Legislature Changes Collective Bargaining Law
2009-06/12 Dean R. Dietrich

The Wisconsin Legislature has made several recent changes to the collective bargaining law for public sector employers. 

First, the legislature has passed, and the governor has signed, Wisconsin Act 21. This new legislation prohibits a municipal employer from discontinuing the grievance arbitration process and fair share provisions at the expiration of an existing labor agreement with a public sector union.  Past decisions allowed a municipal employer to refuse to process a grievance to arbitration after the expiration of a labor agreement.  Unions often pursued a prohibited practice complaint in those instances when a municipal employer refused to process a grievance to arbitration.  The new legislation also prohibits a municipal employer from discontinuing fair share deductions and the processing of fair share dues, which were allowed under prior WERC decisions.  Public employers are required to continue fair share deductions and payments to the union even after the expiration of the labor agreement.  These were two tools that could be used by a municipal employer to bring pressure on the local union during contract negotiations.  These tools no longer exist. 

Second, new legislation that has not been signed by the governor (but it is anticipated that he will do so) involves the issue of preparation time for teachers.  WERC decisions have determined that preparation time (commonly called prep time) was a permissive subject of bargaining and a school employer was not required to negotiate with the local association over how much prep time would be given to a teacher as part of the educational process.  The new legislation will make prep time a mandatory subject of bargaining.  School employers will be obligated to negotiate with a local union over the amount of time, scheduling of time, and other issues that could be brought forward regarding prep time for teachers.  It is anticipated that this new legislation will be signed by the governor shortly and will be effective immediately so that it will impact the current round of negotiations between school districts and Teacher Associations.

If you have questions regarding this new legislation, please contact Dean Dietrich, the author of this article, or any of the attorneys in the Employment, Labor & Benefits Group of Ruder Ware: Ron Rutlin, Jeff Jones, Mary Ellen Schill, Chris Toner, or Sara Ackermann.

© 2009 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
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