Wisconsin Administrative Code

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 A petition or stipulation may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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

ERC 50.03 Request for labor-management cooperation services. (1) PRE-REQUEST PROCEDURES. Any representative of an employer, employer association or labor organization interested in obtaining commission labor-management cooperation services may contact the agency[s Coordinator of …

ERC 50.04 Commission action on request for labor-management cooperation services. (1) PROGRAM APPROVAL DETERMINATION. Following receipt of a request for labor-management cooperation services, the commission or its designee shall determine whether, when, to what extent and at what…

ERC 50.05 Labor-management cooperation program activities. (1) NATURE. The trainer and facilitator may hold separate or joint meetings with the parties or their representatives, or train or facilitate by means of other communications with one or both parties or their representati…

ERC 50.06 Costs of labor management cooperation services. The fees and expenses charged for participation in labor-management cooperation programs shall be reasonable and consistent with those charged by the commission during the same time period for other labor management cooper…

ERC 50.07 Report to commission. If requested by the commission, the trainer and facilitators shall, either orally or in writing, report to the commission about the progress of the training and facilitation, as well as the terms of the settlement of disputes resolved during the co…

ERC 6.01 Scope. This chapter governs the general procedure relating to mediation of private sector labor disputes between employees or their representatives, and employers or their representatives under s. 111.11, Stats.

ERC 6.02 Policy. To promote the prompt and peaceful settlement of labor disputes affecting terms and conditions of private sector employment in Wisconsin, the commission offers various mediation services involving designation of mediators to assist the parties in reaching a volun…

ERC 6.03 Request for mediation services. A request for mediation services may be filed by a employer or by the exclusive collective bargaining representative of a bargaining unit of employees, or by anyone authorized to act on their behalf. Practice and procedure for filing a req…

ERC 6.04 Commission action on request for mediation services. Practice and procedure for commission action on a request for mediation services shall be as set forth in s. ERC 13.04.

ERC 6.05 Mediation initiated by the commission. Practice and procedure for mediation initiated by the commission shall be as set forth in s. ERC 13.05, except that the reference to the XMunicipal Employment Relations ActY shall be to the XWisconsin Employment Peace Act.Y

ERC 6.06 Mediation proceedings. Practice and procedure in mediation proceedings shall be as set forth in s. ERC 13.06.

ERC 6.07 Report to commission. Practice and procedure regarding a report to the commission by the mediator shall be as set forth in s. ERC 13.07. the chapter was last published.

ERC 7.01 Scope. This chapter governs the general procedure relating to clarification of private sector bargaining units under the Wisconsin Employment Peace Act to determine whether one or more positions are properly included in or excluded from an existing collective bargaining …

ERC 7.02 Petition for unit clarification. 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 employer or by an authorized …

ERC 7.03 Withdrawal of petition. Practice and procedure for withdrawal of a petition for unit clarification shall be as set forth in s. ERC 17.03.