Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB908 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 908
5	5	January 4, 2024 - Introduced by Representatives CABRERA, SINICKI, C. ANDERSON,
6	6	J. ANDERSON, BARE, CONSIDINE, DOYLE, EMERSON, HAYWOOD, HONG, JOERS,
7	7	NEUBAUER, OHNSTAD, PALMERI, RATCLIFF, SHANKLAND, SHELTON, SNODGRASS,
8	8	STUBBS, SUBECK, JACOBSON and MADISON, cosponsored by Senators LARSON,
9	9	AGARD, CARPENTER, HESSELBEIN, ROYS, SPREITZER, WIRCH and L. JOHNSON.
10	10	Referred to Committee on Labor and Integrated Employment.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to repeal 66.0506, 66.0508, 66.0509 (1m), 73.03 (68), 111.70 (1) (cm),
13	13	111.70 (3) (a) 7m., 111.70 (3) (b) 6m., 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70
14	14	(4) (mb), 111.70 (4) (mbb), 111.71 (4m), 111.71 (5m), 111.81 (3n), 111.83 (3) (b),
15	15	111.91 (3) (b), 111.91 (3q), 118.245 and 120.12 (4m); to renumber 111.83 (3) (a);
16	16	to renumber and amend 111.70 (4) (c) 1. and 111.70 (4) (cm) 1.; to
17	17	consolidate and renumber 111.70 (4) (d) 3. a. and c.; to consolidate,
18	18	renumber and amend 111.91 (3) (intro.) and (a); to amend 20.425 (1) (i),
19	19	111.70 (1) (a), 111.70 (3) (a) 5., 111.70 (4) (c) (title), 111.70 (4) (c) 2., 111.70 (4) (c)
20	20	3. (intro.), 111.70 (4) (cm) (title), 111.70 (4) (cm) 2., 3. and 4., 111.70 (4) (cm) 8m.,
21	21	111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (p), 111.70 (8) (a), 111.71 (2), 111.77
22	22	(9), 111.825 (5), 111.83 (1), 111.83 (4), 119.04 (1), 120.18 (1) (gm), 851.71 (4) and
23	23	904.085 (2) (a); and to create 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (4) (c) 1g.,
24	24	111.70 (4) (cm) 1g., 111.70 (4) (cm) 5., 111.70 (4) (cm) 6., 111.70 (4) (cm) 7., 111.70
25	25	(4) (cm) 7g., 111.70 (4) (cm) 7r., 111.70 (4) (cm) 8., 111.70 (4) (n), 111.70 (7m) (c)
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41	41	ASSEMBLY BILL 908
42	42	3., 111.70 (7m) (e), 111.71 (4) and 111.71 (5) of the statutes; relating to:
43	43	bargaining over wages, hours, and conditions of employment for public
44	44	employees.
45	45	Analysis by the Legislative Reference Bureau
46	46	Under current law, the only subject that most state and municipal employees
47	47	may collectively bargain over is a percentage increase in base wages that does not
48	48	exceed the percentage increase in the consumer price index. This bill removes that
49	49	limitation so that state and municipal employees may bargain over any increase in
50	50	wages.
51	51	Also, under current law, certain protective occupation participants under the
52	52	Wisconsin Retirement System, known as public safety employees, and certain
53	53	municipal transit employees may collectively bargain wages, hours, and conditions
54	54	of employment. Under the bill, most state and general municipal employees may
55	55	collectively bargain hours and conditions of employment.
56	56	The bill also allows all municipal employers and labor organizations to agree
57	57	to a dispute settlement procedure, including binding interest arbitration, to resolve
58	58	an impasse over the terms of a collective bargaining agreement under the Municipal
59	59	Employment Relations Act.
60	60	Under current law, representatives for most municipal and state employee
61	61	bargaining units must be selected by at least 51 percent of the employees in the
62	62	bargaining unit. The bill changes that requirement to a simple majority of the
63	63	employees voting in the collective bargaining unit.
64	64	Finally, under current law, representatives for most municipal and state
65	65	employee bargaining units must be certified annually by receiving at least 51 percent
66	66	of the vote of the employees in the bargaining unit. The bill repeals this certification
67	67	requirement.
68	68	For further information see the state and local fiscal estimate, which will be
69	69	printed as an appendix to this bill.
70	70	The people of the state of Wisconsin, represented in senate and assembly, do
71	71	enact as follows:
72	72	SECTION 1. 20.425 (1) (i) of the statutes is amended to read:
73	73	20.425 (1) (i) Fees, collective bargaining training, publications, and appeals.
74	74	The amounts in the schedule for the performance of fact-finding, mediation,
75	75	certification, and arbitration functions, for the provision of copies of transcripts, for
76	76	the cost of operating training programs under ss. 111.09 (3), 111.71 (5m) (5), and
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87	87	SECTION 1
88	88	ASSEMBLY BILL 908
89	89	111.94 (3), for the preparation of publications, transcripts, reports, and other copied
90	90	material, and for costs related to conducting appeals under s. 230.45. All moneys
91	91	received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3)
92	92	(b), 111.94 (1) and (2), and 230.45 (3), all moneys received from arbitrators and
93	93	arbitration panel members, and individuals who are interested in serving in such
94	94	positions, and from individuals and organizations who participate in other collective
95	95	bargaining training programs conducted by the commission, and all moneys received
96	96	from the sale of publications, transcripts, reports, and other copied material shall be
97	97	credited to this appropriation account.
98	98	SECTION 2. 66.0506 of the statutes is repealed.
