LRB-3844/1
CMH&RAC:kjf:nwn
2007 - 2008 LEGISLATURE
January 24, 2008 - Introduced by Representatives Richards, Berceau, Boyle,
Colon, Hahn, Hebl, Hintz, Hixson, Kaufert, Kreuser, Musser, Pocan,
Pope-Roberts, Sheridan, Sherman, Shilling, Sinicki, Smith, Soletski, Travis

and Turner, cosponsored by Senators Hansen, Vinehout, Coggs, Decker,
Erpenbach, Jauch, Kapanke, Lassa, Lehman, Miller, Plale, Sullivan, Taylor

and Wirch. Referred to Committee on Colleges and Universities.
AB726,1,10 1An Act to amend 7.33 (4), 13.111 (2), 16.50 (3) (e), 16.705 (3) (c), 19.82 (1), 19.85
2(3), 19.86, 20.425 (1) (a), 20.545 (1) (a), 20.865 (1) (ci), 20.865 (1) (ic), 20.865 (1)
3(si), 20.917 (3) (b), 20.923 (6) (intro.), 20.928 (1), 36.09 (1) (j), 40.02 (25) (b) 8.,
440.05 (1) (b), 40.05 (4) (ag) (intro.), 40.05 (4) (ar), 40.05 (4) (b), 40.05 (4) (bw),
540.05 (4g) (a) 4., 40.05 (5) (intro.), 40.05 (5) (b) 4., 40.05 (6) (a), 40.62 (2), 40.80
6(3), 40.81 (3), 40.95 (1) (a) 2., 230.01 (3), 230.046 (10) (a), 230.12 (3) (e) 1., 230.35
7(2d) (e), 230.35 (3) (e) 6. and 230.88 (2) (b); and to create 20.865 (1) (cm), 20.865
8(1) (im), 20.865 (1) (sm) and subchapter VI of chapter 111 of the statutes;
9relating to: collective bargaining process for University of Wisconsin System
10faculty and academic staff and making appropriations.
Analysis by the Legislative Reference Bureau
Under current law, faculty and academic staff of the University of Wisconsin
(UW) System do not have collective bargaining rights under the State Employment
Labor Relations Act (SELRA). This bill provides faculty and academic staff of the
UW System collective bargaining rights under state law in a manner similar to that
provided other state employees under SELRA.

This bill provides all UW System academic staff and all faculty, including
specifically faculty who are supervisors or managers, with the right to collectively
bargain over wages, hours, and conditions of employment. Collective bargaining
units are structured with separate units for faculty at each of the UW System
campuses and for academic staff at each of the UW System campuses. The bill also
provides that, if the employees approve by vote, any two or more units for faculty or
academic staff may be combined into a single unit. Representatives for each unit are
chosen by election.
Unfair labor practices for UW System academic staff and faculty collective
bargaining are generally the same as those under SELRA, except that the bill
specifically provides that it is not an unfair labor practice for the Board of Regents
of the UW System to implement changes in salaries or conditions of employment for
members of the faculty or academic staff at one UW institution and not for such
persons at other UW institutions if certain conditions are met. The bill specifically
authorizes fair-share and maintenance of membership agreements for UW
academic staff and faculty collective bargaining, as is the case under SELRA. The
bill also prohibits strikes.
Under the bill, the subjects of collective bargaining are the same as under
SELRA, except that collective bargaining is prohibited on the mission and goals of
the Board of Regents of the UW System; the diminution of the right of tenure
provided faculty; the rights granted faculty and academic staff under current law;
and academic freedom. Finally, under the bill, collective bargaining agreements
covering UW faculty and academic staff must be approved by the Joint Committee
on Employment Relations and adopted by the legislature.
For further information see the state 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:
AB726, s. 1 1Section 1. 7.33 (4) of the statutes is amended to read:
AB726,3,32 7.33 (4) Except as otherwise provided in this subsection, each local
3governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon
4proper application under sub. (3), permit each of its employees to serve as an election
5official under s. 7.30 without loss of fringe benefits or seniority privileges earned for
6scheduled working hours during the period specified in sub. (3), without loss of pay
7for scheduled working hours during the period specified in sub. (3) except as provided
8in sub. (5), and without any other penalty. For employees who are included in a

