Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB564 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 SENATE BILL 564
5	5	October 23, 2023 - Introduced by Senators LARSON, AGARD, CARPENTER, HESSELBEIN,
6	6	ROYS, SPREITZER and WIRCH, cosponsored by Representatives CABRERA,
7	7	SINICKI, C. ANDERSON, J. ANDERSON, BARE, CONSIDINE, DOYLE, EMERSON,
8	8	HAYWOOD, HONG, JOERS, NEUBAUER, OHNSTAD, PALMERI, RATCLIFF, SHANKLAND,
9	9	SHELTON, SNODGRASS, STUBBS and SUBECK. Referred to Committee on Labor,
10	10	Regulatory Reform, Veterans and Military Affairs.
11	11	AN ACT to repeal 66.0506, 66.0508, 66.0509 (1m), 73.03 (68), 111.70 (1) (cm),
12	12	111.70 (3) (a) 7m., 111.70 (3) (b) 6m., 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70
13	13	(4) (mb), 111.70 (4) (mbb), 111.71 (4m), 111.71 (5m), 111.81 (3n), 111.83 (3) (b),
14	14	111.91 (3) (b), 111.91 (3q), 118.245 and 120.12 (4m); to renumber 111.83 (3) (a);
15	15	to renumber and amend 111.70 (4) (c) 1. and 111.70 (4) (cm) 1.; to
16	16	consolidate and renumber 111.70 (4) (d) 3. a. and c.; to consolidate,
17	17	renumber and amend 111.91 (3) (intro.) and (a); to amend 20.425 (1) (i),
18	18	111.70 (1) (a), 111.70 (3) (a) 5., 111.70 (4) (c) (title), 111.70 (4) (c) 2., 111.70 (4) (c)
19	19	3. (intro.), 111.70 (4) (cm) (title), 111.70 (4) (cm) 2., 3. and 4., 111.70 (4) (cm) 8m.,
20	20	111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (p), 111.70 (8) (a), 111.71 (2), 111.77
21	21	(9), 111.825 (5), 111.83 (1), 111.83 (4), 119.04 (1), 120.18 (1) (gm), 851.71 (4) and
22	22	904.085 (2) (a); and to create 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (4) (c) 1g.,
23	23	111.70 (4) (cm) 1g., 111.70 (4) (cm) 5., 111.70 (4) (cm) 6., 111.70 (4) (cm) 7., 111.70
24	24	(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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40	40	SENATE BILL 564
41	41	3., 111.70 (7m) (e), 111.71 (4) and 111.71 (5) of the statutes; relating to:
42	42	bargaining over wages, hours, and conditions of employment for public
43	43	employees.
44	44	Analysis by the Legislative Reference Bureau
45	45	Under current law, the only subject that most state and municipal employees
46	46	may collectively bargain over is a percentage increase in base wages that does not
47	47	exceed the percentage increase in the consumer price index. This bill removes that
48	48	limitation so that state and municipal employees may bargain over any increase in
49	49	wages.
50	50	Also, under current law, certain protective occupation participants under the
51	51	Wisconsin Retirement System, known as public safety employees, and certain
52	52	municipal transit employees may collectively bargain wages, hours, and conditions
53	53	of employment. Under the bill, most state and general municipal employees may
54	54	collectively bargain hours and conditions of employment.
55	55	The bill also allows all municipal employers and labor organizations to agree
56	56	to a dispute settlement procedure, including binding interest arbitration, to resolve
57	57	an impasse over the terms of a collective bargaining agreement under the Municipal
58	58	Employment Relations Act.
59	59	Under current law, representatives for most municipal and state employee
60	60	bargaining units must be selected by at least 51 percent of the employees in the
61	61	bargaining unit. The bill changes that requirement to a simple majority of the
62	62	employees voting in the collective bargaining unit.
63	63	Finally, under current law, representatives for most municipal and state
64	64	employee bargaining units must be certified annually by receiving at least 51 percent
65	65	of the vote of the employees in the bargaining unit. The bill repeals this certification
66	66	requirement.
67	67	For further information see the state and local fiscal estimate, which will be
68	68	printed as an appendix to this bill.
69	69	The people of the state of Wisconsin, represented in senate and assembly, do
70	70	enact as follows:
71	71	SECTION 1. 20.425 (1) (i) of the statutes is amended to read:
72	72	20.425 (1) (i) Fees, collective bargaining training, publications, and appeals.
73	73	The amounts in the schedule for the performance of fact-finding, mediation,
74	74	certification, and arbitration functions, for the provision of copies of transcripts, for
75	75	the cost of operating training programs under ss. 111.09 (3), 111.71 (5m) (5), and
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86	86	SECTION 1
87	87	SENATE BILL 564
88	88	111.94 (3), for the preparation of publications, transcripts, reports, and other copied
89	89	material, and for costs related to conducting appeals under s. 230.45. All moneys
90	90	received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3)
91	91	(b), 111.94 (1) and (2), and 230.45 (3), all moneys received from arbitrators and
92	92	arbitration panel members, and individuals who are interested in serving in such
93	93	positions, and from individuals and organizations who participate in other collective
94	94	bargaining training programs conducted by the commission, and all moneys received
95	95	from the sale of publications, transcripts, reports, and other copied material shall be
96	96	credited to this appropriation account.
97	97	SECTION 2. 66.0506 of the statutes is repealed.
98	98	SECTION 3. 66.0508 of the statutes is repealed.