99	99	SECTION 3. 66.0508 of the statutes is repealed.
100	100	SECTION 4. 66.0509 (1m) of the statutes is repealed.
101	101	SECTION 5. 73.03 (68) of the statutes is repealed.
102	102	SECTION 6. 111.70 (1) (a) of the statutes is amended to read:
103	103	111.70 (1) (a) “Collective bargaining" means the performance of the mutual
104	104	obligation of a municipal employer, through its officers and agents, and the
105	105	representative of its municipal employees in a collective bargaining unit, to meet and
106	106	confer at reasonable times, in good faith, with the intention of reaching an
107	107	agreement, or to resolve questions arising under such an agreement, with respect to
108	108	wages, hours, and conditions of employment for public safety employees or transit
109	109	employees and with respect to wages for general municipal employees, and with
110	110	respect to a requirement of the municipal employer for a municipal employee to
111	111	perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
112	112	(2e) and for a school district with respect to any matter under sub. (4) (n), except as
113	113	provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal
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140	140	SECTION 6 ASSEMBLY BILL 908
141	141	employer shall not meet and confer with respect to any proposal to diminish or
142	142	abridge the rights guaranteed to any public safety employees under ch. 164.
143	143	Collective bargaining includes the reduction of any agreement reached to a written
144	144	and signed document.
145	145	SECTION 7. 111.70 (1) (cm) of the statutes is repealed.
146	146	SECTION 8. 111.70 (3) (a) 5. of the statutes is amended to read:
147	147	111.70 (3) (a) 5. To violate any collective bargaining agreement previously
148	148	agreed upon by the parties with respect to wages, hours, and conditions of
149	149	employment affecting public safety employees or transit municipal employees,
150	150	including an agreement to arbitrate questions arising as to the meaning or
151	151	application of the terms of a collective bargaining agreement or to accept the terms
152	152	of such arbitration award, where previously the parties have agreed to accept such
153	153	award as final and binding upon them or to violate any collective bargaining
154	154	agreement affecting general municipal employees, that was previously agreed upon
155	155	by the parties with respect to wages.
156	156	SECTION 9. 111.70 (3) (a) 7. of the statutes is created to read:
157	157	111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
158	158	lawfully made under sub. (4) (cm).
159	159	SECTION 10. 111.70 (3) (a) 7m. of the statutes is repealed.
160	160	SECTION 11. 111.70 (3) (b) 6. of the statutes is created to read:
161	161	111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
162	162	lawfully made under sub. (4) (cm).
163	163	SECTION 12. 111.70 (3) (b) 6m. of the statutes is repealed.
164	164	SECTION 13. 111.70 (4) (c) (title) of the statutes is amended to read:
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191	191	SECTION 13
192	192	ASSEMBLY BILL 908
193	193	111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety
194	194	employees law enforcement and fire fighting personnel.
195	195	SECTION 14. 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m. and
196	196	amended to read:
197	197	111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in
198	198	labor disputes involving a collective bargaining unit containing a public safety
199	199	employee. Such mediation may be carried on by a person designated to act by the
200	200	commission upon request of one or both of the parties or upon initiation of the
201	201	commission. The function of the mediator is to encourage voluntary settlement by
202	202	the parties but no mediator has the power of compulsion.
203	203	SECTION 15. 111.70 (4) (c) 1g. of the statutes is created to read:
204	204	111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal
205	205	employees who are engaged in law enforcement or fire fighting functions.
206	206	SECTION 16. 111.70 (4) (c) 2. of the statutes is amended to read:
207	207	111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
208	208	or application of the terms of a written collective bargaining agreement involving a
209	209	collective bargaining unit containing a public safety employee may agree in writing
210	210	to have the commission or any other appropriate agency serve as arbitrator or may
211	211	designate any other competent, impartial and disinterested person to so serve.
212	212	SECTION 17. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
213	213	111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
214	214	involving a collective bargaining unit containing a public safety employee has not
215	215	been settled after a reasonable period of negotiation and after the settlement
216	216	procedures, if any, established by the parties have been exhausted, and the parties
217	217	are deadlocked with respect to any dispute between them arising in the collective
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244	244	SECTION 17 ASSEMBLY BILL 908
245	245	bargaining process, either party, or the parties jointly, may petition the commission,
246	246	in writing, to initiate fact-finding, and to make recommendations to resolve the
247	247	deadlock, as follows:
248	248	SECTION 18. 111.70 (4) (cg) of the statutes is repealed.
249	249	SECTION 19. 111.70 (4) (cm) (title) of the statutes is amended to read:
250	250	111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general
251	251	municipal employees other personnel.
252	252	SECTION 20. 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm) 1m.
253	253	and amended to read:
254	254	111.70 (4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
255	255	purpose of advising the commission of the commencement of contract negotiations
256	256	involving a collective bargaining unit containing general municipal employees,
257	257	whenever either party requests the other to reopen negotiations under a binding
258	258	collective bargaining agreement, or the parties otherwise commence negotiations if
259	259	no such agreement exists, the party requesting negotiations shall immediately notify
260	260	the commission in writing. Upon failure of the requesting party to provide such
261	261	notice, the other party may so notify the commission. The notice shall specify the
262	262	expiration date of the existing collective bargaining agreement, if any, and shall set
263	263	forth any additional information the commission may require on a form provided by
264	264	the commission.
265	265	SECTION 21. 111.70 (4) (cm) 1g. of the statutes is created to read:
266	266	111.70 (4) (cm) 1g. `Application.' a. Chapter 788 does not apply to arbitration
267	267	proceedings under this paragraph.
