum” means a proceeding conducted by the commission in which public safety employees in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair−share or maintenance of membership agreement or to terminate such an agreement.
(17) “Representative” includes any person chosen by an employee to represent the employee.
(17m) “Research assistant” means a graduate student enrolled in the University of Wisconsin System who is receiving a stipend to conduct research that is primarily for the benefit of the student’s own learning and research and which is independent or self−directed, but does not include students provided fellowships, scholarships, or traineeships which are distributed through other titles such as advanced opportunity fellow, fellow, scholar, or trainee, and does not include students with either an F−1 or a J−1 visa issued by the federal department of state.
(18) “Strike” includes any strike or other concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal to work or perform their usual duties as employees of the state.
(19) “Supervisor” means any individual whose principal work is different from that of the individual’s subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline employees, or to adjust their grievances, or to authoritatively recommend such action, if the individual’s exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(19m) “Teaching assistant” means a graduate student enrolled in the University of Wisconsin System who is regularly assigned teaching and related responsibilities, other than manual or clerical responsibilities, under the supervision of a member of the faculty as defined in s. 36.05 (8).
(20) “Unfair labor practice” means any unfair labor practice specified in s. 111.84.
History: 1971 c. 270; 1975 c. 238; 1977 c. 196; 1981 c. 112; 1983 a. 160, 189, 538; 1985 a. 29, 42; 1989 a. 31; 1993 a. 492; 1995 a. 27, 324; 1997 a. 35; 2001 a. 16; 2003 a. 33 ss. 1987m, 1988m, 9160; 2009 a. 28; 2011 a. 10, 32.
111.815 Duties of state. (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining unit specified in s. 111.825 (2) (f), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter.
NOTE: Sub.
(1) is affected by 2011
(1) In the furtherance of this subchapter, the
state shall be considered as a single employer and employment relations
policies and practices throughout the state service shall be as consistent as
practicable. The office shall negotiate and administer collective bargaining
agreements. To coordinate the employer position in the negotiation of
agreements, the office shall maintain close liaison with the legislature
relative to the negotiation of agreements and the fiscal ramifications of those
agreements. Except with respect to the collective bargaining unit specified in
s. 111.825 (1r)[,] {and} (1t),[,] the office is responsible for the employer
functions of the executive branch under this subchapter, and shall coordinate
its collective bargaining activities with operating state agencies on matters
of agency concern. The legislative branch shall act upon those portions of
tentative agreements negotiated by the office that require legislative
action. With respect to the collective
bargaining units specified in s. 111.825 (1r), the Board of Regents of the
(2) The director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining unit specified in s. 111.825 (2) (f). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.
NOTE: Sub.
(2) is affected by 2011
(2) The director of the office shall, together
with the appointing authorities or their representatives, represent the state
in its responsibility as an employer under this subchapter except with respect
to negotiations in the collective bargaining unit specified in s. 111.825
(1r)[,] {and} (1t)[,]. The director of the office shall establish and maintain,
wherever practicable, consistent employment relations policies and practices
throughout the state service.
(3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the director of the office shall maintain close liaison with the secretary of administration.
History: 1977 c. 196; 1983 a. 27 s. 2200 (15); 1985 a. 42; 1989 a. 31; 1995 a. 27; 2001 a. 16, 104; 2003 a. 33; 2009 a. 28; 2011 a. 10, 32; s. 13.92 (2) (i).
111.82 Rights of employees. Employees have the right of self−organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing under this subchapter, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any or all of such activities. A general employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit.
History: 1971 c. 270; 1995 a. 27; 2011 a. 10.
111.825 Collective bargaining units. (1) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employees in the classified service of the state are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:
(a) Administrative support.
(b) Blue collar and nonbuilding trades.
(c) Building trades crafts.
(cm) Law enforcement.
(d) Security and public safety.
(e) Technical.
(f) Professional:
1. Fiscal and staff services.
2. Research, statistics and analysis.
3. Legal.
4. Patient treatment.
5. Patient care.
6. Social services.
7. Education.
8. Engineering.
9. Science.
(g) Public safety employees.
(1r) Except
as provided in sub. (2), collective bargaining units for employees who are
employed by the
(a) Administrative support.
(b) Blue collar and nonbuilding trades.
(c) Building trades crafts.
(cm) Law enforcement.
(d) Security and public safety.
(e) Technical.
(eb) The
program, project and teaching assistants of the
NOTE: Par.
(eb) is shown as renumbered from sub. (2) (b) eff. 7−1−13 by 2011
(ec) The program, project and teaching assistants of the Universities of Wisconsin−Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater.
NOTE: Par.
(ec) is shown as renumbered from sub. (2) (c) eff. 7−1−13 by 2011
(ef)
Instructional staff employed by the board of regents of the
NOTE: Par.
(ef) is shown as renumbered from sub. (2) (f) eff. 7−1−13 by 2011
(eh) Research
assistants of the
NOTE: Par.
(eh) is shown as renumbered from sub. (2) (h) eff. 7−1−13 by 2011
(ei) Research assistants
of the Universities of Wisconsin−Eau
Claire,
NOTE: Par.
(ei) is shown as renumbered from sub. (2) (i) eff. 7−1−13 by 2011
(em) The
program, project, and teaching assistants of the
NOTE: Par.
(em) is shown as renumbered from sub. (2) (a), in part, and amended, eff. 7−1−13 by 2011
(er) Research
assistants of the
NOTE: Par.
