Agency overview | |
---|---|
Formed | February 14, 1978 |
Preceding agencies |
|
Dissolved | August 24, 2003 |
Superseding agencies |
|
Headquarters | 345 W. Washington Ave. Madison, Wisconsin, U.S. 43°4′17.04″N89°23′16.584″W / 43.0714000°N 89.38794000°W |
Employees | 78 (2003) [1] |
Annual budget | $14,203,300 (2003) [1] |
Website | Agency website (Archived Feb. 2003) |
The Wisconsin Department of Employment Relations was an agency of the Wisconsin state government responsible for all personnel matters in the state government, including civil service qualifications, affirmative action and non-discrimination issues, collective bargaining with state employee unions, and other human resources services.
The department was demoted from a cabinet-level agency in 2003, most of the responsibilities were transferred to the Wisconsin Department of Administration as the Office of State Employment Relations (OSER), which was subsequently converted into the Division of Personnel Management in 2015.
The Wisconsin Department of Employment Relations traced its origins back to the creation of the state Civil Service Commission by 1905 Wisconsin Act 363 . [2] It was a key piece of Governor Robert M. "Fighting Bob" La Follette's progressive era reform agenda. The Civil Service Commission implemented a civil service exam and required that future state government hiring and promotions would be determined by merit, rather than purely at the whims of the governor under the spoils system. [1]
In 1929, the Civil Service Commission was replaced by the Bureau of Personnel, which was created by 1929 Wisconsin Act 465 . [3] The Bureau remained independent until 1959, when it was folded into the new Wisconsin Department of Administration, created by 1959 Wisconsin Act 228 as part of Governor Gaylord Nelson's attempts to streamline the state bureaucracy. [1] [4] Later in that same legislative term, they enacted 1959 Wisconsin Act 509, often referred to as the "Public Employee Collective Bargaining Act", which created the right for state employee unions to bargain for benefits and compensation with the state, and entrusted that bargaining power to the Bureau of Personnel. [5] Wisconsin was the first state in the country to allow public employee unions to negotiate with state and local governments. [6]
In 1972, Governor Patrick Lucey issued an executive order creating an affirmative action unit in the Bureau of Personnel, to encourage the hiring and promotion of women and minority candidates. The order also encouraged state agencies to designate an affirmative action officer and develop an affirmative action plan. [1]
The Wisconsin Department of Employment Relations was separated from the Department of Administration and created as an independent cabinet-level department by 1977 Wisconsin Act 196 , signed by Governor Martin J. Schreiber on February 15, 1978. [7] The Department took on new responsibilities as part of Tommy Thompson's Wisconsin Works (welfare-to-work) program in the 1990s.
In 2003, new governor Jim Doyle proposed eliminating the department as part of a budget-cutting proposal. The department was formally eliminated in the state's 2003 budget, and the department ceased to exist on August 24, 2003. Most functions were transferred to the new Office of State Employment Relations (OSER) in the Wisconsin Department of Administration. The final secretary of the Department of Employment Relations was named the director of OSER. [8]
The Office's mission was radically changed by administration of Governor Scott Walker, whose signature law, 2011 Wisconsin Act 10 , ended collective bargaining rights for state employees and forbid the state government from negotiating union contracts with public employee unions. In 2015, the Office of State Employment Relations was replaced by the Division of Personnel Management. Then in 2016, Walker further amended state civil service rules, signing into law a bill to eliminate the state civil service exam. [9]
The department was led by a secretary, appointed by the governor with the advice and consent of the Wisconsin Senate. The secretary was empowered to hire and fire the administrators of the Division of Affirmative Action and the Division of Compensation and Labor Relations, at their own discretion. The administrator of the Division of Merit Recruitment and Selection required a merit-based process, and would be appointed by the governor with Senate confirmation, and would then have a guaranteed five-year term. [1]
The Division of Administrative Services managed internal department operations, including spending, accounting, information technology, personnel, payroll, procurement, planning, analysis, and preparation of the budget. [1]
The Division of Affirmative Action administered the state's equal employment opportunity and affirmative action program, and reported annually on state progress toward affirmative action goals. It set standards for state executive agencies, for the University of Wisconsin System, and for legislative service agencies, and provided technical assistance to agencies to develop and implement affirmative action plans, train supervisors on equal opportunity practices, and monitor agency programs. The division also provided staff for the state Council on Affirmative Action. [1]