268	268	b. This paragraph does not apply to labor disputes involving municipal
269	269	employees who are engaged in law enforcement or fire fighting functions.
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297	297	SECTION 22
298	298	ASSEMBLY BILL 908
299	299	SECTION 22. 111.70 (4) (cm) 2., 3. and 4. of the statutes are amended to read:
300	300	111.70 (4) (cm) 2. `Presentation of initial proposals; open meetings.' The
301	301	meetings between parties to a collective bargaining agreement or proposed collective
302	302	bargaining agreement under this subchapter that involve a collective bargaining
303	303	unit containing a general municipal employee and that are held for the purpose of
304	304	presenting initial bargaining proposals, along with supporting rationale, shall be are
305	305	open to the public. Each party shall submit its initial bargaining proposals to the
306	306	other party in writing. Failure to comply with this subdivision is not cause to
307	307	invalidate a collective bargaining agreement under this subchapter.
308	308	3. `Mediation.' The commission or its designee shall function as mediator in
309	309	labor disputes involving general municipal employees upon request of one or both of
310	310	the parties, or upon initiation of the commission. The function of the mediator shall
311	311	be to encourage voluntary settlement by the parties. No mediator has the power of
312	312	compulsion.
313	313	4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
314	314	application of the terms of a written collective bargaining agreement involving a
315	315	collective bargaining unit containing a general municipal employee may agree in
316	316	writing to have the commission or any other appropriate agency serve as arbitrator
317	317	or may designate any other competent, impartial and disinterested person to so
318	318	serve.
319	319	SECTION 23. 111.70 (4) (cm) 5. of the statutes is created to read:
320	320	111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
321	321	other impasse resolution procedures provided in this paragraph, a municipal
322	322	employer and labor organization may, as a permissive subject of bargaining, agree
323	323	in writing to a dispute settlement procedure, including binding interest arbitration,
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350	350	SECTION 23 ASSEMBLY BILL 908
351	351	that is acceptable to the parties for resolving an impasse over terms of any collective
352	352	bargaining agreement under this subchapter. The parties shall file a copy of the
353	353	agreement with the commission. If the parties agree to any form of binding interest
354	354	arbitration, the arbitrator shall give weight to the factors enumerated under subds.
355	355	7. and 7g. for a collective bargaining unit consisting of municipal employees who are
356	356	not school district employees and under subd. 7r. for a collective bargaining unit
357	357	consisting of municipal employees.
358	358	SECTION 24. 111.70 (4) (cm) 6. of the statutes is created to read:
359	359	111.70 (4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
360	360	a dispute relating to any issue has not been settled after a reasonable period of
361	361	negotiation and after mediation by the commission under subd. 3. and other
362	362	settlement procedures, if any, established by the parties have been exhausted, and
363	363	the parties are deadlocked with respect to any dispute between them over wages,
364	364	hours, or conditions of employment to be included in a new collective bargaining
365	365	agreement, either party, or the parties jointly, may petition the commission, in
366	366	writing, to initiate compulsory, final, and binding arbitration, as provided in this
367	367	paragraph. At the time the petition is filed, the petitioning party shall submit in
368	368	writing to the other party and the commission its preliminary final offer containing
369	369	its latest proposals on all issues in dispute. Within 14 calendar days after the date
370	370	of that submission, the other party shall submit in writing its preliminary final offer
371	371	on all disputed issues to the petitioning party and the commission. If a petition is
372	372	filed jointly, both parties shall exchange their preliminary final offers in writing and
373	373	submit copies to the commission at the time the petition is filed.
374	374	am. Upon receipt of a petition to initiate arbitration, the commission shall
375	375	investigate, with or without a formal hearing, whether arbitration should be
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403	403	SECTION 24
404	404	ASSEMBLY BILL 908
405	405	commenced. If in determining whether an impasse exists the commission finds that
406	406	the procedures under this paragraph have not been complied with and that the
407	407	compliance would tend to result in a settlement, it may order compliance before
408	408	ordering arbitration. The validity of any arbitration award or collective bargaining
409	409	agreement is not affected by failure to comply with the procedures. Prior to the close
410	410	of the investigation, each party shall submit in writing to the commission its single
411	411	final offer containing its final proposals on all issues in dispute that are subject to
412	412	interest arbitration under this subdivision. If a party fails to submit a single final
413	413	offer, the commission shall close the investigation based on the last written position
414	414	of the party. Such final offers may include only mandatory subjects of bargaining,
415	415	except that a permissive subject of bargaining may be included by a party if the other
416	416	party does not object and shall then be treated as a mandatory subject. The parties
417	417	shall also submit to the commission a written stipulation with respect to all matters
418	418	that are agreed upon for inclusion in the new or amended collective bargaining
419	419	agreement. The commission, after receiving a report from its investigator and
420	420	determining that arbitration should be commenced, shall issue an order requiring
421	421	arbitration and immediately submit to the parties a list of 7 arbitrators. The parties
422	422	shall alternately strike names from the list until a single name is left, who shall be
423	423	appointed as arbitrator. The petitioning party shall notify the commission in writing
424	424	of the identity of the arbitrator selected. Upon receipt of the notice, the commission
425	425	shall formally appoint the arbitrator and submit to him or her the final offers of the
426	426	parties. The final offers are public documents and the commission shall make them
427	427	available. In lieu of a single arbitrator and upon request of both parties, the
428	428	commission shall appoint a tripartite arbitration panel consisting of one member
429	429	selected by each of the parties and a neutral person designated by the commission
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456	456	SECTION 24 ASSEMBLY BILL 908
457	457	who shall serve as a chairperson. An arbitration panel has the same powers and
458	458	duties as provided in this section for any other appointed arbitrator, and all
459	459	arbitration decisions by a panel shall be determined by majority vote. In place of
460	460	selection of the arbitrator by the parties and upon request of both parties, the
461	461	commission shall establish a procedure for randomly selecting names of arbitrators.