(er) is shown as renumbered from sub. (2) (g), in part, and amended, eff. 7−1−13 by 2011
(f) Professional:
1. Fiscal and staff services.
2. Research, statistics, and analysis.
3. Legal.
4. Patient treatment.
5. Patient care.
6. Social services.
7. Education.
8. Engineering.
9. Science.
NOTE: Except
as noted above, sub. (1r) is created eff. 7−1−13
by 2011
(1t) Except
as provided in sub. (2), collective bargaining units for employees employed by
the
(a) Administrative support.
(b) Blue collar and nonbuilding trades.
(c) Building trades crafts.
(cm) Law enforcement.
(d) Security and public safety.
(e) Technical.
(em) The
program, project, and teaching assistants of the
NOTE: Par. (em)
is shown as renumbered from sub. (2) (a), in part, and amended, eff. 7−1−13 by 2011
(er) Research
assistants of the
NOTE: Par.
(er) is shown as renumbered from sub. (2) (g), in part, and amended, eff. 7−1−13 by 2011
(f) Professional:
1. Fiscal and staff services.
2. Research, statistics, and analysis.
3. Legal.
4. Patient treatment.
5. Patient care.
6. Social services.
7. Education.
8. Engineering.
9. Science.
NOTE: Except
as noted above, sub. (1t) is created eff. 7−1−13
by 2011
(2) Collective bargaining units for employees in the unclassified service of the state shall be structured with one collective bargaining unit for each of the following groups:
(a) The program,
project and teaching assistants of the
(b) The program,
project and teaching assistants of the
(c) The program, project and teaching assistants of the Universities of Wisconsin−Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater.
(d) Assistant district attorneys.
(e) Attorneys employed in the office of the state public defender.
(f)
Instructional staff employed by the board of regents of the
(g) Research assistants
of the
(h) Research
assistants of the
(i) Research
assistants of the Universities of Wisconsin−Eau
Claire,
NOTE: Sub.
(2) is affected eff. 7−1−13 by 2011
(2)
Collective bargaining units for employees in the unclassified service of the
state shall be structured with one collective bargaining unit for each of the
following groups:
(d) Assistant
district attorneys.
(e) Attorneys
employed in the office of the state public defender.
(3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1) and (2).
NOTE: Sub.
(3) is affected by 2011
(3) The
commission shall assign employees to the appropriate collective bargaining
units set forth in subs. (1)[,] (1r), (1t), and (2).
(4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1) or (2) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.
NOTE: Sub.
(4) is affected by 2011
(4) Any labor
organization may petition for recognition as the exclusive representative of a
collective bargaining unit specified in sub. (1)[,] (1r), (1t), or (2) in
accordance with the election procedures set forth in s. 111.83, provided the
petition is accompanied by a 30% showing of interest in the form of signed
authorization cards. Each additional labor organization seeking to appear on
the ballot shall file petitions within 60 days of the date of filing of the
original petition and prove, through signed authorization cards, that at least
10% of the employees in the collective bargaining unit want it to be their
representative.
(5) Although supervisors are not considered employees for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employees. For purposes of this subsection, affiliation does not include membership in a national, state, county or municipal federation of national or international labor organizations. The certified representative of supervisors who are not public safety employees may not bargain collectively with respect to any matter other than wages as provided in s. 111.91 (3), and the certified representative of supervisors who are public safety employees may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (1).
(6) (a) The commission shall only assign an employee of the department of administration, department of transportation or board of regents of the University of Wisconsin System who engages in the detection and prevention of crime, who enforces the laws and who is authorized to make arrests for violations of the laws; an employee of the department of administration, department of transportation or board of regents of the University of Wisconsin System who provides technical law enforcement support to such employees; and an employee of the department of transportation who engages in motor vehicle inspection or operator’s license examination to the collective bargaining unit under sub. (1) (cm).
NOTE: Par.
(a) is amended eff. 7−1−13 by 2011
(a) The
commission shall assign only an employee of the department of administration,
department of transportation, University of Wisconsin−Madison, or board of
regents of the University of Wisconsin System who engages in the detection and
prevention of crime, who enforces the laws and who is authorized to make
arrests for violations of the laws; an employee of the department of
administration, department of transportation, University of Wisconsin−Madison, or board of
regents of the University of Wisconsin System who provides technical law
enforcement support to such employees; and an employee of the department of
transportation who engages in motor vehicle inspection or operator’s license
examination to a collective bargaining unit under sub. (1) (cm), (1r) (cm), or
(1t) (cm), whichever is appropriate.
(b) The commission may assign only a public safety employee to the collective bargaining unit under sub. (1) (g).
(7) Notwithstanding
sub. (3), if on July 1, 2013, an employee of the
NOTE: Sub.
(7) is created eff. 7−1−13 by 2011
History: 1985 a. 29; 1985 a. 42 ss. 4 to 6, 8, 18; 1985 a. 332; 1987 a. 331; 1989 a. 31; 1995 a. 27, 251, 324; 1997 a. 24; 2001 a. 16; 2005 a. 253; 2009 a. 28; 2011 a. 10, 32; s. 13.92 (2) (i).
Cross−reference: See also ch.
ERC 27,
111.83 Representatives and elections. (1) Except as provided in sub. (5), a representative chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with said employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.
(2) Whenever the commission decides to permit employees to determine for themselves whether they desire to establish themselves as a collective bargaining unit, such determination shall be conducted by secret ballot. In such instances, the commission shall cause the balloting to be conducted so as to show separately the wishes of the employees in the voting group involved as to the determination of the collective bargaining unit.
