118.245 Referendum; increase in employee wages.
(1) If a school board wishes to increase the total base wages of its employees in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.
(2) The question submitted in the referendum shall be substantially as follows: “Shall the employees in the .... [school district] receive a total increase on wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"
History: 2011 a. 10.
This section does not violate the plaintiffs' associational rights. No matter the limitations or burdens a legislative enactment places on the collective bargaining process, collective bargaining remains a creation of legislative grace and not constitutional obligation. The restrictions attached to the statutory scheme of collective bargaining are irrelevant in regards to freedom of association because no condition is being placed on the decision to participate. If a general employee participates in collective bargaining under 2011 Wis. Act 10's statutory framework, that general employee has not relinquished a constitutional right. They have only acquired a benefit to which they were never constitutionally entitled. Madison Teachers, Inc. v. Walker, 2014 WI 99, 358 Wis. 2d 1, 851 N.W.2d 337, 12-2067.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 118 - General school operations.
118.001 - Duties and powers of school boards; construction of statutes.
118.01 - Educational goals and expectations.
118.015 - Reading instruction.
118.016 - Assessments of reading readiness.
118.017 - Foreign language instruction.
118.019 - Human growth and development instruction.
118.02 - Special observance days.
118.025 - Arbor day observance.
118.045 - Commencement of school term.
118.05 - School conservation camps.
118.06 - Flag, pledge of allegiance, and national anthem.
118.07 - Health and safety requirements.
118.075 - Indoor environmental quality in schools.
118.076 - Lifesaving skills instruction.
118.08 - School zones; crossings.
118.10 - School safety patrols.
118.105 - Control of traffic on school premises.
118.12 - Sale of goods and services at schools.
118.123 - Reports and records; forfeitures.
118.126 - Privileged communications.
118.127 - Law enforcement agency information.
118.13 - Pupil discrimination prohibited.
118.133 - Participation in interscholastic athletics and extracurricular activities.
118.134 - Race-based nicknames, logos, mascots, and team names.
118.135 - Eye examinations and evaluations.
118.14 - Age of pupils; phase in of 4-year-old kindergarten.
118.145 - Admission to high school.
118.15 - Compulsory school attendance.
118.153 - Children at risk of not graduating from high school.
118.155 - Released time for religious instruction.
118.16 - School attendance enforcement.
118.162 - Truancy committee and plan.
118.163 - Municipal truancy and school dropout ordinances.
118.164 - Removal of pupils from the class.
118.167 - Private school determination by state superintendent.
118.169 - Pupil identification.
118.175 - Pupils without parents or guardians; report required.
118.19 - Teacher certificates and licenses; administrator and pupil services professional licenses.
118.191 - Experience-based licensure for technical and vocational education subjects.
118.1915 - Licensure for Junior Reserve Officer Training Corps instructors.
118.192 - Professional teaching permits.
118.193 - Licenses based on reciprocity.
118.194 - Initial license to teach; Montessori.
118.195 - Discrimination against handicapped teachers prohibited.
118.196 - Teacher development program.
118.197 - Initial license to teach; alternative preparation programs.
118.20 - Teacher discrimination prohibited.
118.22 - Renewal of teacher contracts.
118.223 - Collective bargaining.
118.225 - Teacher evaluations.
118.23 - Populous counties; teacher tenure.
118.235 - Lunch period for teachers.
118.24 - School district administrator.
118.245 - Referendum; increase in employee wages.
118.257 - Liability for referral to police.
118.258 - Electronic communication devices prohibited.
118.26 - Claim against school district.
118.28 - Community action agencies.
118.29 - Administration of drugs and emergency care.
118.291 - Asthmatic pupils; possession and use of inhalers.
118.292 - Possession and use of epinephrine.
118.2925 - Life-threatening allergies in schools; use of epinephrine.
118.293 - Concussion and head injury.
118.2935 - Sudden cardiac arrest; youth athletic activities.
118.295 - Suicide intervention; civil liability exemption.
118.301 - Alternative pupil assessments.
118.305 - Use of seclusion and physical restraint.
118.32 - Strip search by school employee.
118.33 - High school graduation standards; criteria for promotion.
118.34 - Technical preparation programs.
118.35 - Programs for gifted and talented pupils.
118.38 - Waivers of laws and rules.
118.42 - Low-performing school districts and schools; state superintendent interventions.
118.43 - Achievement guarantee contracts; state aid.
118.44 - Achievement gap reduction; state aid.
118.45 - Tests for alcohol use.
118.51 - Full-time open enrollment.
118.52 - Part-time open enrollment.
118.53 - Attendance by pupils enrolled in a home-based private educational program.
118.55 - Early college credit program.
118.56 - Work based learning programs.
118.60 - Parental choice program for eligible school districts and other school districts.