State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 111 > 111.81

111.81

111.81 Definitions. In this subchapter:

111.81(1)

(1) "Collective bargaining" means the performance of the mutual obligation of the state as an employer, by its officers and agents, and the representatives of its employees, to meet and confer at reasonable times, in good faith, with respect to the subjects of bargaining provided in s. 111.91 (1) with the intention of reaching an agreement, or to resolve questions arising under such an agreement. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

111.81(2)

(2) "Collective bargaining unit" means a unit established under s. 111.825.

111.81(3)

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

111.81(3h)

(3h) "Consumer" has the meaning given in s. 46.2898 (1) (cm).

111.81(4)

(4) "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.

111.81(6)

(6) "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.

111.81(7)

(7) "Employee" includes:

111.81(7)(a)

(a) Any state employee in the classified service of the state, as defined in s. 230.08, except limited term employees, sessional employees, project employees, supervisors, management employees and individuals who are privy to confidential matters affecting the employer-employee relationship, as well as all employees of the commission.

111.81(7)(b)

(b) Program, project or teaching assistants employed by the University of Wisconsin System, except supervisors, management employees and individuals who are privy to confidential matters affecting the employer-employee relationship.

111.81(7)(c)

(c) Assistant district attorneys, except supervisors, management employees and individuals who are privy to confidential matters affecting the employer-employee relationship.

111.81(7)(e)

(e) Attorneys employed in the office of the state public defender, except supervisors, management employees or individuals who are privy to confidential matters affecting the employer-employee relationship.

111.81(7)(f)

(f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm).

111.81(7)(g)

(g) For purposes of this subchapter only, home care providers. This paragraph does not make home care providers state employees for any other purpose except collective bargaining.

111.81(8)

(8) "Employer" means the state of Wisconsin.

111.81(9)

(9) "Fair-share agreement" means an agreement between the employer and a labor organization representing employees or supervisors specified in s. 111.825 (5) under which all of the employees or supervisors 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.

111.81(9k)

(9k) "Home care provider" means a qualified provider under s. 46.2898 (1) (f).

111.81(9m)

(9m) "Instructional staff" has the meaning given in rules promulgated by the department of public instruction under s. 121.02 (1) (a) 2.

111.81(10)

(10) "Joint committee on employment relations" means the legislative committee created under s. 13.111.

111.81(11)

(11) "Labor dispute" means any controversy with respect to the subjects of bargaining provided in this subchapter.

111.81(12)

(12) "Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters pertaining to terms and conditions of employment; but the term shall not include any organization:

111.81(12)(a)

(a) Which advocates the overthrow of the constitutional form of government in the United States; or

111.81(12)(b)

(b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation or national origin.

111.81(12m)

(12m) "Maintenance of membership agreement" means an agreement between the employer and a labor organization representing employees or supervisors specified in s. 111.825 (5) which requires that all of the employees or supervisors whose dues are being deducted from earnings under s. 20.921 (1) or 111.84 (1) (f) 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 or supervisors who are hired on or after the effective date of the agreement.

111.81(13)

(13) "Management" includes those personnel engaged predominately in executive and managerial functions, including such officials as division administrators, bureau directors, institutional heads and employees exercising similar functions and responsibilities as determined by the commission.

111.81(14)

(14) "Office" means the office of state employment relations.

111.81(15)

(15) "Professional employee" means:

111.81(15)(a)

(a) Any employee in the classified service who is engaged in work:

111.81(15)(a)1.

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

111.81(15)(a)2.

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

111.81(15)(a)3.

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

111.81(15)(a)4.

4. 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 learning 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 processes; or

111.81(15)(b)

(b) Any employee in the classified service who:

111.81(15)(b)1.

1. Has completed the courses of specialized intellectual instruction and study described in par. (a) 4.; and

111.81(15)(b)2.

2. Is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in par. (a).

111.81(15m)

(15m) "Program assistant" or "project assistant" means a graduate student enrolled in the University of Wisconsin System who is assigned to conduct research, training, administrative responsibilities or other academic or academic support projects or programs, except regular preparation of instructional materials for courses or manual or clerical assignments, under the supervision of a member of the faculty or academic staff, as defined in s. 36.05 (1) or (8), primarily for the benefit of the university, faculty or academic staff supervisor or a granting agency. "Project assistant" or "program assistant" does not include a graduate student who does work which is primarily for the benefit of the student's own learning and research and which is independent or self-directed.

111.81(16)

(16) "Referendum" means a proceeding conducted by the commission in which employees, or supervisors specified in s. 111.825 (5), 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.

111.81(17)

(17) "Representative" includes any person chosen by an employee to represent the employee.

111.81(17m)

(17m) "Research assistant" means a graduate student enrolled in the University of Wisconsin System who is receiving a stipend to conduct research that is primarily for the benefit of the student's own learning and research and which is independent or self-directed, but does not include students provided fellowships, scholarships, or traineeships which are distributed through other titles such as advanced opportunity fellow, fellow, scholar, or trainee, and does not include students with either an F-1 or a J-1 visa issued by the federal department of state.

111.81(18)

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

111.81(19)

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

111.81(19m)

(19m) "Teaching assistant" means a graduate student enrolled in the University of Wisconsin System who is regularly assigned teaching and related responsibilities, other than manual or clerical responsibilities, under the supervision of a member of the faculty as defined in s. 36.05 (8).

111.81(20)

(20) "Unfair labor practice" means any unfair labor practice specified in s. 111.84.

111.81 - ANNOT.

History: 1971 c. 270; 1975 c. 238; 1977 c. 196; 1981 c. 112; 1983 a. 160, 189, 538; 1985 a. 29, 42; 1989 a. 31; 1993 a. 492; 1995 a. 27, 324; 1997 a. 35; 2001 a. 16; 2003 a. 33 ss. 1987m, 1988m, 9160; 2009 a. 28.