(3) (a) Whenever a question arises concerning the representation of employees in a collective bargaining unit the commission shall determine the representative thereof by taking a secret ballot of the employees and certifying in writing the results thereof to the interested parties and to the director of the office. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees participating in the election as indicated in petitions filed with the commission. The name of any existing representative shall be included on the ballot without the necessity of filing a petition. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. The commission’s certification of the results of any election is conclusive as to the findings included therein unless reviewed under s. 111.07 (8).
(b) Annually, no later than December 1, the commission shall conduct an election to certify the representative of a collective bargaining unit that contains a general employee. There shall be included on the ballot the names of all labor organizations having an interest in representing the general employees participating in the election. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The commission shall certify any representative that receives at least 51 percent of the votes of all of the general employees in the collective bargaining unit. If no representative receives at least 51 percent of the votes of all of the general employees in the collective bargaining unit, at the expiration of the collective bargaining agreement, the commission shall decertify the current representative and the general employees shall be nonrepresented. Notwithstanding s. 111.82, if a representative is decertified under this paragraph, the affected general employees may not be included in a substantially similar collective bargaining unit for 12 months from the date of decertification. The commission’s certification of the results of any election is conclusive unless reviewed as provided by s. 111.07 (8). The commission shall assess and collect a certification fee for each election conducted under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.425 (1) (i).
(4) Whenever an election has been conducted under sub. (3) (a) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, if requested by any party to the proceeding within 30 days from the date of the certification of the results of the election, conduct a runoff election. In that runoff election, the commission shall drop from the ballot the name of the representative who received the least number of votes at the original election. The commission shall drop from the ballot the privilege of voting against any representative if the least number of votes cast at the first election was against representation by any named representative.
(5) (a) This subsection applies only to the collective bargaining unit specified in s. 111.825 (2) (c).
NOTE: Par.
(a) is amended eff. 7−1−13 by 2011
(a) This
subsection applies only to the collective bargaining unit specified in s.
111.825 (1r) (ec).
(b) Upon filing of a petition with the commission indicating a showing of interest of at least 30% of the employees at an institution who are included within a collective bargaining unit to be represented by a labor organization, the commission shall hold an election in which the employees in that unit at that institution may vote on the question of representation. The labor organization named in any such petition shall be included on the ballot. Within 60 days of the time that an original petition is filed, another petition may be filed with the commission indicating a showing of interest of at least 10% of the employees at the same institution who are included in the same collective bargaining unit to be represented by another labor organization, in which case the name of that labor organization shall be included on the ballot. If more than one original petition is filed within a 30−day period concerning employees in the collective bargaining unit specified in s. 111.825 (2) (c), the results of all elections held pursuant to the petitions shall be announced by the commission at the same time. The ballot shall be prepared in accordance with sub. (3), except as otherwise provided in this subsection.
NOTE: Par.
(b) is amended eff. 7−1−13 by 2011
(b) Upon
filing of a petition with the commission indicating a showing of interest of at
least 30% of the employees at an institution who are included within a
collective bargaining unit to be represented by a labor organization, the
commission shall hold an election in which the employees in that unit at that
institution may vote on the question of representation. The labor organization
named in any such petition shall be included on the ballot. Within 60 days of
the time that an original petition is filed, another petition may be filed with
the commission indicating a showing of interest of at least 10% of the
employees at the same institution who are included in the same collective
bargaining unit to be represented by another labor organization, in which case
the name of that labor organization shall be included on the ballot. If more
than one original petition is filed within a 30−day period concerning employees in the
collective bargaining unit specified in s. 111.825 (1r) (ec), the results of
all elections held pursuant to the petitions shall be announced by the
commission at the same time. The ballot shall be prepared in accordance
with sub. (3), except as otherwise provided in this subsection.
(c) Notwithstanding s. 111.825 (2) (c), the employees at any institution included within the collective bargaining unit at which no petition is filed and no election is held or at which the employees indicate, by a majority of those voting in an election, a desire not to participate in collective bargaining are not considered to be a part of that collective bargaining unit.
NOTE: Par.
(c) is amended eff. 7−1−13 by 2011
(c)
Notwithstanding s. 111.825 (1r) (ec), the employees at any institution included
within the collective bargaining unit at which no petition is filed and no
election is held or at which the employees indicate, by a majority of those
voting in an election, a desire not to participate in collective bargaining are
not considered to be a part of that collective bargaining unit.
(d) If at an election held under par. (b), a majority of the employees voting in the collective bargaining unit at all institutions in which the choice to participate in collective bargaining receives a majority of the votes cast elect to be represented by a single labor organization, that labor organization shall be the exclusive representative for all employees in that collective bargaining unit, except those excluded under par. (c).
(e) If at an election held under par. (b), a majority of the employees voting in the collective bargaining unit at all institutions in which the choice to participate in collective bargaining receives a majority of the votes cast do not elect to be represented by a single labor organization, the commission may hold one or more runoff elections under sub. (4) until one representative receives a majority of the votes cast.
(f) Notwithstanding par. (b), if a labor organization is certified to represent the employees within the collective bargaining unit at one or more institutions, and a petition is filed with the commission indicating a showing of interest by the employees at an institution which is not a part of the unit under par. (c) to be represented by a labor organization, the only question which shall appear on the ballot shall be whether the employees desire to participate in collective bargaining. A petition under this paragraph may only be filed during June in an even−numbered year. If a majority of the employees voting at the institution who are included within the collective bargaining unit vote to participate in collective bargaining, the employees at that institution shall become a part of that collective bargaining unit.
