111.93 Effect of labor organization; status of existing benefits and rights.
(1) If no collective bargaining agreement exists between the employer and a labor organization representing classified employees in a collective bargaining unit for which a representative is recognized or certified, employees in the unit shall retain the right of appeal under s. 230.44.
(2) All civil service and other applicable statutes concerning wages, fringe benefits, hours and conditions of employment apply to employees specified in s. 111.81 (7) (a) who are not included in collective bargaining units for which a representative is recognized or certified and to employees specified in s. 111.81 (7) (b) to (f) who are not included in a collective bargaining unit for which a representative is certified.
(3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), all of the following apply:
(a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.
(b) If a collective bargaining agreement exists between the employer and a labor organization representing general employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.
History: 1971 c. 270, 336; 1977 c. 196 s. 131; 1981 c. 187; 1983 a. 46, 409; 1985 a. 42; 1989 a. 13, 31; 1999 a. 101, 125; 2001 a. 16, 38; 2011 a. 10, 32; 2013 a. 20 ss. 2365m, 9448; 2013 a. 166.
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). Section 111.91 (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.
A statutory provision that is being superseded by a collective bargaining agreement under sub. (3) must relate to conditions of employment. The disclosure requirement of the public records law, s. 19.35 (1) (a), relates to informing the public about the affairs of government through the provision of public records and does not relate to conditions of employment as that term is used in sub. (3) and a bargaining agreement provision does not supersede s. 19.35 (1) (a). Milwaukee Journal Sentinel v. DOA, 2009 WI 79, 319 Wis. 2d 439, 768 N.W.2d 700, 07-1160.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 111 - Employment relations.
111.05 - Representatives and elections.
111.06 - What are unfair labor practices.
111.07 - Prevention of unfair labor practices.
111.08 - Financial reports to employees.
111.09 - Rules, orders, transcripts, training programs and fees.
111.115 - Notice of certain proposed strikes.
111.12 - Duties of the attorney general and district attorneys.
111.15 - Construction of subchapter I.
111.17 - Conflict of provisions; effect.
111.18 - Limit on payment to health care institutions.
111.19 - Title of subchapter I.
111.31 - Declaration of policy.
111.3205 - Franchisors excluded.
111.321 - Prohibited bases of discrimination.
111.322 - Discriminatory actions prohibited.
111.325 - Unlawful to discriminate.
111.33 - Age; exceptions and special cases.
111.335 - Arrest or conviction record; exceptions and special cases.
111.337 - Creed; exceptions and special cases.
111.34 - Disability; exceptions and special cases.
111.345 - Marital status; exceptions and special cases.
111.35 - Use or nonuse of lawful products; exceptions and special cases.
111.355 - Military service; exceptions and special cases.
111.36 - Sex, sexual orientation; exceptions and special cases.
111.365 - Communication of opinions; exceptions and special cases.
111.37 - Use of honesty testing devices in employment situations.
111.371 - Local ordinance; collective bargaining agreements.
111.372 - Use of genetic testing in employment situations.
111.375 - Department to administer.
111.38 - Investigation and study of discrimination.
111.39 - Powers and duties of department.
111.50 - Declaration of policy.
111.52 - Settlement of labor disputes through collective bargaining and arbitration.
111.53 - Appointment of conciliators and arbitrators.
111.55 - Conciliator unable to effect settlement; appointment of arbitrators.
111.56 - Existing state of affairs to be maintained.
111.57 - Arbitrator to hold hearings.
111.58 - Standards for arbitration.
111.59 - Filing order with clerk of circuit court; period effective; retroactivity.
111.60 - Judicial review of order of arbitrator.
111.61 - Commission to establish rules.
111.62 - Strikes, work stoppages, slowdowns, lockouts, unlawful; penalty.
111.70 - Municipal employment.
111.77 - Settlement of disputes.
111.825 - Collective bargaining units.
111.83 - Representatives and elections.
111.84 - Unfair labor practices.
111.845 - Wage deduction prohibition.
111.85 - Fair-share and maintenance of membership agreements.
111.86 - Grievance arbitration.
111.91 - Subjects of bargaining.
111.93 - Effect of labor organization; status of existing benefits and rights.
111.935 - Representatives and elections for research assistants.