99	99	SECTION 4. 66.0509 (1m) of the statutes is repealed.
100	100	SECTION 5. 73.03 (68) of the statutes is repealed.
101	101	SECTION 6. 111.70 (1) (a) of the statutes is amended to read:
102	102	111.70 (1) (a) “Collective bargaining" means the performance of the mutual
103	103	obligation of a municipal employer, through its officers and agents, and the
104	104	representative of its municipal employees in a collective bargaining unit, to meet and
105	105	confer at reasonable times, in good faith, with the intention of reaching an
106	106	agreement, or to resolve questions arising under such an agreement, with respect to
107	107	wages, hours, and conditions of employment for public safety employees or transit
108	108	employees and with respect to wages for general municipal employees, and with
109	109	respect to a requirement of the municipal employer for a municipal employee to
110	110	perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
111	111	(2e) and for a school district with respect to any matter under sub. (4) (n), except as
112	112	provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal
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139	139	SECTION 6 SENATE BILL 564
140	140	employer shall not meet and confer with respect to any proposal to diminish or
141	141	abridge the rights guaranteed to any public safety employees under ch. 164.
142	142	Collective bargaining includes the reduction of any agreement reached to a written
143	143	and signed document.
144	144	SECTION 7. 111.70 (1) (cm) of the statutes is repealed.
145	145	SECTION 8. 111.70 (3) (a) 5. of the statutes is amended to read:
146	146	111.70 (3) (a) 5. To violate any collective bargaining agreement previously
147	147	agreed upon by the parties with respect to wages, hours, and conditions of
148	148	employment affecting public safety employees or transit municipal employees,
149	149	including an agreement to arbitrate questions arising as to the meaning or
150	150	application of the terms of a collective bargaining agreement or to accept the terms
151	151	of such arbitration award, where previously the parties have agreed to accept such
152	152	award as final and binding upon them or to violate any collective bargaining
153	153	agreement affecting general municipal employees, that was previously agreed upon
154	154	by the parties with respect to wages.
155	155	SECTION 9. 111.70 (3) (a) 7. of the statutes is created to read:
156	156	111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
157	157	lawfully made under sub. (4) (cm).
158	158	SECTION 10. 111.70 (3) (a) 7m. of the statutes is repealed.
159	159	SECTION 11. 111.70 (3) (b) 6. of the statutes is created to read:
160	160	111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
161	161	lawfully made under sub. (4) (cm).
162	162	SECTION 12. 111.70 (3) (b) 6m. of the statutes is repealed.
163	163	SECTION 13. 111.70 (4) (c) (title) of the statutes is amended to read:
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190	190	SECTION 13
191	191	SENATE BILL 564
192	192	111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety
193	193	employees law enforcement and fire fighting personnel.
194	194	SECTION 14. 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m. and
195	195	amended to read:
196	196	111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in
197	197	labor disputes involving a collective bargaining unit containing a public safety
198	198	employee. Such mediation may be carried on by a person designated to act by the
199	199	commission upon request of one or both of the parties or upon initiation of the
200	200	commission. The function of the mediator is to encourage voluntary settlement by
201	201	the parties but no mediator has the power of compulsion.
202	202	SECTION 15. 111.70 (4) (c) 1g. of the statutes is created to read:
203	203	111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal
204	204	employees who are engaged in law enforcement or fire fighting functions.
205	205	SECTION 16. 111.70 (4) (c) 2. of the statutes is amended to read:
206	206	111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
207	207	or application of the terms of a written collective bargaining agreement involving a
208	208	collective bargaining unit containing a public safety employee may agree in writing
209	209	to have the commission or any other appropriate agency serve as arbitrator or may
210	210	designate any other competent, impartial and disinterested person to so serve.
211	211	SECTION 17. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
212	212	111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
213	213	involving a collective bargaining unit containing a public safety employee has not
214	214	been settled after a reasonable period of negotiation and after the settlement
215	215	procedures, if any, established by the parties have been exhausted, and the parties
216	216	are deadlocked with respect to any dispute between them arising in the collective
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243	243	SECTION 17 SENATE BILL 564
244	244	bargaining process, either party, or the parties jointly, may petition the commission,
245	245	in writing, to initiate fact-finding, and to make recommendations to resolve the
246	246	deadlock, as follows:
247	247	SECTION 18. 111.70 (4) (cg) of the statutes is repealed.
248	248	SECTION 19. 111.70 (4) (cm) (title) of the statutes is amended to read:
249	249	111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general
250	250	municipal employees other personnel.
251	251	SECTION 20. 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm) 1m.
252	252	and amended to read:
253	253	111.70 (4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
254	254	purpose of advising the commission of the commencement of contract negotiations
255	255	involving a collective bargaining unit containing general municipal employees,
256	256	whenever either party requests the other to reopen negotiations under a binding
257	257	collective bargaining agreement, or the parties otherwise commence negotiations if
258	258	no such agreement exists, the party requesting negotiations shall immediately notify
259	259	the commission in writing. Upon failure of the requesting party to provide such
260	260	notice, the other party may so notify the commission. The notice shall specify the
261	261	expiration date of the existing collective bargaining agreement, if any, and shall set
262	262	forth any additional information the commission may require on a form provided by
263	263	the commission.
264	264	SECTION 21. 111.70 (4) (cm) 1g. of the statutes is created to read:
265	265	111.70 (4) (cm) 1g. `Application.' a. Chapter 788 does not apply to arbitration
266	266	proceedings under this paragraph.