(g) If the collective bargaining unit is represented by a labor organization and a collective bargaining agreement is in effect between that labor organization and the employer, and the employees at an institution who have not voted to become a part of that collective bargaining unit vote to join the unit under par. (f), such action shall become effective on the day that the succeeding collective bargaining agreement between the representative and the employer takes effect.
(h) If a petition is filed under sub. (6) for the discontinuance of existing representation indicating a showing of interest by 30% of the total number of employees at all institutions at which employees in the collective bargaining unit have voted to become a part of the unit, the commission shall hold an election on that question at all such institutions. If a petition is filed under sub. (6) indicating a showing of interest by 30% of the employees at one or more, but not all, of the institutions at which employees in the collective bargaining unit have voted to become a part of the unit, the commission shall hold an election on that question only at the institution or institutions at which the showing is made. In such an election, the only question appearing on the ballot shall be whether the employees desire to participate in collective bargaining.
(i) If a petition is filed under sub. (6) for a change of existing representation, the commission shall hold an election on the question in accordance with par. (b), except that participation shall be limited to employees at those institutions included in the collective bargaining unit who have previously voted to become a part of the unit. Runoff elections shall be held, as provided in par. (e), when necessary. At any such election, if a majority of the total number of employees included in the collective bargaining unit at all institutions at which employees have voted to become a part of the unit elect not to participate in collective bargaining, regardless of the result of the vote at any single institution, no representative may be certified by the commission to represent the employees at any institution within that collective bargaining unit, unless a new petition and election is held under par. (b). However, if a majority of the total number of employees included in the collective bargaining unit at all institutions at which employees have voted to become a part of the unit elect to participate in collective bargaining, but a majority of the employees at one or more of the institutions elect not to participate in collective bargaining, then only the employees at those institutions electing not to participate shall not be considered a part of that collective bargaining unit.
(6) While a collective bargaining agreement between a labor organization and an employer is in force under this subchapter, a petition for an election in the collective bargaining unit to which the agreement applies may only be filed during October in the calendar year prior to the expiration of that agreement. An election held under that petition may be held only if the petition is supported by proof that at least 30% of the employees in the collective bargaining unit desire a change or discontinuance of existing representation. Within 60 days of the time that an original petition is filed, another petition may be filed supported by proof that at least 10% of the employees in the same collective bargaining unit desire a different representative. If a majority of the employees in the collective bargaining unit vote for a change or discontinuance of representation by any named representative, the decision takes effect upon expiration of any existing collective bargaining agreement between the employer and the existing representative.
(7) (b) Notwithstanding subs. (1), (3) and (6) and s. 111.825 (4), if on July 1, 2013, there is a representative recognized or certified to represent the employees in any of the collective bargaining units specified in s. 111.825 (1) (a) to (f), that representative shall become the representative of the employees in the corresponding collective bargaining units specified in s. 111.825 (1r) (a) to (f) or (1t) (a) to (f), whichever is appropriate, without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section during October 2014 or at any subsequent time when sub. (6) applies.
NOTE: Par.
(b) is created eff. 7−1−13 by 2011
History: 1971 c. 270; 1975 c. 238; 1985 a. 42; 1989 a. 336; 1995 a. 27; 2003 a. 33; 2009 a. 28; 2011 a. 10, 32.
Cross−reference: See also ch.
ERC 21,
111.84 Unfair labor practices. (1) It is an unfair labor practice for an employer individually or in concert with others:
(a) To interfere with, restrain or coerce employees in the exercise of their rights guaranteed in s. 111.82.
(b) Except as
otherwise provided in this paragraph, to initiate, create, dominate or
interfere with the formation or administration of any labor or employee
organization or contribute financial support to it. Except as provided in ss.
40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
retirement system under ch. 40 and no action by the employer that is authorized
by such a law constitutes a violation of this paragraph unless an applicable
collective bargaining agreement covering a collective bargaining unit under s.
111.825 (1) (g) specifically prohibits the change or action. No such change or
action affects the continuing duty to bargain collectively with a collective
bargaining unit under s. 111.825 (1) (g) regarding the
(c) To encourage or discourage membership in any labor organization by discrimination in regard to hiring, tenure or other terms or conditions of employment. This paragraph does not apply to fair−share or maintenance of membership agreements.
(d) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with a representative of a majority of its employees in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.
(e) To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting employees, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such award as final and binding upon them.
(f) To deduct labor organization dues from the earnings of a public safety employee, unless the employer has been presented with an individual order therefor, signed by the public safety employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee giving at least 30 but not more than 120 days’ written notice of such termination to the employer and to the representative labor organization, except if there is a fair−share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.
(g) To use any moneys received for any purpose to discourage, to train any supervisor, management employee, or other employee to discourage, or to contract with any person for the purposes of discouraging, employees in the exercise of their rights guaranteed under s. 111.82.
(2) It is unfair practice for an employee individually or in concert with others:
(a) To coerce or intimidate an employee in the enjoyment of the employee’s legal rights, including those guaranteed under s. 111.82.
(b) To coerce, intimidate or induce any officer or agent of the employer to interfere with any of the employer’s employees in the enjoyment of their legal rights including those guaranteed under s. 111.82 or to engage in any practice with regard to its employees which would constitute an unfair labor practice if undertaken by the officer or agent on the officer’s or agent’s own initiative.
(c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (b) to (f) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.
NOTE: Par.
