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2023 - 2024 LEGISLATURE
2023 SENATE BILL 564
October 23, 2023 - Introduced by Senators LARSON, AGARD, CARPENTER, HESSELBEIN,
ROYS, SPREITZER and WIRCH, cosponsored by Representatives CABRERA,
SINICKI, C. ANDERSON, J. ANDERSON, BARE, CONSIDINE, DOYLE, EMERSON,
HAYWOOD, HONG, JOERS, NEUBAUER, OHNSTAD, PALMERI, RATCLIFF, SHANKLAND,
SHELTON, SNODGRASS, STUBBS and SUBECK. Referred to Committee on Labor,
Regulatory Reform, Veterans and Military Affairs.
AN ACT to repeal 66.0506, 66.0508, 66.0509 (1m), 73.03 (68), 111.70 (1) (cm),
111.70 (3) (a) 7m., 111.70 (3) (b) 6m., 111.70 (4) (cg), 111.70 (4) (d) 3. b., 111.70
(4) (mb), 111.70 (4) (mbb), 111.71 (4m), 111.71 (5m), 111.81 (3n), 111.83 (3) (b),
111.91 (3) (b), 111.91 (3q), 118.245 and 120.12 (4m); to renumber 111.83 (3) (a);
to renumber and amend 111.70 (4) (c) 1. and 111.70 (4) (cm) 1.; to
consolidate and renumber 111.70 (4) (d) 3. a. and c.; to consolidate,
renumber and amend 111.91 (3) (intro.) and (a); to amend 20.425 (1) (i),
111.70 (1) (a), 111.70 (3) (a) 5., 111.70 (4) (c) (title), 111.70 (4) (c) 2., 111.70 (4) (c)
3. (intro.), 111.70 (4) (cm) (title), 111.70 (4) (cm) 2., 3. and 4., 111.70 (4) (cm) 8m.,
111.70 (4) (d) 1., 111.70 (4) (d) 2. a., 111.70 (4) (p), 111.70 (8) (a), 111.71 (2), 111.77
(9), 111.825 (5), 111.83 (1), 111.83 (4), 119.04 (1), 120.18 (1) (gm), 851.71 (4) and
904.085 (2) (a); and to create 111.70 (3) (a) 7., 111.70 (3) (b) 6., 111.70 (4) (c) 1g.,
111.70 (4) (cm) 1g., 111.70 (4) (cm) 5., 111.70 (4) (cm) 6., 111.70 (4) (cm) 7., 111.70
(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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3., 111.70 (7m) (e), 111.71 (4) and 111.71 (5) of the statutes; relating to:
bargaining over wages, hours, and conditions of employment for public
employees.
Analysis by the Legislative Reference Bureau
Under current law, the only subject that most state and municipal employees
may collectively bargain over is a percentage increase in base wages that does not
exceed the percentage increase in the consumer price index. This bill removes that
limitation so that state and municipal employees may bargain over any increase in
wages.
Also, under current law, certain protective occupation participants under the
Wisconsin Retirement System, known as public safety employees, and certain
municipal transit employees may collectively bargain wages, hours, and conditions
of employment. Under the bill, most state and general municipal employees may
collectively bargain hours and conditions of employment.
The bill also allows all municipal employers and labor organizations to agree
to a dispute settlement procedure, including binding interest arbitration, to resolve
an impasse over the terms of a collective bargaining agreement under the Municipal
Employment Relations Act.
Under current law, representatives for most municipal and state employee
bargaining units must be selected by at least 51 percent of the employees in the
bargaining unit. The bill changes that requirement to a simple majority of the
employees voting in the collective bargaining unit.
Finally, under current law, representatives for most municipal and state
employee bargaining units must be certified annually by receiving at least 51 percent
of the vote of the employees in the bargaining unit. The bill repeals this certification
requirement.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 20.425 (1) (i) of the statutes is amended to read:
20.425 (1) (i) Fees, collective bargaining training, publications, and appeals.
The amounts in the schedule for the performance of fact-finding, mediation,
certification, and arbitration functions, for the provision of copies of transcripts, for
the cost of operating training programs under ss. 111.09 (3), 111.71 (5m) (5), and
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111.94 (3), for the preparation of publications, transcripts, reports, and other copied
material, and for costs related to conducting appeals under s. 230.45. All moneys
received under ss. 111.09 (1) and (2), 111.70 (4) (d) 3. b., 111.71 (1) and (2), 111.83 (3)
(b), 111.94 (1) and (2), and 230.45 (3), all moneys received from arbitrators and
arbitration panel members, and individuals who are interested in serving in such
positions, and from individuals and organizations who participate in other collective
bargaining training programs conducted by the commission, and all moneys received
from the sale of publications, transcripts, reports, and other copied material shall be
credited to this appropriation account.
