Wisconsin Administrative Code

ERC 18.09 Findings of fact, conclusions of law and declaratory ruling. (1) ISSUANCE. After submission of the case, the commission shall make and file its findings of fact, conclusions of law and declaratory ruling. The date on which a hearing is closed, the date on which the last…

ERC 18.10 Application of declaratory ruling in prohibited practice proceedings. The findings of fact, conclusions of law and declaratory ruling shall bind all of the parties on all facts found and issues determined in the declaratory ruling in a prohibited practice proceeding pen…

ERC 18.11 Petition for rehearing. (1) RIGHT TO FILE; TIME TO FILE; CONTENTS. A petition for rehearing shall not be a prerequisite for appeal or review. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition …

ERC 19.01 Scope. This chapter governs the general procedure relating to discretionary declaratory rulings requested under s. 227.41 (2), Stats., concerning the Municipal Employment Relations Act and rules concerning its administration.

ERC 19.02 Petition. (1) WHO MAY FILE. Any interested person may file a petition requesting that the commission issue a declaratory ruling about the applicability to any person, property or state of facts of any provision of the Municipal Employment Relations Act or any rule conce…

ERC 19.03 Statement in response to petition. (1) WHO SHALL FILE. Any party named in the petition other than the petitioner may, 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 SE…

ERC 19.04 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 Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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 19.05 Motions. Practice and procedure regarding motions in discretionary declaratory ruling proceedings shall be as set forth in s. ERC 18.06.

ERC 19.06 Commission action on petition. Within a reasonable time after receipt of a petition under this chapter, the the chapter was last published. ERC 19.06 WISCONSIN ADMINISTRATIVE CODE commission may either deny the petition in writing or schedule the matter for hearing. If …

ERC 19.07 Notice of hearing. (1) WHEN ISSUED. If the commission determines that a hearing is warranted, the commission or examiner shall schedule a date and time for the hearing and serve all parties and their representatives with a notice of hearing. (2) CONTENTS. The notice of …

ERC 19.08 Hearings. Practice and procedure for hearings in discretionary declaratory ruling proceedings shall be as set forth in s. ERC 18.08.

ERC 19.09 Findings of fact, conclusions of law and declaratory ruling. Practice and procedure regarding commission issuance of findings of fact, conclusions of law and declaratory ruling in discretionary declaratory ruling proceedings shall be as set forth in s. ERC 18.09.

ERC 19.10 Effect of declaratory ruling. Unless it is altered or set aside by a court, a declaratory ruling issued under this chapter shall bind the commission and all parties to the proceedings on the facts found and issues determined by the commission.

ERC 19.11 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 2.01 Scope. This chapter governs the general procedure relating to complaints of unfair labor practices as defined in s. 111.06, Stats.

ERC 2.02 Complaint. A complaint that any employer, employee, or person has engaged in an unfair labor practice defined, respectively, in s. 111.06 (1), (2) or (3), Stats., may be filed by any party or by a representative authorized to file on behalf of a party. Practice and proce…

ERC 2.03 Answer to complaint. 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. Practice and procedure for filing and processing an answer shall be as set forth in s. ERC 12.…

ERC 2.04 Motions. Practice and procedure for motions concerning unfair labor practice complaints shall be as set forth in s. ERC 12.04. ERC 2.07 ERC 2.08 ERC 2.09 ERC 2.10 Interlocutory findings of fact, conclusions of law and order. Setting aside, modifying, changing or reversin…

ERC 2.05 Hearings. Practice and procedure for hearings concerning unfair labor practice complaints shall be as set forth in s. ERC 12.05, except that references to the XMunicipal Employment Relations ActY shall be to the XWisconsin Employment Peace Act.Y

ERC 2.06 Findings of fact, conclusions of law and order. 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 law and order to…

ERC 2.07 Interlocutory findings of fact, conclusions of law and order. The practice and procedure for interlocutory findings of fact, conclusions of law and order in unfair labor practice complaint proceedings shall be as set forth in s. ERC 12.07.