267	267	b. This paragraph does not apply to labor disputes involving municipal
268	268	employees who are engaged in law enforcement or fire fighting functions.
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296	296	SECTION 22
297	297	SENATE BILL 564
298	298	SECTION 22. 111.70 (4) (cm) 2., 3. and 4. of the statutes are amended to read:
299	299	111.70 (4) (cm) 2. `Presentation of initial proposals; open meetings.' The
300	300	meetings between parties to a collective bargaining agreement or proposed collective
301	301	bargaining agreement under this subchapter that involve a collective bargaining
302	302	unit containing a general municipal employee and that are held for the purpose of
303	303	presenting initial bargaining proposals, along with supporting rationale, shall be are
304	304	open to the public. Each party shall submit its initial bargaining proposals to the
305	305	other party in writing. Failure to comply with this subdivision is not cause to
306	306	invalidate a collective bargaining agreement under this subchapter.
307	307	3. `Mediation.' The commission or its designee shall function as mediator in
308	308	labor disputes involving general municipal employees upon request of one or both of
309	309	the parties, or upon initiation of the commission. The function of the mediator shall
310	310	be to encourage voluntary settlement by the parties. No mediator has the power of
311	311	compulsion.
312	312	4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
313	313	application of the terms of a written collective bargaining agreement involving a
314	314	collective bargaining unit containing a general municipal employee may agree in
315	315	writing to have the commission or any other appropriate agency serve as arbitrator
316	316	or may designate any other competent, impartial and disinterested person to so
317	317	serve.
318	318	SECTION 23. 111.70 (4) (cm) 5. of the statutes is created to read:
319	319	111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
320	320	other impasse resolution procedures provided in this paragraph, a municipal
321	321	employer and labor organization may, as a permissive subject of bargaining, agree
322	322	in writing to a dispute settlement procedure, including binding interest arbitration,
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349	349	SECTION 23 SENATE BILL 564
350	350	that is acceptable to the parties for resolving an impasse over terms of any collective
351	351	bargaining agreement under this subchapter. The parties shall file a copy of the
352	352	agreement with the commission. If the parties agree to any form of binding interest
353	353	arbitration, the arbitrator shall give weight to the factors enumerated under subds.
354	354	7. and 7g. for a collective bargaining unit consisting of municipal employees who are
355	355	not school district employees and under subd. 7r. for a collective bargaining unit
356	356	consisting of municipal employees.
357	357	SECTION 24. 111.70 (4) (cm) 6. of the statutes is created to read:
358	358	111.70 (4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
359	359	a dispute relating to any issue has not been settled after a reasonable period of
360	360	negotiation and after mediation by the commission under subd. 3. and other
361	361	settlement procedures, if any, established by the parties have been exhausted, and
362	362	the parties are deadlocked with respect to any dispute between them over wages,
363	363	hours, or conditions of employment to be included in a new collective bargaining
364	364	agreement, either party, or the parties jointly, may petition the commission, in
365	365	writing, to initiate compulsory, final, and binding arbitration, as provided in this
366	366	paragraph. At the time the petition is filed, the petitioning party shall submit in
367	367	writing to the other party and the commission its preliminary final offer containing
368	368	its latest proposals on all issues in dispute. Within 14 calendar days after the date
369	369	of that submission, the other party shall submit in writing its preliminary final offer
370	370	on all disputed issues to the petitioning party and the commission. If a petition is
371	371	filed jointly, both parties shall exchange their preliminary final offers in writing and
372	372	submit copies to the commission at the time the petition is filed.
373	373	am. Upon receipt of a petition to initiate arbitration, the commission shall
374	374	investigate, with or without a formal hearing, whether arbitration should be
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402	402	SECTION 24
403	403	SENATE BILL 564
404	404	commenced. If in determining whether an impasse exists the commission finds that
405	405	the procedures under this paragraph have not been complied with and that the
406	406	compliance would tend to result in a settlement, it may order compliance before
407	407	ordering arbitration. The validity of any arbitration award or collective bargaining
408	408	agreement is not affected by failure to comply with the procedures. Prior to the close
409	409	of the investigation, each party shall submit in writing to the commission its single
410	410	final offer containing its final proposals on all issues in dispute that are subject to
411	411	interest arbitration under this subdivision. If a party fails to submit a single final
412	412	offer, the commission shall close the investigation based on the last written position
413	413	of the party. Such final offers may include only mandatory subjects of bargaining,
414	414	except that a permissive subject of bargaining may be included by a party if the other
415	415	party does not object and shall then be treated as a mandatory subject. The parties
416	416	shall also submit to the commission a written stipulation with respect to all matters
417	417	that are agreed upon for inclusion in the new or amended collective bargaining
418	418	agreement. The commission, after receiving a report from its investigator and
419	419	determining that arbitration should be commenced, shall issue an order requiring
420	420	arbitration and immediately submit to the parties a list of 7 arbitrators. The parties
421	421	shall alternately strike names from the list until a single name is left, who shall be
422	422	appointed as arbitrator. The petitioning party shall notify the commission in writing
423	423	of the identity of the arbitrator selected. Upon receipt of the notice, the commission
424	424	shall formally appoint the arbitrator and submit to him or her the final offers of the
425	425	parties. The final offers are public documents and the commission shall make them
426	426	available. In lieu of a single arbitrator and upon request of both parties, the
427	427	commission shall appoint a tripartite arbitration panel consisting of one member
428	428	selected by each of the parties and a neutral person designated by the commission
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455	455	SECTION 24 SENATE BILL 564
456	456	who shall serve as a chairperson. An arbitration panel has the same powers and
457	457	duties as provided in this section for any other appointed arbitrator, and all
458	458	arbitration decisions by a panel shall be determined by majority vote. In place of
459	459	selection of the arbitrator by the parties and upon request of both parties, the
460	460	commission shall establish a procedure for randomly selecting names of arbitrators.
