AB726,14,32 40.81 (3) Any action taken under this section shall apply to employees covered
3by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.

AB726,14,65 40.95 (1) (a) 2. The employee has his or her compensation established in a
6collective bargaining agreement under subch. V or VI of ch. 111.

AB726,14,17 14111.95 Declaration of policy. The public policy of the state as to labor
15relations and collective bargaining involving faculty and academic staff at the
16University of Wisconsin System, in furtherance of which this subchapter is enacted,
17is as follows:

AB726,14,20 18(1) The people of the state of Wisconsin have a fundamental interest in
19developing harmonious and cooperative labor relations within the University of
20Wisconsin System.

AB726,14,24 21(2) It recognizes that there are 3 major interests involved: that of the public,
22that of the employee, and that of the employer. These 3 interests are to a considerable
23extent interrelated. It is the policy of this state to protect and promote each of these
24interests with due regard to the rights of the others.

AB726,14,25 25111.96 Definitions. In this subchapter:

AB726,15,3

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1(1) "Academic staff" has the meaning given under s. 36.05 (1), but does not
2include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who
3is appointed to a visiting faculty position.

AB726,15,4 4(2) "Board" means the Board of Regents of the University of Wisconsin System.

AB726,15,12 5(3) "Collective bargaining" means the performance of the mutual obligation of
6the state as an employer, by its officers and agents, and the representatives of its
7employees, to meet and confer at reasonable times, in good faith, with respect to the
8subjects of bargaining provided in s. 111.998 with the intention of reaching an
9agreement, or to resolve questions arising under such an agreement. The duty to
10bargain, however, does not compel either party to agree to a proposal or require the
11making of a concession. Collective bargaining includes the reduction of any
12agreement reached to a written and signed document.

AB726,15,13 13(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).

AB726,15,14 14(5) "Commission" means the employment relations commission.

AB726,15,17 15(6) "Election" means a proceeding conducted by the commission in which the
16employees in a collective bargaining unit cast a secret ballot for collective bargaining
17representatives, or for any other purpose specified in this subchapter.

AB726,15,18 18(7) "Employee" includes:

AB726,15,2119 (a) All faculty, including specifically faculty who are supervisors or
20management employees, but not including faculty holding a limited appointment
21under s. 36.17 or deans.

AB726,15,2422 (b) All academic staff, except for supervisors, management employees, and
23individuals who are privy to confidential matters affecting the employer-employee
24relationship.

AB726,15,25 25(8) "Employer" means the state of Wisconsin.

AB726,16,2

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1(9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual
2holding an appointment under s. 36.15 (1), (2), (2m), or (3).

AB726,16,7 3(10) "Fair-share agreement" means an agreement between the employer and
4a labor organization representing employees under which all of the employees in a
5collective bargaining unit are required to pay their proportionate share of the cost
6of the collective bargaining process and contract administration measured by the
7amount of dues uniformly required of all members.

AB726,16,8 8(11) "Institution" has the meaning given in s. 36.05 (9).

AB726,16,10 9(12) "Labor dispute" means any controversy with respect to the subjects of
10bargaining provided in this subchapter.

AB726,16,14 11(13) "Labor organization" means any employee organization whose purpose is
12to represent employees in collective bargaining with the employer, or its agents, on
13matters pertaining to terms and conditions of employment, but does not include any
14organization that does any of the following:

AB726,16,1615 (a) Advocates the overthrow of the constitutional form of government in the
16United States.

AB726,16,1817 (b) Discriminates with regard to the terms or conditions of membership
18because of race, color, creed, sex, age, sexual orientation, or national origin.

AB726,16,25 19(14) "Maintenance of membership agreement" means an agreement between
20the employer and a labor organization representing employees that requires that all
21of the employees whose dues are being deducted from earnings under s. 20.921 (1)
22or 111.992 at or after the time the agreement takes effect shall continue to have dues
23deducted for the duration of the agreement and that dues shall be deducted from the
24earnings of all employees who are hired on or after the effective date of the
25agreement.

AB726,17,2

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1(15) "Management employees" include those personnel engaged
2predominately in executive and managerial functions.

AB726,17,4 3(16) "Office" means the office of state employment relations in the department
4of administration.

AB726,17,9 5(17) "Referendum" means a proceeding conducted by the commission in which
6employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
7may cast a secret ballot on the question of directing the labor organization and the
8employer to enter into a fair-share or maintenance of membership agreement or to
9terminate such an agreement.

AB726,17,11 10(18) "Representative" includes any person chosen by an employee to represent
11the employee.

