111.91 Subjects of bargaining.
111.91
111.91 Subjects of bargaining.111.91(1)
(1)111.91(1)(a)
(a) Except as provided in pars. (b) to (e), 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 employees to duties of a higher classification or downward reallocations of a classified employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.111.91(1)(am)
(am) In collective bargaining units specified in s. 111.825 (1m), the right of the employer to transfer employees from one position to another position and the right of employees to be transferred from one position to another position is a subject of bargaining.111.91(1)(b)
(b) The employer shall not be required to bargain 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.111.91(1)(c)
(c) The employer is prohibited from bargaining on matters contained in sub. (2).111.91(1)(cg)
(cg) The representative of home care providers in the collective bargaining unit specified under s. 111.825 (2g) may not bargain collectively with respect to any matter other than wages and fringe benefits.111.91(1)(cm)
(cm) Except as provided in sub. (2) (g) and (h) 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 employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.111.91(1)(d)
(d) Demands relating to retirement and group insurance shall be submitted to the employer at least one year prior to commencement of negotiations.111.91(1)(e)
(e) The employer shall not be required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.111.91(2)
(2) The employer is prohibited from bargaining on:111.91(2)(a)
(a) The mission and goals of state agencies as set forth in the statutes.111.91(2)(b)
(b) Policies, practices and procedures of the civil service merit system relating to:111.91(2)(b)1.
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.111.91(2)(b)2.
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.111.91(2)(c)
(c) Disciplinary actions and position abandonments governed by s. 230.34 (1) (a), (am) and (ar), except as provided in those paragraphs.111.91(2)(d)
(d) Amendments to this subchapter.111.91(2)(e)
(e) Matters related to grants made by the department of transportation under s. 85.107 (3) (b).111.91(2)(f)
(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. 103.10.111.91(2)(g)
(g) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a) 3.111.91(2)(gm)
(gm) Reemployment rights of employees under s. 230.32 (7).111.91(2)(gr)
(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).111.91(2)(gu)
(gu) The right of an employee, as defined in s. 103.88 (1) (d), who is a fire fighter, emergency medical technician, first 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).111.91 - ANNOT.
NOTE: Par. (gu) was created as par. (gr) by 2009 Wis. Act 140 and renumbered by the legislative reference bureau under s. 13.92 (1) (bm) 2.111.91(2)(h)
(h) The rights of employees to have retirement benefits computed under s. 40.30.111.91(2)(i)
(i) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.111.91(2)(j)
(j) Creditable service to which s. 40.285 (2) (b) 4. applies.111.91(2)(k)
(k) Compliance with the health benefit plan requirements under ss. 632.746 (1) to (8) and (10), 632.747 and 632.748.111.91(2)(kc)
(kc) Compliance with the insurance requirements under s. 631.95.111.91(2)(km)
(km) The definition of earnings under s. 40.02 (22).111.91(2)(L)
(L) The maximum benefit limitations under s. 40.31.111.91(2)(m)
(m) The limitations on contributions under s. 40.32.111.91(2)(n)
(n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14), (16), and (16m) and (17).111.91 - ANNOT.
NOTE: Par. (n) is shown as affected effective 12-1-10 by 2009 Wis. Acts 14, 28, and 346 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The cross-reference to s. 632.895 (16m) was changed from s. 632.895 (16) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 632.895 (16), as created by 2009 Wis. Act 346. Prior to 12-1-10 par. (n) reads:111.91 - ANNOT.
(n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14), (16), and (17).111.91(2)(nm)
(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).111.91(2)(o)
(o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.111.91(2)(p)
(p) The requirements related to coverage of drugs and devices under s. 632.853.111.91(2)(q)
(q) The requirements related to experimental treatment under s. 632.855.111.91(2)(qm)
(qm) The requirements under s. 632.89 relating to coverage of treatment for nervous and mental disorders and alcoholism and other drug problems.111.91 - ANNOT.
NOTE: Par. (qm) is created eff. 12-1-10 by 2009 Wis. Act 218.111.91(2)(r)
(r) The requirements under s. 609.10 related to offering a point-of-service option plan.111.91(2)(s)
(s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.111.91(2c)
(2c) In addition to the prohibited subjects under sub. (2), the employer is prohibited from bargaining with a collective bargaining unit formed under s. 111.825 (2g) on any of the following:111.91(2c)(a)
(a) Policies.111.91(2c)(b)
(b) Work rules.111.91(2c)(c)
(c) Hours of employment.111.91(2c)(d)
(d) Any right of the consumer under s. 111.905.111.91(4)
(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), 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.111.91 - ANNOT.
History: 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; s. 13.92 (1) (bm) 2.111.91 - ANNOT.
The effective date of state employees' collective bargaining agreements is a mandatory subject of bargaining. Department of Administration v. WERC, 90 Wis. 2d 426, 280 N.W.2d 150 (1979).111.91 - ANNOT.
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 sub. (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, 02-2232.111.91 - ANNOT.
Unfair labor practices and collective bargaining regarding pensions as to state employees discussed. 64 Atty. Gen. 18.