461	461	Under the procedure, the commission shall submit a list of 7 arbitrators to the
462	462	parties. Each party shall strike one name from the list. From the remaining 5
463	463	names, the commission shall randomly appoint an arbitrator. Unless both parties
464	464	to an arbitration proceeding otherwise agree in writing, every individual whose
465	465	name is submitted by the commission for appointment as an arbitrator must be a
466	466	resident of this state at the time of submission and every individual who is
467	467	designated as an arbitration panel chairperson must be a resident of this state at the
468	468	time of designation.
469	469	b. The arbitrator shall, within 10 days of his or her appointment, establish a
470	470	date and place for the arbitration hearing. Upon petition of at least 5 citizens of the
471	471	jurisdiction served by the municipal employer, filed within 10 days after the date on
472	472	which the arbitrator is appointed, the arbitrator shall hold a public hearing in the
473	473	jurisdiction to provide the opportunity to both parties to explain or present
474	474	supporting arguments for their positions and to members of the public to offer their
475	475	comments and suggestions. The final offers of the parties, as transmitted by the
476	476	commission to the arbitrator, are the basis for any continued negotiations between
477	477	the parties with respect to the issues in dispute. At any time prior to the arbitration
478	478	hearing, either party, with the consent of the other party, may modify its final offer
479	479	in writing.
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506	506	SECTION 24
507	507	SENATE BILL 564
508	508	c. Prior to the arbitration hearing, either party may, within a time limit
509	509	established by the arbitrator, withdraw its final offer and any mutually agreed upon
510	510	modifications and shall immediately provide written notice of any withdrawal to the
511	511	other party, the arbitrator, and the commission. If both parties withdraw their final
512	512	offers and mutually agreed upon modifications, the labor organization, after giving
513	513	10 days' written notice to the municipal employer and the commission, may strike.
514	514	Unless both parties withdraw their final offers and mutually agreed upon
515	515	modifications, the final offer of neither party is considered withdrawn and the
516	516	arbitrator shall proceed to resolve the dispute by final and binding arbitration as
517	517	provided in this paragraph.
518	518	d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
519	519	her own motion or at the request of either party, conduct a meeting open to the public
520	520	to provide to both parties the opportunity to explain or present supporting
521	521	arguments for their complete offer on all matters to be covered by the proposed
522	522	agreement. The arbitrator shall adopt without modification the final offer of one of
523	523	the parties on all disputed issues submitted under subd. 6. am., except those items
524	524	that the commission determines not to be mandatory subjects of bargaining and
525	525	those items that have not been treated as mandatory subjects by the parties, and
526	526	including any prior modifications of the offer mutually agreed upon by the parties
527	527	under subd. 6. b. The decision is final and binding on both parties and shall be
528	528	incorporated into a written collective bargaining agreement. The arbitrator shall
529	529	serve a copy of his or her decision on both parties and the commission.
530	530	e. Arbitration proceedings may not be interrupted or terminated by reason of
531	531	any prohibited practice complaint filed by either party at any time.
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555	555	24 - 12 -2023 - 2024 Legislature LRB-4267/1
556	556	MIM:wlj
557	557	SECTION 24 SENATE BILL 564
558	558	f. The parties shall equally divide the costs of arbitration. The arbitrator shall
559	559	submit a statement of his or her costs to both parties and to the commission.
560	560	g. If a question arises as to whether any proposal made in negotiations by either
561	561	party is a mandatory, permissive, or prohibited subject of bargaining, the
562	562	commission shall determine the issue under par. (b). If either party to the dispute
563	563	petitions the commission for a declaratory ruling under par. (b), the proceedings
564	564	under subd. 6. c. and d. may not occur until the commission renders a decision in the
565	565	matter and the decision is final. The arbitrator's award shall be made in accordance
566	566	with the commission's ruling, subject to automatic amendment by any subsequent
567	567	court reversal.
568	568	SECTION 25. 111.70 (4) (cm) 7. of the statutes is created to read:
569	569	111.70 (4) (cm) 7. `Factor given greatest weight.' In making any decision under
570	570	the arbitration procedures authorized by this paragraph, except for any decision
571	571	involving a collective bargaining unit consisting of school district employees, the
572	572	arbitrator or arbitration panel shall give the greatest weight to any state law or
573	573	directive lawfully issued by a state legislative or administrative officer, body, or
574	574	agency that limits expenditures that may be made or revenues that may be collected
575	575	by a municipal employer. The arbitrator or arbitration panel shall give an
576	576	accounting of the consideration of this factor in the decision.
577	577	SECTION 26. 111.70 (4) (cm) 7g. of the statutes is created to read:
578	578	111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under
579	579	the arbitration procedures authorized by this paragraph, except for any decision
580	580	involving a collective bargaining unit consisting of school district employees, the
581	581	arbitrator or arbitration panel shall give greater weight to economic conditions in the
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605	605	24 - 13 -2023 - 2024 Legislature
606	606	LRB-4267/1
607	607	MIM:wlj
608	608	SECTION 26
609	609	SENATE BILL 564
610	610	jurisdiction of the municipal employer than to any of the factors specified in subd.