462	462	Under the procedure, the commission shall submit a list of 7 arbitrators to the
463	463	parties. Each party shall strike one name from the list. From the remaining 5
464	464	names, the commission shall randomly appoint an arbitrator. Unless both parties
465	465	to an arbitration proceeding otherwise agree in writing, every individual whose
466	466	name is submitted by the commission for appointment as an arbitrator must be a
467	467	resident of this state at the time of submission and every individual who is
468	468	designated as an arbitration panel chairperson must be a resident of this state at the
469	469	time of designation.
470	470	b. The arbitrator shall, within 10 days of his or her appointment, establish a
471	471	date and place for the arbitration hearing. Upon petition of at least 5 citizens of the
472	472	jurisdiction served by the municipal employer, filed within 10 days after the date on
473	473	which the arbitrator is appointed, the arbitrator shall hold a public hearing in the
474	474	jurisdiction to provide the opportunity to both parties to explain or present
475	475	supporting arguments for their positions and to members of the public to offer their
476	476	comments and suggestions. The final offers of the parties, as transmitted by the
477	477	commission to the arbitrator, are the basis for any continued negotiations between
478	478	the parties with respect to the issues in dispute. At any time prior to the arbitration
479	479	hearing, either party, with the consent of the other party, may modify its final offer
480	480	in writing.
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507	507	SECTION 24
508	508	ASSEMBLY BILL 908
509	509	c. Prior to the arbitration hearing, either party may, within a time limit
510	510	established by the arbitrator, withdraw its final offer and any mutually agreed upon
511	511	modifications and shall immediately provide written notice of any withdrawal to the
512	512	other party, the arbitrator, and the commission. If both parties withdraw their final
513	513	offers and mutually agreed upon modifications, the labor organization, after giving
514	514	10 days' written notice to the municipal employer and the commission, may strike.
515	515	Unless both parties withdraw their final offers and mutually agreed upon
516	516	modifications, the final offer of neither party is considered withdrawn and the
517	517	arbitrator shall proceed to resolve the dispute by final and binding arbitration as
518	518	provided in this paragraph.
519	519	d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
520	520	her own motion or at the request of either party, conduct a meeting open to the public
521	521	to provide to both parties the opportunity to explain or present supporting
522	522	arguments for their complete offer on all matters to be covered by the proposed
523	523	agreement. The arbitrator shall adopt without modification the final offer of one of
524	524	the parties on all disputed issues submitted under subd. 6. am., except those items
525	525	that the commission determines not to be mandatory subjects of bargaining and
526	526	those items that have not been treated as mandatory subjects by the parties, and
527	527	including any prior modifications of the offer mutually agreed upon by the parties
528	528	under subd. 6. b. The decision is final and binding on both parties and shall be
529	529	incorporated into a written collective bargaining agreement. The arbitrator shall
530	530	serve a copy of his or her decision on both parties and the commission.
531	531	e. Arbitration proceedings may not be interrupted or terminated by reason of
532	532	any prohibited practice complaint filed by either party at any time.
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556	556	24 - 12 -2023 - 2024 Legislature LRB-4276/1
557	557	MIM:wlj
558	558	SECTION 24 ASSEMBLY BILL 908
559	559	f. The parties shall equally divide the costs of arbitration. The arbitrator shall
560	560	submit a statement of his or her costs to both parties and to the commission.
561	561	g. If a question arises as to whether any proposal made in negotiations by either
562	562	party is a mandatory, permissive, or prohibited subject of bargaining, the
563	563	commission shall determine the issue under par. (b). If either party to the dispute
564	564	petitions the commission for a declaratory ruling under par. (b), the proceedings
565	565	under subd. 6. c. and d. may not occur until the commission renders a decision in the
566	566	matter and the decision is final. The arbitrator's award shall be made in accordance
567	567	with the commission's ruling, subject to automatic amendment by any subsequent
568	568	court reversal.
569	569	SECTION 25. 111.70 (4) (cm) 7. of the statutes is created to read:
570	570	111.70 (4) (cm) 7. `Factor given greatest weight.' In making any decision under
571	571	the arbitration procedures authorized by this paragraph, except for any decision
572	572	involving a collective bargaining unit consisting of school district employees, the
573	573	arbitrator or arbitration panel shall give the greatest weight to any state law or
574	574	directive lawfully issued by a state legislative or administrative officer, body, or
575	575	agency that limits expenditures that may be made or revenues that may be collected
576	576	by a municipal employer. The arbitrator or arbitration panel shall give an
577	577	accounting of the consideration of this factor in the decision.
578	578	SECTION 26. 111.70 (4) (cm) 7g. of the statutes is created to read:
579	579	111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under
580	580	the arbitration procedures authorized by this paragraph, except for any decision
581	581	involving a collective bargaining unit consisting of school district employees, the
582	582	arbitrator or arbitration panel shall give greater weight to economic conditions in the
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606	606	24 - 13 -2023 - 2024 Legislature
607	607	LRB-4276/1
608	608	MIM:wlj
609	609	SECTION 26
610	610	ASSEMBLY BILL 908
611	611	jurisdiction of the municipal employer than to any of the factors specified in subd.
