SB353,12,2010 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the
11payment of health insurance premiums under par. (b), the department shall add
12additional credits, calculated in the same manner as are credits under par. (b), that
13are based on a state employee's accumulated sabbatical leave or earned vacation
14leave from the state employee's last year of service prior to retirement, or both. The
15department shall apply the credits awarded under this paragraph for the payment
16of health insurance premiums only after the credits awarded under par. (b) are
17exhausted. This paragraph applies only to state employees who are eligible for
18accumulated unused sick leave conversion under par. (b) and who are entitled to the
19benefits under this paragraph pursuant to a collective bargaining agreement under
20subch. V or VI of ch. 111.

SB353,13,222 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
23or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111
24or under rules promulgated by the director of the office of state employment relations

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1or is eligible for reemployment with the state under s. 21.79 after completion of his
2or her service in the U.S. armed forces.

SB353,13,84 40.05 (5) Income continuation insurance premiums. (intro.) For the income
5continuation insurance provided under subch. V the employee shall pay the amount
6remaining after the employer has contributed the following or, if different, the
7amount determined under a collective bargaining agreement under subch. I or, V, or
8VI of ch. 111 or s. 230.12 or 233.10:

SB353,13,1210 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in
11accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and subch. I
12or, V, or VI of ch. 111.

SB353,13,2114 40.05 (6) (a) Except as otherwise provided in accordance with a collective
15bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10, each
16insured employee under the age of 70 and annuitant under the age of 65 shall pay
17for group life insurance coverage a sum, approved by the group insurance board,
18which shall not exceed 60 cents monthly for each $1,000 of group life insurance,
19based upon the last amount of insurance in force during the month for which
20earnings are paid. The equivalent premium may be fixed by the group insurance
21board if the annual compensation is paid in other than 12 monthly installments.

SB353,13,2523 40.62 (2) Sick leave accumulation shall be determined in accordance with rules
24of the department, any collective bargaining agreement under subch. I or, V, or VI
25of ch. 111, and ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 757.02 (5) and 978.12 (3).

SB353,14,32 40.80 (3) Any action taken under this section shall apply to employees covered
3by a collective bargaining agreement under subch. V or VI of ch. 111.

SB353,14,65 40.81 (3) Any action taken under this section shall apply to employees covered
6by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.

SB353,14,98 40.95 (1) (a) 2. The employee has his or her compensation established in a
9collective bargaining agreement under subch. V or VI of ch. 111.

SB353,14,20 17111.95 Declaration of policy. The public policy of the state as to labor
18relations and collective bargaining involving faculty and academic staff at the
19University of Wisconsin System, in furtherance of which this subchapter is enacted,
20is as follows:

SB353,14,23 21(1) The people of the state of Wisconsin have a fundamental interest in
22developing harmonious and cooperative labor relations within the University of
23Wisconsin System.

SB353,15,2 24(2) It recognizes that there are 3 major interests involved: that of the public,
25that of the employee, and that of the employer. These 3 interests are to a considerable

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1extent interrelated. It is the policy of this state to protect and promote each of these
2interests with due regard to the rights of the others.

SB353,15,3 3111.96 Definitions. In this subchapter:

SB353,15,6 4(1) "Academic staff" has the meaning given under s. 36.05 (1), but does not
5include any individual holding an appointment under s. 36.13 or 36.15 (2m) or who
6is appointed to a visiting faculty position.

SB353,15,7 7(2) "Board" means the Board of Regents of the University of Wisconsin System.

SB353,15,15 8(3) "Collective bargaining" means the performance of the mutual obligation of
9the state as an employer, by its officers and agents, and the representatives of its
10employees, to meet and confer at reasonable times, in good faith, with respect to the
11subjects of bargaining provided in s. 111.998 with the intention of reaching an
12agreement, or to resolve questions arising under such an agreement. The duty to
13bargain, however, does not compel either party to agree to a proposal or require the
14making of a concession. Collective bargaining includes the reduction of any
15agreement reached to a written and signed document.

SB353,15,16 16(4) "Collective bargaining unit" means a unit established under s. 111.98 (1).

SB353,15,17 17(5) "Commission" means the employment relations commission.

SB353,15,20 18(6) "Election" means a proceeding conducted by the commission in which the
19employees in a collective bargaining unit cast a secret ballot for collective bargaining
20representatives, or for any other purpose specified in this subchapter.

SB353,15,21 21(7) "Employee" includes:

SB353,15,2422 (a) All faculty, including specifically faculty who are supervisors or
23management employees, but not including faculty holding a limited appointment
24under s. 36.17 or deans.