611	611	7r.
612	612	SECTION 27. 111.70 (4) (cm) 7r. of the statutes is created to read:
613	613	111.70 (4) (cm) 7r. `Other factors considered.' In making any decision under the
614	614	arbitration procedures authorized by this paragraph, the arbitrator or arbitration
615	615	panel shall give weight to the following factors:
616	616	a. The lawful authority of the municipal employer.
617	617	b. Stipulations of the parties.
618	618	c. The interests and welfare of the public and the financial ability of the unit
619	619	of government to meet the costs of any proposed settlement.
620	620	d. Comparison of wages, hours, and conditions of employment of the municipal
621	621	employees involved in the arbitration proceedings with the wages, hours, and
622	622	conditions of employment of other employees performing similar services.
623	623	e. Comparison of the wages, hours, and conditions of employment of the
624	624	municipal employees involved in the arbitration proceedings with the wages, hours,
625	625	and conditions of employment of other employees generally in public employment in
626	626	the same community and in comparable communities.
627	627	f. Comparison of the wages, hours, and conditions of employment of the
628	628	municipal employees involved in the arbitration proceedings with the wages, hours,
629	629	and conditions of employment of other employees in private employment in the same
630	630	community and in comparable communities.
631	631	g. The average consumer prices for goods and services, commonly known as the
632	632	cost of living.
633	633	h. The overall compensation presently received by the municipal employees,
634	634	including direct wage compensation, vacation, holidays and excused time, insurance
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659	659	25 - 14 -2023 - 2024 Legislature LRB-4267/1
660	660	MIM:wlj
661	661	SECTION 27 SENATE BILL 564
662	662	and pensions, medical and hospitalization benefits, the continuity and stability of
663	663	employment, and all other benefits received.
664	664	i. Changes in any of the foregoing circumstances during the pendency of the
665	665	arbitration proceedings.
666	666	j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
667	667	taken into consideration in the determination of wages, hours, and conditions of
668	668	employment through voluntary collective bargaining, mediation, fact-finding,
669	669	arbitration, or otherwise between the parties, in the public service, or in private
670	670	employment.
671	671	SECTION 28. 111.70 (4) (cm) 8. of the statutes is created to read:
672	672	111.70 (4) (cm) 8. `Rule making.' The commission shall adopt rules for the
673	673	conduct of all arbitration proceedings under subd. 6., including rules for all of the
674	674	following:
675	675	a. The appointment of tripartite arbitration panels when requested by the
676	676	parties.
677	677	b. The expeditious rendering of arbitration decisions, such as waivers of briefs
678	678	and transcripts.
679	679	c. The removal of individuals who have repeatedly failed to issue timely
680	680	decisions from the commission's list of qualified arbitrators.
681	681	d. Proceedings for the enforcement of arbitration decisions.
682	682	SECTION 29. 111.70 (4) (cm) 8m. of the statutes is amended to read:
683	683	111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
684	684	the initial collective bargaining agreement between the parties and except as the
685	685	parties otherwise agree, every collective bargaining agreement covering general
686	686	municipal employees subject to this paragraph shall be for a term of one year and
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711	711	25 - 15 -2023 - 2024 Legislature
712	712	LRB-4267/1
713	713	MIM:wlj
714	714	SECTION 29
715	715	SENATE BILL 564
716	716	may not be extended 2 years, but in no case may a collective bargaining agreement
717	717	for any collective bargaining unit consisting of municipal employees subject to this
718	718	paragraph other than school district employees be for a term exceeding 3 years nor
719	719	may a collective bargaining agreement for any collective bargaining unit consisting
720	720	of school district employees subject to this paragraph be for a term exceeding 4 years.
721	721	No arbitration award may contain a provision for reopening of negotiations during
722	722	the term of a collective bargaining agreement covering general municipal employees
723	723	may be reopened for negotiations unless both parties agree to reopen the collective
724	724	bargaining agreement. The requirement for agreement by both parties does not
725	725	apply to a provision for reopening of negotiations with respect to any portion of an
726	726	agreement that is declared invalid by a court or administrative agency or rendered
727	727	invalid by the enactment of a law or promulgation of a federal regulation.
728	728	SECTION 30. 111.70 (4) (d) 1. of the statutes is amended to read:
729	729	111.70 (4) (d) 1. A representative chosen for the purposes of collective
730	730	bargaining by a majority of the public safety employees or transit municipal
731	731	employees voting in a collective bargaining unit shall be the exclusive representative
732	732	of all employees in the unit for the purpose of collective bargaining. A representative
733	733	chosen for the purposes of collective bargaining by at least 51 percent of the general
734	734	municipal employees in a collective bargaining unit shall be the exclusive
735	735	representative of all employees in the unit for the purpose of collective bargaining.
736	736	Any individual employee, or any minority group of employees in any collective
737	737	bargaining unit, shall have the right to present grievances to the municipal employer
738	738	in person or through representatives of their own choosing, and the municipal
739	739	employer shall confer with the employee in relation thereto, if the majority
740	740	representative has been afforded the opportunity to be present at the conferences.