1collective bargaining unit for which a representative is recognized or certified under
2subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a
3collective bargaining agreement.
AB726, s. 2 4Section 2. 13.111 (2) of the statutes is amended to read:
AB726,3,75 13.111 (2) Duties. The joint committee on employment relations shall perform
6the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch.
7230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, 20.923 and 40.05 (1) (b).
AB726, s. 3 8Section 3. 16.50 (3) (e) of the statutes is amended to read:
AB726,3,119 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within
10the pay ranges prescribed in the compensation plan or as provided in a collective
11bargaining agreement under subch. V or VI of ch. 111.
AB726, s. 4 12Section 4. 16.705 (3) (c) of the statutes is amended to read:
AB726,3,1413 16.705 (3) (c) Do not enter into any contract for contractual services in conflict
14with any collective bargaining agreement under subch. V or VI of ch. 111.
AB726, s. 5 15Section 5. 19.82 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is
16amended to read:
AB726,3,2517 19.82 (1) "Governmental body" means a state or local agency, board,
18commission, committee, council, department or public body corporate and politic
19created by constitution, statute, ordinance, rule or order; a governmental or
20quasi-governmental corporation except for the Bradley center sports and
21entertainment corporation; a local exposition district under subch. II of ch. 229; a
22long-term care district under s. 46.2895; or a formally constituted subunit of any of
23the foregoing, but excludes any such body or committee or subunit of such body which
24is formed for or meeting for the purpose of collective bargaining under subch. I, IV
25or, V, or VI of ch. 111.
AB726, s. 6
1Section 6. 19.85 (3) of the statutes is amended to read:
AB726,4,52 19.85 (3) Nothing in this subchapter shall be construed to authorize a
3governmental body to consider at a meeting in closed session the final ratification or
4approval of a collective bargaining agreement under subch. I, IV or, V, or VI of ch. 111
5which has been negotiated by such body or on its behalf.
AB726, s. 7 6Section 7. 19.86 of the statutes, as affected by 2007 Wisconsin Act 20, is
7amended to read:
AB726,4,13 819.86 Notice of collective bargaining negotiations. Notwithstanding s.
919.82 (1), where notice has been given by either party to a collective bargaining
10agreement under subch. I, IV or, V, or VI of ch. 111 to reopen such agreement at its
11expiration date, the employer shall give notice of such contract reopening as provided
12in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given
13by the employer's chief officer or such person's designee.
AB726, s. 8 14Section 8. 20.425 (1) (a) of the statutes is amended to read:
AB726,4,1615 20.425 (1) (a) General program operations. The amounts in the schedule for
16the purposes provided in subchs. I, IV and, V, and VI of ch. 111 and s. 230.45 (1).
AB726, s. 9 17Section 9. 20.545 (1) (a) of the statutes is amended to read:
AB726,4,2118 20.545 (1) (a) General program operations. The amounts in the schedule to
19administer the employment relations functions and the civil service system under
20subch. subchs. V and VI of ch. 111 and ch. 230, to pay awards under s. 230.48 and to
21defray the expenses of the state employees suggestion board.
AB726, s. 10 22Section 10. 20.865 (1) (ci) of the statutes is amended to read:
AB726,5,423 20.865 (1) (ci) Nonrepresented university system senior executive, faculty and
24academic pay adjustments.
A sum sufficient to pay the cost of pay and related
25adjustments approved by the joint committee on employment relations under s.

1230.12 (3) (e) for University of Wisconsin System employees under ss. 20.923 (4g), (5)
2and (6) (m) and 230.08 (2) (d) who are not included within a collective bargaining unit
3for which a representative is certified under subch. V or VI of ch. 111, as determined
4under s. 20.928, other than adjustments funded under par. (cj).
AB726, s. 11 5Section 11. 20.865 (1) (cm) of the statutes is created to read:
AB726,5,126 20.865 (1) (cm) Represented university faculty and academic staff pay
7adjustments.
A sum sufficient to supplement the appropriations to the Board of
8Regents of the University of Wisconsin System for the cost of compensation and
9related adjustments approved by the legislature under s. 111.9991 for University of
10Wisconsin System employees under s. 230.08 (2) (d) who are included within a
11collective bargaining unit for which a representative is certified under subch. VI of
12ch. 111, as determined under s. 20.928.
AB726, s. 12 13Section 12. 20.865 (1) (ic) of the statutes is amended to read:
AB726,5,2214 20.865 (1) (ic) Nonrepresented university system senior executive, faculty and
15academic pay adjustments.
From the appropriate program revenue and program
16revenue-service accounts, a sum sufficient to supplement the appropriations to the
17University of Wisconsin System to pay the cost of pay and related adjustments
18approved by the joint committee on employment relations under s. 230.12 (3) (e) for
19University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and
20230.08 (2) (d) who are not included within a collective bargaining unit for which a
21representative is certified under subch. V or VI of ch. 111, as determined under s.
2220.928, other than adjustments funded under par. (cj).
AB726, s. 13 23Section 13. 20.865 (1) (im) of the statutes is created to read:
AB726,6,624 20.865 (1) (im) Represented university system faculty and academic staff pay
25adjustments; program revenue.
From the appropriate program revenue and program