(c) is amended eff. 7−1−13 by 2011
(c) To refuse
to bargain collectively on matters set forth in s. 111.91 (1) with the duly authorized
officer or agent of the employer which is the recognized or certified exclusive
collective bargaining representative of employees specified in s. 111.81 (7)
(a) in an appropriate collective bargaining unit or with the certified
exclusive collective bargaining representative of employees specified in s.
111.81 (7) (ar) to (g) in an appropriate collective bargaining unit. Such
refusal to bargain shall include, but not be limited to, the refusal to execute
a collective bargaining agreement previously orally agreed upon.
(d) To violate the provisions of any written agreement with respect to terms and conditions of employment affecting employees, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such awards as final and binding upon them.
(e) To engage in, induce or encourage any employees to engage in a strike, or a concerted refusal to work or perform their usual duties as employees.
(f) To coerce or intimidate a supervisory employee, officer or agent of the employer, working at the same trade or profession as the employer’s employees, to induce the person to become a member of or act in concert with the labor organization of which the employee is a member.
(3) It is an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by sub. (1) or (2).
(4) Any controversy concerning unfair labor practices may be submitted to the commission as provided in s. 111.07, except that the commission shall fix hearing on complaints involving alleged violations of sub. (2) (e) within 3 days after filing of such complaints, and notice shall be given to each party interested by service on the party personally, or by telegram, advising the party of the nature of the complaint and of the date, time and place of hearing thereon. The commission may in its discretion appoint a substitute tribunal to hear unfair labor practice charges by either appointing a 3−member panel or submitting a 7−member panel to the parties and allowing each to strike 2 names. Such panel shall report its finding to the commission for appropriate action.
History: 1971 c. 270; 1973 c. 212; 1983 a. 160; 1985 a. 42; 1989 a. 13, 31; 1991 a. 289; 1993 a. 492; 1995 a. 27; 2001 a. 16; 2009 a. 28, 289; 2011 a. 10, 32.
Cross−reference: See also ch.
ERC 22,
The state’s
termination of an employee, in part because of the employee’s participation in
union activities, violated the state employment labor relations act (SELRA),
subch. V, ch. 111. State v. WERC, 122
Unfair labor practices and collective bargaining regarding pensions as to state employees discussed. 64 Atty. Gen. 18.
111.845 Wage deduction prohibition. The employer may not deduct labor organization dues from a general employee’s earnings.
History: 2011 a. 10.
111.85 Fair−share and maintenance of membership agreements. (1) (a) No fair−share or maintenance of membership agreement covering public safety employees may become effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30% of the public safety employees in a collective bargaining unit desire that a fair−share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.
(b) For a fair−share agreement to be authorized, at least two− thirds of the eligible public safety employees voting in a referendum shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible public safety employees voting in a referendum shall vote in favor of the agreement. In a referendum on a fair−share agreement, if less than two−thirds but more than one−half of the eligible public safety employees vote in favor of the agreement, a maintenance of membership agreement is authorized.
(c) If a fair−share or maintenance of membership agreement is authorized in a referendum, the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair−share or maintenance of membership agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employees affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety employees or local labor organizations which may arise for actions taken by the employer in compliance with this section. All such lawful claims, demands, suits and other forms of liability are the responsibility of the labor organization entering into the agreement.
(d) Under each fair−share or maintenance of membership agreement, a public safety employee who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the public safety employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.
(2) (a) Once authorized, a fair−share or maintenance of membership agreement covering public safety employees shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30% of the public safety employees in the collective bargaining unit desire that the fair−share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair−share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.
(b) The commission shall declare any fair−share or maintenance of membership agreement suspended 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 public safety employee 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 public safety employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.
(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.
(4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose public safety employees are entitled to vote in a referendum to conduct a referendum provided for herein.
(5) (b) Notwithstanding sub. (1), if on July 1, 2013, there is a fair−share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (a) to (f), that fair−share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.825 (1r) (a) to (f) or (1t) (a) to (f), whichever is appropriate, without the necessity of filing a petition or conducting a referendum, subject to the right of the employees in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a).
NOTE: Par.
(b) is created eff. 7−1−13 by 2011
History: 1971 c. 270; 1981 c. 112; 1983 a. 160; 1985 a. 42; 1995 a. 27; 2011 a. 10, 32.
Cross−reference: See also ch.
ERC 26,
The
constitutional requirements of a union’s collection of agency fees under a fair−share agreement include: 1)
an adequate explanation of the basis of the fee; 2) a reasonably prompt
opportunity to challenge the amount of the fee before an impartial
decisionmaker; and 3) an escrow for the amounts reasonably in dispute. Browne
v. WERC, 169
To be chargeable
to nonunion, public sector employees under a fair share agreement, union
activities must: 1) be germane to collective bargaining activity; 2) be
justified by the government’s vital policy interest in labor peace and avoiding
“free riders;” and 3) not significantly add to the burdening of free speech
that is inherent in an agency or union shop. Browne v. WERC, 169
111.86 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.
(2) The office shall charge a state department or agency 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 state department or agency. Each state department or agency so charged shall pay the amount that the office 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).
History: 1971 c. 270; 1979 c. 32 s. 92 (15); 1985 a. 42; 1995 a. 27; 2003 a. 33.
Cross−reference: See also ch.
ERC 23,
111.87 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 request of one of the parties to the dispute. It is the function of such mediator to bring the parties together voluntarily under such favorable auspices as will tend to effectuate settlement of the dispute, but neither the mediator nor the commission shall have any power of compulsion in mediation proceedings.
History: 1971 c. 270.
Cross−reference: See also ch.