The Division of Compensation and Labor Relations was responsible for developing the state employee compensation plan and policies, and ensuring state compliance with federal state and family medical leave policies. The division was also responsible for representing the state as an employer in negotiations with state labor unions, although the Legislature still had final power to ratify or reject labor contracts. They also represented the state in arbitration proceedings, conducted labor relations training programs for state employees in supervisory positions, and coordinated the state's Labor-Management Cooperation Program. [1]
The Division of Merit Recruitment and Selection was responsible for hiring most state employees, referred to as the "classified" employees—those classified as requiring civil service merit-based hiring processes. It was empowered to establish policies to ensure fair competition for civil service positions and to ensure the hiring of a qualified and diverse workforce, and to develop and administer the state's job classifications and pay ranges. To support their mission, they were tasked with developing and administering the state's civil service examinations and assessments, then provided lists of qualified candidates to the agencies for their selection. The division was also tasked with administering the state's performance evaluation program, administering layoffs and other employee status changes, investigating potential violations of civil service rules, administering the state code of ethics for classified employees, and training state agencies. The division also supported the Wisconsin City County Services program, which provided personnel support services to local government agencies for a fee, and assisted state agencies in complying with protective occupation determinations and the federal Fair Labor Standards Act. They also became responsible for the State Employment Options Program as part of the Wisconsin Works (welfare-to-work) program, to help welfare or food stamp recipients in obtaining state employment. [1]
Order | Secretary | Took office | Left office | Governor | Notes |
---|---|---|---|---|---|
1 | Linda Reivitz | 1978 | 1979 | Martin J. Schreiber | [10] |
2 | Hugh Henderson Jr. | 1979 | 1983 | Lee S. Dreyfus | [11] |
3 | Howard Fuller | 1983 | 1986 | Tony Earl | [12] [13] |
- | Peggy Howard Moore | 1986 | 1987 | Tony Earl | Acting secretary. [14] |
4 | John M. Tries | 1987 | 1988 | Tommy Thompson | [15] |
5 | Constance P. Beck | 1988 | 1991 | Tommy Thompson | [16] |
6 | Jon E. Litscher | 1991 | 1999 | Tommy Thompson | [17] |
7 | Peter D. Fox | 1999 | 2003 | Tommy Thompson | [18] |
8 | Karen E. Timberlake | 2003 | 2003 | Jim Doyle | Last secretary. [19] |
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.
The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). OSC's primary mission is the safeguarding of the merit system in federal employment by protecting employees and applicants from prohibited personnel practices (PPPs), especially reprisal for "whistleblowing." The agency also operates a secure channel for federal whistleblower disclosures of violations of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; and substantial and specific danger to public health and safety. In addition, OSC issues advice on the Hatch Act and enforces its restrictions on partisan political activity by government employees. Finally, OSC protects the civilian employment and reemployment rights of military service members under USERRA. OSC has around 140 staff, and the Special Counsel is an ex officio member of Council of Inspectors General on Integrity and Efficiency (CIGIE), an association of inspectors general charged with the regulation of good governance within the federal government.
The Civil Service Reform Act of 1978 (CSRA) reformed the civil service of the United States federal government, partly in response to the Watergate scandal (1972-74). The Act abolished the U.S. Civil Service Commission and distributed its functions primarily among three new agencies: the Office of Personnel Management (OPM), the Merit Systems Protection Board (MSPB), and the Federal Labor Relations Authority (FLRA).
The Minister responsible for the Public Service Commission is the Manitoba cabinet minister responsible for the Public Service.
The Tennessee Department of Personnel is a Cabinet-level agency within the state government of the U.S. state of Tennessee, headed by Nat E. Johnson, the Acting Commissioner of Personnel. The agency administers the employment applications process for Tennessee's state departments, assists other agencies with personnel practices, and advises the governor on personnel policy, and meeting the needs of the government's 38,000 employees in Tennessee's 95 counties. The Department is housed in the James K. Polk State Office Building.