SB353,16,3

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1(b) All academic staff, except for supervisors, management employees, and
2individuals who are privy to confidential matters affecting the employer-employee
3relationship.

SB353,16,4 4(8) "Employer" means the state of Wisconsin.

SB353,16,6 5(9) "Faculty" has the meaning given in s. 36.05 (8), except for an individual
6holding an appointment under s. 36.15 (1), (2), (2m), or (3).

SB353,16,11 7(10) "Fair-share agreement" means an agreement between the employer and
8a labor organization representing employees under which all of the employees in a
9collective bargaining unit are required to pay their proportionate share of the cost
10of the collective bargaining process and contract administration measured by the
11amount of dues uniformly required of all members.

SB353,16,12 12(11) "Institution" has the meaning given in s. 36.05 (9).

SB353,16,14 13(12) "Labor dispute" means any controversy with respect to the subjects of
14bargaining provided in this subchapter.

SB353,16,18 15(13) "Labor organization" means any employee organization whose purpose is
16to represent employees in collective bargaining with the employer, or its agents, on
17matters pertaining to terms and conditions of employment, but does not include any
18organization that does any of the following:

SB353,16,2019 (a) Advocates the overthrow of the constitutional form of government in the
20United States.

SB353,16,2221 (b) Discriminates with regard to the terms or conditions of membership
22because of race, color, creed, sex, age, sexual orientation, or national origin.

SB353,17,4 23(14) "Maintenance of membership agreement" means an agreement between
24the employer and a labor organization representing employees that requires that all
25of the employees whose dues are being deducted from earnings under s. 20.921 (1)

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1or 111.992 at or after the time the agreement takes effect shall continue to have dues
2deducted for the duration of the agreement and that dues shall be deducted from the
3earnings of all employees who are hired on or after the effective date of the
4agreement.

SB353,17,6 5(15) "Management employees" include those personnel engaged
6predominately in executive and managerial functions.

SB353,17,8 7(16) "Office" means the office of state employment relations in the department
8of administration.

SB353,17,13 9(17) "Referendum" means a proceeding conducted by the commission in which
10employees, or supervisors specified in s. 111.98 (5), in a collective bargaining unit
11may cast a secret ballot on the question of directing the labor organization and the
12employer to enter into a fair-share or maintenance of membership agreement or to
13terminate such an agreement.

SB353,17,15 14(18) "Representative" includes any person chosen by an employee to represent
15the employee.

SB353,17,19 16(19) "Strike" includes any strike or other concerted stoppage of work by
17employees, any concerted slowdown or other concerted interruption of operations or
18services by employees, or any concerted refusal to work or perform their usual duties
19as employees of the state.

SB353,17,25 20(20) "Supervisor" means any individual whose principal work is different from
21that of the individual's subordinates and who has authority, in the interest of the
22employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
23reward or discipline employees, or to adjust their grievances, or to authoritatively
24recommend such action, if the individual's exercise of such authority is not of a
25merely routine or clerical nature, but requires the use of independent judgment.

SB353,18,2

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1(21) "Unfair labor practice" means any unfair labor practice specified in s.
2111.991.

SB353,18,11 3111.965 Duties of the state. (1) In the furtherance of this subchapter, the
4state shall be considered as a single employer. The board shall negotiate and
5administer collective bargaining agreements. To coordinate the employer position
6in the negotiation of agreements, the board shall maintain close liaison with the
7legislature and the office relative to the negotiation of agreements and the fiscal
8ramifications of those agreements. The board shall coordinate its collective
9bargaining activities with the office. The legislative branch shall act upon those
10portions of tentative agreements negotiated by the board that require legislative
11action.

SB353,18,14 12(2) The board shall establish a collective bargaining capacity and shall
13represent the state in its responsibility as an employer under this subchapter. The
14board shall coordinate its actions with the director of the office.

SB353,18,20 15111.97 Rights of employees. Employees shall have the right of
16self-organization and the right to form, join, or assist labor organizations, to bargain
17collectively through representatives of their own choosing under this subchapter,
18and to engage in lawful, concerted activities for the purpose of collective bargaining
19or other mutual aid or protection. Employees shall also have the right to refrain from
20any such activities.

SB353,18,23 21111.98 Collective bargaining units. (1) Collective bargaining units for
22faculty and staff in the unclassified service of the state shall be structured with a
23collective bargaining unit for each of the following groups:

SB353,18,2424 (a) Faculty of the University of Wisconsin-Madison.

SB353,18,2525 (am) Faculty of the University of Wisconsin-Milwaukee.

SB353,19,1

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1(b) Faculty of the University of Wisconsin-Extension.

SB353,19,22 (bm) Faculty of the University of Wisconsin-Eau Claire.

SB353,19,33 (c) Faculty of the University of Wisconsin-Green Bay.

SB353,19,44 (cm) Faculty of the University of Wisconsin-La Crosse.

SB353,19,55 (d) Faculty of the University of Wisconsin-Oshkosh.

SB353,19,66 (dm) Faculty of the University of Wisconsin-Parkside.

SB353,19,77 (e) Faculty of the University of Wisconsin-Platteville.

SB353,19,88 (em) Faculty of the University of Wisconsin-River Falls.

SB353,19,99 (f) Faculty of the University of Wisconsin-Stevens Point.

SB353,19,1010 (fm) Faculty of the University of Wisconsin-Stout.

SB353,19,1111 (g) Faculty of the University of Wisconsin-Superior.

SB353,19,1212 (gm) Faculty of the University of Wisconsin-Whitewater.

SB353,19,1313 (h) Faculty of the University of Wisconsin Colleges.

SB353,19,1414 (i) Academic staff of the University of Wisconsin-Madison.

SB353,19,1515 (im) Academic staff of the University of Wisconsin-Milwaukee.

SB353,19,1616 (j) Academic staff of the University of Wisconsin-Extension.

SB353,19,1717 (jm) Academic staff of the University of Wisconsin-Eau Claire.

SB353,19,1818 (k) Academic staff of the University of Wisconsin-Green Bay.

SB353,19,1919 (km) Academic staff of the University of Wisconsin-La Crosse.

SB353,19,2020 (L) Academic staff of the University of Wisconsin-Oshkosh.

SB353,19,2121 (Lm) Academic staff of the University of Wisconsin-Parkside.

SB353,19,2222 (m) Academic staff of the University of Wisconsin-Platteville.

SB353,19,2323 (mm) Academic staff of the University of Wisconsin-River Falls.

SB353,19,2424 (n) Academic staff of the University of Wisconsin-Stevens Point.

SB353,19,2525 (nm) Academic staff of the University of Wisconsin-Stout.

SB353,20,1

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1(o) Academic staff of the University of Wisconsin-Superior.

SB353,20,22 (op) Academic staff of the University of Wisconsin-Whitewater.

SB353,20,33 (p) Academic staff of the University of Wisconsin Colleges.

SB353,20,16 4(2) (a) Notwithstanding sub. (1), 2 or more collective bargaining units described
5under sub. (1) (a) to (p) may be combined into a single unit. If 2 or more collective
6bargaining units seek to combine into a single collective bargaining unit, the
7commission shall, upon the petition of at least 30 percent of the employees in each
8unit, hold an election to determine whether a majority of those employees voting in
9each unit desire to combine into a single unit. A combined collective bargaining unit
10shall be formed including all employees from each of those units in which a majority
11of the employees voting in the election approve a combined unit. The combined
12collective bargaining unit shall be formed immediately if there is no existing
13collective bargaining agreement in force in any of the units to be combined. If there
14is a collective bargaining agreement in force at the time of the election in any of the
15collective bargaining units to be combined, the combined unit shall be formed upon
16expiration of the last agreement for the units concerned.

SB353,21,517 (b) If 2 or more collective bargaining units have combined under par. (a), the
18commission shall, upon petition of at least 30 percent of the employees in any of the
19original units, hold an election of the employees in the original unit to determine
20whether the employees in that unit desire to withdraw from the combined collective
21bargaining unit. If a majority of the employees voting desire to withdraw from the
22combined collective bargaining unit, separate units consisting of the unit in which
23the election was held and a unit composed of the remainder of the combined unit shall
24be formed. The new collective bargaining units shall be formed immediately if there
25is no collective bargaining agreement in force for the combined unit. If there is a

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1collective bargaining agreement in force for the combined collective bargaining unit,
2the new units shall be formed upon the expiration of the agreement. While there is
3a collective bargaining agreement in force for the combined collective bargaining
4unit, a petition for an election under this paragraph may be filed only during October
5in the calendar year prior to the expiration of the agreement.

SB353,21,7 6(3) The commission shall assign employees to the appropriate collective
7bargaining units described under sub. (1) or (2).

SB353,21,15 8(4) Any labor organization may petition for recognition as the exclusive
9representative of a collective bargaining unit described under sub. (1) or (2) in
10accordance with the election procedures under s. 111.990 if the petition is
11accompanied by a 30 percent showing of interest in the form of signed authorization
12cards. Any additional labor organization seeking to appear on the ballot shall file a
13petition within 60 days of the date of filing of the original petition and prove, through
14signed authorization cards, that at least 10 percent of the employees in the collective
15bargaining unit want it to be their representative.