reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.03 - Petition to initiate final and binding arbitration

Current through June 24, 2024
(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 collective bargaining on
						wages, hours and conditions of employment to be incorporated in a collective
						bargaining agreement, the municipal employer or the exclusive representative or
						anyone authorized to act on their behalf, may file a petition with the
						commission to initiate compulsory final and binding arbitration.
(2) TIME FOR FILING. The petition shall be
						filed after the parties have complied with the conditions stated s.
						111.77(1) and
						(2), Stats.
(3) FORM; NUMBER OF COPIES; FILING; SERVICE.
						The petition shall be in writing on a form provided by the commission, or a
						facsimile of the commission's form. The petition is not filed until it and the
						filing fee established by s.
						ERC
						10.08(5) have been received by the
						commission at its Madison office during normal business hours specified in s.
						ERC
						10.06(1). If the parties have
						previously paid a mediation filing fee for the same dispute under s.
						ERC
						10.08(3), no fee shall be paid for
						the arbitration. The petition shall be transmitted to the commission as set
						forth in s.
						ERC
						10.06(1). If the petition is filed in
						paper form, a total of 1 copy of the petition and of all required enclosures
						shall be included. The fee may be transmitted to the commission by physical
						delivery or mail.
(4) CONTENTS. The
						petition shall include all of the following:
(a) The name and address of the municipal
						employer involved and the name, address and phone number of its principal
						representative. Fax numbers and e-mail addresses shall be included, if
						available.
(b) The name and address
						of the collective bargaining representative involved and the name, address and
						phone number of its principal representative. Fax numbers and e-mail addresses
						shall be included, if available.
(c) A description of the collective
						bargaining unit involved and the approximate number of employees in the
						unit.
(d) A general statement as to
						the alleged issue or issues at impasse.
(e) A statement whether the petitioner
						desires that the arbitration be limited to the entire last and final offers of
						each party, or whether the parties have agreed otherwise.
(f) Relevant facts pertaining to the parties'
						compliance with s. 111.77(1) and
						(2), Stats.
(g) The name, address, phone number and
						signature, or signature facsimile, of the person signing the petition. Fax
						numbers and e-mail addresses shall be included, if available.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.04 - Withdrawal of petition; effect on filing fee

Current through June 24, 2024
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
							party. Neither the withdrawal of the petition nor the parties' settlement of
							the underlying dispute is a basis on which the filing fee shall be
							refunded.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.06 - Withdrawal of stipulation; effect on filing fee

Current through June 24, 2024
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 any party. Neither the withdrawal of the stipulation nor the
							parties' settlement of the underlying dispute is a basis on which the filing
							fee shall be refunded.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.07 - Pre-investigation procedure

Current through June 24, 2024
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 place for the conduct of an informal
							investigation or for the conduct of a formal hearing with respect to the
							petition or stipulation. If, during any mediation by a commission mediator, the
							parties have exchanged and submitted to the mediator their total final offers,
							as well as a stipulation on matters agreed upon, the parties may waive the
							informal investigation or formal hearing described in s.
							ERC
							30.08. A waiver shall be written and may accompany the
							petition or stipulation for initiation of interest arbitration or be filed
							separately later.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.09 - Final offers

Current through June 24, 2024
(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 or by the 30.11 other party to the inclusion of
						the proposals in a final offer. Absent a timely objection, the proposals shall
						be treated as mandatory subjects of bargaining for the duration of the s.
						111.77, Stats., impasse
						resolution process, including any exchanges of final offers which may follow
						declaratory ruling proceedings under s.
						ERC
						30.11.
(2)
						MODIFICATION OF FINAL OFFERS FOLLOWING CLOSE OF INVESTIGATION. Following the
						close of the investigation, a party may modify its final offer only with the
						consent of the other party. Any modification shall be in writing, supported by
						a written statement signed by the representative of the other party.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.10 - Procedure for raising objection that a proposal is a non-mandatory subject of bargaining