ERC 24,
111.88 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 which has been certified by the commission after an election, or, in the case of a representative of employees specified in s. 111.81 (7) (a), has been duly recognized by the employer, as the exclusive representative of employees in an appropriate collective 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, the parties jointly, may petition the commission, in writing, to initiate fact−finding under this section, and to make recommendations to resolve the deadlock.
(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. After its investigation, the commission shall certify the results thereof. If the commission decides that fact−finding should be initiated, it shall appoint a qualified, disinterested person or 3−member panel, when jointly requested by the parties, to function as a fact finder.
(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. 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 thereof to the commission at its
(4) Nothing herein shall be construed as prohibiting any fact finder from endeavoring to mediate the dispute at any time prior to the issuance of the fact finder’s recommendations.
(5) Within 30 days of the receipt of the fact finder’s recommendations or within such time period 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 such notification to the commission at its Madison office. Failure to comply with this subsection, by the state employer or employee representative, constitutes a violation of s. 111.84 (1) (d) or (2) (c).
History: 1971 c. 270; 1985 a. 42; 1993 a. 492; 1995 a. 225.
Cross−reference: See also
chs. ERC 25 and 40,
111.89 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. 111.84 (2) (e) or both. It is the responsibility of the office 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.
(2) The occurrence of a strike and the participation therein by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including:
(a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating therein;
(b) The right to cancel the reinstatement eligibility of any employee engaging therein; and
(c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging therein, or to sue for damages because of such strike activity.
History: 1971 c. 270; 1977 c. 196 s. 130 (9); 1977 c. 273; 1985 a. 42; 1989 a. 336; 1995 a. 27; 2003 a. 33.
111.90 Management rights. Nothing in this subchapter shall interfere with the right of the employer, in accordance with this subchapter to:
(1) Carry out the statutory mandate and goals assigned to a state agency by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.
(2) Manage the employees of a state agency; hire, promote, transfer, assign or retain employees in positions within the agency; and in that regard establish reasonable work rules.
(3) Suspend, demote, discharge or take other appropriate disciplinary action against the employee for just cause; 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.
History: 1971 c. 270; 1995 a. 27; 2011 a. 10.
111.91 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (d), with regard to a collective bargaining unit under s. 111.825 (1) (g), matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent’s pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified public safety employees to duties of a higher classification or downward reallocations of a classified public safety employee’s position; fringe benefits consistent with sub. (2); hours and conditions of employment.
(b) The employer is not required to bargain with a collective bargaining unit under s. 111.825 (1) (g) on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of bargaining.
(c) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).
(cm) 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 employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to the public safety employees.
(d) In the case of a collective bargaining unit under s. 111.825 (1) (g), demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.
(2) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) with respect to all of the following:
(a) The mission and goals of state agencies as set forth in the statutes.
(b) Policies, practices and procedures of the civil service merit system relating to:
1. Original appointments and promotions specifically including recruitment, examinations, certification, policies with respect to probationary periods and appointments, but not including transfers between positions allocated to classifications that are assigned to the same pay range or an identical pay range in a different pay schedule, within the same collective bargaining unit or another collective bargaining unit represented by the same labor organization.
2. The job evaluation system specifically including position classification and reclassification, position qualification standards, establishment and abolition of classifications, and allocation and reallocation of positions to classifications; and the determination of an incumbent’s status, other than pay status, resulting from position reallocations.
(c) Disciplinary actions and position abandonments governed by s. 230.34 (1) (a), (am) and (ar), except as provided in those paragraphs.
(d) Amendments to this subchapter.
(e) Matters related to grants made by the department of transportation under s. 85.107 (3) (b).
(f) Family leave and medical leave rights below the minimum afforded under s. 103.10. Nothing in this paragraph prohibits the employer from bargaining on rights to family leave or medical leave which are more generous to the employee than the rights provided under s. 103.10.
(fm) If the collective bargaining unit contains a public safety employee initially employed on or after July 1, 2011, the requirement under s. 40.05 (1) (b) that the employer may not pay, on behalf of that public safety employee, any employee required contributions or the employee share of required contributions and the impact of this requirement on the wages, hours, and conditions of employment of that public safety employee.
(g) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a) 3.
NOTE: Section
40.05 (2n) was repealed by 2011
(gm) Reemployment rights of employees under s. 230.32 (7).
(gr) The right of an employee to take leave to participate in an emergency service operation of the Civil Air Patrol under s. 321.66 (2) (a).
(gu) The right of a public safety employee, who is an employee, as defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical technician, first responder, or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).
(h) The rights of employees to have retirement benefits computed under s. 40.30.
(i) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.
(j) Creditable service to which s. 40.285 (2) (b) 4. applies.
(k) Compliance with the health benefit plan requirements under ss. 632.746 (1) to (8) and (10), 632.747 and 632.748.
(kc) Compliance with the insurance requirements under s. 631.95.
(km) The definition of earnings under s. 40.02 (22).
(L) The maximum benefit limitations under s. 40.31.
(m) The limitations on contributions under s. 40.32.
(n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14), (16), and (16m) and (17).
NOTE: Par.
(n) is shown as affected by 2009
(nm) The requirements related to providing coverage for a dependent under s. 632.885 and to continuing coverage for a dependent student on a medical leave of absence under s. 632.895 (15).
(o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.
(p) The requirements related to coverage of drugs and devices under s. 632.853.
(q) The requirements related to experimental treatment under s. 632.855.
(qm) The requirements under s. 632.89 relating to coverage of treatment for nervous and mental disorders and alcoholism and other drug problems.
(r) The requirements under s. 609.10 related to offering a point−of−service option plan.
(s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.
(3) The employer is prohibited from bargaining with a collective bargaining unit containing a general employee with respect to any of the following:
(a) Any factor or condition of employment except wages, which includes only total base wages and excludes any other compensation, which includes, but is not limited to, overtime, premium pay, merit pay, performance pay, supplemental compensation, pay schedules, and automatic pay progressions.
(b) Unless the electors in a statewide referendum approve a total base wages increase that exceeds the total base wages expenditure described in this paragraph, any proposal that does any of the following:
1. If there is an increase in the consumer price index change, provides for total base wages for authorized positions in the proposed collective bargaining agreement that exceeds the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the consumer price index change.
2. If there is a decrease or no change in the consumer price index change, provides for any change in total base wages for authorized positions in the proposed collective bargaining agreement from the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement.
(3q) For purposes of determining compliance with sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a general employee, the consumer price index change during any 12−month period. The commission may get the information from the department of revenue.
(4) The director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a), shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.
NOTE: Sub.
(4) is amended eff. 7−1−13 by 2011
(4) The
director of the office, in connection with the development of tentative
collective bargaining agreements to be submitted under s. 111.92 (1) (a) 1.,
shall endeavor to obtain tentative agreements with each recognized or certified
labor organization representing employees or supervisors of employees specified
in s. 111.81 (7) (a) and with each certified labor organization representing
employees specified in s. 111.81 (7) (b) to (e) which do not contain any
provision for the payment to any employee of a cumulative or noncumulative
amount of compensation in recognition of or based on the period of time an
employee has been employed by the state.
History: 1971 c. 270; 1975 c. 39, 224; 1977 c. 196; 1979 c. 221; 1983 a. 27; 1985 a. 42; 1987 a. 27, 287, 331; 1989 a. 13, 31, 323; 1991 a. 269, 289; 1995 a. 27, 289; 1995 a. 302 s. 48; 1997 a. 27, 35, 155, 237; 1999 a. 9, 95, 115, 155; 2001 a. 16, 26; 2003 a. 33; 2007 a. 36; 2009 a. 14, 28, 56, 140, 218, 276, 346; 2011 a. 10, 32; s. 13.92 (1) (bm) 2., (2) (i).
The effective
date of state employees’ collective bargaining agreements is a mandatory
subject of bargaining. Department of Administration v. WERC, 90
Matters that affect the separate interests of bargaining units, such as the interest in not losing work to another unit, are not conditions of employment under sub. (3). Sub. (2) (b) 2., prohibiting bargaining regarding job classification and allocation, will not be overridden by permitting the loss of bargaining unit work on account of a position reallocation to be bargained, grieved, or arbitrated. WERC v. Wisconsin Building Trades Negotiating Committee, 2003 WI App 178, 266 Wis. 2d 512, 669 N.W.2d 499, 02−2232.
Unfair labor practices and collective bargaining regarding pensions as to state employees discussed. 64 Atty. Gen. 18.
111.915 Labor proposals. The director of the office shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.
History: 1977 c. 196; 2003 a. 33.
111.92 Agreements. (1) (a) Any tentative agreement reached between the office and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) shall, after official ratification by the labor organization, be submitted by the office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee’s concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.
NOTE: Par.
(a) is affected effective 7−1−13 by 2011
(a) 1. Any
tentative agreement reached between the office and any labor organization
representing a collective bargaining unit specified in s. 111.825 (1) or (2)
(d) or (e) shall, after official ratification by the labor organization, be
submitted by the office to the joint committee on employment relations, which
shall hold a public hearing before determining its approval or
disapproval.
2. Any
tentative agreement reached between the Board of Regents of the University of
Wisconsin System, acting for the state, and any labor organization representing
a collective bargaining unit specified in s. 111.825 (1r) shall, after official
ratification by the labor organization, be submitted by the Board of Regents of
the University of Wisconsin System to the joint committee on employment
relations, which shall hold a public hearing before determining its approval or
disapproval.
3. Any
tentative agreement reached between the University of Wisconsin−Madison, acting for the
state, and any labor organization representing a collective bargaining unit
specified in s. 111.825 (1t) shall, after official ratification by the labor
organization, be submitted by the University of Wisconsin−Madison to the joint
committee on employment relations, which shall hold a public hearing before
determining its approval or disapproval.
4. If the
committee approves a tentative agreement under subd. 1., 2., or 3., it shall
introduce in a bill or companion bills, to be put on the calendar or referred
to the appropriate scheduling committee of each house, that portion of the
tentative agreement which requires legislative action for implementation, such
as salary and wage adjustments, changes in fringe benefits, and any proposed
amendments, deletions or additions to existing law. Such bill or companion
bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2).
The committee may, however, submit suitable portions of the tentative agreement
to appropriate legislative committees for advisory recommendations on the
proposed terms. The committee shall
accompany the introduction of such proposed legislation with a message that
informs the legislature of the committee’s concurrence with the matters under
consideration and which recommends the passage of such legislation without
change. If the joint committee on employment relations does not approve the
tentative agreement, it shall be returned to the parties for
renegotiation. If the legislature does
not adopt without change that portion of the tentative agreement introduced by
the joint committee on employment relations, the tentative agreement shall be
returned to the parties for renegotiation.
(c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1r) (ef) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin−Parkside, be executed by the parties.
(2) No portion of any tentative agreement shall become effective separately.
(3) (a) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) shall coincide with the fiscal year or biennium.
