111.70 Municipal employment.

981 words·~4 min read·/wi/chapter-111/111-70-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. As used in this subchapter:

(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), except as provided in sub.

(mb)and

(mc)and s. 40.81

(3)and except that a municipal 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.

(b)“Collective bargaining unit” means a unit consisting of municipal employees that is determined by the commission under sub.

(d)2. a. to be appropriate for the purpose of collective bargaining.

(c)“Commission” means the employment relations commission.

(cm)“Consumer price index change” means the average annual percentage change in the consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the current date.

(d)“Craft employee” means a skilled journeyman craftsman, including the skilled journeyman craftsman’s apprentices and helpers, but shall not include employees not in direct line of progression in the craft.

(e)“Election” means a proceeding conducted by the commission in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in this subchapter.

(f)“Fair-share agreement” means an agreement between a municipal employer and a labor organization that represents public safety employees or transit employees under which all or any of the public safety employees or transit employees in the collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

(fm)“General municipal employee” means a municipal employee who is not a public safety employee or a transit employee.

(g)“Labor dispute” means any controversy concerning wages, hours and conditions of employment, or concerning the representation of persons in negotiating, maintaining, changing or seeking to arrange wages, hours and conditions of employment.

(h)“Labor organization” means any employee organization in which employees participate and which exists for the purpose, in whole or in part, of engaging in collective bargaining with municipal employers concerning grievances, labor disputes, wages, hours or conditions of employment.

(i)“Municipal employee” means any individual employed by a municipal employer other than an independent contractor, supervisor, or confidential, managerial or executive employee.

(j)“Municipal employer” means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, local cultural arts district created under subch. V of ch. 229 , or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person’s authority, express or implied.

(k)“Person” means one or more individuals, labor organizations, associations, corporations or legal representatives.

(L)“Professional employee” means:

1. Any employee engaged in work:

a. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;

b. Involving the consistent exercise of discretion and judgment in its performance;

c. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;

d. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher education or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical process; or

2. Any employee who:

a. Has completed the courses of specialized intellectual instruction and study described in subd. 1. d. ;

b. Is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in subd. 1.

(m)“Prohibited practice” means any practice prohibited under this subchapter.

(mm)“Public safety employee” means any municipal employee who is employed in a position that, on July 1, 2011, is one of the following:

1. Classified as a protective occupation participant under any of the following:

a. Section 40.02

(am)9. , 10. , 13. , 15. , or 22.

b. A provision that is comparable to a provision under subd. 1. a. that is in a county or city retirement system.

2. An emergency medical service provider for emergency medical services departments.

(n)“Referendum” means a proceeding conducted by the commission in which public safety employees or transit employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement.

(ne)“School district employee” means a municipal employee who is employed to perform services for a school district.

(nm)“Strike” includes any strike or other concerted stoppage of work by municipal employees, and any concerted slowdown or other concerted interruption of operations or services by municipal employees, or any concerted refusal to work or perform their usual duties as municipal employees, for the purpose of enforcing demands upon a municipal employer.

(o)“Supervisor” means: