Section 111.91 - Subjects of bargaining(1)(a) Except as provided in pars. (b) to (d), with regard to a collective bargaining unit under s. 111.825(1) (g), matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified public safety employees to duties of a higher classification or downward reallocations of a classified public safety employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.(b) The employer is not required to bargain with a collective bargaining unit under s. 111.825(1) (g) on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90(3) shall be a subject of bargaining.(c) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825(1) (g) on matters contained in sub. (2).(cm) Except as provided in sub. (2) and ss. 40.02(22) (e) and 40.23(1) (f) 4, all laws governing the Wisconsin retirement system under ch. 40 and all actions of the employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to the public safety employees.(d) In the case of a collective bargaining unit under s. 111.825(1) (g), demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.(2) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825(1) (g) with respect to all of the following:(a) The mission and goals of state agencies as set forth in the statutes.(b) Policies, practices and procedures of the civil service merit system relating to:1. Original appointments and promotions specifically including recruitment, examinations, certification, policies with respect to probationary periods and appointments, but not including transfers between positions allocated to classifications that are assigned to the same pay range or an identical pay range in a different pay schedule, within the same collective bargaining unit or another collective bargaining unit represented by the same labor organization.2. The job evaluation system specifically including position classification and reclassification, position qualification standards, establishment and abolition of classifications, and allocation and reallocation of positions to classifications; and the determination of an incumbent's status, other than pay status, resulting from position reallocations.(c) Disciplinary actions and position abandonments governed by s. 230.34(1) (a), (am) and (ar), except as provided in those paragraphs.(d) Amendments to this subchapter.(e) Matters related to grants made by the department of transportation under s. 85.107(3) (b).(f) Family leave and medical leave rights below the minimum afforded under s. 103.10. Nothing in this paragraph prohibits the employer from bargaining on rights to family leave or medical leave which are more generous to the employee than the rights provided under s. 103.10.(fm) If the collective bargaining unit contains a public safety employee initially employed on or after July 1, 2011, the requirement under s. 40.05(1) (b) that the employer may not pay, on behalf of that public safety employee, any employee required contributions or the employee share of required contributions and the impact of this requirement on the wages, hours, and conditions of employment of that public safety employee.(gm) Reemployment rights of employees under s. 230.32(7).(gr) The right of an employee to take leave to participate in an emergency service operation of the Civil Air Patrol under s. 321.66(2) (a).(gu) The right of a public safety employee, who is an employee, as defined in s. 103.88(1) (d), and who is a fire fighter, emergency medical services practitioner, emergency medical responder, or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in s. 256.15(1) (n), or a nonprofit corporation, as defined in s. 256.01(12), to respond to an emergency as provided under s. 103.88(2).(h) The rights of employees to have retirement benefits computed under s. 40.30.(i) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.(im) Employer access to the social networking Internet site of an employee that provides fewer rights and remedies to employees than are provided under s. 995.55.(j) Creditable service to which s. 40.285(2) (b) 4 applies.(k) Compliance with the health benefit plan requirements under ss. 632.746(1) to (8) and (10), 632.747 and 632.748.(kc) Compliance with the insurance requirements under s. 631.95.(km) The definition of earnings under s. 40.02(22).(l) The maximum benefit limitations under s. 40.31.(m) The limitations on contributions under s. 40.32.(n) The provision to employees of the health insurance coverage required under s. 632.895(11) to (14), (16), (16m), and (17).(nm) The requirements related to providing coverage for a dependent under s. 632.885 and to continuing coverage for a dependent student on a medical leave of absence under s. 632.895(15).(o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.(p) The requirements related to coverage of drugs and devices under s. 632.853.(q) The requirements related to experimental treatment under s. 632.855.(qm) The requirements under s. 632.89 relating to coverage of treatment for nervous and mental disorders and alcoholism and other drug problems.(r) The requirements under s. 609.10 related to offering a point-of-service option plan.(s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.(3) The employer is prohibited from bargaining with a collective bargaining unit containing a general employee with respect to any of the following:(a) Any factor or condition 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.(b) Unless the electors in a statewide referendum approve a total base wages increase that exceeds the total base wages expenditure described in this paragraph, any proposal that does any of the following:1. If there is an increase in the consumer price index change, provides for total base wages for authorized positions in the proposed collective bargaining agreement that exceeds the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement by a greater percentage than the consumer price index change.2. If there is a decrease or no change in the consumer price index change, provides for any change in total base wages for authorized positions in the proposed collective bargaining agreement from the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement.(3q) For purposes of determining compliance with sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a general employee, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.(4) The administrator of the division, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92(1) (a) 1, shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81(7) (a) and with each certified labor organization representing employees specified in s. 111.81(7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.Amended by Acts 2017 ch, 12,s 55, eff. 6/23/2017.Amended by Acts 2015 ch, 55,s 3169, eff. 7/14/2015.Amended by Acts 2013 ch, 208,s 4, eff. 4/10/2014.Amended by Acts 2013 ch, 166,s 40, eff. 3/29/2014.1971 c. 270; 1975 c. 39, 224; 1977 c. 196; 1979 c. 221; 1983 a. 27; 1985 a. 42; 1987 a. 27, 287, 331; 1989 a. 13, 31, 323; 1991 a. 269, 289; 1995 a. 27, 289; 1995 a. 302 s. 48; 1997 a. 27, 35, 155, 237; 1999 a. 9, 95, 115, 155; 2001 a. 16, 26; 2003 a. 33; 2007 a. 36; 2009 a. 14, 28, 56, 140, 218, 276, 346; 2011 a. 10, 32; 2011 a. 260 ss. 30, 80.Section 40.05(2n) was repealed by 2011 Wis. Act 10. Corrective legislative is pending.
Sub. (4) is amended eff. 7-1-13 by 2011 Wis. Act 32 to read:
(4) The director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92(1) (a) 1., shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81(7) (a) and with each certified labor organization representing employees specified in s. 111.81(7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.
The effective date of state employees' collective bargaining agreements is a mandatory subject of bargaining. DOA v. WERC, 90 Wis. 2d 426, 280 N.W.2d 150 (1979). Matters that affect the separate interests of bargaining units, such as the interest in not losing work to another unit, are not conditions of employment under s. 111.93(3). Sub. (2) (b) 2., prohibiting bargaining regarding job classification and allocation, will not be overridden by permitting the loss of bargaining unit work on account of a position reallocation to be bargained, grieved, or arbitrated. WERC v. Wisconsin Building Trades Negotiating Committee, 2003 WI App 178, 266 Wis. 2d 512, 669 N.W.2d 499, 02-2232. Unfair labor practices and collective bargaining regarding pensions as to state employees discussed. 64 Atty. Gen. 18.