Current through June 24, 2024
(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 to the close of the
						informal investigation or formal hearing.
(a)
During negotiations, mediation or investigation.
Should either
						party assert, during negotiations or during commission mediation or
						investigation, that a proposal by the other party is a non-mandatory subject of
						bargaining, either party may commence a declaratory ruling proceeding before
						the commission under s.
						111.70(4) (b),
						Stats., and s.
						ERC
						30.11
(b)
After call for final offers.
Should either party assert, after
						the commission or investigator calls for the parties to exchange proposed final
						offers and before the close of the informal investigation or formal hearing,
						that a proposal by the other party is a non-mandatory subject of bargaining,
						the commission or investigator shall not close the investigation or hearing,
						but shall direct in writing the objecting party to reduce the objection to
						writing by commencing, within a reasonable time determined by the commission or
						investigator, a declaratory ruling proceeding before the commission under s.
						111.70(4) (b),
						Stats., and s.
						ERC
						30.11.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.11 - Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining

Current through June 24, 2024
(1) WHO MAY FILE.
						Either party may file a petition, or both of the parties may file a
						stipulation, to initiate a declaratory ruling proceeding before the
						commission.
(2) WHERE TO FILE. A
						petition or stipulation shall be filed with the commission, and if a petition
						is filed a copy shall be served on the other party at the same time.
(3) WHEN TO FILE. A petition or stipulation
						may be filed with the commission during negotiations, mediation or
						investigation, as provided in s.
						ERC
						18.02 or
						18.05. If a petition or stipulation is
						filed after the investigator calls for final offers, the petition or
						stipulation for declaratory ruling shall be filed within the time determined by
						the commission or investigator under s.
						ERC 30.10(1)
						(b). Failure to file a petition or
						stipulation for declaratory ruling within the time period determined by the
						commission or investigator shall constitute a waiver of the objection, and the
						proposal involved shall be treated as a mandatory subject of
						bargaining.
(4) PROCEDURE FOLLOWING
						ISSUANCE OF DECLARATORY RULING. Following the issuance and service of the
						declaratory ruling as provided for in ss.
						ERC
						18.09 and
						10.07, the commission or its
						investigator shall conduct further investigation or hearing for the purpose of
						obtaining the final offer of each party before closing the investigation.
						Neither final offer may include any proposal which the commission has found to
						be a non-mandatory subject of bargaining unless consented to in writing by the
						other party. If the commission's decision is appealed, the parties may agree to
						the conditional inclusion of the proposals in their final offers.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.13 - Order appointing arbitrator

Current through June 24, 2024
(1) NOTIFICATION OF
						SELECTION. The parties, or either of them, shall notify the commission in
						writing, as set forth in s.
						ERC
						10.06(1), of the identity of the
						arbitrator selected by them immediately after the selection is made. In this
						chapter, "arbitrator" refers to a single arbitrator, a board of multiple
						neutral arbitrators, a tripartite arbitration panel or the impartial
						chairperson of an arbitration board or panel.
(2) ORDER. Upon receipt of the notification
						of the identity of the arbitrator selected, the commission shall serve the
						parties with copies of its order appointing the arbitrator, as set forth in s.
						ERC
						10.07. The order appointing the arbitrator shall
						specify the form of arbitration as designated in the order described in s.
						ERC
						30.12(2). The commission shall, at
						the same time, submit a copy of the appointment order to the selected
						arbitrator, as well as copies of the final offers of the parties.
(3) COPIES OF FINAL OFFERS. The single final
						offers submitted to the appointed arbitrator shall be considered public
						documents and copies may be obtained from the commission, by any person upon
						written request, following the issuance of the order appointing the arbitrator,
						at the cost of reproduction and postage.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.14 - Arbitration hearing

Current through June 24, 2024
(1) NOTICE OF HEARING. Following 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 arbitration, if any, with a notice of hearing, establishing the
						date, time and place for the arbitration hearing.
(2) AMENDMENT OR WITHDRAWAL. The notice of
						hearing may be amended or withdrawn at any time before the close of the
						arbitration hearing.
(3) SCOPE OF
						HEARING. The hearing shall be public and for the purpose of gathering
						information on the basis of which the arbitrator or board of arbitration shall
						issue a compulsory final and binding arbitration award on the issue or issues
						in dispute. The arbitrator or board of arbitration shall give weight to the
						factors set forth in s.
						111.77(6),
						Stats., and the parties shall be prepared to present evidence and argument
						relating to the factors involved. Except as otherwise required by commission
						rules, proceedings before the arbitrator shall be conducted in accordance with
						the ethical standards and procedures set forth in the Code of Professional
						Responsibility for Arbitrators of Labor-Management Disputes as approved and
						amended from time to time by the National Academy of Arbitrators, American
						Arbitration Association and Federal Mediation and Conciliation Service. The
						Code, as amended, is available in electronic form on the commission website and
						in paper form on request from the commission.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.15 - Proceedings before the arbitrator

Current through June 24, 2024
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 resolve the dispute by voluntary agreement. Any
							mediation by the arbitrator shall not be open to the public unless mutually
							agreed by the parties or their representatives. At the joint request of the
							parties, the arbitrator may issue a consent award ordering implementation of
							the terms of a written voluntary agreement between the parties resolving part
							or all of the dispute involved.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.16 - Issuance of award

Current through June 24, 2024
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 dissenting. After the award is signed, a
							copy of the award and a statement of the arbitrator's fees and expenses shall
							be submitted immediately to the commission as set forth in s.
							ERC
							10.06(1) and to the parties as set
							forth in s.
							ERC
							10.07. When received by the commission, interest
							awards shall be made available to the public. Copies may be purchased by the
							public from the commission's Madison office, and may also be available on the
							commission website or in other commission publications.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.17 - Costs

Current through June 24, 2024
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 in the arbitrator's biographical
							information and fee statement on file with the commission at the time the
							arbitrator's name was supplied to the parties by the commission. Costs of
							subpoenas and witness fees shall be borne by the party requesting the subpoena
							or witness. Fees and expenses charged by the reporter, if any, shall be borne
							equally by the parties if both parties agreed that the hearing would be
							transcribed. If only one party desires a transcript, that party is solely
							responsible for the fees and expenses incurred by the reporter and shall
							provide a copy of the transcript to the arbitrator. The fees and expenses of
							arbitrators, if any, selected by one of the parties to serve on a tripartite
							panel shall be paid by the party making the selection.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.18 - Enforcement or modification of award

Current through June 24, 2024
Standards and procedures for enforcement or modification of
							awards issued under s.
							111.77, Stats., shall be as
							provided in ch. 788, Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.01 - Scope

Current through June 24, 2024
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.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.02 - Policy

Current through June 24, 2024
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, peaceful procedure for settlement,
							including, where a deadlock exists after negotiations and after mediation by
							the commission, a procedure for the resolution of the dispute by interest
							arbitration.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.03 - Petition to initiate arbitration

Current through June 24, 2024
(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.
(2) FORM; NUMBER OF COPIES;
						FILING; SERVICE. The petition shall be in writing on a form provided by the
						commission, or a facsimile of the commission's form. The petition is not filed
						until it and the filing fee established by s.
						ERC
						10.08(5) have been received by the
						commission at its Madison office during normal business hours specified in s.
						ERC
						10.06(1). If the parties have
						previously paid a mediation filing fee for the same dispute under s.
						ERC
						10.08(3), no fee shall be paid for
						the arbitration. The petition shall be transmitted to the commission as set
						forth in s.
						ERC
						10.06(1). If the petition is filed in
						paper form, a total of 2 copies of the petition shall be included. The fee may
						be transmitted to the commission by physical delivery or mail. The party filing
						the petition shall, at the same time, serve a copy on the other party as set
						forth in s.
						ERC
						10.07.
(3)
						CONTENTS. The petition shall include all of the following:
(a) The name and address of the municipal
						employer involved and the name, address and phone number of its principal
						representative. Fax numbers and e-mail addresses shall be included, if
						available.
(b) The name and address
						of the exclusive representative involved, as well as the name, title, address
						and phone number of its principal representative. Fax numbers and e-mail
						addresses shall be included, if available.
(c) A general description of the collective
						bargaining unit involved and the approximate number of employees included in
						the unit.
(d) A statement that the
						parties have reached an impasse on matters relating to wages, hours and
						conditions of employment or other matters subject to arbitration under s.
						111.70(4) (jm)
						4, Stats.
(e) The date when notice
						was served to open negotiations and the identity of the party serving the
						notice.
(f) The number of
						negotiation meetings prior to mediation, if any, by the commission.
(g) The dates on which mediation, if any, was
						conducted and the identity of the commission mediator.
(h) The termination date of the existing
						collective bargaining agreement, if any.
(i) The identity of the party filing the
						petition; the name, title and signature, or signature facsimile, of the person
						signing the petition; and the date when the petition was transmitted to the
						commission. Fax numbers and e-mail addresses shall be included, if
						available
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.04 - Stipulation to initiate arbitration

Current through June 24, 2024
(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
						behalf.
(2) FORM; NUMBER OF COPIES;
						FILING; SERVICE. The stipulation shall be in writing on a form provided by the
						commission, or a facsimile of the commission's form. The stipulation is not
						filed until it and the filing fee established by s.
						ERC
						10.08(5) have been received by the
						commission at its Madison office during normal business hours specified in s.
						ERC
						10.06(1). If the parties have
						previously paid a mediation filing fee for the same dispute under s.
						ERC
						10.08(3), no fee shall be paid for
						the arbitration. The stipulation shall be transmitted to the commission as set
						forth in s.
						ERC
						10.06(1). If the stipulation is filed
						in paper form, a total of 2 copies of the stipulation shall be included. The
						fee may be transmitted to the commission by physical delivery or
						mail.
(3) CONTENTS. The stipulation
						shall contain the same information as set forth in s.
						ERC
						31.03(3) for a petition to initiate
						arbitration, except that the stipulation shall include the signature, or
						signature facsimile, of a representative of each party.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.05 - Withdrawal of petition or stipulation; effect on filing fee

Current through June 24, 2024
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
							result in an injustice to any party. Neither the withdrawal of the petition or
							stipulation nor the parties' settlement of the underlying dispute is a basis on
							which the filing fee shall be refunded.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.07 - Final offers

Current through June 24, 2024
(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
						permissive subjects of bargaining if there is no timely objection under s.
						ERC
						31.08 or by the 31.09 other party to the inclusion of
						the proposals in a final offer. Absent a timely objection, the proposals shall
						be treated as mandatory subjects of bargaining for the duration of the s.
						111.70(4) (jm),
						Stats., impasse resolution process, including any exchanges of final offers
						which may follow declaratory ruling proceedings under s.
						ERC
						31.09.
(2)
						MODIFICATION OF FINAL OFFERS FOLLOWING CLOSE OF INVESTIGATION. Following the
						close of the investigation, a party may modify its proposal on any of the
						subjects in dispute when the investigation was closed without the consent of
						the other party, unless and until the arbitrator appointed under s.  ERC 31.11 
						declares otherwise. However, following the close of the investigation, a party
						shall not submit to the arbitrator a proposal on a subject not in dispute when
						the investigation was closed without the written consent of the other
						party.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.08 - Procedures for raising objection that a proposal is a non-mandatory subject of bargaining

Current through June 24, 2024
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.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.09 - Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining

Current through June 24, 2024
In proceedings under this chapter, practice and procedure
							regarding a petition or stipulation to initiate a declaratory ruling proceeding
							to determine whether a proposal is a mandatory subject of bargaining shall be
							as set forth in s.
							ERC
							30.11.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.10 - Certification of results of investigation or hearing, or certification based on stipulation

Current through June 24, 2024
(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 waive the investigation,
						the commission shall issue a certification determining whether the parties have
						reached an impasse on matters relating to wages, hours and conditions of
						employment or other matters subject to arbitration under s.
						111.70(4) (jm)
						4, Stats.
(2) CONTENTS. The
						certification shall contain findings of fact and conclusions of law material in
						the matter, as well as an order either initiating arbitration or dismissing the
						petition or stipulation, consistent with the purposes and policies of s.
						111.70(4) (jm),
						Stats. If the certification requires arbitration, it shall authorize
						arbitration with regard to each of the subjects contained in the final offers
						of the parties at the time the investigation was closed.
(3) SUBMISSION OF PANEL. If the certification
						requires arbitration, the parties shall also be directed to select an
						arbitrator within 30 days after the issuance of the certification, or within a
						different time period agreed upon between the parties, from a panel of 7
						arbitrators designated by the commission. The panel shall not include
						individuals who are residents of the city involved in the case. Selection of
						arbitrators for inclusion on the panel shall otherwise be as provided in s.
						ERC
						40.06(3), with arbitrators randomly
						selected from among the roster members available for service at the time the
						request is processed. The commission shall supply the parties with copies of
						the biographical and fee information on file with the commission regarding each
						arbitrator whose name is supplied to the parties by the commission. In the
						absence of an agreement to another method of selection, the parties shall
						select the arbitrator by alternately striking names from the panel until a
						single name remains, who shall be the arbitrator. The order of proceeding in
						the selection process shall be determined by lot.
(4) SERVICE OF CERTIFICATION AND PANEL.
						Copies of the certification and the names of the panel members shall be served
						on the parties as set forth in s.
						ERC
						10.07.
(5)
						ARBITRATOR IMPARTIALITY. The commission shall designate only competent,
						impartial and disinterested persons to act as arbitrators or to be included in
						a panel of arbitrators.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.11 - Order appointing arbitrator

Current through June 24, 2024
(1) NOTIFICATION OF
						SELECTION. The parties, or either of them, shall promptly notify the commission
						in writing, as set forth in s.
						ERC
						10.06(1), of the identity of the
						arbitrator selected by them.
(2)
						ORDER. Upon receipt of the notification of the identity of the arbitrator
						selected, the commission shall serve the parties with copies of its order
						appointing the arbitrator, as set forth in s.
						ERC
						10.07. The commission shall, at the same time, submit
						a copy of the appointment order to the selected arbitrator, as well as copies
						of the final offers of the parties.
(3) COPIES OF FINAL OFFERS. The final offers
						submitted to the appointed arbitrator shall be considered public documents and
						copies may be obtained from the commission, by any person upon written request,
						following the issuance of the order appointing the arbitrator, at the cost of
						reproduction and postage.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.12 - Proceedings before the arbitrator

Current through June 24, 2024
(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 conducted in accordance with the ethical standards and
						procedures set forth in the Code of Professional Responsibility for Arbitrators
						of Labor-Management Disputes as approved and amended from time to time by the
						National Academy of Arbitrators, American Arbitration Association and Federal
						Mediation and Conciliation Service. The Code, as amended, is available in
						electronic form on the commission website and in paper form on request from the
						commission.
(2) NATURE AND SCOPE OF
						THE ARBITRATION HEARING. Following the receipt of the appointment order, the
						arbitrator shall, after conferring with the parties, serve, as set forth in s.
						ERC
						10.07, each of the parties with a notice of hearing,
						establishing the date, time and place for the arbitration hearing. The hearing
						shall be public and for the purpose of gathering information on the basis of
						which the arbitrator shall issue an award on the issue or issues in dispute.
						The arbitrator shall consider the factors set forth in s.
						111.70(4) (jm)
						3, 5. and 6., Stats., and the parties shall be prepared to present evidence and
						argument relating to the factors involved.
(3) MEDIATION. Nothing in this chapter is
						intended to preclude the arbitrator from using best efforts to encourage the
						parties to resolve the dispute by voluntary agreement. Any mediation by the
						arbitrator shall not be open to the public unless mutually agreed by the
						parties or their representatives. At the joint request of the parties, the
						arbitrator may issue a consent award ordering implementation of the terms of a
						written voluntary agreement between the parties resolving part or all of the
						dispute involved.
(4) ISSUANCE OF
						AWARD AND REPORT OF ARBITRATOR'S FEES AND EXPENSES. The arbitrator shall issue
						the arbitration award in writing after the receipt of final arguments or
						briefs. After the award is signed, a copy of the award and a statement of the
						arbitrator's fees and expenses shall be submitted immediately to the commission
						as set forth in s.
						ERC
						10.06(1) and to the parties as set
						forth in s.
						ERC
						10.07. When received by the commission, interest
						awards shall be made available to the public. Copies may be purchased by the
						public from the commission's Madison office and may also be available on the
						commission website or in other commission publications.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.13 - Costs