1revenue-service accounts, a sum sufficient to supplement the appropriations to the
2Board of Regents of the University of Wisconsin System for the cost of compensation
3and related adjustments approved by the joint committee on employment relations
4under s. 230.12 (3) (e) for University of Wisconsin System employees under s. 230.08
5(2) (d) who are included within a collective bargaining unit for which a representative
6is certified under subch. VI of ch. 111, as determined under s. 20.928.
AB726, s. 14 7Section 14. 20.865 (1) (si) of the statutes is amended to read:
AB726,6,158 20.865 (1) (si) Nonrepresented university system senior executive, faculty and
9academic pay adjustments.
From the appropriate segregated funds, a sum sufficient
10to supplement the appropriations to the University of Wisconsin System to pay the
11cost of pay and related adjustments approved by the joint committee on employment
12relations under s. 230.12 (3) (e) for University of Wisconsin System employees under
13ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included within a
14collective bargaining unit for which a representative is certified under subch. V or
15VI
of ch. 111, as determined under s. 20.928.
AB726, s. 15 16Section 15. 20.865 (1) (sm) of the statutes is created to read:
AB726,6,2417 20.865 (1) (sm) Represented university faculty and academic staff pay
18adjustments; segregated revenues.
From the appropriate segregated funds, a sum
19sufficient to supplement the appropriations to the Board of Regents of the University
20of Wisconsin System for the cost of compensation and related adjustments approved
21by the joint committee on employment relations under s. 230.12 (3) (e) for University
22of Wisconsin System employees under s. 230.08 (2) (d) who are included within a
23collective bargaining unit for which a representative is certified under subch. VI of
24ch. 111, as determined under s. 20.928.
AB726, s. 16 25Section 16. 20.917 (3) (b) of the statutes is amended to read:
AB726,7,4
120.917 (3) (b) This subsection applies to employees in all positions in the civil
2service, including those employees in positions included in collective bargaining
3units under subch. V or VI of ch. 111, whether or not the employees are covered by
4a collective bargaining agreement.
AB726, s. 17 5Section 17. 20.923 (6) (intro.) of the statutes is amended to read:
AB726,7,106 20.923 (6) Salaries set by appointing authorities. (intro.) Salaries for the
7following positions may be set by the appointing authority, subject to restrictions
8otherwise set forth in the statutes and the compensation plan under s. 230.12, except
9where the salaries are a subject of bargaining with a certified representative of a
10collective bargaining unit under s. 111.91 or 111.998:
AB726, s. 18 11Section 18. 20.928 (1) of the statutes is amended to read:
AB726,7,1812 20.928 (1) Each state agency head shall certify to the department of
13administration, at such time and in such manner as the secretary of administration
14prescribes, the sum of money needed by the state agency from the appropriations
15under s. 20.865 (1) (c), (ci), (cm), (cj), (d), (i), (ic), (im), (j), (s), (si), (sm), and (t). Upon
16receipt of the certifications together with such additional information as the
17secretary of administration prescribes, the secretary shall determine the amounts
18required from the respective appropriations to supplement state agency budgets.
AB726, s. 19 19Section 19. 36.09 (1) (j) of the statutes is amended to read:
AB726,8,2420 36.09 (1) (j) Except where such matters are a subject of bargaining with a
21certified representative of a collective bargaining unit under s. 111.91 or 111.998, the
22board shall establish salaries for persons not in the classified staff prior to July 1 of
23each year for the next fiscal year, and shall designate the effective dates for payment
24of the new salaries. In the first year of the biennium, payments of the salaries
25established for the preceding year shall be continued until the biennial budget bill