AB726,17,15 12(19) "Strike" includes any strike or other concerted stoppage of work by
13employees, any concerted slowdown or other concerted interruption of operations or
14services by employees, or any concerted refusal to work or perform their usual duties
15as employees of the state.

AB726,17,21 16(20) "Supervisor" means any individual whose principal work is different from
17that of the individual's subordinates and who has authority, in the interest of the
18employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
19reward or discipline employees, or to adjust their grievances, or to authoritatively
20recommend such action, if the individual's exercise of such authority is not of a
21merely routine or clerical nature, but requires the use of independent judgment.

AB726,17,23 22(21) "Unfair labor practice" means any unfair labor practice specified in s.
23111.991.

AB726,18,7 24111.965 Duties of the state. (1) In the furtherance of this subchapter, the
25state shall be considered as a single employer. The board shall negotiate and

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1administer collective bargaining agreements. To coordinate the employer position
2in the negotiation of agreements, the board shall maintain close liaison with the
3legislature and the office relative to the negotiation of agreements and the fiscal
4ramifications of those agreements. The board shall coordinate its collective
5bargaining activities with the office. The legislative branch shall act upon those
6portions of tentative agreements negotiated by the board that require legislative
7action.

AB726,18,10 8(2) The board shall establish a collective bargaining capacity and shall
9represent the state in its responsibility as an employer under this subchapter. The
10board shall coordinate its actions with the director of the office.

AB726,18,16 11111.97 Rights of employees. Employees shall have the right of
12self-organization and the right to form, join, or assist labor organizations, to bargain
13collectively through representatives of their own choosing under this subchapter,
14and to engage in lawful, concerted activities for the purpose of collective bargaining
15or other mutual aid or protection. Employees shall also have the right to refrain from
16any such activities.

AB726,18,19 17111.98 Collective bargaining units. (1) Collective bargaining units for
18faculty and staff in the unclassified service of the state shall be structured with a
19collective bargaining unit for each of the following groups:

AB726,18,2020 (a) Faculty of the University of Wisconsin-Madison.

AB726,18,2121 (am) Faculty of the University of Wisconsin-Milwaukee.

AB726,18,2222 (b) Faculty of the University of Wisconsin-Extension.

AB726,18,2323 (bm) Faculty of the University of Wisconsin-Eau Claire.

AB726,18,2424 (c) Faculty of the University of Wisconsin-Green Bay.

AB726,18,2525 (cm) Faculty of the University of Wisconsin-La Crosse.

AB726,19,1

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1(d) Faculty of the University of Wisconsin-Oshkosh.

AB726,19,22 (dm) Faculty of the University of Wisconsin-Parkside.

AB726,19,33 (e) Faculty of the University of Wisconsin-Platteville.

AB726,19,44 (em) Faculty of the University of Wisconsin-River Falls.

AB726,19,55 (f) Faculty of the University of Wisconsin-Stevens Point.

AB726,19,66 (fm) Faculty of the University of Wisconsin-Stout.

AB726,19,77 (g) Faculty of the University of Wisconsin-Superior.

AB726,19,88 (gm) Faculty of the University of Wisconsin-Whitewater.

AB726,19,99 (h) Faculty of the University of Wisconsin Colleges.

AB726,19,1010 (i) Academic staff of the University of Wisconsin-Madison.

AB726,19,1111 (im) Academic staff of the University of Wisconsin-Milwaukee.

AB726,19,1212 (j) Academic staff of the University of Wisconsin-Extension.

AB726,19,1313 (jm) Academic staff of the University of Wisconsin-Eau Claire.

AB726,19,1414 (k) Academic staff of the University of Wisconsin-Green Bay.

AB726,19,1515 (km) Academic staff of the University of Wisconsin-La Crosse.

AB726,19,1616 (L) Academic staff of the University of Wisconsin-Oshkosh.

AB726,19,1717 (Lm) Academic staff of the University of Wisconsin-Parkside.

AB726,19,1818 (m) Academic staff of the University of Wisconsin-Platteville.

AB726,19,1919 (mm) Academic staff of the University of Wisconsin-River Falls.

AB726,19,2020 (n) Academic staff of the University of Wisconsin-Stevens Point.

AB726,19,2121 (nm) Academic staff of the University of Wisconsin-Stout.

AB726,19,2222 (o) Academic staff of the University of Wisconsin-Superior.

AB726,19,2323 (op) Academic staff of the University of Wisconsin-Whitewater.

AB726,19,2424 (p) Academic staff of the University of Wisconsin Colleges.