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766	766	MIM:wlj
767	767	SECTION 30 SENATE BILL 564
768	768	Any adjustment resulting from these conferences may not be inconsistent with the
769	769	conditions of employment established by the majority representative and the
770	770	municipal employer.
771	771	SECTION 31. 111.70 (4) (d) 2. a. of the statutes is amended to read:
772	772	111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
773	773	bargaining unit for the purpose of collective bargaining and shall whenever possible
774	774	avoid fragmentation by maintaining as few collective bargaining units as practicable
775	775	in keeping with the size of the total municipal workforce. The commission may
776	776	decide whether, in a particular case, the municipal employees in the same or several
777	777	departments, divisions, institutions, crafts, professions, or other occupational
778	778	groupings constitute a collective bargaining unit. Before making its determination,
779	779	the commission may provide an opportunity for the municipal employees concerned
780	780	to determine, by secret ballot, whether they desire to be established as a separate
781	781	collective bargaining unit. The commission may not decide, however, that any group
782	782	of municipal employees constitutes an appropriate collective bargaining unit if the
783	783	group includes both professional employees and nonprofessional employees, unless
784	784	a majority of the professional employees vote for inclusion in the unit. The
785	785	commission may not decide that any group of municipal employees constitutes an
786	786	appropriate collective bargaining unit if the group includes both school district
787	787	employees and general municipal employees who are not school district employees.
788	788	The commission may not decide that any group of municipal employees constitutes
789	789	an appropriate collective bargaining unit if the group includes both public safety
790	790	employees and general municipal employees, if the group includes both transit
791	791	employees and general municipal employees, or if the group includes both transit
792	792	employees and public safety employees. The commission may not decide that any
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817	817	25 - 17 -2023 - 2024 Legislature
818	818	LRB-4267/1
819	819	MIM:wlj
820	820	SECTION 31
821	821	SENATE BILL 564
822	822	group of municipal employees constitutes an appropriate collective bargaining unit
823	823	if the group includes both craft employees and noncraft employees unless a majority
824	824	of the craft employees vote for inclusion in the unit. The commission shall place the
825	825	professional employees who are assigned to perform any services at a charter school,
826	826	as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
827	827	includes any other professional employees whenever at least 30 percent of those
828	828	professional employees request an election to be held to determine that issue and a
829	829	majority of the professional employees at the charter school who cast votes in the
830	830	election decide to be represented in a separate collective bargaining unit.
831	831	SECTION 32. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
832	832	renumbered 111.70 (4) (d) 3.
833	833	SECTION 33. 111.70 (4) (d) 3. b. of the statutes is repealed.
834	834	SECTION 34. 111.70 (4) (mb) of the statutes is repealed.
835	835	SECTION 35. 111.70 (4) (mbb) of the statutes is repealed.
836	836	SECTION 36. 111.70 (4) (n) of the statutes is created to read:
837	837	111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition
838	838	to any subject of bargaining on which the municipal employer is required to bargain
839	839	under sub. (1) (a), the municipal employer is required to bargain collectively with
840	840	respect to all of the following:
841	841	1. Time spent during the school day, separate from pupil contact time, to
842	842	prepare lessons, labs, or educational materials, to confer or collaborate with other
843	843	staff, or to complete administrative duties.
844	844	2. The development of or any changes to a teacher evaluation plan under s.
845	845	118.225.
846	846	SECTION 37. 111.70 (4) (p) of the statutes is amended to read:
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872	872	MIM:wlj
873	873	SECTION 37 SENATE BILL 564
874	874	111.70 (4) (p) Permissive subjects of collective bargaining; public safety and
875	875	transit employees. A municipal employer is not required to bargain with public safety
876	876	employees or transit employees on subjects reserved to management and direction
877	877	of the governmental unit except insofar as the manner of exercise of such functions
878	878	affects the wages, hours, and conditions of employment of the public safety
879	879	employees or of the transit municipal employees in a collective bargaining unit.
880	880	SECTION 38. 111.70 (7m) (c) 3. of the statutes is created to read:
881	881	111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
882	882	participates in a strike after a final and binding arbitration award or decision under
883	883	sub. (4) (cm) is issued and before the end of the term of the agreement which the
884	884	award or decision amends or creates shall forfeit $15 per offense. Each day of
885	885	continued violation constitutes a separate offense.
886	886	SECTION 39. 111.70 (7m) (e) of the statutes is created to read:
887	887	111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration
888	888	award or decision under sub. (4) (cm) in a written collective bargaining agreement
889	889	or failing to implement the award or decision, unless good cause is shown, is liable
890	890	for attorney fees, interest on delayed monetary benefits, and other costs incurred in
891	891	any action by the nonoffending party to enforce the award or decision.
892	892	SECTION 40. 111.70 (8) (a) of the statutes is amended to read:
893	893	111.70 (8) (a) This section, except sub. subs. (1) (nm), (4) (cg) and (cm), and (7m),
894	894	applies to law enforcement supervisors employed by a 1st class city. This section,
895	895	except sub. subs. (1) (nm), (4) (cm) and (jm), and (7m) applies to law enforcement
896	896	supervisors employed by a county having a population of 750,000 or more. For
897	897	purposes of such application, the terms term “municipal employee" and “public
898	898	safety employee" include includes such a supervisor.
