State Codes and Statutes

111.02

111.02 Definitions. When used in this subchapter:

111.02(1)

(1) The term "all-union agreement" shall mean an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization.

111.02(2)

(2) "Collective bargaining" is the negotiating by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

111.02(3)

(3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

111.02(4)

(4) "Commission" means the employment relations commission.

111.02(5)

(5) The term "election" shall mean a proceeding 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 and shall include elections conducted by the commission, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties.

111.02(6)

(6)

111.02(6)(a)

(a) "Employee" shall include any person, other than an independent contractor, working for another for hire in the state of Wisconsin in a nonconfidential, nonmanagerial, nonexecutive and nonsupervisory capacity, and shall not be limited to the employees of a particular employer unless the context clearly indicates otherwise.

111.02(6)(am)

(am) "Employee" includes a child care provider certified under s. 48.651 and a child care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the child care provider.

111.02(6)(b)

(b) "Employee" shall include any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute or because of any unfair labor practice on the part of an employer and who has not:

111.02(6)(b)1.

1. Refused or failed to return to work upon the final disposition of a labor dispute or a charge of an unfair labor practice by a tribunal having competent jurisdiction of the same or whose jurisdiction was accepted by the employee or the employee's representative;

111.02(6)(b)2.

2. Been found to have committed or to have been a party to any unfair labor practice hereunder;

111.02(6)(b)3.

3. Obtained regular and substantially equivalent employment elsewhere; or

111.02(6)(b)4.

4. Been absent from his or her employment for a substantial period of time during which reasonable expectancy of settlement has ceased (except by an employer's unlawful refusal to bargain) and whose place has been filled by another engaged in the regular manner for an indefinite or protracted period and not merely for the duration of a strike or lockout.

111.02(6)(c)

(c) "Employee" shall not include any individual employed in the domestic service of a family or person at the person's home or any individual employed by his or her parent or spouse or any employee who is subject to the federal railway labor act.

111.02(7)

(7)

111.02(7)(a)

(a) "Employer" means a person who engages the services of an employee, and includes all of the following:

111.02(7)(a)1.

1. A person acting on behalf of an employer within the scope of his or her authority, express or implied.

111.02(7)(a)2.

2. The University of Wisconsin Hospitals and Clinics Authority.

111.02(7)(a)3.

3. A local cultural arts district created under subch. V of ch. 229.

111.02(7)(a)4.

4. With respect to an employee under sub. (6) (am), the state, counties, and other administrative entities involved in regulation and subsidization of employees under sub. (6) (am).

111.02(7)(b)

(b) "Employer" does not include any of the following:

111.02(7)(b)1.

1. Except as provided in par. (a) 4., the state or any political subdivision thereof.

111.02(7)(b)2.

2. Any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact.

111.02(7m)

(7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority, or between an employer defined under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am), under which all of the employees in a 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.

111.02(8)

(8) The term "jurisdictional strike" shall mean a strike growing out of a dispute between 2 or more employees or representatives of employees as to the appropriate unit for collective bargaining, or as to which representative is entitled to act as collective bargaining representative, or as to whether employees represented by one or the other representative are entitled to perform particular work.

111.02(9)

(9) The term "labor dispute" means any controversy between an employer and the majority of the employer's employees in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. Any organization with which either the employer or such majority is affiliated may be considered a party to the labor dispute.

111.02(9m)

(9m) "Maintenance of membership agreement" means any of the following:

111.02(9m)(a)

(a) An agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority which requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

111.02(9m)(b)

(b) An agreement between an employer under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am) which requires that all of the employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

111.02(10)

(10) The term "person" includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees or receivers.

111.02(10m)

(10m) "Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit or in which employees under sub. (6) (am) in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

111.02(11)

(11) The term "representative" includes any person chosen by an employee to represent the employee.

111.02(12)

(12) The term "secondary boycott" shall include combining or conspiring to cause or threaten to cause injury to a person with whom no labor dispute exists in order to bring that person, against that person's will, into a concerted plan to coerce or inflict damage upon another, whether by:

111.02(12)(a)

(a) Withholding patronage, labor or other beneficial business intercourse;

111.02(12)(b)

(b) Picketing;

111.02(12)(c)

111.02(12)(d)

(d) Any other unlawful means.

111.02(13)

(13) The term "unfair labor practice" means any unfair labor practice as defined in s. 111.06.

111.02 - ANNOT.

History: 1979 c. 89; 1983 a. 189; 1993 a. 112, 492; 1995 a. 27, 225; 1999 a. 65, 83; 2009 a. 28, 185.