Wisconsin Administrative Code

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 A petition or stipulation may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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

ERC 31.14 Enforcement or modification of award. Standards and procedures for enforcement or modification of awards issued under s. 111.70 (4) (jm), Stats., shall be as provided in s. 111.70 (4) (jm) 11., Stats. the chapter was last published.

ERC 32.01 Scope. This chapter governs the procedure relating to collective bargaining and interest arbitration under s. 111.70 (4) (cm), Stats., affecting bargaining units of municipal employees other than law enforcement and fire fighting personnel.

ERC 32.02 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, pea…

ERC 32.03 Notice of commencement of negotiations. (1) WHO SHALL FILE. Whenever a municipal employer or the exclusive collective bargaining representative of a bargaining unit of municipal employees requests to reopen negotiations under a binding collective bargaining agreement, o…

ERC 32.04 Voluntary impasse resolution procedure. (1) WHO SHALL FILE; NUMBER OF COPIES; FILING; SERVICE. Whenever a municipal employer and the recognized or certified exclusive representative of a bargaining unit of the municipal employer[s employees agree in writing to a dispute…

ERC 32.05 Petition to initiate arbitration. (1) WHO MAY FILE. A petition to initiate arbitration may be filed by a municipal employer, a recognized or certified collective bargaining representative of municipal employees in a bargaining unit described in s. ERC 32.01, or by anyon…

ERC 32.06 Stipulation to initiate arbitration. (1) WHO MAY FILE. A stipulation to initiate arbitration may be filed by a municipal employer and a collective bargaining representative of municipal employees in a bargaining unit described in s. ERC 32.01, or by anyone authorized to…

ERC 32.07 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 32.08 Pre-investigation procedure. After a petition or stipulation has been filed, the commission or a commission-employed investigator shall conduct an investigation with respect to the petition or stipulation, by means of either an informal investigation or a formal hearing…

ERC 32.09 Informal investigation or formal hearing. (1) PURPOSE. The purpose of the investigation shall be to determine whether the parties are deadlocked in their negotiations after a reasonable period of negotiation. If it is determined that the parties are deadlocked, the comm…

ERC 32.10 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 32.11…

ERC 32.11 Procedure 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 of bargaining shall be as set forth in s. ERC 30.10.

ERC 32.12 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 32.13 Certification of results of investigation or hearing, or certification based on stipulation. (1) WHEN ISSUED. After consideration of the report of the investigation or of the parties[ stipulation to waive the investigation, the commission shall issue a certification det…

ERC 32.15 Proceedings before the arbitrator. (1) NOTICE OF ARBITRATION HEARING. The arbitrator shall within 10 days of his or her formal appointment, establish the date, time and place for the arbitration hearing and shall issue and serve upon the parties, as set forth in s. ERC …

ERC 32.16 Enforcement of the award. (1) PROCEIf either party refuses or otherwise fails to implement an interest arbitration award lawfully made by failing to incorporate it into a written collective bargaining agreement, the other party may file a complaint of prohibited practic…

ERC 32.17 Modification of award. If, in a proceeding for enforcement, it is determined that an interest arbitration award is lawfully made, but that the award requires modification or correction, the commission shall issue an order modifying or correcting the award. An interest a…

ERC 32.18 Procedure following court injunction of a strike posing an imminent threat to public health or safety. (1) NEW FINAL OFFERS. Following the issuance of a court order enjoining a strike which poses an imminent threat to the public health and safety, and under the order of…

ERC 32.19 Information. Parties subject to s. 111.70 (4) (cm), Stats., shall, upon request, provide the commission with information the commission deems necessary to meet its statutory responsibilities to report on the operation of the arbitration law under s. 111.70 (4) (cm), Sta…

ERC 40.01 Policy. To promote labor peace, the commission maintains a roster of individuals, not employed by the commission, who are available to serve as fact finders, grievance arbitrators, and interest arbitrators in statutory and contractual dispute resolution processes concer…

ERC 40.02 Qualifications for admission to roster. The roster shall be limited to individuals who are competent and willing to participate in grievance arbitration, interest arbitration and fact-finding. The qualifications used by the commission for admission to and continued serv…

ERC 40.03 Application for admission to roster. (1) APPLICATION FORM; SUBMISSION; CONSIDERATION. Qualified individuals who are interested in being admitted by the commission to the roster may obtain an application form from the commission. The completed application along with writ…

ERC 40.05 On-going requirements of roster members. (1) UPDATES OF BIOGRAPHICAL AND FEE INFORMATION. Roster members shall file an updated biographical and fee information statement when material changes in that information occur and shall keep the commission informed about any mat…

ERC 40.06 Roster administration. (1) SEPARATE INSTATE AND OUT-OF-STATE ROSTERS; SIZE OF ROSTERS. Separate in-state and out-of-state rosters shall be maintained so that the size of each roster does not ordinarily exceed fifty (50) members. Notwithstanding the fifty (50) member lim…

ERC 5.01 Scope. This chapter governs the general procedure relating to grievance arbitration proceedings and designation of grievance arbitrators under s. 111.10, Stats.

ERC 5.02 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 private sector employment in Wisconsin, the commission offers various griev…

ERC 5.03 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 employer or anyone authorized by a collective bargaining agreement to submit disputes to g…

ERC 5.04 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 5.06 ERC 5.07 ERC 5.08 ERC 5.09 Request for ad hoc arbit…

ERC 5.05 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 5.06 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 represent…

ERC 5.07 Commission action on request for ad hoc arbitrator. Practice and procedure for commission action on a request for services of an ad hoc arbitrator shall be as set forth in s. ERC 16.07.

ERC 5.08 Proceedings before ad hoc arbitrator. Practice and procedure for proceedings before an ad hoc arbitrator shall be as set forth in s. ERC 16.08.

ERC 5.09 Ad hoc arbitrator[s award and report. Practice and procedure regarding an ad hoc arbitrator[s award and report shall be as set forth in s. ERC 16.09. the chapter was last published.

ERC 50.01 Scope. This chapter governs the general procedure relating to the provision of training programs under ss. 111.09 (3), 111.71 (5) and 111.94 (3), Stats., to employers, employer associations and labor organizations on collective bargaining, and on areas of management and…

ERC 50.02 Policy. To promote the prompt and peaceful settlement of labor disputes affecting terms and conditions of employment in Wisconsin, the commission offers various training programs to employers and labor organizations on collective bargaining, and on areas of management a…