SECTION 2. 66.0506 of the statutes is repealed.
SECTION 3. 66.0508 of the statutes is repealed.
SECTION 4. 66.0509 (1m) of the statutes is repealed.
SECTION 5. 73.03 (68) of the statutes is repealed.
SECTION 6. 111.70 (1) (a) of the statutes is amended to read:
111.70 (1) (a) “Collective bargaining" means the performance of the mutual
obligation of a municipal employer, through its officers and agents, and the
representative of its municipal employees in a collective bargaining unit, to meet and
confer at reasonable times, in good faith, with the intention of reaching an
agreement, or to resolve questions arising under such an agreement, with respect to
wages, hours, and conditions of employment for public safety employees or transit
employees and with respect to wages for general municipal employees, and with
respect to a requirement of the municipal employer for a municipal employee to
perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
(2e) and for a school district with respect to any matter under sub. (4) (n), except as
provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal
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SECTION 6 SENATE BILL 564
employer shall not meet and confer with respect to any proposal to diminish or
abridge the rights guaranteed to any public safety employees under ch. 164.
Collective bargaining includes the reduction of any agreement reached to a written
and signed document.
SECTION 7. 111.70 (1) (cm) of the statutes is repealed.
SECTION 8. 111.70 (3) (a) 5. of the statutes is amended to read:
111.70 (3) (a) 5. To violate any collective bargaining agreement previously
agreed upon by the parties with respect to wages, hours, and conditions of
employment affecting public safety employees or transit municipal employees,
including an agreement to arbitrate questions arising as to the meaning or
application of the terms of a collective bargaining agreement or to accept the terms
of such arbitration award, where previously the parties have agreed to accept such
award as final and binding upon them or to violate any collective bargaining
agreement affecting general municipal employees, that was previously agreed upon
by the parties with respect to wages.
SECTION 9. 111.70 (3) (a) 7. of the statutes is created to read:
111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
lawfully made under sub. (4) (cm).
SECTION 10. 111.70 (3) (a) 7m. of the statutes is repealed.
SECTION 11. 111.70 (3) (b) 6. of the statutes is created to read:
111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
lawfully made under sub. (4) (cm).
SECTION 12. 111.70 (3) (b) 6m. of the statutes is repealed.
SECTION 13. 111.70 (4) (c) (title) of the statutes is amended to read:
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111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety
employees law enforcement and fire fighting personnel.
SECTION 14. 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m. and
amended to read:
111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in
labor disputes involving a collective bargaining unit containing a public safety
employee. Such mediation may be carried on by a person designated to act by the
commission upon request of one or both of the parties or upon initiation of the
commission. The function of the mediator is to encourage voluntary settlement by
the parties but no mediator has the power of compulsion.
SECTION 15. 111.70 (4) (c) 1g. of the statutes is created to read:
111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal
employees who are engaged in law enforcement or fire fighting functions.
SECTION 16. 111.70 (4) (c) 2. of the statutes is amended to read:
111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
or application of the terms of a written collective bargaining agreement involving a
collective bargaining unit containing a public safety employee may agree in writing
to have the commission or any other appropriate agency serve as arbitrator or may
designate any other competent, impartial and disinterested person to so serve.
SECTION 17. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
involving a collective bargaining unit containing a public safety employee has not
been settled after a reasonable period of negotiation and after the settlement
procedures, if any, established by the parties have been exhausted, and the parties
are deadlocked with respect to any dispute between them arising in the collective
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SECTION 17 SENATE BILL 564
bargaining process, either party, or the parties jointly, may petition the commission,
in writing, to initiate fact-finding, and to make recommendations to resolve the
deadlock, as follows:
SECTION 18. 111.70 (4) (cg) of the statutes is repealed.
SECTION 19. 111.70 (4) (cm) (title) of the statutes is amended to read:
111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general
municipal employees other personnel.
SECTION 20. 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm) 1m.
and amended to read:
111.70 (4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
purpose of advising the commission of the commencement of contract negotiations
involving a collective bargaining unit containing general municipal employees,
whenever either party requests the other to reopen negotiations under a binding
collective bargaining agreement, or the parties otherwise commence negotiations if
no such agreement exists, the party requesting negotiations shall immediately notify
the commission in writing. Upon failure of the requesting party to provide such
notice, the other party may so notify the commission. The notice shall specify the
expiration date of the existing collective bargaining agreement, if any, and shall set
forth any additional information the commission may require on a form provided by
the commission.