ERC 2.08 Setting aside, modifying, changing or reversing findings of fact, conclusions of law and order. The practice and procedure for setting aside, modifying, changing or reversion findings of fact, conclusions of law and order in unfair labor practice complaint proceedings sh…

ERC 2.09 Review of findings of fact, conclusions of law and order issued by examiner. Practice and procedure for commission review of findings of fact, conclusions of law and order issued by an examiner in unfair labor practice complaint proceedings shall be as set forth in s. ER…

ERC 2.10 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 20.01 Purpose and interpretation. Chapters ERC 20 to 29, 40, and 50 govern the conduct of all proceedings involving state employment relations before the Wisconsin Employment Relations Commission. As used in chs. ERC 20 to 29, 40, and 50, XState Employment Labor Relations Act…

ERC 20.02 Chapters. Chapters ERC 21 to 29, 40, and 50 contain special rules applicable to the type of proceeding described in the caption of the chapter. Chapter ERC 20 contains general rules applicable to all types of proceedings in state employment relations and shall be read i…

ERC 20.03 Resolution of conflicts. In any conflict between a general rule in ch. ERC 20 and a specific provision in chs. ERC 21 to 29, 40, or 50, the specific provision shall govern.

ERC 20.04 Definitions. Words or phrases used in this chapter which are defined in s. 111.81, Stats., have the meaning as given in s. 111.81, Stats.

ERC 20.05 Transfer, consolidation and severance of proceedings. Whenever the commission finds it necessary, in order to serve the purposes of the State Employment Labor Relations Act, or to avoid unnecessary costs or delay, it may transfer any proceeding before an examiner to ano…

ERC 20.06 Filing with the commission or with commission personnel. Practice and procedure regarding filing documents with the commission or with commission personnel shall be as set forth in s. ERC 10.06.

ERC 20.07 Service on a party or representative. Practice and procedure for service on a party or representative shall be as set forth in s. ERC 10.07.

ERC 20.08 Fee schedule. (1) COMPLAINTS. For a complaint alleging that an unfair labor practice has been committed under s. 111.84, Stats., the complaining party or parties shall pay the commission a filing fee as set forth in s. ERC 10.08 (1). (2) GRIEVANCE ARBITRATION. For a req…

ERC 20.09 Computation of time. Computation of any period of time prescribed by or allowed by chs. ERC 20 to 29, 40, or 50, or by order of the commission or individual conducting the proceeding, shall be as set forth in s. ERC 10.09.

ERC 20.10 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. Note: For the commission[s Madison office, the mailing address is 4868 High Cross…

ERC 21.01 Scope. This chapter governs the general procedure relating to elections under s. 111.83, Stats., affecting bargaining units of state employees specified in s. 111.825, Stats., or bargaining units of supervisors specified in s. 111.825 (5), Stats. This chapter also gover…

ERC 21.02 Petition for election. A petition to determine a collective bargaining representative or an appropriate collective bargaining unit may be filed by one or more state employees specified in s. 111.825, Stats., or by one or more supervisors specified in s. 111.825 (5), Sta…

ERC 21.03 Withdrawal of petition. Practice and procedure for withdrawal of an election petition shall be as set forth in s. ERC 11.03.

ERC 21.04 Stipulation for election. Where the employer, and one or more individual employees or supervisors or a labor organization acting on their behalf, and the exclusive representative, if any, of an existing unit agree that a question of representation has arisen concerning …

ERC 21.05 Commission pre-hearing action on petition. Practice and procedure regarding commission pre-hearing action on a petition for an election shall be as set forth in s. ERC 11.05. ERC 21.06 Motions. Practice and procedure regarding

ERC 21.07 Hearings. Practice and procedure regarding hearings in election proceedings shall be as set forth in s. ERC 11.07.

ERC 21.08 Direction of election or other dispositional order. Practice and procedure regarding a commission direction of election or other dispositional order in an election proceeding shall be as set forth in s. ERC 11.08.

ERC 21.09 Elections. Practice and procedure for conducting elections shall be as set forth in s. ERC 11.09, except that the statutory reference in s. ERC 11.09 (6) shall be to s. 111.83 (4), Stats.

ERC 21.10 Certification of results of election. Practice and procedure for certification of results of an election shall be as set forth in s. ERC 11.10.

ERC 21.11 Objections to election. Practice and procedure for filing objections to the conduct of an election shall be as set forth in s. ERC 11.11.

ERC 21.12 Commission action on challenges or objections. Practice and procedure for commission action on challenges or objections in election proceedings shall be as set forth in s. ERC 11.12.

ERC 21.13 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 22.01 Scope. This chapter governs the general procedure relating to complaints of state sector unfair labor practices as defined in s. 111.84, Stats.