612	612	7r.
613	613	SECTION 27. 111.70 (4) (cm) 7r. of the statutes is created to read:
614	614	111.70 (4) (cm) 7r. `Other factors considered.' In making any decision under the
615	615	arbitration procedures authorized by this paragraph, the arbitrator or arbitration
616	616	panel shall give weight to the following factors:
617	617	a. The lawful authority of the municipal employer.
618	618	b. Stipulations of the parties.
619	619	c. The interests and welfare of the public and the financial ability of the unit
620	620	of government to meet the costs of any proposed settlement.
621	621	d. Comparison of wages, hours, and conditions of employment of the municipal
622	622	employees involved in the arbitration proceedings with the wages, hours, and
623	623	conditions of employment of other employees performing similar services.
624	624	e. Comparison of the wages, hours, and conditions of employment of the
625	625	municipal employees involved in the arbitration proceedings with the wages, hours,
626	626	and conditions of employment of other employees generally in public employment in
627	627	the same community and in comparable communities.
628	628	f. Comparison of the wages, hours, and conditions of employment of the
629	629	municipal employees involved in the arbitration proceedings with the wages, hours,
630	630	and conditions of employment of other employees in private employment in the same
631	631	community and in comparable communities.
632	632	g. The average consumer prices for goods and services, commonly known as the
633	633	cost of living.
634	634	h. The overall compensation presently received by the municipal employees,
635	635	including direct wage compensation, vacation, holidays and excused time, insurance
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660	660	25 - 14 -2023 - 2024 Legislature LRB-4276/1
661	661	MIM:wlj
662	662	SECTION 27 ASSEMBLY BILL 908
663	663	and pensions, medical and hospitalization benefits, the continuity and stability of
664	664	employment, and all other benefits received.
665	665	i. Changes in any of the foregoing circumstances during the pendency of the
666	666	arbitration proceedings.
667	667	j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
668	668	taken into consideration in the determination of wages, hours, and conditions of
669	669	employment through voluntary collective bargaining, mediation, fact-finding,
670	670	arbitration, or otherwise between the parties, in the public service, or in private
671	671	employment.
672	672	SECTION 28. 111.70 (4) (cm) 8. of the statutes is created to read:
673	673	111.70 (4) (cm) 8. `Rule making.' The commission shall adopt rules for the
674	674	conduct of all arbitration proceedings under subd. 6., including rules for all of the
675	675	following:
676	676	a. The appointment of tripartite arbitration panels when requested by the
677	677	parties.
678	678	b. The expeditious rendering of arbitration decisions, such as waivers of briefs
679	679	and transcripts.
680	680	c. The removal of individuals who have repeatedly failed to issue timely
681	681	decisions from the commission's list of qualified arbitrators.
682	682	d. Proceedings for the enforcement of arbitration decisions.
683	683	SECTION 29. 111.70 (4) (cm) 8m. of the statutes is amended to read:
684	684	111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
685	685	the initial collective bargaining agreement between the parties and except as the
686	686	parties otherwise agree, every collective bargaining agreement covering general
687	687	municipal employees subject to this paragraph shall be for a term of one year and
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712	712	25 - 15 -2023 - 2024 Legislature
713	713	LRB-4276/1
714	714	MIM:wlj
715	715	SECTION 29
716	716	ASSEMBLY BILL 908
717	717	may not be extended 2 years, but in no case may a collective bargaining agreement
718	718	for any collective bargaining unit consisting of municipal employees subject to this
719	719	paragraph other than school district employees be for a term exceeding 3 years nor
720	720	may a collective bargaining agreement for any collective bargaining unit consisting
721	721	of school district employees subject to this paragraph be for a term exceeding 4 years.
722	722	No arbitration award may contain a provision for reopening of negotiations during
723	723	the term of a collective bargaining agreement covering general municipal employees
724	724	may be reopened for negotiations unless both parties agree to reopen the collective
725	725	bargaining agreement. The requirement for agreement by both parties does not
726	726	apply to a provision for reopening of negotiations with respect to any portion of an
727	727	agreement that is declared invalid by a court or administrative agency or rendered
728	728	invalid by the enactment of a law or promulgation of a federal regulation.
729	729	SECTION 30. 111.70 (4) (d) 1. of the statutes is amended to read:
730	730	111.70 (4) (d) 1. A representative chosen for the purposes of collective
731	731	bargaining by a majority of the public safety employees or transit municipal
732	732	employees voting in a collective bargaining unit shall be the exclusive representative
733	733	of all employees in the unit for the purpose of collective bargaining. A representative
734	734	chosen for the purposes of collective bargaining by at least 51 percent of the general
735	735	municipal employees in a collective bargaining unit shall be the exclusive
736	736	representative of all employees in the unit for the purpose of collective bargaining.
737	737	Any individual employee, or any minority group of employees in any collective
738	738	bargaining unit, shall have the right to present grievances to the municipal employer
739	739	in person or through representatives of their own choosing, and the municipal
740	740	employer shall confer with the employee in relation thereto, if the majority
741	741	representative has been afforded the opportunity to be present at the conferences.
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766	766	25 - 16 -2023 - 2024 Legislature LRB-4276/1
767	767	MIM:wlj
768	768	SECTION 30 ASSEMBLY BILL 908
769	769	Any adjustment resulting from these conferences may not be inconsistent with the
770	770	conditions of employment established by the majority representative and the
771	771	municipal employer.
