Section 33.10. Qualified economic offer.

 

(1)   Time for making a qualified economic offer. A municipal employer may submit a qualified economic offer to the exclusive representative at any time after the commencement of negotiations but prior to the close of the investigation.

(2)   Contents. A qualified economic offer is a proposal in which the municipal employer obligates itself to comply with the salary and fringe benefit requirements of s. 111.70 (1) (nc) , Stats., for the entirety of any collective bargaining agreement.

(3)   Existence.

(a) A qualified economic offer exists if the municipal employer submits an offer to the exclusive representative which states the following:

1. For any period of time covered by the proposed collective bargaining agreement, the municipal employer shall maintain all fringe benefits and its percentage contribution toward the cost thereof as required by s. 111.70 (1) (nc) , Stats.

2. For each 12 month period or portion which is covered by the agreement, the municipal employer shall provide the increase in salary which s. 111.70 (1) (nc) 1. , Stats., requires for the purposes of a qualified economic offer, or may provide the decrease in salary which s. 111.70 (1) (nc) 2. , Stats., allows for the purposes of a qualified economic offer.

(b) At the time it submits a qualified economic offer to the exclusive representative or 60 days prior to the stated expiration date of any existing collective bargaining agreement, whichever is earlier, the municipal employer's treasurer and superintendent or business manager shall provide the exclusive representative with completed commission qualified economic offer calculation Forms A and B. Forms A and B are appendices to this chapter. When completing Forms A and B, the treasurer and superintendent or business manager shall use all available cost and employee complement information and shall attest to the accuracy of the information. If additional cost or employee complement information becomes available, the treasurer and superintendent or business manager shall provide the exclusive representative with revised qualified economic offer calculation Forms A and B.

(4)   Procedure following submission. Except as provided in sub. (8) , the existence of a qualified economic offer does not alter the parties' obligation to engage in collective bargaining as defined in s. 111.70 (1) (a) , Stats., or the municipal employer's obligation to maintain the dynamic status quo during any contract hiatus.

(5)   Implementation of a qualified economic offer.

(a) After a reasonable period of negotiations and an investigation by the commission or its investigator, if the parties are determined to be deadlocked in their negotiations, the municipal employer may implement its qualified economic offer if no collective bargaining agreement is in effect and it maintains all other economic provisions contained in the predecessor agreement, or, where the parties are negotiating a reopener under an existing agreement, if it maintains all other economic provisions of the existing agreement except as modified only by the terms of the salary and fringe benefit qualified economic offer or as otherwise agreed to by the parties. The municipal employer shall provide the exclusive representative with at least 15 days notice of the exact manner in which the qualified economic offer shall be implemented. If possible, notice of the manner of implementation shall be given before any determination of deadlock.

(b) If the exact percentage of a qualified economic offer's salary increase or decrease is contingent upon fringe benefit costs which are not known at the time of implementation, the municipal employer may only implement the maximum possible percentage salary increase under the offer. Where the municipal employer has implemented the maximum possible percentage salary increase under its qualified economic offer, the municipal employer may retroactively implement the exact salary increase or decrease of the qualified economic offer once fringe benefit costs are known.

(c) The municipal employer may require professional school district employees to reimburse the municipal employer for the difference between the exact implemented salary increase or decrease and any previously implemented increase and for the difference between any implemented increase or decrease and any salary increase received during a contract hiatus. Except as the parties otherwise agree, to complete any reimbursement, the municipal employer shall withhold the prorated amount necessary from each remaining employee paycheck which shall be received prior to expiration of the bargaining agreement or an employee's cessation of employment, whichever occurs first.

(6)   Motion to review implementation. Any claim that the salary and fringe benefits have been or shall be implemented in a manner inconsistent with s. 111.70 (1) (nc) , Stats., and this chapter shall be filed by the exclusive representative with the commission as a motion to review implementation. A motion to review implementation shall specify the basis for the moving party's claim and the remedy the moving party is requesting the commission to order. Following any necessary hearing and receipt of any necessary written or oral argument, the commission shall issue a written decision determining whether the municipal employer's proposed or actual implementation is or was consistent with s. 111.70 (1) (nc), Stats. , and this chapter. If the commission determines that any implementation was not consistent with s. 111.70 (1) (nc) , Stats., and this chapter, the commission shall order the municipal employer to comply with s. 111.70 (1) (nc) , Stats., and this chapter, and to take appropriate action including reimbursement to the municipal employer of excess salary payments in the same manner specified in sub. (5) and payment to employees of any monies owed with interest at the rate established by s. 814.04 , Stats. The pendency of a motion to review implementation does not bar a municipal employer from implementing its qualified economic offer.

(7)   Additional obligation following implementation. Except as provided in sub. (8) , the municipal employer's implementation of a qualified economic offer under this section shall not relieve the parties of their mutual obligation to reach agreement and stipulate to agreement on all economic issues under s. 111.70 (4) (cm) 5s. , Stats., before any unresolved noneconomic issues are subject to interest arbitration under this chapter.

(8)   Agreement by operation of law. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate s. 111.70 (3) (a) 4. , Stats. Any such unilateral implementation during the 90-day period prior to expiration of the period included within a qualified economic offer operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of an exclusive representative to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under s. 111.70 (4) (cm) 6. , Stats.

CR 02-037 : r. and recr. Register June 2006 No. 606 , eff. 7-1-06.

Note

Note: Section 111.70 (1) (nc), Stats., was repealed effective 7-1-09, as to collective bargaining agreements with a term beginning July 1, 2009. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 111.70 (1) (nc), Stats., was repealed effective 7-1-09 , as to collective bargaining agreements with a term beginning July 1, 2009 . Microsoft Windows NT 6.1.7601 Service Pack 1 Section 111.70 (1) (nc), Stats., was repealed effective 7-1-09 , as to collective bargaining agreements with a term beginning July 1, 2009 . Microsoft Windows NT 6.1.7601 Service Pack 1 Section 111.70 (4) (cm) 5s., Stats., was repealed effective 7-1-09 , as to collective bargaining agreements with a term beginning July 1, 2009 . Microsoft Windows NT 6.1.7601 Service Pack 1