AB726,20,13

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1(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
2under sub. (1) (a) to (p) may be combined into a single unit. If 2 or more collective
3bargaining units seek to combine into a single collective bargaining unit, the
4commission shall, upon the petition of at least 30 percent of the employees in each
5unit, hold an election to determine whether a majority of those employees voting in
6each unit desire to combine into a single unit. A combined collective bargaining unit
7shall be formed including all employees from each of those units in which a majority
8of the employees voting in the election approve a combined unit. The combined
9collective bargaining unit shall be formed immediately if there is no existing
10collective bargaining agreement in force in any of the units to be combined. If there
11is a collective bargaining agreement in force at the time of the election in any of the
12collective bargaining units to be combined, the combined unit shall be formed upon
13expiration of the last agreement for the units concerned.

AB726,21,214 (b) If 2 or more collective bargaining units have combined under par. (a), the
15commission shall, upon petition of at least 30 percent of the employees in any of the
16original units, hold an election of the employees in the original unit to determine
17whether the employees in that unit desire to withdraw from the combined collective
18bargaining unit. If a majority of the employees voting desire to withdraw from the
19combined collective bargaining unit, separate units consisting of the unit in which
20the election was held and a unit composed of the remainder of the combined unit shall
21be formed. The new collective bargaining units shall be formed immediately if there
22is no collective bargaining agreement in force for the combined unit. If there is a
23collective bargaining agreement in force for the combined collective bargaining unit,
24the new units shall be formed upon the expiration of the agreement. While there is
25a collective bargaining agreement in force for the combined collective bargaining

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1unit, a petition for an election under this paragraph may be filed only during October
2in the calendar year prior to the expiration of the agreement.

AB726,21,4 3(3) The commission shall assign employees to the appropriate collective
4bargaining units described under sub. (1) or (2).

AB726,21,12 5(4) Any labor organization may petition for recognition as the exclusive
6representative of a collective bargaining unit described under sub. (1) or (2) in
7accordance with the election procedures under s. 111.990 if the petition is
8accompanied by a 30 percent showing of interest in the form of signed authorization
9cards. Any additional labor organization seeking to appear on the ballot shall file a
10petition within 60 days of the date of filing of the original petition and prove, through
11signed authorization cards, that at least 10 percent of the employees in the collective
12bargaining unit want it to be their representative.

AB726,21,21 13(5) Although academic staff supervisors are not considered employees for the
14purpose of this subchapter, the commission may consider a petition for a statewide
15collective bargaining unit consisting of academic staff supervisors, but the
16representative of the supervisors may not be affiliated with any labor organization
17representing employees. For purposes of this subsection, affiliation does not include
18membership in a national, state, county, or municipal federation of national or
19international labor organizations. The certified representative of the supervisors
20may not bargain collectively with respect to any matter other than wages and fringe
21benefits.

AB726,22,7 22111.990 Representatives and elections. (1) A representative chosen for the
23purposes of collective bargaining by a majority of the employees voting in a collective
24bargaining unit shall be the exclusive representative of all of the employees in such
25unit for the purposes of collective bargaining. Any individual employee, or any

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1minority group of employees in any collective bargaining unit, may present any
2grievance to the employer in person, or through representatives of their own
3choosing, and the employer shall confer with the individual employee or group of
4employees with respect to the grievance if the majority representative has been
5afforded the opportunity to be present at the conference. Any adjustment resulting
6from such a conference may not be inconsistent with the conditions of employment
7established by the majority representative and the employer.

AB726,23,9 8(2) Whenever a question arises concerning the representation of employees in
9a collective bargaining unit, the commission shall determine the representation by
10taking a secret ballot of the employees and certifying in writing the results to the
11interested parties and to the board. There shall be included on any ballot for the
12election of representatives the names of all labor organizations having an interest
13in representing the employees participating in the election as indicated in petitions
14filed with the commission. The name of any existing representative shall be included
15on the ballot without the necessity of filing a petition. The commission may exclude
16from the ballot one who, at the time of the election, stands deprived of his or her rights
17under this subchapter by reason of a prior adjudication of his or her having engaged
18in an unfair labor practice. The ballot shall be so prepared as to permit a vote against
19representation by anyone named on the ballot. For elections in a collective
20bargaining unit composed of employees who are members of the faculty or academic
21staff, whenever more than one representative qualifies to appear on the ballot, the
22ballot shall be prepared to provide separate votes on 2 questions. The first question
23shall be: "Shall the employees of the ... (name of collective bargaining unit)
24participate in collective bargaining?". The 2nd question shall be: "If the employees
25of the ... (name of collective bargaining unit) elect to participate in collective

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1bargaining, which labor organization do you favor to act as representative of the
2employees?". The 2nd question shall not include a choice for no representative. All
3employees in the collective bargaining unit may vote on both questions. Unless a
4majority of those employees voting in the election vote to participate in collective
5bargaining, no votes for a particular representative may be counted. If a majority
6of those employees voting in the election vote to participate in collective bargaining,
7the ballots for representatives shall be counted. The commission's certification of the
8results of any election is conclusive as to the findings included therein unless
9reviewed under s. 111.07 (8).