SECTION 21. 111.70 (4) (cm) 1g. of the statutes is created to read:
111.70 (4) (cm) 1g. `Application.' a. Chapter 788 does not apply to arbitration
proceedings under this paragraph.
b. This paragraph does not apply to labor disputes involving municipal
employees who are engaged in law enforcement or fire fighting functions.
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SECTION 22. 111.70 (4) (cm) 2., 3. and 4. of the statutes are amended to read:
111.70 (4) (cm) 2. `Presentation of initial proposals; open meetings.' The
meetings between parties to a collective bargaining agreement or proposed collective
bargaining agreement under this subchapter that involve a collective bargaining
unit containing a general municipal employee and that are held for the purpose of
presenting initial bargaining proposals, along with supporting rationale, shall be are
open to the public. Each party shall submit its initial bargaining proposals to the
other party in writing. Failure to comply with this subdivision is not cause to
invalidate a collective bargaining agreement under this subchapter.
3. `Mediation.' The commission or its designee shall function as mediator in
labor disputes involving general municipal employees upon request of one or both of
the parties, or upon initiation of the commission. The function of the mediator shall
be to encourage voluntary settlement by the parties. No mediator has the power of
compulsion.
4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
application of the terms of a written collective bargaining agreement involving a
collective bargaining unit containing a general municipal employee may agree in
writing to have the commission or any other appropriate agency serve as arbitrator
or may designate any other competent, impartial and disinterested person to so
serve.
SECTION 23. 111.70 (4) (cm) 5. of the statutes is created to read:
111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
other impasse resolution procedures provided in this paragraph, a municipal
employer and labor organization may, as a permissive subject of bargaining, agree
in writing to a dispute settlement procedure, including binding interest arbitration,
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SECTION 23 SENATE BILL 564
that is acceptable to the parties for resolving an impasse over terms of any collective
bargaining agreement under this subchapter. The parties shall file a copy of the
agreement with the commission. If the parties agree to any form of binding interest
arbitration, the arbitrator shall give weight to the factors enumerated under subds.
7. and 7g. for a collective bargaining unit consisting of municipal employees who are
not school district employees and under subd. 7r. for a collective bargaining unit
consisting of municipal employees.
SECTION 24. 111.70 (4) (cm) 6. of the statutes is created to read:
111.70 (4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
a dispute relating to any issue has not been settled after a reasonable period of
negotiation and after mediation by the commission under subd. 3. and other
settlement procedures, if any, established by the parties have been exhausted, and
the parties are deadlocked with respect to any dispute between them over wages,
hours, or conditions of employment to be included in a new collective bargaining
agreement, either party, or the parties jointly, may petition the commission, in
writing, to initiate compulsory, final, and binding arbitration, as provided in this
paragraph. At the time the petition is filed, the petitioning party shall submit in
writing to the other party and the commission its preliminary final offer containing
its latest proposals on all issues in dispute. Within 14 calendar days after the date
of that submission, the other party shall submit in writing its preliminary final offer
on all disputed issues to the petitioning party and the commission. If a petition is
filed jointly, both parties shall exchange their preliminary final offers in writing and
submit copies to the commission at the time the petition is filed.
am. Upon receipt of a petition to initiate arbitration, the commission shall
investigate, with or without a formal hearing, whether arbitration should be
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commenced. If in determining whether an impasse exists the commission finds that
the procedures under this paragraph have not been complied with and that the
compliance would tend to result in a settlement, it may order compliance before
ordering arbitration. The validity of any arbitration award or collective bargaining
agreement is not affected by failure to comply with the procedures. Prior to the close
of the investigation, each party shall submit in writing to the commission its single
final offer containing its final proposals on all issues in dispute that are subject to
interest arbitration under this subdivision. If a party fails to submit a single final
offer, the commission shall close the investigation based on the last written position
of the party. Such final offers may include only mandatory subjects of bargaining,
except that a permissive subject of bargaining may be included by a party if the other
party does not object and shall then be treated as a mandatory subject. The parties
shall also submit to the commission a written stipulation with respect to all matters
that are agreed upon for inclusion in the new or amended collective bargaining
agreement. The commission, after receiving a report from its investigator and
determining that arbitration should be commenced, shall issue an order requiring
arbitration and immediately submit to the parties a list of 7 arbitrators. The parties
shall alternately strike names from the list until a single name is left, who shall be
appointed as arbitrator. The petitioning party shall notify the commission in writing
of the identity of the arbitrator selected. Upon receipt of the notice, the commission
shall formally appoint the arbitrator and submit to him or her the final offers of the
parties. The final offers are public documents and the commission shall make them
available. In lieu of a single arbitrator and upon request of both parties, the
commission shall appoint a tripartite arbitration panel consisting of one member
selected by each of the parties and a neutral person designated by the commission
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SECTION 24 SENATE BILL 564
who shall serve as a chairperson. An arbitration panel has the same powers and
duties as provided in this section for any other appointed arbitrator, and all
arbitration decisions by a panel shall be determined by majority vote. In place of
selection of the arbitrator by the parties and upon request of both parties, the
commission shall establish a procedure for randomly selecting names of arbitrators.