The United States federal civil service is the civilian workforce of the United States federal government's departments and agencies. The federal civil service was established in 1871. U.S. state and local government entities often have comparable civil service systems that are modeled on the national system to varying degrees.
The Wisconsin Department of Administration (DOA) is an agency of the Wisconsin state government which provides a range of services and programs, from operations, technology, and logistical support for the state, to assistance programs for low-income homes, to state gaming. The department's services to other state agencies and offices include personnel management, payroll, accounting systems, technology solutions, and legal services. The Department is central to the state budget process, advising the Governor and state agencies on their budget submissions and analyzing solutions to fiscal problems. The Department also administers state information systems, procurement policies and contracts, fleet transportation, and risk management, and oversees buildings owned and leased by the state, facilities planning projects, and the Wisconsin Capitol Police. The Department also administers the state's compensation plan, which includes the pay and benefit administration for most state employees.
Title 5 of the United States Code is a positive law title of the United States Code with the heading "Government Organization And Employees".
The Public Service of Canada is the civilian workforce of the Government of Canada's departments, agencies, and other public bodies.
The Oklahoma Office of Personnel Management (OPM) was an agency of the government of Oklahoma which was dissolved in 2011. OPM managed the civil service of the state government. OPM previously provided comprehensive human resource services to all state agencies and employees, as well as information for individuals interested in state service careers. OPM, together with the Oklahoma Merit Protection Commission, was responsible for administering and enforcing the State Merit System.
The Wisconsin Department of Revenue (DOR) is an agency of the Wisconsin state government responsible for the administration of all tax laws, as well as valuing property and overseeing the wholesale distribution of alcoholic beverages and enforcement of liquor laws. The Department also administers the state's unclaimed property program and the state lottery.
The New York State Department of Labor is the department of the New York state government that enforces labor law and administers unemployment benefits.
The Congressional Accountability Act of 1995 (CAA), the first piece of legislation passed by the 104th United States Congress, applied several civil rights, labor, and workplace safety and health laws to the U.S. Congress and its associated agencies, requiring them to follow many of the same employment and workplace safety laws applied to businesses and the federal government. Previously, agencies in the legislative branch had been exempt from these laws. The act also established a dispute resolution procedure as an alternative to filing claims in federal court. The act is administered and enforced by the Office of Congressional Workplace Rights.
The California Department of Human Resources (CalHR) is the California government agency responsible for human resource management of state employees, including issues related to salaries and benefits, job classifications, training, and recruitment. It is part of the Government Operations Agency. CalHR was created in 2012, consolidating the former Department of Personnel Administration (DPA) with most of the operations of the State Personnel Board.
The Florida Department of Management Services (DMS) functions as the business division of the Florida government. Its primary role is to provide support to other state agencies and both current and former state employees, focusing on workforce and business-related functions. This enables these agencies and individuals to concentrate on their principal missions as stipulated by law. The motto of the agency is "We Serve Those Who Serve Florida."
A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The Whistleblower Protection Act was made into federal law in the United States in 1989.
The Wisconsin Department of Children and Families (DCF) is an agency of the Wisconsin state government responsible for providing services to assist children and families and to oversee county offices handling those services. This includes child protective services, adoption and foster care services, and juvenile justice services. It also manages the licensing and regulation of facilities involved in the foster care and day care systems, performs background investigations of child care providers, and investigates incidents of potential child abuse or neglect. It administers the Wisconsin Works (W-2) program, the child care subsidy program, child support enforcement and paternity establishment services, and programs related to the federal Temporary Assistance to Needy Families (TANF) income support program.
The Wisconsin Department of Workforce Development (DWD) is an agency of the Wisconsin state government responsible for providing services to Wisconsin workers, employers, and job-seekers to meet Wisconsin's workforce needs. To effect its mission, the Department administers unemployment benefits and workers' compensation programs for the state of Wisconsin; ensures compliance with state laws on wages and discrimination; provides job resources, training, and employment assistance for job-seekers; and engages with employers to help them find and maintain adequate staffing for their businesses.