AB726,23,16 10(3) Whenever an election has been conducted under sub. (2) in which a majority
11of the employees voting indicate a desire to participate in collective bargaining but
12in which no named representative is favored by a majority of the employees voting,
13the commission may, if requested by a party to the proceeding within 30 days from
14the date of the certification of the results of the election, conduct a runoff election.
15In that runoff election, the commission shall drop from the ballot the name of the
16representative who received the least number of votes at the original election.

AB726,24,4 17(4) While a collective bargaining agreement between a labor organization and
18an employer is in force under this subchapter, a petition for an election in the
19collective bargaining unit to which the agreement applies may only be filed during
20October in the calendar year prior to the expiration of that agreement. An election
21held under that petition may be held only if the petition is supported by proof that
22at least 30 percent of the employees in the collective bargaining unit desire a change
23or discontinuance of existing representation. Within 60 days of the time that an
24original petition is filed, another petition may be filed supported by proof that at least
2510 percent of the employees in the same collective bargaining unit desire a different

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1representative. If a majority of the employees in the collective bargaining unit vote
2for a change or discontinuance of representation by any named representative, the
3decision takes effect upon expiration of any existing collective bargaining agreement
4between the employer and the existing representative.

AB726,24,6 5111.991 Unfair labor practices. (1) It is an unfair labor practice for an
6employer individually or in concert with others:

AB726,24,87 (a) To interfere with, restrain, or coerce employees in the exercise of their rights
8guaranteed under s. 111.97.

AB726,24,219 (b) Except as otherwise provided in this paragraph, to initiate, create,
10dominate, or interfere with the formation or administration of any labor or employee
11organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
12(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
13System under ch. 40 and no action by the employer that is authorized by such a law
14is a violation of this paragraph unless an applicable collective bargaining agreement
15specifically prohibits the change or action. No such change or action affects the
16continuing duty to bargain collectively regarding the Wisconsin Retirement System
17under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
18for the employer to reimburse an employee at his or her prevailing wage rate for the
19time spent during the employee's regularly scheduled hours conferring with the
20employer's officers or agents and for attendance at commission or court hearings
21necessary for the administration of this subchapter.

AB726,24,2522 (c) To encourage or discourage membership in any labor organization by
23discrimination in regard to hiring, tenure, or other terms or conditions of
24employment. This paragraph does not apply to fair-share or maintenance of
25membership agreements.

AB726,25,10

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1(d) To refuse to bargain collectively on matters set forth in s. 111.998 with a
2representative of a majority of its employees in an appropriate collective bargaining
3unit. Whenever the employer has a good faith doubt as to whether a labor
4organization claiming the support of a majority of its employees in an appropriate
5collective bargaining unit does in fact have that support, it may file with the
6commission a petition requesting an election as to that claim. The employer is not
7considered to have refused to bargain until an election has been held and the results
8of the election are certified to the employer by the commission. A violation of this
9paragraph includes the refusal to execute a collective bargaining agreement
10previously orally agreed upon.

AB726,25,1511 (e) To violate any collective bargaining agreement previously agreed upon by
12the parties with respect to wages, hours, and conditions of employment affecting the
13employees, including an agreement to arbitrate or to accept the terms of an
14arbitration award, when previously the parties have agreed to accept such award as
15final and binding upon them.

AB726,25,2316 (f) To deduct labor organization dues from an employee's earnings, unless the
17employer has been presented with an individual order therefor, signed by the
18employee personally, and terminable by at least the end of any year of its life or
19earlier by the employee giving at least 30 but not more than 120 days written notice
20of such termination to the employer and to the representative labor organization,
21except if there is a fair-share or maintenance of membership agreement in effect.
22The employer shall give notice to the labor organization of receipt of such notice of
23termination.

AB726,26,5 24(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
25to implement changes in salaries or conditions of employment for members of the

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1faculty or academic staff at one institution, and not for other members of the faculty
2or academic staff at another institution, but this may be done only if the differential
3treatment is based on comparisons with the compensation and working conditions
4of employees performing similar services for comparable higher education
5institutions or based upon other competitive factors.

AB726,26,6 6(2) It is unfair practice for an employee individually or in concert with others: