Section 111.81. Definitions.

  In this subchapter:

(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 respect to public safety employees, and to the subjects of bargaining provided in s. 111.91 (3) , with respect to general employees, 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.

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

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

(3n)  “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.

(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.

(5)  “Division" means the division of personnel management in the department of administration.

(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.

(7)  “Employee" includes:

(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.

(ar) Any employee who is employed by the University of Wisconsin System, except an employee who is assigned to the University of Wisconsin-Madison, and except faculty, and except academic staff under s. 36.15 .

(at) Any employee who is employed by the University of Wisconsin System and assigned to the University of Wisconsin-Madison except faculty and except academic staff under s. 36.15 .

(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.

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

(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.

(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) , 2013 stats.

(gm) Research assistants of the University of Wisconsin-Madison and University of Wisconsin-Extension.

(h) Research assistants of the University of Wisconsin-Milwaukee.

(i) Research assistants of the Universities of Wisconsin-Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior, and Whitewater.

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

(9)  “Fair-share agreement" means an agreement between the employer and a labor organization representing public safety employees under which all of the public safety 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.

(9g)  “General employee" means an employee who is not a public safety employee.

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

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

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

(12)  “Labor organization" means any employee organization whose purpose is to represent employees in collective bargaining with the employer, or its agents, on matters that are subject to collective bargaining under s. 111.91 (1) or (3) , whichever is applicable; but the term shall not include any organization:

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

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

(12m)  “Maintenance of membership agreement" means an agreement between the employer and a labor organization representing public safety employees which requires that all of the public safety employees 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 public safety employees who are hired on or after the effective date of the agreement.

(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.

(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.

(15r)  “Public safety employee" means any individual under s. 40.02 (48) (am) 7. or 8.

(16)  “Referendum" means a proceeding conducted by the commission in which public safety employees 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.

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

(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.

(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.

(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.

(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) .

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

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 ; 2011 a. 10 , 32 ; 2013 a. 20 ss. 2365m , 9448 ; 2013 a. 166 ; 2015 a. 55 .