Under the procedure, the commission shall submit a list of 7 arbitrators to the
parties. Each party shall strike one name from the list. From the remaining 5
names, the commission shall randomly appoint an arbitrator. Unless both parties
to an arbitration proceeding otherwise agree in writing, every individual whose
name is submitted by the commission for appointment as an arbitrator must be a
resident of this state at the time of submission and every individual who is
designated as an arbitration panel chairperson must be a resident of this state at the
time of designation.
b. The arbitrator shall, within 10 days of his or her appointment, establish a
date and place for the arbitration hearing. Upon petition of at least 5 citizens of the
jurisdiction served by the municipal employer, filed within 10 days after the date on
which the arbitrator is appointed, the arbitrator shall hold a public hearing in the
jurisdiction to provide the opportunity to both parties to explain or present
supporting arguments for their positions and to members of the public to offer their
comments and suggestions. The final offers of the parties, as transmitted by the
commission to the arbitrator, are the basis for any continued negotiations between
the parties with respect to the issues in dispute. At any time prior to the arbitration
hearing, either party, with the consent of the other party, may modify its final offer
in writing.
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c. Prior to the arbitration hearing, either party may, within a time limit
established by the arbitrator, withdraw its final offer and any mutually agreed upon
modifications and shall immediately provide written notice of any withdrawal to the
other party, the arbitrator, and the commission. If both parties withdraw their final
offers and mutually agreed upon modifications, the labor organization, after giving
10 days' written notice to the municipal employer and the commission, may strike.
Unless both parties withdraw their final offers and mutually agreed upon
modifications, the final offer of neither party is considered withdrawn and the
arbitrator shall proceed to resolve the dispute by final and binding arbitration as
provided in this paragraph.
d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
her own motion or at the request of either party, conduct a meeting open to the public
to provide to both parties the opportunity to explain or present supporting
arguments for their complete offer on all matters to be covered by the proposed
agreement. The arbitrator shall adopt without modification the final offer of one of
the parties on all disputed issues submitted under subd. 6. am., except those items
that the commission determines not to be mandatory subjects of bargaining and
those items that have not been treated as mandatory subjects by the parties, and
including any prior modifications of the offer mutually agreed upon by the parties
under subd. 6. b. The decision is final and binding on both parties and shall be
incorporated into a written collective bargaining agreement. The arbitrator shall
serve a copy of his or her decision on both parties and the commission.
e. Arbitration proceedings may not be interrupted or terminated by reason of
any prohibited practice complaint filed by either party at any time.
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SECTION 24 SENATE BILL 564
f. The parties shall equally divide the costs of arbitration. The arbitrator shall
submit a statement of his or her costs to both parties and to the commission.
g. If a question arises as to whether any proposal made in negotiations by either
party is a mandatory, permissive, or prohibited subject of bargaining, the
commission shall determine the issue under par. (b). If either party to the dispute
petitions the commission for a declaratory ruling under par. (b), the proceedings
under subd. 6. c. and d. may not occur until the commission renders a decision in the
matter and the decision is final. The arbitrator's award shall be made in accordance
with the commission's ruling, subject to automatic amendment by any subsequent
court reversal.
SECTION 25. 111.70 (4) (cm) 7. of the statutes is created to read:
111.70 (4) (cm) 7. `Factor given greatest weight.' In making any decision under
the arbitration procedures authorized by this paragraph, except for any decision
involving a collective bargaining unit consisting of school district employees, the
arbitrator or arbitration panel shall give the greatest weight to any state law or
directive lawfully issued by a state legislative or administrative officer, body, or
agency that limits expenditures that may be made or revenues that may be collected
by a municipal employer. The arbitrator or arbitration panel shall give an
accounting of the consideration of this factor in the decision.
