Wisconsin Administrative Code

ERC 28.10 Effect of declaratory ruling. The effect of a discretionary declaratory ruling issued under this chapter shall be as set forth in s. ERC 19.10.

ERC 28.11 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 29.01 Scope. This chapter governs the procedure for filing and processing of a petition filed on or after July 1, 2010, under s. 111.935, Stats., to determine a collective bargaining representative for unrepresented research assistants in a bargaining unit defined in s. 111.8…

ERC 29.02 Petition for certification based on authorization card majority. (1) WHO MAY FILE. A petition to determine a collective bargaining representative for a bargaining unit of unrepresented research assistants may be filed by a labor organization. (2) FORM, NUMBER OF COPIES,…

ERC 29.03 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 Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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 29.04 Commission action on petition. (1) SERUpon receipt of a petition, the commission shall serve a copy of the petition on all interested parties identified in the petition. (2) DETERMINATION OF AUTHORIZATION CARD MAJORITY. (a) The commission shall determine whether the aut…

ERC 29.05 Objections to determination. (1) FILING; FORM; COPIES. Within 8 days after the commission[s issuance of its determination and tally, any party may file with the commission objections to the conduct of the determination or to conduct affecting the results of the determin…

ERC 29.07 Certification of results of determination. (1) WHEN ISSUED. If no timely objections are filed, or after disposition of any timely-filed objections, the commission shall issue a certification of the results of its determination based on authorization cards. (2) CONTENTS.…

ERC 29.08 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 ERC 29.08 supporting authorities. Pr…

ERC 3.01 Scope. This chapter governs the general procedure for filing and processing of a petition to determine a collective bargaining representative or an appropriate collective bargaining unit under s. 111.05, Stats., involving employees of private sector employers.

ERC 3.02 Petition for election. A petition for a representation or unit-determination election may be filed by an employee or employees, or by a labor organization acting on their behalf, or by the employer or anyone authorized to act on its behalf. Practice and procedure for fil…

ERC 3.03 Withdrawal of petition. Practice and procedure for withdrawal of an election petition shall be as set forth in s. ERC 11.03.

ERC 3.04 Stipulation for election. Where an employer, and one or more individual employees or a labor organization acting on their behalf, and the exclusive representative, if any, of an existing unit agree that a question of representation or unit determination has arisen concer…

ERC 3.05 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 3.06 Motions. Practice and procedure concerning

ERC 3.07 Hearings. Practice and procedure concerning hearings in election proceedings shall be as set forth in s. ERC 11.07.

ERC 3.08 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 3.09 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. 111.05, Stats.

ERC 3.10 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 3.11 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 3.12 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 3.13 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 30.01 Scope. This chapter governs the general procedure relating to arbitration proceedings and the appointment of arbitrators to resolve disputes under s. 111.77, Stats., in collective bargaining involving law enforcement supervisors employed by a county having a population …

ERC 30.02 Policy. The policy of the state is to promote the prompt, peaceful and just resolution of labor disputes arising in collective bargaining affecting wages, hours and conditions of employment of applicable fire fighting and law enforcement personnel in the employ of the a…

ERC 30.03 Petition to initiate final and binding arbitration. (1) WHO MAY FILE. When an applicable municipal employer and the recognized or certified collective bargaining representative of applicable fire fighter or law enforcement personnel have reached an impasse in their coll…

ERC 30.04 Withdrawal of petition; effect on filing fee. A 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 par…

ERC 30.05 Stipulation to initiate final and binding arbitration. (1) WHO MAY FILE. When an applicable municipal employer and the recognized or certified collective bargaining the chapter was last published. ERC 30.05 WISCONSIN ADMINISTRATIVE CODE representative of applicable fire…

ERC 30.06 Withdrawal of stipulation; effect on filing fee. A stipulation 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 a…

ERC 30.07 Pre-investigation procedure. After a petition or stipulation has been filed, unless the parties have agreed in writing on another procedure, the commission shall assign a commission-employed investigator who shall, after conferring with the parties, set a date, time and…

ERC 30.08 Informal investigation or formal hearing. (1) PURPOSE. After a petition or stipulation has been filed, the commission shall conduct an investigation to determine whether the parties are at an impasse in their negotiations after a reasonable period of negotiation. The in…

ERC 30.09 Final offers. (1) CONTENTS GENERALLY. Final offers shall contain proposals relating only to mandatory subjects of bargaining, except either final offer may contain proposals relating to permissive subjects of bargaining if there is no timely objection under s. ERC 30.10…

