Wisconsin Administrative Code

ERC 7.04 Commission pre-hearing action on petition. Practice and procedure for commission pre-hearing action on a petition for unit clarification shall be as set forth in s. ERC 17.04.

ERC 7.05 Motions. Practice and procedure for motions in unit clarification proceedings shall be as set forth in s. ERC 18.06.

ERC 7.06 Hearings. Practice and procedure for hearings in unit clarification proceedings shall be as set forth in s. ERC 17.06, except that references to the XMunicipal Employment Relations ActY shall be to the XWisconsin Employment Peace Act.Y

ERC 7.07 Order clarifying bargaining unit or other dispositional order. Practice and procedure regarding commission issuance of an order clarifying bargaining unit or other dispositional order in a unit clarification proceeding shall be as set forth in s. ERC 17.07.

ERC 7.08 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 supporting authorities. Practice and …

ERC 70.01 Policy. This chapter implements the portion of s. 111.70 (4) (d) 3. b., Stats., requiring the commission to conduct an annual election, no later than December 1, to determine whether collective bargaining representation shall continue for represented municipal sector ge…

ERC 70.02 Scope. (1) BARGAINING UNITS COVERED. This chapter applies only to bargaining units of general municipal employees as defined in s. 111.70 (1) (fm), Stats., who, as of September 15, are all of the following: ERC 70.08 ERC 70.09 ERC 70.10 ERC 70.11 ERC 70.12 Certification…

ERC 70.03 Petition for election. (1) WHO MAY FILE. A petition for an annual election to determine whether a represented municipal sector general school district employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed by the…

ERC 70.04 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 Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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. If the sole pend…

ERC 70.05 Action following filing of petition. (1) FURNISHING OF PERSONNEL DATA BY MUNICIPAL EMPLOYER. Within 10 days of its receipt of the petition pursuant to s. ERC 70.03 (3), the municipal employer shall furnish to the commission in an electronically sortable format an alphab…

ERC 70.07 Elections. (1) NATURE OF BALLOTING; BY WHOM CONDUCTED; EXTENSION OF TIME TO CONDUCT. All elections shall be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission. The commission shall determine on a case …

ERC 70.08 Certification of results of election. If challenged ballots are insufficient in number to affect the results, no runoff election is needed, and no timely objections are filed under s. ERC 70.09, the commission shall issue to the parties a certification of the results of…

ERC 70.09 Objections to election. (1) FILING; FORM; Within 8 days after receiving the tally of ballots, any party may file with the commission objections to conduct affectCOPIES. ERC 70.12 ing the results of the election. Objections shall be in writing and shall include the signa…

ERC 70.10 Commission action on challenges or objections. (1) HEARING. If challenges to voter eligibility or objections to election conduct may affect the election outcome and cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning t…

ERC 70.11 Consequences of failure to achieve support of 51 percent of those eligible to vote in the annual certification election. If no representative is ultimately supported by a minimum of 51 percent of the employees eligible to vote, the commission shall issue a certification…

ERC 70.12 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 71.01 Policy. This chapter implements the portion of s. 111.70 (4) (d) 3. b., Stats., requiring the commission to conduct an annual election, no later than May 1, to determine whether collective bargaining representation shall continue for represented municipal sector general…

ERC 71.02 Scope. (1) BARGAINING UNITS COVERED. This chapter applies only to bargaining units of general municipal employees as defined in s. 111.70 (1) (fm), Stats., who, as of January 30, are all of the following: (a) Nonschool district employees. (b) Represented by an exclusive…

ERC 71.03 Petition for election. (1) WHO MAY FILE. A petition for an annual election to determine whether a represented municipal sector general employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed by the exclusive repre…

ERC 71.04 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. If the sole pend…

ERC 71.05 Action following filing of petition. (1) FURNISHING OF PERSONNEL DATA BY MUNICIPAL EMPLOYER. Within 10 days of its receipt of the petition pursuant to s. ERC 71.03 (3), the municipal employer shall furnish the commission in an electronically sortable format an alphabeti…

ERC 71.06 Direction of election or other dispositional order. As soon as possible after receipt and service of the personnel data, the commission shall, in writing, either direct an election, dismiss the petition, or make other orders regarding the disposition of the petition. In…

ERC 71.07 Elections. (1) NATURE OF BALLOTING; BY WHOM CONDUCTED; EXTENSION OF TIME TO CONDUCT. All elections shall be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission. The commission shall determine on a case …

ERC 71.08 Certification of results of election. If challenged ballots are insufficient in number to affect the results, no runoff election is needed, and no timely objections are filed under s. ERC 71.09, the commission shall issue to the parties a certification of the results of…

ERC 71.09 Objections to election. (1) FILING; FORM; Within 8 days after receiving the tally of ballots, any party may file with the commission objections to conduct affecting the results of the election. Objections shall be in writing and shall include the signature or a facsimil…

ERC 71.10 Commission action on challenges or objections. (1) HEARING. If challenges to voter eligibility or objections to election conduct may affect the election outcome and cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning t…

ERC 71.11 Consequences of failure to achieve support of 51 percent of those eligible to vote in the annual certification election. If no representative is ultimately supported by a minimum of 51 percent of the employees eligible to vote, the commission shall issue a certification…

ERC 71.12 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 80.01 Policy. This chapter implements the portion of s. 111.83 (3) (b), Stats., requiring that the commission conduct an annual election no later than December 1, to determine whether collective bargaining representation shall continue for represented state sector general emp…

ERC 80.02 Scope. (1) BARGAINING UNITS COVERED. This chapter applies only to bargaining units that are all of the following: ERC 80.08 ERC 80.09 ERC 80.10 ERC 80.11 ERC 80.12 Certification of results of election. Objections to election. Commission action on challenges or objection…

ERC 80.03 Petition for election. (1) WHO MAY FILE. A petition for an annual election to determine whether a represented state sector general employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed only by the exclusive repr…

ERC 80.04 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. If the sole pend…

ERC 80.05 Action following filing of petition. (1) FURNISHING OF PERSONNEL DATA BY STATE EMPLOYER. Within 10 days of its receipt of the petition pursuant to s. ERC 80.03 (3), the state employer shall furnish the commission in an electronically sortable format an alphabetical list…

ERC 80.06 Direction of election or other dispositional order. As soon as possible after receipt and service of the personnel data, the commission shall, in writing, either direct an election, dismiss the petition, or make other orders regarding the disposition of the petition. In…

ERC 80.07 Elections. (1) NATURE OF BALLOTING; BY WHOM CONDUCTED; EXTENSION OF TIME TO CONDUCT. All elec- History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14. tions shall be conducted by secret ballot and under the supervision of the…

ERC 80.08 Certification of results of election. If challenged ballots are insufficient in number to affect the results, no runoff election is needed, and no timely objections are filed under s. ERC 80.09, the commission shall issue to the parties a certification of the results of…

ERC 80.09 Objections to election. (1) FILING; FORM; COPIES. Within 8 days after receiving the tally of ballots, any party may file with the commission objections to conduct affecting the results of the election. Objections shall be in writing and shall include the signature or a …

ERC 80.10 Commission action on challenges or objections. (1) HEARING. If challenges to voter eligibility or objections to election conduct may affect the election outcome and cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning t…

ERC 80.11 Consequence of failure to achieve support of 51 percent of those eligible to vote in the annual certification election. If no representative is ultimately supported by a minimum of 51 percent of the employees eligible to vote, the commission shall issue a certification …

ERC 80.12 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 9.01 Scope. This chapter governs the general procedure relating to discretionary declaratory rulings requested under s. 227.41, Stats., concerning the Wisconsin Employment Peace Act and rules concerning its administration.

ERC 9.02 Petition. 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 Wisconsin Employment Peace Act or any rule concerning its administratio…

ERC 9.03 Statement in response to petition. Practice and procedure regarding filing of a statement in response to a petition for discretionary declaratory ruling shall be as set forth in s. ERC 19.03.

ERC 9.04 Withdrawal of petition. Practice and procedure regarding withdrawal of a petition for discretionary declaratory ruling shall be as set forth in s. ERC 19.04.

ERC 9.05 Motions. Practice and procedure regarding motions in discretionary declaratory ruling proceedings shall be as set forth in s. ERC 18.06. ERC 9.06 Commission action on petition. Practice ERC 9.07 ERC 9.08 ERC 9.09 ERC 9.10 ERC 9.11 Notice of hearing. Hearings. Findings of…

ERC 9.07 Notice of hearing. Practice and procedure regarding a notice of hearing in a discretionary declaratory ruling proceeding shall be as set forth in s. ERC 19.07.

ERC 9.08 Hearings. Practice and procedure for hearings in discretionary declaratory ruling proceedings shall be as set forth in s. ERC 19.08.

ERC 9.09 Findings of fact, conclusions of law and declaratory ruling. After submission of the case, the commission shall either make and file its findings of fact, conclusions of law and declaratory ruling or issue an order denying the petition. Practice and procedure regarding c…

ERC 9.10 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 9.11 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 …