SECTION 26. 111.70 (4) (cm) 7g. of the statutes is created to read:
111.70 (4) (cm) 7g. `Factor given greater weight.' In making any decision under
the arbitration procedures authorized by this paragraph, except for any decision
involving a collective bargaining unit consisting of school district employees, the
arbitrator or arbitration panel shall give greater weight to economic conditions in the
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jurisdiction of the municipal employer than to any of the factors specified in subd.
7r.
SECTION 27. 111.70 (4) (cm) 7r. of the statutes is created to read:
111.70 (4) (cm) 7r. `Other factors considered.' In making any decision under the
arbitration procedures authorized by this paragraph, the arbitrator or arbitration
panel shall give weight to the following factors:
a. The lawful authority of the municipal employer.
b. Stipulations of the parties.
c. The interests and welfare of the public and the financial ability of the unit
of government to meet the costs of any proposed settlement.
d. Comparison of wages, hours, and conditions of employment of the municipal
employees involved in the arbitration proceedings with the wages, hours, and
conditions of employment of other employees performing similar services.
e. Comparison of the wages, hours, and conditions of employment of the
municipal employees involved in the arbitration proceedings with the wages, hours,
and conditions of employment of other employees generally in public employment in
the same community and in comparable communities.
f. Comparison of the wages, hours, and conditions of employment of the
municipal employees involved in the arbitration proceedings with the wages, hours,
and conditions of employment of other employees in private employment in the same
community and in comparable communities.
g. The average consumer prices for goods and services, commonly known as the
cost of living.
h. The overall compensation presently received by the municipal employees,
including direct wage compensation, vacation, holidays and excused time, insurance
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SECTION 27 SENATE BILL 564
and pensions, medical and hospitalization benefits, the continuity and stability of
employment, and all other benefits received.
i. Changes in any of the foregoing circumstances during the pendency of the
arbitration proceedings.
j. Factors, not included in subd. 7r. a. to i., which are normally or traditionally
taken into consideration in the determination of wages, hours, and conditions of
employment through voluntary collective bargaining, mediation, fact-finding,
arbitration, or otherwise between the parties, in the public service, or in private
employment.
SECTION 28. 111.70 (4) (cm) 8. of the statutes is created to read:
111.70 (4) (cm) 8. `Rule making.' The commission shall adopt rules for the
conduct of all arbitration proceedings under subd. 6., including rules for all of the
following:
a. The appointment of tripartite arbitration panels when requested by the
parties.
b. The expeditious rendering of arbitration decisions, such as waivers of briefs
and transcripts.
c. The removal of individuals who have repeatedly failed to issue timely
decisions from the commission's list of qualified arbitrators.
d. Proceedings for the enforcement of arbitration decisions.
SECTION 29. 111.70 (4) (cm) 8m. of the statutes is amended to read:
111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
the initial collective bargaining agreement between the parties and except as the
parties otherwise agree, every collective bargaining agreement covering general
municipal employees subject to this paragraph shall be for a term of one year and
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may not be extended 2 years, but in no case may a collective bargaining agreement
for any collective bargaining unit consisting of municipal employees subject to this
paragraph other than school district employees be for a term exceeding 3 years nor
may a collective bargaining agreement for any collective bargaining unit consisting
of school district employees subject to this paragraph be for a term exceeding 4 years.
No arbitration award may contain a provision for reopening of negotiations during
the term of a collective bargaining agreement covering general municipal employees
may be reopened for negotiations unless both parties agree to reopen the collective
bargaining agreement. The requirement for agreement by both parties does not
apply to a provision for reopening of negotiations with respect to any portion of an
agreement that is declared invalid by a court or administrative agency or rendered
invalid by the enactment of a law or promulgation of a federal regulation.
SECTION 30. 111.70 (4) (d) 1. of the statutes is amended to read:
111.70 (4) (d) 1. A representative chosen for the purposes of collective
bargaining by a majority of the public safety employees or transit municipal
employees voting in a collective bargaining unit shall be the exclusive representative
of all employees in the unit for the purpose of collective bargaining. A representative
chosen for the purposes of collective bargaining by at least 51 percent of the general
municipal employees in a collective bargaining unit shall be the exclusive
representative of all employees in the unit for the purpose of collective bargaining.
Any individual employee, or any minority group of employees in any collective
bargaining unit, shall have the right to present grievances to the municipal employer
in person or through representatives of their own choosing, and the municipal
employer shall confer with the employee in relation thereto, if the majority
representative has been afforded the opportunity to be present at the conferences.