ERC 30.10 Procedure for raising objection that a proposal is a non-mandatory subject of bargaining. (1) TIME FOR RAISING OBJECTION. Any objection that a proposal is a non-mandatory subject of bargaining may be raised at any time after the commencement of negotiations, but prior t…

ERC 30.11 Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining. (1) WHO MAY FILE. Either party may file a petition, or both of the parties may file a stipulation, to initiate a declaratory ruling …

ERC 30.12 Certification of results of investigation or hearing, or certification based on stipulation. (1) WHEN ISSUED. After consideration of either the report of the informal investigation, or the record adduced in the formal hearing, or the parties[ stipulation to waive the in…

ERC 30.14 Arbitration hearing. (1) NOTICE OF HEARFollowing the receipt of notification of appointment, the chairperson of the board of arbitration, or the single arbitrator shall serve, as set forth in s. ERC 10.07, each of the parties and the other members of the board of arbitr…

ERC 30.15 Proceedings before the arbitrator. The arbitration proceedings shall be governed by ch. 788, Stats., except as specifically provided in s. 111.77, Stats. Nothing in this chapter is intended to preclude the arbitrator from using best efforts to encourage the parties to r…

ERC 30.16 Issuance of award. The arbitrator shall issue the arbitration award in writing as expeditiously as possible following the receipt of final arguments or briefs. If the award is issued by a board of arbitration each arbitrator shall sign the award, either affirming or dis…

ERC 30.17 Costs. The fees and expenses of the arbitrator including the rental of hearing rooms, the conduct of the hearing, and the preparation of the award, shall be shared equally by the parties. The fees and expenses charged by the arbitrator shall not exceed those described i…

ERC 30.18 Enforcement or modification of award. Standards and procedures for enforcement or modification of awards issued under s. 111.77, Stats., shall be as provided in ch. 788, Stats. the chapter was last published.

ERC 31.01 Scope. This chapter governs the procedure relating to interest arbitration under s. 111.70 (4) (jm), Stats., affecting bargaining units of municipal employees employed by police departments of 1st class cities as defined in ss. 62.05 and 990.001 (15), Stats.

ERC 31.02 Policy. The policy of the state is to encourage voluntary settlement of labor disputes in municipal employment through the procedures of collective bargaining. If the procedures fail, the parties should have available to them a fair, speedy, effective, and above all, pe…

ERC 31.03 Petition to initiate arbitration. (1) WHO MAY FILE. A petition to initiate arbitration may be filed by a municipal employer or the exclusive representative of municipal employees in a bargaining unit described in s. ERC 31.01 or anyone authorized to act on their behalf.…

ERC 31.04 Stipulation to initiate arbitration. (1) WHO MAY FILE. A stipulation to initiate arbitration may be filed by a municipal employer and the exclusive representative of municipal employees in a bargaining unit described in s. ERC 31.01, or anyone authorized to act on their…

ERC 31.05 Withdrawal of petition or stipulation; effect on filing fee. A petition or stipulation 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 res…

ERC 31.06 Informal investigation or formal hearing. (1) PURPOSE. After a petition or stipulation has been filed, the commission shall conduct an investigation to determine whether the parties have reached an impasse on matters relating to wages, hours and conditions of employment…

ERC 31.07 Final offers. (1) CONTENTS GENERALLY. Final offers shall contain proposals relating only to wages, hours and conditions of employment or other matters subject to arbitration under s. 111.70 (4) (jm) 4., Stats., except either final offer may contain proposals relating to…

ERC 31.08 Procedures for raising objection that a proposal is a non-mandatory subject of bargaining. In proceedings under this chapter, practice and procedure for raising an objection that a proposal is a non-mandatory subject shall be as set forth in s. ERC 30.10.

ERC 31.09 Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining. In proceedings under this chapter, practice and procedure regarding a petition or stipulation to initiate a declaratory ruling proce…

ERC 31.10 Certification of results of investigation or hearing, or certification based on stipulation. (1) WHEN ISSUED. After consideration of its own investigation or the report of the investigator, or the record adduced in the formal hearing, or a stipulation of the parties to …

ERC 31.12 Proceedings before the arbitrator. (1) GENERALLY. The arbitration proceedings shall be governed by ch. 788, Stats., except as specifically provided in s. 111.70 (4) (jm), Stats. Except as otherwise required by commission rules, proceedings before the arbitrator shall be…

ERC 31.13 Costs. The fees and expenses of the arbitrator including the rental of hearing rooms, the conduct of the hearing, and the preparation of the award, shall be shared equally by the parties. The fees and expenses charged by the arbitrator shall not exceed those described i…