772	772	SECTION 31. 111.70 (4) (d) 2. a. of the statutes is amended to read:
773	773	111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
774	774	bargaining unit for the purpose of collective bargaining and shall whenever possible
775	775	avoid fragmentation by maintaining as few collective bargaining units as practicable
776	776	in keeping with the size of the total municipal workforce. The commission may
777	777	decide whether, in a particular case, the municipal employees in the same or several
778	778	departments, divisions, institutions, crafts, professions, or other occupational
779	779	groupings constitute a collective bargaining unit. Before making its determination,
780	780	the commission may provide an opportunity for the municipal employees concerned
781	781	to determine, by secret ballot, whether they desire to be established as a separate
782	782	collective bargaining unit. The commission may not decide, however, that any group
783	783	of municipal employees constitutes an appropriate collective bargaining unit if the
784	784	group includes both professional employees and nonprofessional employees, unless
785	785	a majority of the professional employees vote for inclusion in the unit. The
786	786	commission may not decide that any group of municipal employees constitutes an
787	787	appropriate collective bargaining unit if the group includes both school district
788	788	employees and general municipal employees who are not school district employees.
789	789	The commission may not decide that any group of municipal employees constitutes
790	790	an appropriate collective bargaining unit if the group includes both public safety
791	791	employees and general municipal employees, if the group includes both transit
792	792	employees and general municipal employees, or if the group includes both transit
793	793	employees and public safety employees. The commission may not decide that any
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818	818	25 - 17 -2023 - 2024 Legislature
819	819	LRB-4276/1
820	820	MIM:wlj
821	821	SECTION 31
822	822	ASSEMBLY BILL 908
823	823	group of municipal employees constitutes an appropriate collective bargaining unit
824	824	if the group includes both craft employees and noncraft employees unless a majority
825	825	of the craft employees vote for inclusion in the unit. The commission shall place the
826	826	professional employees who are assigned to perform any services at a charter school,
827	827	as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
828	828	includes any other professional employees whenever at least 30 percent of those
829	829	professional employees request an election to be held to determine that issue and a
830	830	majority of the professional employees at the charter school who cast votes in the
831	831	election decide to be represented in a separate collective bargaining unit.
832	832	SECTION 32. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
833	833	renumbered 111.70 (4) (d) 3.
834	834	SECTION 33. 111.70 (4) (d) 3. b. of the statutes is repealed.
835	835	SECTION 34. 111.70 (4) (mb) of the statutes is repealed.
836	836	SECTION 35. 111.70 (4) (mbb) of the statutes is repealed.
837	837	SECTION 36. 111.70 (4) (n) of the statutes is created to read:
838	838	111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition
839	839	to any subject of bargaining on which the municipal employer is required to bargain
840	840	under sub. (1) (a), the municipal employer is required to bargain collectively with
841	841	respect to all of the following:
842	842	1. Time spent during the school day, separate from pupil contact time, to
843	843	prepare lessons, labs, or educational materials, to confer or collaborate with other
844	844	staff, or to complete administrative duties.
845	845	2. The development of or any changes to a teacher evaluation plan under s.
846	846	118.225.
847	847	SECTION 37. 111.70 (4) (p) of the statutes is amended to read:
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872	872	25 - 18 -2023 - 2024 Legislature LRB-4276/1
873	873	MIM:wlj
874	874	SECTION 37 ASSEMBLY BILL 908
875	875	111.70 (4) (p) Permissive subjects of collective bargaining; public safety and
876	876	transit employees. A municipal employer is not required to bargain with public safety
877	877	employees or transit employees on subjects reserved to management and direction
878	878	of the governmental unit except insofar as the manner of exercise of such functions
879	879	affects the wages, hours, and conditions of employment of the public safety
880	880	employees or of the transit municipal employees in a collective bargaining unit.
881	881	SECTION 38. 111.70 (7m) (c) 3. of the statutes is created to read:
882	882	111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
883	883	participates in a strike after a final and binding arbitration award or decision under
884	884	sub. (4) (cm) is issued and before the end of the term of the agreement which the
885	885	award or decision amends or creates shall forfeit $15 per offense. Each day of
886	886	continued violation constitutes a separate offense.
887	887	SECTION 39. 111.70 (7m) (e) of the statutes is created to read:
888	888	111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration
889	889	award or decision under sub. (4) (cm) in a written collective bargaining agreement
890	890	or failing to implement the award or decision, unless good cause is shown, is liable
891	891	for attorney fees, interest on delayed monetary benefits, and other costs incurred in
892	892	any action by the nonoffending party to enforce the award or decision.
893	893	SECTION 40. 111.70 (8) (a) of the statutes is amended to read:
894	894	111.70 (8) (a) This section, except sub. subs. (1) (nm), (4) (cg) and (cm), and (7m),
895	895	applies to law enforcement supervisors employed by a 1st class city. This section,
896	896	except sub. subs. (1) (nm), (4) (cm) and (jm), and (7m) applies to law enforcement
897	897	supervisors employed by a county having a population of 750,000 or more. For
898	898	purposes of such application, the terms term “municipal employee" and “public
899	899	safety employee" include includes such a supervisor.