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SECTION 30 SENATE BILL 564
Any adjustment resulting from these conferences may not be inconsistent with the
conditions of employment established by the majority representative and the
municipal employer.
SECTION 31. 111.70 (4) (d) 2. a. of the statutes is amended to read:
111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
bargaining unit for the purpose of collective bargaining and shall whenever possible
avoid fragmentation by maintaining as few collective bargaining units as practicable
in keeping with the size of the total municipal workforce. The commission may
decide whether, in a particular case, the municipal employees in the same or several
departments, divisions, institutions, crafts, professions, or other occupational
groupings constitute a collective bargaining unit. Before making its determination,
the commission may provide an opportunity for the municipal employees concerned
to determine, by secret ballot, whether they desire to be established as a separate
collective bargaining unit. The commission may not decide, however, that any group
of municipal employees constitutes an appropriate collective bargaining unit if the
group includes both professional employees and nonprofessional employees, unless
a majority of the professional employees vote for inclusion in the unit. The
commission may not decide that any group of municipal employees constitutes an
appropriate collective bargaining unit if the group includes both school district
employees and general municipal employees who are not school district employees.
The commission may not decide that any group of municipal employees constitutes
an appropriate collective bargaining unit if the group includes both public safety
employees and general municipal employees, if the group includes both transit
employees and general municipal employees, or if the group includes both transit
employees and public safety employees. The commission may not decide that any
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SECTION 31
SENATE BILL 564
group of municipal employees constitutes an appropriate collective bargaining unit
if the group includes both craft employees and noncraft employees unless a majority
of the craft employees vote for inclusion in the unit. The commission shall place the
professional employees who are assigned to perform any services at a charter school,
as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that
includes any other professional employees whenever at least 30 percent of those
professional employees request an election to be held to determine that issue and a
majority of the professional employees at the charter school who cast votes in the
election decide to be represented in a separate collective bargaining unit.
SECTION 32. 111.70 (4) (d) 3. a. and c. of the statutes are consolidated and
renumbered 111.70 (4) (d) 3.
SECTION 33. 111.70 (4) (d) 3. b. of the statutes is repealed.
SECTION 34. 111.70 (4) (mb) of the statutes is repealed.
SECTION 35. 111.70 (4) (mbb) of the statutes is repealed.
SECTION 36. 111.70 (4) (n) of the statutes is created to read:
111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition
to any subject of bargaining on which the municipal employer is required to bargain
under sub. (1) (a), the municipal employer is required to bargain collectively with
respect to all of the following:
1. Time spent during the school day, separate from pupil contact time, to
prepare lessons, labs, or educational materials, to confer or collaborate with other
staff, or to complete administrative duties.
2. The development of or any changes to a teacher evaluation plan under s.
118.225.
SECTION 37. 111.70 (4) (p) of the statutes is amended to read:
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SECTION 37 SENATE BILL 564
111.70 (4) (p) Permissive subjects of collective bargaining; public safety and
transit employees. A municipal employer is not required to bargain with public safety
employees or transit employees on subjects reserved to management and direction
of the governmental unit except insofar as the manner of exercise of such functions
affects the wages, hours, and conditions of employment of the public safety
employees or of the transit municipal employees in a collective bargaining unit.
SECTION 38. 111.70 (7m) (c) 3. of the statutes is created to read:
111.70 (7m) (c) 3. `Strike in violation of award.' Any person who authorizes or
participates in a strike after a final and binding arbitration award or decision under
sub. (4) (cm) is issued and before the end of the term of the agreement which the
award or decision amends or creates shall forfeit $15 per offense. Each day of
continued violation constitutes a separate offense.
SECTION 39. 111.70 (7m) (e) of the statutes is created to read:
111.70 (7m) (e) Civil liability. Any party refusing to include an arbitration
award or decision under sub. (4) (cm) in a written collective bargaining agreement
or failing to implement the award or decision, unless good cause is shown, is liable
for attorney fees, interest on delayed monetary benefits, and other costs incurred in
any action by the nonoffending party to enforce the award or decision.
SECTION 40. 111.70 (8) (a) of the statutes is amended to read:
111.70 (8) (a) This section, except sub. subs. (1) (nm), (4) (cg) and (cm), and (7m),
applies to law enforcement supervisors employed by a 1st class city. This section,
except sub. subs. (1) (nm), (4) (cm) and (jm), and (7m) applies to law enforcement
supervisors employed by a county having a population of 750,000 or more. For
purposes of such application, the terms term “municipal employee" and “public
safety employee" include includes such a supervisor.