1is enacted. If the budget is enacted after July 1, payments shall be made following
2enactment of the budget to satisfy the obligations incurred on the effective dates, as
3designated by the board, for the new salaries, subject only to the appropriation of
4funds by the legislature and s. 20.928 (3). This paragraph does not limit the
5authority of the board to establish salaries for new appointments. The board may
6not increase the salaries of employees specified in ss. 20.923 (5) and (6) (m) and
7230.08 (2) (d) under this paragraph unless the salary increase conforms to the
8proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary
9increase to correct salary inequities under par. (h), to fund job reclassifications or
10promotions, or to recognize competitive factors. The board may not increase the
11salary of any position identified in s. 20.923 (4g) under this paragraph unless the
12salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the
13board authorizes the salary increase to correct a salary inequity or to recognize
14competitive factors. The board may not increase the salary of any position identified
15in s. 20.923 (4g) (ae) and (am) to correct a salary inequity that results from the
16appointment of a person to a position identified in s. 20.923 (4g) (ae) and (am) unless
17the increase is approved by the office of state employment relations. The granting
18of salary increases to recognize competitive factors does not obligate inclusion of the
19annualized amount of the increases in the appropriations under s. 20.285 (1) for
20subsequent fiscal bienniums. No later than October 1 of each year, the board shall
21report to the joint committee on finance and the secretary of administration and
22director of the office of state employment relations concerning the amounts of any
23salary increases granted to recognize competitive factors, and the institutions at
24which they are granted, for the 12-month period ending on the preceding June 30.
AB726, s. 20 25Section 20. 40.02 (25) (b) 8. of the statutes is amended to read:
AB726,9,3
140.02 (25) (b) 8. Any other state employee for whom coverage is authorized
2under a collective bargaining agreement pursuant to subch. I or, V, or VI of ch. 111
3or under s. 230.12 or 233.10.
AB726, s. 21 4Section 21. 40.05 (1) (b) of the statutes is amended to read:
AB726,9,255 40.05 (1) (b) In lieu of employee payment, the employer may pay all or part of
6the contributions required by par. (a), but all the payments shall be available for
7benefit purposes to the same extent as required contributions deducted from
8earnings of the participating employees. Action to assume employee contributions
9as provided under this paragraph shall be taken at the time and in the form
10determined by the governing body of the participating employer. The state shall pay
11under this paragraph for employees who are covered by a collective bargaining
12agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits
13are determined under s. 230.12 an amount equal to 4% 4 percent of the earnings paid
14by the state unless otherwise provided in a collective bargaining agreement under
15subch. V or VI of ch. 111 or unless otherwise determined under s. 230.12. The
16University of Wisconsin Hospitals and Clinics Authority shall pay under this
17paragraph for employees who are covered by a collective bargaining agreement
18under subch. I of ch. 111 and for employees whose fringe benefits are determined
19under s. 233.10 an amount equal to 4% 4 percent of the earnings paid by the authority
20unless otherwise provided in a collective bargaining agreement under subch. I of ch.
21111 or unless otherwise determined under s. 233.10. The state shall pay under this
22paragraph for employees who are not covered by a collective bargaining agreement
23under subch. V or VI of ch. 111 and for employees whose fringe benefits are not
24determined under s. 230.12 an amount equal to 4% 4 percent of the earnings paid by
25the state unless a different amount is recommended by the director of the office of

1state employment relations and approved by the joint committee on employment
2relations in the manner provided for approval of changes in the compensation plan
3under s. 230.12 (3). The University of Wisconsin Hospitals and Clinics Authority
4shall pay under this paragraph for its employees who are not covered by a collective
5bargaining agreement under subch. I of ch. 111 an amount equal to 4% 4 percent of
6the earnings paid by the authority unless a different amount is established by the
7board of directors of the authority under s. 233.10.
AB726, s. 22 8Section 22. 40.05 (4) (ag) (intro.) of the statutes is amended to read:
AB726,10,129 40.05 (4) (ag) (intro.) Beginning on January 1, 2004, except as otherwise
10provided in accordance with a collective bargaining agreement under subch. I or, V,
11or VI
of ch. 111 or s. 230.12 or 233.10, the employer shall pay for its currently
12employed insured employees:
AB726, s. 23 13Section 23. 40.05 (4) (ar) of the statutes is amended to read:
AB726,10,2114 40.05 (4) (ar) The employer shall pay under par. (a) for employees who are not
15covered by a collective bargaining agreement under subch. I or, V, or VI of ch. 111 and
16for employees whose health insurance premium contribution rates are not
17determined under s. 230.12 or 233.10 an amount equal to the amount specified in par.
18(ag) unless a different amount is recommended by the director of the office of state
19employment relations and approved by the joint committee on employment relations
20in the manner provided for approval of changes in the compensation plan under s.
21230.12 (3).
AB726, s. 24 22Section 24. 40.05 (4) (b) of the statutes is amended to read:
AB726,12,523 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused
24sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, and 757.02 (5) and subch.
25I or, V, or VI of ch. 111 of any eligible employee shall, at the time of death, upon

1qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1)
2or upon termination of creditable service and qualifying as an eligible employee
3under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate
4he or she received while employed by the state, to credits for payment of health
5insurance premiums on behalf of the employee or the employee's surviving insured
6dependents. Any supplemental compensation that is paid to a state employee who
7is classified under the state classified civil service as a teacher, teacher supervisor,
8or education director for the employee's completion of educational courses that have
9been approved by the employee's employer is considered as part of the employee's
10basic pay for purposes of this paragraph. The full premium for any eligible employee
11who is insured at the time of retirement, or for the surviving insured dependents of
12an eligible employee who is deceased, shall be deducted from the credits until the
13credits are exhausted and paid from the account under s. 40.04 (10), and then
14deducted from annuity payments, if the annuity is sufficient. The department shall
15provide for the direct payment of premiums by the insured to the insurer if the
16premium to be withheld exceeds the annuity payment. Upon conversion of an
17employee's unused sick leave to credits under this paragraph or par. (bf), the
18employee or, if the employee is deceased, the employee's surviving insured
19dependents may initiate deductions from those credits or may elect to delay
20initiation of deductions from those credits, but only if the employee or surviving
21insured dependents are covered by a comparable health insurance plan or policy
22during the period beginning on the date of the conversion and ending on the date on
23which the employee or surviving insured dependents later elect to initiate
24deductions from those credits. If an employee or an employee's surviving insured
25dependents elect to delay initiation of deductions from those credits, an employee or

1the employee's surviving insured dependents may only later elect to initiate
2deductions from those credits during the annual enrollment period under par. (be).
3A health insurance plan or policy is considered comparable if it provides hospital and
4medical benefits that are substantially equivalent to the standard health insurance
5plan established under s. 40.52 (1).
AB726, s. 25 6Section 25. 40.05 (4) (bw) of the statutes is amended to read:
AB726,12,177 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the
8payment of health insurance premiums under par. (b), the department shall add
9additional credits, calculated in the same manner as are credits under par. (b), that
10are based on a state employee's accumulated sabbatical leave or earned vacation
11leave from the state employee's last year of service prior to retirement, or both. The
12department shall apply the credits awarded under this paragraph for the payment
13of health insurance premiums only after the credits awarded under par. (b) are
14exhausted. This paragraph applies only to state employees who are eligible for
15accumulated unused sick leave conversion under par. (b) and who are entitled to the
16benefits under this paragraph pursuant to a collective bargaining agreement under
17subch. V or VI of ch. 111.
AB726, s. 26 18Section 26. 40.05 (4g) (a) 4. of the statutes is amended to read:
AB726,12,2319 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
20or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111
21or under rules promulgated by the director of the office of state employment relations
22or is eligible for reemployment with the state under s. 21.79 after completion of his
23or her service in the U.S. armed forces.
AB726, s. 27 24Section 27. 40.05 (5) (intro.) of the statutes is amended to read:
AB726,13,5
140.05 (5) Income continuation insurance premiums. (intro.) For the income
2continuation insurance provided under subch. V the employee shall pay the amount
3remaining after the employer has contributed the following or, if different, the
4amount determined under a collective bargaining agreement under subch. I or, V, or
5VI
of ch. 111 or s. 230.12 or 233.10:
AB726, s. 28 6Section 28. 40.05 (5) (b) 4. of the statutes is amended to read:
AB726,13,97 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in
8accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and subch. I
9or, V, or VI of ch. 111.
AB726, s. 29 10Section 29. 40.05 (6) (a) of the statutes is amended to read:
AB726,13,1811 40.05 (6) (a) Except as otherwise provided in accordance with a collective
12bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10, each
13insured employee under the age of 70 and annuitant under the age of 65 shall pay
14for group life insurance coverage a sum, approved by the group insurance board,
15which shall not exceed 60 cents monthly for each $1,000 of group life insurance,
16based upon the last amount of insurance in force during the month for which
17earnings are paid. The equivalent premium may be fixed by the group insurance
18board if the annual compensation is paid in other than 12 monthly installments.
AB726, s. 30 19Section 30. 40.62 (2) of the statutes is amended to read:
AB726,13,2220 40.62 (2) Sick leave accumulation shall be determined in accordance with rules
21of the department, any collective bargaining agreement under subch. I or, V, or VI
22of ch. 111, and ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 757.02 (5) and 978.12 (3).
AB726, s. 31 23Section 31. 40.80 (3) of the statutes is amended to read:
AB726,13,2524 40.80 (3) Any action taken under this section shall apply to employees covered
25by a collective bargaining agreement under subch. V or VI of ch. 111.
AB726, s. 32
1Section 32. 40.81 (3) of the statutes is amended to read:
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, s. 33 4Section 33. 40.95 (1) (a) 2. of the statutes is amended to read:
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.
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