Wisconsin Administrative Code

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.

ERC 22.02 Complaint. A complaint that the employer, an employee, or a person has engaged in an unfair labor practice defined, respectively, in s. 111.84 (1), (2) or (3), Stats., may be filed by any party or by a representative authorized to file on behalf of a party in interest. …

ERC 22.03 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 22.04 Motions. Practice and procedure for motions concerning unfair labor practice proceedings shall be as set forth in s. ERC 12.04.

ERC 22.05 Hearings. Practice and procedure for hearings concerning unfair labor practice complaints shall be as set forth in s. ERC 18.08, except that references to the XMunicipal Employment Relations ActY shall be to the XState Employment Labor Relations Act.Y ERC 22.07 ERC 22.0…

ERC 22.06 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 t…

ERC 22.07 Interlocutory findings of fact, conclusions of law and order. 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 22.08 Setting aside, modifying, changing or reversing findings of fact, conclusions of law and order. Practice and procedure for setting aside, modifying, changing or reversing findings of fact, conclusions of law and order in unfair labor practice complaint proceedings shall…

ERC 22.09 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. E…

ERC 22.10 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 23.01 Scope. This chapter governs the general procedure relating to grievance arbitration proceedings and designation of grievance arbitrators under s. 111.86, Stats., affecting bargaining units of state employees specified in s. 111.825, Stats., or bargaining units of superv…

ERC 23.02 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 state employment in Wisconsin, the commission offers various grievance arb…

ERC 23.03 Request for commission-employed arbitrator. 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 collective bargaining agreement to submit di…

ERC 23.04 Commission action on request for commission-employed arbitrator. Practice and procedure for commission action on a request for services of a commission-employed arbitrator shall be as set forth in s. ERC 16.04.

ERC 23.05 Proceedings before commission-employed arbitrator. Practice and procedure for proceedings before a commission-employed arbitrator shall be as set forth in s. ERC 16.05.

ERC 23.06 Request for ad hoc arbitrator not employed by the commission. 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 filed by the exclusive represe…