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SECTION 41
SENATE BILL 564
SECTION 41. 111.71 (2) of the statutes is amended to read:
111.71 (2) The commission shall assess and collect a filing fee for filing a
complaint alleging that a prohibited practice has been committed under s. 111.70 (3).
The commission shall assess and collect a filing fee for filing a request that the
commission act as an arbitrator to resolve a dispute involving the interpretation or
application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or
(cm) 4. The commission shall assess and collect a filing fee for filing a request that
the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall
assess and collect a filing fee for filing a request that the commission act as a
mediator under s. 111.70 (4) (c) 1., (cg) 3., 1m. or (cm) 3. The commission shall assess
and collect a filing fee for filing a request that the commission initiate compulsory,
final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3). For
the performance of commission actions under ss. 111.70 (4) (c) 1., 1m., 2., and 3., (cg)
3., 4., and 6., (cm) 3. and, 4., and 6., and (jm) and 111.77 (3), the commission shall
require that the parties to the dispute equally share in the payment of the fee and,
for the performance of commission actions involving a complaint alleging that a
prohibited practice has been committed under s. 111.70 (3), the commission shall
require that the party filing the complaint pay the entire fee. If any party has paid
a filing fee requesting the commission to act as a mediator for a labor dispute and the
parties do not enter into a voluntary settlement of the dispute, the commission may
not subsequently assess or collect a filing fee to initiate fact-finding or arbitration
to resolve the same labor dispute. If any request for the performance of commission
actions concerns issues arising as a result of more than one unrelated event or
occurrence, each such separate event or occurrence shall be treated as is a separate
request. The commission shall promulgate rules establishing a schedule of filing fees
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SECTION 41 SENATE BILL 564
to be paid under this subsection. Fees required to be paid under this subsection shall
be paid at the time of filing the complaint or the request for fact-finding, mediation
or arbitration. A complaint or request for fact-finding, mediation or arbitration is
not filed until the date such the fee or fees are paid, except that the failure of the
respondent party to pay the filing fee for having the commission initiate compulsory,
final and binding arbitration under s. 111.70 (4) (cg) (cm) 6. or (jm) or 111.77 (3) may
not prohibit the commission from initiating such the arbitration. The commission
may initiate collection proceedings against the respondent party for the payment of
the filing fee. Fees collected under this subsection shall be credited to the
appropriation account under s. 20.425 (1) (i).
SECTION 42. 111.71 (4) of the statutes is created to read:
111.71 (4) The commission shall collect on a systematic basis information on
the operation of the arbitration law under s. 111.70 (4) (cm) and shall annually
submit a report on the opinion to the chief clerk of each house of the legislature for
distribution to the legislature under s. 13.172 (2).
SECTION 43. 111.71 (4m) of the statutes is repealed.
SECTION 44. 111.71 (5) of the statutes is created to read:
111.71 (5) The commission shall, on a regular basis, provide training programs
to prepare individuals to arbitrate under s. 111.70 (4) (cm). The commission shall
promote the programs to and recruit participation throughout the state, including
at least 10 residents of each congressional district. The commission may also provide
training programs to individuals and organizations on other aspects of collective
bargaining, including on areas of management and labor cooperation directly or
indirectly affecting collective bargaining. The commission may charge a reasonable
fee to participate in the programs.
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SECTION 45
SENATE BILL 564
SECTION 45. 111.71 (5m) of the statutes is repealed.
SECTION 46. 111.77 (9) of the statutes is amended to read:
111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) does not apply to employments
covered by this section.
SECTION 47. 111.81 (3n) of the statutes is repealed.
SECTION 48. 111.825 (5) of the statutes is amended to read:
111.825 (5) Although supervisors are not considered employees for purposes
of this subchapter, the commission may consider a petition for a statewide collective
bargaining unit of professional supervisors or a statewide unit of nonprofessional
supervisors in the classified service, but the representative of supervisors may not
be affiliated with any labor organization representing employees. For purposes of
this subsection, affiliation does not include membership in a national, state, county
or municipal federation of national or international labor organizations. The
certified representative of supervisors who are not public safety employees may not
bargain collectively with respect to any matter other than wages and conditions of
employment as provided in s. 111.91 (3), and the certified representative of
supervisors who are public safety employees may not bargain collectively with
respect to any matter other than wages and fringe benefits as provided in s. 111.91
(1).
