Wisconsin Administrative Code

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 Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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…

ERC 15.03 Stipulation for referendum to determine the continuation of a fair-share. (1) WHO MAY FILE. A stipulation for a referendum to determine the continuation of a fair-share agreement may be filed by the exclusive representative and the municipal employer who are parties to …

ERC 15.04 Petition for referendum. (1) WHO MAY FILE. A petition to determine the continuation of a fair-share agreement may be filed by the municipal employer or by a labor organization, or by anyone acting on their behalf. (2) TIME FOR FILING. A petition for an initial referendu…

ERC 15.05 Showing of interest in support of petition. The petition shall be supported by a showing of interest in writing, containing the printed names and signatures of at least 30% of the employees in the collective bargaining unit involved, the dates on which the signatures we…

ERC 15.06 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 15.07 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. Upon receipt of a petition, …

ERC 15.08 Motions. Practice and procedure regarding motions in referendum proceedings shall be as set forth in s. ERC 18.06.

ERC 15.09 Hearings. Hearings shall be open to the public and limited to the litigation of and oral argument on issues of fact or law regarding whether there exists a question for resolution by referendum among the eligible employees in the unit involved. The commission or examine…

ERC 15.10 Direction of referendum or other dispositional order. As soon as possible after submission of the case, the commission shall, in writing, either direct a referendum, dismiss the petition, or make other orders regarding the disposition of the petition or stipulation. In …

ERC 15.11 Referendum. (1) NATURE OF BALLOTING; BY WHOM CONDUCTED; EXTENSION OF TIME TO CONDUCT. All referenda 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 conduct…

ERC 15.12 Certification of results of referendum. (1) WHEN ISSUED. If challenged ballots are insufficient in number to affect the results and no timely objections are filed under s. ERC 15.13, the commission shall issue to the parties a certification of the results of the referen…

ERC 15.13 Objections to referendum. (1) FILING; FORM; COPIES. Within 8 days after receiving the tally of ballots, any party may file with the commission objections to the conduct of the referendum or conduct affecting the results of the referendum. Objections shall be in writing …

ERC 15.14 Commission action on challenges or objections. (1) HEARING. If ballot challenges potentially affecting the referendum outcome or objections raise a substantial question which cannot be resolved without a hearing, the commission may issue and serve a notice of hearing co…

ERC 15.15 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 16.01 Scope. This chapter governs the general procedure relating to grievance arbitration proceedings and designation of grievance arbitrators under s. 111.70 (4) (c) 2. and (4) (cm) 4., Stats., involving collective bargaining units of municipal employees and for units of sup…

ERC 16.02 Policy. To promote the prompt, peaceful and just settlement of labor disputes arising from the interpretation or application of a collective bargaining agreement affecting terms and conditions of municipal employment in Wisconsin, the commission offers various grievance…

ERC 16.03 Request for commission-employed arbitrator. (1) FORM, FILING, FILING FEE, SERVICE. A request that the commission provide the services of a commission-employed arbitrator may be filed by the exclusive representative, the municipal employer or anyone authorized by a colle…

ERC 16.04 Commission action on request for commission-employed arbitrator. (1) ACQUIESCENCE; REFUND OF FILING FEE. If the request to initiate arbitration is filed by only one party, the arbitrator shall promptly contact the other party to the dispute to inquire as to its acquiesc…

ERC 16.05 Proceedings before commission-employed arbitrator. Proceedings before any commission-employed grievance arbitrator or grievance arbitration board chair, selected through the procedures described in this chapter, including subpoena practice, shall be as provided in ch. 7…

ERC 16.06 Request for ad hoc arbitrator not employed by the commission. (1) FORM, FILING, SERVICE. A request that the commission provide the parties with a list of one or more ad hoc arbitrators, not employed by the commission, to provide grievance arbitration services may be fil…

ERC 16.07 Commission action on request for ad hoc arbitrator. (1) DESIGNATION OF ARBITRATOR OR ISSUANCE OF PANEL. In response to a request for ad hoc arbitrator services, the commission shall, as requested, either designate the arbitrator, or submit to the parties a panel of indi…

ERC 16.08 Proceedings before ad hoc arbitrator. Proceedings before any ad hoc grievance arbitrator or grievance arbitration board chair selected through the procedures described in this chapter, including subpoena practice, shall be as provided in ch. 788, Stats. Except as otherw…

ERC 16.09 Ad hoc arbitrator[s award and report. Any ad hoc arbitrator or arbitration board chair designated by the commission or selected by the parties from a panel designated by the commission shall, after the arbitrator has submitted an award to the parties, file a copy of the…

ERC 17.01 Scope. This chapter governs the general procedure relating to clarification of municipal sector bargaining units under the Municipal Employment Relations Act to determine whether one or more positions are properly included in or excluded from an existing collective barg…

ERC 17.02 Petition for unit clarification. (1) WHO MAY FILE. A petition to determine whether one or more positions shall be included in or excluded from an existing collective bargaining unit may be filed by the exclusive representative of the bargaining unit or by the municipal …

ERC 17.03 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 17.04 Commission pre-hearing action on petition. (1) CONCILIATION. If the commission determines that further proceedings are warranted, the commission may cause an effort to reach informal settlement of all or part of a unit clarification petition to be undertaken by a commis…

ERC 17.05 Motions. Practice and procedure for motions in unit clarification proceedings shall be as set forth in s. ERC 18.06. the chapter was last published. ERC 17.06 WISCONSIN ADMINISTRATIVE CODE

ERC 17.06 Hearings. Hearings shall be open to the public and limited to the litigation of and oral argument on issues of fact or law regarding whether the existing unit described in the petition shall be clarified to include or exclude the positions referenced in the petition. Th…

ERC 17.07 Order clarifying bargaining unit or other dispositional order. Issuance; contents; publication. As soon as possible after submission of the case, the commission shall, in 2 writing, either clarify the bargaining unit or dismiss the petition, or make other orders regardi…

ERC 17.08 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 18.01 Scope. This chapter governs the general procedure relating to declaratory rulings issued under s. 111.70 (4) (b), Stats.

ERC 18.02 Petition. (1) WHO MAY FILE. A petition for the determination of a dispute concerning the duty to bargain on any subject may be filed by a municipal employer or by the exclusive collective bargaining representative of municipal employees. (2) FORM, NUMBER OF COPIES, FILI…

ERC 18.03 Statement in response to petition. (1) WHO SHALL FILE. The party other than the petitioner shall, within a time established by the commission, file with the commission a statement in response to the petition. (2) FORM, NUMBER OF COPIES, FILING AND SERVICE. The statement…

ERC 18.04 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 18.05 Stipulation for declaratory ruling. (1) WHO MAY FILE. Where a municipal employer and the exclusive representative of employees of the municipal employer in an appropriate collective bargaining unit are in dispute concerning the the chapter was last published. ERC 18.05 …