(b) No agreements covering a collective bargaining unit containing a general employee may be for a period that exceeds one year, and each agreement must coincide with the fiscal year. Agreements covering a collective bargaining unit containing a general employee may not be extended.
(4) It is the declared intention under this subchapter that the negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.
(5) Notwithstanding any other provision of the statutes, all compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.
History: 1971 c. 270; 1977 c. 196 s. 130 (9); 1981 c. 20 s. 2202 (33) (b); 1981 c. 126, 391; 1985 a. 42 s. 29; 1989 a. 336; 1995 a. 27; 2001 a. 16; 2003 a. 33; 2009 a. 28; 2011 a. 10, 32; s. 13.92 (2) (i).
Courts have no
jurisdiction to review legislative rules of proceeding, which are those rules
having “to do with the process the legislature uses to propose or pass
legislation or how it determines the qualifications of its members.” Sub. (1)
(a) does not set forth a legislative rule of proceeding.
Matters within the scope of bargaining under s. 111.91, agreed to by the department of administration and a state employee union, are not effective until submitted as tentative agreements to and approved by the joint committee on employment relations. 67 Atty. Gen 38.
111.93 Effect of labor organization; status of existing benefits and rights. (1) If no collective bargaining agreement exists between the employer and a labor organization representing classified employees in a collective bargaining unit for which a representative is recognized or certified, employees in the unit shall retain the right of appeal under s. 230.44.
(2) All civil service and other applicable statutes concerning wages, fringe benefits, hours and conditions of employment apply to employees specified in s. 111.81 (7) (a) who are not included in collective bargaining units for which a representative is recognized or certified and to employees specified in s. 111.81 (7) (b) to (f) who are not included in a collective bargaining unit for which a representative is certified.
(3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), all of the following apply:
(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), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of 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.
(b) If a collective bargaining agreement exists between the employer and a labor organization representing general employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.
NOTE: Sub.
(3) is affected effective 7−1−13 by 2011
(3) Except as
provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and
(3) (e) 6., and 230.88 (2) (b), all of the following apply:
(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), 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.
(b) If a
collective bargaining agreement exists between the employer and a labor
organization representing general employees in a collective bargaining unit,
the provisions of that agreement shall supersede the provisions of civil service
and other applicable statutes, as well as rules and policies of the board of
regents of the University of Wisconsin System, related to wages, whether or not
the matters contained in those statutes, rules, and policies are set forth in
the collective bargaining agreement.
History: 1971 c. 270, 336; 1977 c. 196 s. 131; 1981 c. 187; 1983 a. 46, 409; 1985 a. 42; 1989 a. 13, 31; 1999 a. 101, 125; 2001 a. 16, 38; 2011 a. 10, 32; s. 13.92 (2) (i).
Matters that affect the separate interests of bargaining units, such as the interest in not losing work to another unit, are not conditions of employment under sub. (3). Sub. (2) (b) 2., prohibiting bargaining regarding job classification and allocation, will not be overridden by permitting the loss of bargaining unit work on account of a position reallocation to be bargained, grieved, or arbitrated. WERC v. Wisconsin Building Trades Negotiating Committee, 2003 WI App 178, 266 Wis. 2d 512, 669 N.W.2d 499, 02−2232.
A statutory
provision that is being superseded by a collective bargaining agreement under
sub. (3) must relate to conditions of employment. The disclosure requirement of
the public records law, s. 19.35 (1) (a) relates to informing the public about
the affairs of government through the provision of public records and does not
relate to conditions of employment as that term is used in sub. (3) and a
bargaining agreement provision does not supersede s. 19.35 (1) (a).
111.935 Representatives and elections for research assistants. (1) In this section, “authorization card” means a signed card that employees complete to indicate their preferences regarding collective bargaining.
(2) Notwithstanding s. 111.83 (2), the commission shall establish a procedure whereby research assistants may determine whether to form themselves into collective bargaining units under s. 111.825 (2) (g), (h), or (i) by authorization cards in lieu of secret ballot. The procedure shall provide that once a majority of research assistants have indicated their preference on the authorization cards to form themselves into a collective bargaining unit, the collective bargaining unit is established.
NOTE: Sub.
(2) is amended eff. 7−1−13 by 2011
(2)
Notwithstanding s. 111.83 (2), the commission shall establish a procedure
whereby research assistants may determine whether to form themselves into
collective bargaining units under s. 111.825 (1r) (eh), (ei), or (er) or (1t)
(er) by authorization cards in lieu of secret ballot. The procedure shall
provide that once a majority of research assistants have indicated their
preference on the authorization cards to form themselves into a collective
bargaining unit, the collective bargaining unit is established.
History: 2009 a. 28; 2011 a. 32.
111.94 Rules, transcripts, training programs, fees. (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i).
(2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.84. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.86. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact−finding under s. 111.88. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.87. For the performance of commission actions under s. 111.86, 111.87 and 111.88, the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.84, the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact−finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact−finding, mediation or arbitration. A complaint or request for fact−finding, mediation or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).
(3) The commission may provide training programs to individuals and organizations on collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining, and may charge a reasonable fee for participation in the programs.
Cross−reference: See also ch.
ERC 50,
History: 1971 c. 270; 1973 c. 90; 1981 c. 20; 1983 a. 27; 1991 a. 39; 1995 a. 27; 2003 a. 33.
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This page is a public domain communication of the Wisconsin Employment Relations Commission. The URL of this page is {http://werc.wi.gov/selra_aug_2011}. Last modified on 17 AUG 2011. Comments, questions and suggestions.