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924	924	25 - 19 -2023 - 2024 Legislature
925	925	LRB-4276/1
926	926	MIM:wlj
927	927	SECTION 41
928	928	ASSEMBLY BILL 908
929	929	SECTION 41. 111.71 (2) of the statutes is amended to read:
930	930	111.71 (2) The commission shall assess and collect a filing fee for filing a
931	931	complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
932	932	The commission shall assess and collect a filing fee for filing a request that the
933	933	commission act as an arbitrator to resolve a dispute involving the interpretation or
934	934	application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or
935	935	(cm) 4. The commission shall assess and collect a filing fee for filing a request that
936	936	the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
937	937	assess and collect a filing fee for filing a request that the commission act as a
938	938	mediator under s. 111.70 (4) (c) 1., (cg) 3., 1m. or (cm) 3. The commission shall assess
939	939	and collect a filing fee for filing a request that the commission initiate compulsory,
940	940	final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3). For
941	941	the performance of commission actions under ss. 111.70 (4) (c) 1., 1m., 2., and 3., (cg)
942	942	3., 4., and 6., (cm) 3. and, 4., and 6., and (jm) and 111.77 (3), the commission shall
943	943	require that the parties to the dispute equally share in the payment of the fee and,
944	944	for the performance of commission actions involving a complaint alleging that a
945	945	prohibited practice has been committed under s. 111.70 (3), the commission shall
946	946	require that the party filing the complaint pay the entire fee. If any party has paid
947	947	a filing fee requesting the commission to act as a mediator for a labor dispute and the
948	948	parties do not enter into a voluntary settlement of the dispute, the commission may
949	949	not subsequently assess or collect a filing fee to initiate fact-finding or arbitration
950	950	to resolve the same labor dispute. If any request for the performance of commission
951	951	actions concerns issues arising as a result of more than one unrelated event or
952	952	occurrence, each such separate event or occurrence shall be treated as is a separate
953	953	request. The commission shall promulgate rules establishing a schedule of filing fees
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978	978	25 - 20 -2023 - 2024 Legislature LRB-4276/1
979	979	MIM:wlj
980	980	SECTION 41 ASSEMBLY BILL 908
981	981	to be paid under this subsection. Fees required to be paid under this subsection shall
982	982	be paid at the time of filing the complaint or the request for fact-finding, mediation
983	983	or arbitration. A complaint or request for fact-finding, mediation or arbitration is
984	984	not filed until the date such the fee or fees are paid, except that the failure of the
985	985	respondent party to pay the filing fee for having the commission initiate compulsory,
986	986	final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3) may
987	987	not prohibit the commission from initiating such the arbitration. The commission
988	988	may initiate collection proceedings against the respondent party for the payment of
989	989	the filing fee. Fees collected under this subsection shall be credited to the
990	990	appropriation account under s. 20.425 (1) (i).
991	991	SECTION 42. 111.71 (4) of the statutes is created to read:
992	992	111.71 (4) The commission shall collect on a systematic basis information on
993	993	the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually
994	994	submit a report on the opinion to the chief clerk of each house of the legislature for
995	995	distribution to the legislature under s. 13.172 (2).
996	996	SECTION 43. 111.71 (4m) of the statutes is repealed.
997	997	SECTION 44. 111.71 (5) of the statutes is created to read:
998	998	111.71 (5) The commission shall, on a regular basis, provide training programs
999	999	to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall
1000	1000	promote the programs to and recruit participation throughout the state, including
1001	1001	at least 10 residents of each congressional district. The commission may also provide
1002	1002	training programs to individuals and organizations on other aspects of collective
1003	1003	bargaining, including on areas of management and labor cooperation directly or
1004	1004	indirectly affecting collective bargaining. The commission may charge a reasonable
1005	1005	fee to participate in the programs.
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1030	1030	25 - 21 -2023 - 2024 Legislature
1031	1031	LRB-4276/1
1032	1032	MIM:wlj
1033	1033	SECTION 45
1034	1034	ASSEMBLY BILL 908
1035	1035	SECTION 45. 111.71 (5m) of the statutes is repealed.
1036	1036	SECTION 46. 111.77 (9) of the statutes is amended to read:
1037	1037	111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) does not apply to employments
1038	1038	covered by this section.
1039	1039	SECTION 47. 111.81 (3n) of the statutes is repealed.
1040	1040	SECTION 48. 111.825 (5) of the statutes is amended to read:
1041	1041	111.825 (5) Although supervisors are not considered employees for purposes
1042	1042	of this subchapter, the commission may consider a petition for a statewide collective
1043	1043	bargaining unit of professional supervisors or a statewide unit of nonprofessional
1044	1044	supervisors in the classified service, but the representative of supervisors may not
1045	1045	be affiliated with any labor organization representing employees. For purposes of
1046	1046	this subsection, affiliation does not include membership in a national, state, county
1047	1047	or municipal federation of national or international labor organizations. The
1048	1048	certified representative of supervisors who are not public safety employees may not
1049	1049	bargain collectively with respect to any matter other than wages and conditions of
1050	1050	employment as provided in s. 111.91 (3), and the certified representative of
1051	1051	supervisors who are public safety employees may not bargain collectively with
1052	1052	respect to any matter other than wages and fringe benefits as provided in s. 111.91
1053	1053	(1).