SECTION 49. 111.83 (1) of the statutes is amended to read:
111.83 (1) Except as provided in sub. (5), a representative chosen for the
purposes of collective bargaining by at least 51 percent a majority of the general
employees voting in a collective bargaining unit shall be the exclusive representative
of all of the employees in such unit for the purposes of collective bargaining. A
representative chosen for the purposes of collective bargaining by a majority of the
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SECTION 49 SENATE BILL 564
public safety employees voting in a collective bargaining unit shall be the exclusive
representative of all of the employees in such unit for the purposes of collective
bargaining. Any individual employee, or any minority group of employees in any
collective bargaining unit, may present grievances to the employer in person, or
through representatives of their own choosing, and the employer shall confer with
the employee or group of employees in relation thereto if the majority representative
has been afforded the opportunity to be present at the conference. Any adjustment
resulting from such a conference may not be inconsistent with the conditions of
employment established by the majority representative and the employer.
SECTION 50. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
SECTION 51. 111.83 (3) (b) of the statutes is repealed.
SECTION 52. 111.83 (4) of the statutes is amended to read:
111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which
the name of more than one proposed representative appears on the ballot and results
in no conclusion, the commission may, if requested by any party to the proceeding
within 30 days from the date of the certification of the results of the election, conduct
a runoff election. In that runoff election, the commission shall drop from the ballot
the name of the representative who received the least number of votes at the original
election. The commission shall drop from the ballot the privilege of voting against
any representative if the least number of votes cast at the first election was against
representation by any named representative.
SECTION 53. 111.91 (3) (intro.) and (a) of the statutes are consolidated,
renumbered 111.91 (3) and amended to read:
111.91 (3) The employer is prohibited from bargaining with a collective
bargaining unit containing a general employee with respect to any of the following:
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SECTION 53
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(a) Any factor or condition hours of employment except wages, which includes only
total base wages and excludes any other compensation, which includes, but is not
limited to, overtime, premium pay, merit pay, performance pay, supplemental
compensation, pay schedules, and automatic pay progressions.
SECTION 54. 111.91 (3) (b) of the statutes is repealed.
SECTION 55. 111.91 (3q) of the statutes is repealed.
SECTION 56. 118.245 of the statutes is repealed.
SECTION 57. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12,
is amended to read:
119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124,
118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m),
(5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
(35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
applicable to a 1st class city school district and board but not, unless explicitly
provided in this chapter or in the terms of a contract, to the commissioner or to any
school transferred to an opportunity schools and partnership program.
SECTION 58. 120.12 (4m) of the statutes is repealed.
SECTION 59. 120.18 (1) (gm) of the statutes is amended to read:
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SECTION 59 SENATE BILL 564
120.18 (1) (gm) Payroll and related benefit costs for all school district
employees in the previous school year. Payroll costs Costs for represented employees
shall be based upon the costs of wages of any collective bargaining agreements
covering such employees for the previous school year. If, as of the time specified by
the department for filing the report, the school district has not entered into a
collective bargaining agreement for any portion of the previous school year with the
recognized or certified representative of any of its employees and the school district
and the representative have not submitted final offers, increased costs of wages,
limited to the lower of the school district's offer and the representative's offer, shall
be reflected in the report shall be equal to the maximum wage expenditure that is
subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The
school district shall amend the annual report to reflect any change in such costs as
a result of any collective bargaining agreement entered into between the date of
filing the report and October 1. Any such amendment shall be concurred in by the
certified public accountant licensed or certified under ch. 442 certifying the school
district audit.
SECTION 60. 851.71 (4) of the statutes is amended to read:
851.71 (4) In counties having a population of 750,000 or more, the appointment
under subs. (1) and (2) shall be made as provided in those subsections but the judges
shall not remove the register in probate and deputy registers, except through charges
for dismissal made and sustained under s. 63.10 or an applicable collective
bargaining agreement.
SECTION 61. 904.085 (2) (a) of the statutes is amended to read:
904.085 (2) (a) “Mediation" means mediation under s. 93.50 (3), conciliation
under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87,
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SECTION 61
SENATE BILL 564
mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
or s. 767.405, or any similar statutory, contractual or court-referred process
facilitating the voluntary resolution of disputes. “Mediation" does not include
binding arbitration or appraisal.
SECTION 62.0Initial applicability.
(1) This act first applies to an employee who is covered by a collective
bargaining agreement under subch. IV or V of ch. 111 that contains provisions
inconsistent with this act on the day on which the agreement expires or is
terminated, extended, modified, or renewed, whichever occurs first.
(END)
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