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924	924	LRB-4267/1
925	925	MIM:wlj
926	926	SECTION 41
927	927	SENATE BILL 564
928	928	SECTION 41. 111.71 (2) of the statutes is amended to read:
929	929	111.71 (2) The commission shall assess and collect a filing fee for filing a
930	930	complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
931	931	The commission shall assess and collect a filing fee for filing a request that the
932	932	commission act as an arbitrator to resolve a dispute involving the interpretation or
933	933	application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or
934	934	(cm) 4. The commission shall assess and collect a filing fee for filing a request that
935	935	the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
936	936	assess and collect a filing fee for filing a request that the commission act as a
937	937	mediator under s. 111.70 (4) (c) 1., (cg) 3., 1m. or (cm) 3. The commission shall assess
938	938	and collect a filing fee for filing a request that the commission initiate compulsory,
939	939	final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3). For
940	940	the performance of commission actions under ss. 111.70 (4) (c) 1., 1m., 2., and 3., (cg)
941	941	3., 4., and 6., (cm) 3. and, 4., and 6., and (jm) and 111.77 (3), the commission shall
942	942	require that the parties to the dispute equally share in the payment of the fee and,
943	943	for the performance of commission actions involving a complaint alleging that a
944	944	prohibited practice has been committed under s. 111.70 (3), the commission shall
945	945	require that the party filing the complaint pay the entire fee. If any party has paid
946	946	a filing fee requesting the commission to act as a mediator for a labor dispute and the
947	947	parties do not enter into a voluntary settlement of the dispute, the commission may
948	948	not subsequently assess or collect a filing fee to initiate fact-finding or arbitration
949	949	to resolve the same labor dispute. If any request for the performance of commission
950	950	actions concerns issues arising as a result of more than one unrelated event or
951	951	occurrence, each such separate event or occurrence shall be treated as is a separate
952	952	request. The commission shall promulgate rules establishing a schedule of filing fees
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978	978	MIM:wlj
979	979	SECTION 41 SENATE BILL 564
980	980	to be paid under this subsection. Fees required to be paid under this subsection shall
981	981	be paid at the time of filing the complaint or the request for fact-finding, mediation
982	982	or arbitration. A complaint or request for fact-finding, mediation or arbitration is
983	983	not filed until the date such the fee or fees are paid, except that the failure of the
984	984	respondent party to pay the filing fee for having the commission initiate compulsory,
985	985	final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3) may
986	986	not prohibit the commission from initiating such the arbitration. The commission
987	987	may initiate collection proceedings against the respondent party for the payment of
988	988	the filing fee. Fees collected under this subsection shall be credited to the
989	989	appropriation account under s. 20.425 (1) (i).
990	990	SECTION 42. 111.71 (4) of the statutes is created to read:
991	991	111.71 (4) The commission shall collect on a systematic basis information on
992	992	the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually
993	993	submit a report on the opinion to the chief clerk of each house of the legislature for
994	994	distribution to the legislature under s. 13.172 (2).
995	995	SECTION 43. 111.71 (4m) of the statutes is repealed.
996	996	SECTION 44. 111.71 (5) of the statutes is created to read:
997	997	111.71 (5) The commission shall, on a regular basis, provide training programs
998	998	to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall
999	999	promote the programs to and recruit participation throughout the state, including
1000	1000	at least 10 residents of each congressional district. The commission may also provide
1001	1001	training programs to individuals and organizations on other aspects of collective
1002	1002	bargaining, including on areas of management and labor cooperation directly or
1003	1003	indirectly affecting collective bargaining. The commission may charge a reasonable
1004	1004	fee to participate in the programs.
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1031	1031	MIM:wlj
1032	1032	SECTION 45
1033	1033	SENATE BILL 564
1034	1034	SECTION 45. 111.71 (5m) of the statutes is repealed.
1035	1035	SECTION 46. 111.77 (9) of the statutes is amended to read:
1036	1036	111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) does not apply to employments
1037	1037	covered by this section.
1038	1038	SECTION 47. 111.81 (3n) of the statutes is repealed.
1039	1039	SECTION 48. 111.825 (5) of the statutes is amended to read:
1040	1040	111.825 (5) Although supervisors are not considered employees for purposes
1041	1041	of this subchapter, the commission may consider a petition for a statewide collective
1042	1042	bargaining unit of professional supervisors or a statewide unit of nonprofessional
1043	1043	supervisors in the classified service, but the representative of supervisors may not
1044	1044	be affiliated with any labor organization representing employees. For purposes of
1045	1045	this subsection, affiliation does not include membership in a national, state, county
1046	1046	or municipal federation of national or international labor organizations. The
1047	1047	certified representative of supervisors who are not public safety employees may not
1048	1048	bargain collectively with respect to any matter other than wages and conditions of
1049	1049	employment as provided in s. 111.91 (3), and the certified representative of
1050	1050	supervisors who are public safety employees may not bargain collectively with
1051	1051	respect to any matter other than wages and fringe benefits as provided in s. 111.91
1052	1052	(1).
1053	1053	SECTION 49. 111.83 (1) of the statutes is amended to read:
1054	1054	111.83 (1) Except as provided in sub. (5), a representative chosen for the
1055	1055	purposes of collective bargaining by at least 51 percent a majority of the general
1056	1056	employees voting in a collective bargaining unit shall be the exclusive representative
1057	1057	of all of the employees in such unit for the purposes of collective bargaining. A
1058	1058	representative chosen for the purposes of collective bargaining by a majority of the
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1085	1085	SECTION 49 SENATE BILL 564
1086	1086	public safety employees voting in a collective bargaining unit shall be the exclusive
1087	1087	representative of all of the employees in such unit for the purposes of collective
1088	1088	bargaining. Any individual employee, or any minority group of employees in any
1089	1089	collective bargaining unit, may present grievances to the employer in person, or
1090	1090	through representatives of their own choosing, and the employer shall confer with
1091	1091	the employee or group of employees in relation thereto if the majority representative
1092	1092	has been afforded the opportunity to be present at the conference. Any adjustment
1093	1093	resulting from such a conference may not be inconsistent with the conditions of
1094	1094	employment established by the majority representative and the employer.
1095	1095	SECTION 50. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
1096	1096	SECTION 51. 111.83 (3) (b) of the statutes is repealed.
1097	1097	SECTION 52. 111.83 (4) of the statutes is amended to read:
1098	1098	111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which
1099	1099	the name of more than one proposed representative appears on the ballot and results
1100	1100	in no conclusion, the commission may, if requested by any party to the proceeding
1101	1101	within 30 days from the date of the certification of the results of the election, conduct
1102	1102	a runoff election. In that runoff election, the commission shall drop from the ballot
1103	1103	the name of the representative who received the least number of votes at the original
1104	1104	election. The commission shall drop from the ballot the privilege of voting against
1105	1105	any representative if the least number of votes cast at the first election was against
1106	1106	representation by any named representative.
1107	1107	SECTION 53. 111.91 (3) (intro.) and (a) of the statutes are consolidated,
1108	1108	renumbered 111.91 (3) and amended to read:
1109	1109	111.91 (3) The employer is prohibited from bargaining with a collective
1110	1110	bargaining unit containing a general employee with respect to any of the following:
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1138	1138	SECTION 53
1139	1139	SENATE BILL 564
1140	1140	(a) Any factor or condition hours of employment except wages, which includes only
1141	1141	total base wages and excludes any other compensation, which includes, but is not
1142	1142	limited to, overtime, premium pay, merit pay, performance pay, supplemental
1143	1143	compensation, pay schedules, and automatic pay progressions.
1144	1144	SECTION 54. 111.91 (3) (b) of the statutes is repealed.
1145	1145	SECTION 55. 111.91 (3q) of the statutes is repealed.
1146	1146	SECTION 56. 118.245 of the statutes is repealed.
1147	1147	SECTION 57. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12,
1148	1148	is amended to read:
1149	1149	119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1150	1150	66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
1151	1151	115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
1152	1152	118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124,
1153	1153	118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
1154	1154	118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
1155	1155	(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
1156	1156	to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m),
1157	1157	(5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
1158	1158	(35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
1159	1159	applicable to a 1st class city school district and board but not, unless explicitly
1160	1160	provided in this chapter or in the terms of a contract, to the commissioner or to any
1161	1161	school transferred to an opportunity schools and partnership program.
1162	1162	SECTION 58. 120.12 (4m) of the statutes is repealed.
1163	1163	SECTION 59. 120.18 (1) (gm) of the statutes is amended to read:
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1189	1189	SECTION 59 SENATE BILL 564
1190	1190	120.18 (1) (gm) Payroll and related benefit costs for all school district
1191	1191	employees in the previous school year. Payroll costs Costs for represented employees
1192	1192	shall be based upon the costs of wages of any collective bargaining agreements
1193	1193	covering such employees for the previous school year. If, as of the time specified by
1194	1194	the department for filing the report, the school district has not entered into a
1195	1195	collective bargaining agreement for any portion of the previous school year with the
1196	1196	recognized or certified representative of any of its employees and the school district
1197	1197	and the representative have not submitted final offers, increased costs of wages,
1198	1198	limited to the lower of the school district's offer and the representative's offer, shall
1199	1199	be reflected in the report shall be equal to the maximum wage expenditure that is
1200	1200	subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The
1201	1201	school district shall amend the annual report to reflect any change in such costs as
1202	1202	a result of any collective bargaining agreement entered into between the date of
1203	1203	filing the report and October 1. Any such amendment shall be concurred in by the
1204	1204	certified public accountant licensed or certified under ch. 442 certifying the school
1205	1205	district audit.
1206	1206	SECTION 60. 851.71 (4) of the statutes is amended to read:
1207	1207	851.71 (4) In counties having a population of 750,000 or more, the appointment
1208	1208	under subs. (1) and (2) shall be made as provided in those subsections but the judges
1209	1209	shall not remove the register in probate and deputy registers, except through charges
1210	1210	for dismissal made and sustained under s. 63.10 or an applicable collective
1211	1211	bargaining agreement.
1212	1212	SECTION 61. 904.085 (2) (a) of the statutes is amended to read:
1213	1213	904.085 (2) (a) “Mediation" means mediation under s. 93.50 (3), conciliation
1214	1214	under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87,
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1242	1242	SECTION 61
1243	1243	SENATE BILL 564
1244	1244	mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
1245	1245	or s. 767.405, or any similar statutory, contractual or court-referred process
1246	1246	facilitating the voluntary resolution of disputes. “Mediation" does not include
1247	1247	binding arbitration or appraisal.
1248	1248	SECTION 62.0Initial applicability.
1249	1249	(1) This act first applies to an employee who is covered by a collective
1250	1250	bargaining agreement under subch. IV or V of ch. 111 that contains provisions
1251	1251	inconsistent with this act on the day on which the agreement expires or is
1252	1252	terminated, extended, modified, or renewed, whichever occurs first.
1253	1253	(END)
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