1054	1054	SECTION 49. 111.83 (1) of the statutes is amended to read:
1055	1055	111.83 (1) Except as provided in sub. (5), a representative chosen for the
1056	1056	purposes of collective bargaining by at least 51 percent a majority of the general
1057	1057	employees voting in a collective bargaining unit shall be the exclusive representative
1058	1058	of all of the employees in such unit for the purposes of collective bargaining. A
1059	1059	representative chosen for the purposes of collective bargaining by a majority of the
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1086	1086	SECTION 49 ASSEMBLY BILL 908
1087	1087	public safety employees voting in a collective bargaining unit shall be the exclusive
1088	1088	representative of all of the employees in such unit for the purposes of collective
1089	1089	bargaining. Any individual employee, or any minority group of employees in any
1090	1090	collective bargaining unit, may present grievances to the employer in person, or
1091	1091	through representatives of their own choosing, and the employer shall confer with
1092	1092	the employee or group of employees in relation thereto if the majority representative
1093	1093	has been afforded the opportunity to be present at the conference. Any adjustment
1094	1094	resulting from such a conference may not be inconsistent with the conditions of
1095	1095	employment established by the majority representative and the employer.
1096	1096	SECTION 50. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
1097	1097	SECTION 51. 111.83 (3) (b) of the statutes is repealed.
1098	1098	SECTION 52. 111.83 (4) of the statutes is amended to read:
1099	1099	111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which
1100	1100	the name of more than one proposed representative appears on the ballot and results
1101	1101	in no conclusion, the commission may, if requested by any party to the proceeding
1102	1102	within 30 days from the date of the certification of the results of the election, conduct
1103	1103	a runoff election. In that runoff election, the commission shall drop from the ballot
1104	1104	the name of the representative who received the least number of votes at the original
1105	1105	election. The commission shall drop from the ballot the privilege of voting against
1106	1106	any representative if the least number of votes cast at the first election was against
1107	1107	representation by any named representative.
1108	1108	SECTION 53. 111.91 (3) (intro.) and (a) of the statutes are consolidated,
1109	1109	renumbered 111.91 (3) and amended to read:
1110	1110	111.91 (3) The employer is prohibited from bargaining with a collective
1111	1111	bargaining unit containing a general employee with respect to any of the following:
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1139	1139	SECTION 53
1140	1140	ASSEMBLY BILL 908
1141	1141	(a) Any factor or condition hours of employment except wages, which includes only
1142	1142	total base wages and excludes any other compensation, which includes, but is not
1143	1143	limited to, overtime, premium pay, merit pay, performance pay, supplemental
1144	1144	compensation, pay schedules, and automatic pay progressions.
1145	1145	SECTION 54. 111.91 (3) (b) of the statutes is repealed.
1146	1146	SECTION 55. 111.91 (3q) of the statutes is repealed.
1147	1147	SECTION 56. 118.245 of the statutes is repealed.
1148	1148	SECTION 57. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12,
1149	1149	is amended to read:
1150	1150	119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1151	1151	66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
1152	1152	115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
1153	1153	118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124,
1154	1154	118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
1155	1155	118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
1156	1156	(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
1157	1157	to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m),
1158	1158	(5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
1159	1159	(35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
1160	1160	applicable to a 1st class city school district and board but not, unless explicitly
1161	1161	provided in this chapter or in the terms of a contract, to the commissioner or to any
1162	1162	school transferred to an opportunity schools and partnership program.
1163	1163	SECTION 58. 120.12 (4m) of the statutes is repealed.
1164	1164	SECTION 59. 120.18 (1) (gm) of the statutes is amended to read:
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1190	1190	SECTION 59 ASSEMBLY BILL 908
1191	1191	120.18 (1) (gm) Payroll and related benefit costs for all school district
1192	1192	employees in the previous school year. Payroll costs Costs for represented employees
1193	1193	shall be based upon the costs of wages of any collective bargaining agreements
1194	1194	covering such employees for the previous school year. If, as of the time specified by
1195	1195	the department for filing the report, the school district has not entered into a
1196	1196	collective bargaining agreement for any portion of the previous school year with the
1197	1197	recognized or certified representative of any of its employees and the school district
1198	1198	and the representative have not submitted final offers, increased costs of wages,
1199	1199	limited to the lower of the school district's offer and the representative's offer, shall
1200	1200	be reflected in the report shall be equal to the maximum wage expenditure that is
1201	1201	subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The
1202	1202	school district shall amend the annual report to reflect any change in such costs as
1203	1203	a result of any collective bargaining agreement entered into between the date of
1204	1204	filing the report and October 1. Any such amendment shall be concurred in by the
1205	1205	certified public accountant licensed or certified under ch. 442 certifying the school
1206	1206	district audit.
1207	1207	SECTION 60. 851.71 (4) of the statutes is amended to read:
1208	1208	851.71 (4) In counties having a population of 750,000 or more, the appointment
1209	1209	under subs. (1) and (2) shall be made as provided in those subsections but the judges
1210	1210	shall not remove the register in probate and deputy registers, except through charges
1211	1211	for dismissal made and sustained under s. 63.10 or an applicable collective
1212	1212	bargaining agreement.
1213	1213	SECTION 61. 904.085 (2) (a) of the statutes is amended to read:
1214	1214	904.085 (2) (a) “Mediation" means mediation under s. 93.50 (3), conciliation
1215	1215	under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87,
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1243	1243	SECTION 61
1244	1244	ASSEMBLY BILL 908
1245	1245	mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
1246	1246	or s. 767.405, or any similar statutory, contractual or court-referred process
1247	1247	facilitating the voluntary resolution of disputes. “Mediation" does not include
1248	1248	binding arbitration or appraisal.
1249	1249	SECTION 62.0Initial applicability.
1250	1250	(1) This act first applies to an employee who is covered by a collective
1251	1251	bargaining agreement under subch. IV or V of ch. 111 that contains provisions
1252	1252	inconsistent with this act on the day on which the agreement expires or is
1253	1253	terminated, extended, modified, or renewed, whichever occurs first.
1254	1254	(END)
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