Wisconsin Administrative Code

ERC 10.03 Resolution of conflicts. In any conflict between a provision of this chapter and a specific provision in chs. ERC 11 to 19, 30 to 32, 40, or 50, the specific provision shall govern.

ERC 10.04 Definitions. Words or phrases used in this chapter which are defined in s. 111.70 (1), Stats., have the meaning as given in s. 111.70 (1), Stats.

ERC 10.05 Transfer, consolidation and severance of proceedings. Whenever the commission finds it necessary, in order to serve the purposes of s. 111.70, Stats., or to avoid unnecessary costs or delay, it may transfer any proceeding before an examiner to another examiner or to the…

ERC 10.06 Filing with the commission or with commission personnel. (1) COMPLETION OF FILING WITH THE COMMISSION. Except as otherwise specifically provided in the rules chapter applicable to the document involved, filing of a document with the commission is completed when the docu…

ERC 10.07 Service on a party or representative. (1) COMPLETION OF SERVICE ON A PARTY OR REPRESENTATIVE. Ser- the chapter was last published. ERC 10.07 WISCONSIN ADMINISTRATIVE CODE vice of any document is completed when any of the following occur: (a) The document has been delive…

ERC 10.08 Fee schedule. (1) COMPLAINTS. For a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), Stats., the complaining party or parties shall pay the commission a filing fee of $100. (2) GRIEVANCE ARBITRATION. For a request that the commission…

ERC 10.09 Computation of time. In computing any period of time prescribed by or allowed by chs. ERC 10 to 19, 30 to 32, 40, or 50 or by order of the commission or individual conducting the proceeding, the day of the act, event, or default after which the designated period of time…

ERC 10.10 Forms. Lists and copies of commission forms may be obtained from the commission[s Madison office or the agency website. Note: The address of the commission[s website is http://werc.wi.gov. the chapter was last published.

ERC 11.01 Scope. This chapter governs the general procedure for filing and processing of a petition to determine a collective bargaining representative or an appropriate bargaining unit of municipal employees under s. 111.70 (4) (d), Stats., or of supervisory law enforcement or s…

ERC 11.02 Petition for election. (1) WHO MAY FILE. A petition to determine a collective bargaining representative or an appropriate collective bargaining unit may be filed by a municipal employee or law enforcement or fire fighting supervisor, or by a labor organization acting on…

ERC 11.03 Withdrawal of petition. Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission. A motion to withdraw shall be granted unless withdrawal would result in an injustice to any party.

ERC 11.04 Stipulation for election. (1) WHO MAY FILE. Where a municipal employer, and an individual municipal employee or law enforcement or fire fighting supervisor or a labor organization acting on their behalf, and the exclusive representative, if any, of an existing unit agre…

ERC 11.05 Commission pre-hearing action on petition. (1) SERVICE OF PETITION. Upon receipt of a petition, the commission shall serve a copy of the petition on all interested parties identified in the petition. (2) DETERMINATION OF SHOWING OF INTEREST. In cases in which a showing …

ERC 11.06 Motions. Practice and procedure regarding motions in election proceedings shall be as set forth in s. ERC 18.06.

ERC 11.07 Hearings. Practice and procedure regarding hearings in election proceedings shall be as set forth in s. ERC 18.08.

ERC 11.08 Direction of election or other dispositional order. As soon as possible after submission of the case, the commission shall, in writing, either direct an election, dismiss the petition, or make other orders regarding the disposition of the petition or stipulation. In cas…

ERC 11.09 Elections. (1) NATURE OF BALLOTING; BY WHOM CONDUCTED; EXTENSION OF TIME TO CONDUCT. All elections shall be conducted by secret ballot and under the supervision of the commission. The commission shall determine on a case by case basis whether balloting shall be conducte…

ERC 11.10 Certification of results of election. If challenged ballots are insufficient in number to affect the results, and no run-off election is needed, and no timely objections are filed under s. ERC 11.11, the commission shall issue to the parties a certification of the resul…

ERC 11.11 Objections to election. (1) FILING; FORM; Within 8 days after receiving the tally of ballots, any party may file with the commission objections to the conduct of the election or conduct affecting the results of the election. Objections shall be in writing and shall incl…

ERC 11.12 Commission action on challenges or objections. (1) HEARING. If ballot challenges potentially affecting the election outcome or objections raise a substantial question which cannot be resolved without a hearing, the commission may issue and serve a notice of hearing conc…

ERC 11.13 Petition for rehearing. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. Practice and…

ERC 12.01 Scope. This chapter governs the general procedure relating to complaints of prohibited practices as defined in s. 111.70 (3), Stats.

ERC 12.02 Complaint. (1) WHO MAY FILE; FORM; NUMBER OF COPIES; FILING FEE. A complaint that any municipal employer, municipal employee, or person has engaged in a prohibited practice defined, respectively, in s. 111.70 (3) (a), (b) or (c), Stats., may be filed by any party or by …

ERC 12.03 Answer to complaint. (1) WHO SHALL FILE; FORM; NUMBER OF COPIES; FAILURE TO TIMELY FILE. Each respondent named in the complaint shall file an answer to the complaint with the commission on or before the date designated in the notice of hearing. The answer shall be in wr…

ERC 12.04 Motions. (1) GENERALLY. (a) Presentation. All motions shall be made in writing, except that motions made at a hearing may be stated orally on the record, and all motions shall briefly state the order, ruling, or action sought and shall state the grounds for the motion. …

ERC 12.06 Findings of fact, conclusions of law and order. (1) ISSUANCE. After the close of the evidence and the submission of closing arguments, or on granting a motion for dismissal of a complaint, the commission or examiner shall issue written findings of fact, conclusions of l…

ERC 12.07 Interlocutory findings of fact, conclusions of law and order. The commission may, after the close of the hearing and pending the final determination by it of any controversy, make and issue interlocutory findings of fact, conclusions of law and order when doing so shall…

ERC 12.08 Setting aside, modifying, changing or reversing findings of fact, conclusions of law and order. Within 20 days from the date findings of fact, conclusions of law and order are issued, they may be set aside, modified, changed or reversed by the commission or examiner if …

ERC 12.09 Review of findings of fact, conclusions of law and order issued by examiner. (1) RIGHT TO FILE PETITION, TIME TO FILE PETITION. Within 20 days from the date a copy of the findings of fact, conclusions of law and order of an examiner was mailed to the last known address …

ERC 12.10 Petition for rehearing. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. Practice and…

ERC 13.01 Scope. This chapter governs the general procedure relating to mediation of labor disputes under s. 111.70 (4) (c) 1. and (cm) 3., Stats., involving collective bargaining units of municipal employees or units of supervisory law enforcement or supervisory fire fighter per…

ERC 13.02 Policy. To promote the prompt and peaceful settlement of labor disputes affecting terms and conditions of municipal sector employment in Wisconsin, the commission offers various mediation services involving designation of mediators to assist the parties in reaching a vo…

ERC 13.03 Request for mediation services. (1) WHO MAY FILE. A request for mediation services may be filed by a municipal employer or by the exclusive collective bargaining representative of a bargaining unit of municipal employees or by the certified or recognized negotiation rep…

ERC 13.04 Commission action on request for mediation services. (1) ACQUIESCENCE; REFUND OF FILING FEE. If the request to initiate mediation is filed by only one party, the commission shall immediately contact the other party to the dispute to inquire as to its acquiescence to med…

ERC 13.05 Mediation initiated by the commission. Where no request for mediation services has been filed, the commission may, on its own initiative, offer mediation services to the parties to a labor dispute where the commission considers it nec- 2 essary to do so to serve the pur…

ERC 13.06 Mediation proceedings. (1) NATURE. The mediator may hold separate or joint meetings with the parties or their representatives, or mediate by means of other communications with one or both parties or their representatives. Mediation meetings and mediation communications …

ERC 13.07 Report to commission. If requested by the commission, the mediator shall, either orally or in writing, report to the commission about the progress of the mediation efforts, as well as the terms of the settlement of the dispute. the chapter was last published.

ERC 14.01 Scope. This chapter governs the general procedure relating to fact-finding in municipal employment under s. 111.70 (4) (c) 3, Stats., involving municipal employees who are engaged in law enforcement and fire fighting functions in cities, villages or towns having a popul…

ERC 14.02 Petition for fact-finding. (1) WHO MAY FILE. A petition to initiate fact-finding may be filed by a municipal employer or by the exclusive collective bargaining representative of a bargaining unit of municipal employees within the scope of s. ERC 14.01. (2) FORM; NUMBER …

ERC 14.03 Withdrawal of petition; effect on filing fee. Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission. A motion to withdraw shall be granted unless withdrawal would result in an injustice to any p…

ERC 14.04 Commission investigation. (1) PURPOSE; NATURE; BY WHOM CONDUCTED. After a petition has been filed, the commission shall conduct an investigation to determine whether the parties are deadlocked after a reasonable period of negotiation. The investigation shall be conducte…

ERC 14.05 Consolidation of proceedings. The commission may consolidate fact-finding proceedings to avoid unnec- the chapter was last published. ERC 14.05 WISCONSIN ADMINISTRATIVE CODE essary costs, delay, or multiplicity of proceedings or to otherwise serve the purposes of the Mu…

ERC 14.06 Certification of results of investigation. (1) WHEN ISSUED. After consideration of either the report of the investigator conducting the informal investigation, or the record of the hearing, or both, the commission shall issue a certification of the results of the invest…

ERC 14.07 Hearing before the fact finder. (1) NOTICE OF HEARING. Following the receipt of notification of an appointment and communications with the parties, the fact finder shall issue and serve on both parties, as set forth in s. ERC 10.07, a notice of hearing specifying the da…

ERC 14.08 Fact-finding recommendations. (1) ISSUANCE. After the close of the hearing, the fact finder shall prepare and issue fact-finding recommendations. (2) CONTENTS. The fact-finding recommendations shall contain all of the following: (a) A statement of findings of fact and c…

ERC 14.09 Compensation of fact finder and other costs. The fees and expenses of the fact finder including the rental of hearing rooms, the conduct of the fact-finding hearing, and the preparation of the recommendations, shall be shared equally by the parties. The fees and expense…

ERC 14.10 Fact finder[s report of fees and expenses. After issuing recommendations or otherwise concluding service to the parties as a fact finder, the fact finder shall transmit to the commission, as set forth in s. ERC 10.06 (1), a report of the fees and expenses, if any, for w…

ERC 14.11 Notification of acceptance or rejection of recommendations of the fact finder. (1) WHO SHALL NOTIFY; WHO SHALL BE NOTIFIED. Each party involved in factfinding shall notify, in writing, the other parties and the commis- the chapter was last published. 3 EMPLOYMENT RELATI…

ERC 15.01 Scope. This chapter governs the general procedure relating to referenda with respect to municipal sector fairshare agreements under s. 111.70 (1) (f) and (2), Stats.

ERC 15.02 Stipulation for referendum seeking authorization to implement fair-share agreement. (1) WHO MAY FILE. A stipulation for a referendum to determine whether the employees in an appropriate bargaining unit favor the implementation of a fair-share agreement may be filed by t…