Current through June 24, 2024
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 in the arbitrator's biographical
							information and fee statement on file with the commission at the time the
							arbitrator's name was supplied to the parties by the commission. Costs of
							subpoenas and witness fees shall be borne by the party requesting the subpoena
							or witness. Fees and expenses charged by the reporter, if any, shall be borne
							equally by the parties if both parties agreed that the hearing would be
							transcribed. If only one party desires a transcript, that party is solely
							responsible for the fees and expenses incurred by the reporter and shall
							provide a copy of the transcript to the arbitrator.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 31 - Interest arbitration of disputes involving law enforcement bargaining units in 1st class cities › Section ERC 31.14 - Enforcement or modification of award

Current through June 24, 2024
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.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 32 - Collective bargaining and interest arbitration in municipal sector disputes not involving law enforcement or fire fighting employees › Section ERC 32.01 - Scope

Current through June 24, 2024
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.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 32 - Collective bargaining and interest arbitration in municipal sector disputes not involving law enforcement or fire fighting employees › Section ERC 32.02 - Policy

Current through June 24, 2024
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, peaceful procedure for settlement
							including, where a deadlock exists after negotiations and after mediation by
							the commission, a procedure for the resolution of the dispute by interest
							arbitration. Parties subject to s.
							111.70(4) (cm),
							Stats., shall, upon request, provide the commission with information the
							commission considers necessary to meet its statutory responsibilities to report
							on the operation of the interest arbitration law under s.
							111.70(4) (cm),
							Stats., and on its effect on collective bargaining in the
							state.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 32 - Collective bargaining and interest arbitration in municipal sector disputes not involving law enforcement or fire fighting employees › Section ERC 32.03 - Notice of commencement of negotiations

Current through June 24, 2024
(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, or the parties
						otherwise commence negotiations if no agreement exists, the party requesting
						negotiations shall immediately notify the commission in writing of the request
						and a copy shall be served on the other party as set forth in s.
						ERC
						10.07. If the requesting party fails to file the
						notice, the other party may do so.
(2) FORM; NUMBER OF COPIES; FILING; SERVICE.
						The notice shall be in writing on a form provided by the commission, or a
						facsimile of the commission's form. The notice is not filed until it has been
						received by the commission at its Madison office during normal business hours
						specified in s.
						ERC
						10.06(1). The notice shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the notice is filed in
						paper form, a total of 1 copy of the notice shall be included. The party filing
						the notice shall, at the same time, serve a copy on the other party as set
						forth in s.
						ERC
						10.07.
(3)
						CONTENTS. The notice shall contain all of the following information:
(a) The date on which the party filing the
						notice notified the other party of its intent to either reopen negotiations
						under an existing collective bargaining agreement or to commence negotiations
						where no agreement exists.
(b) The
						name and address of the municipal employer, as well as the name, title, address
						and phone number of its principal representative. Fax numbers and e-mail
						addresses shall be included, if available.
(c) The name and address of the exclusive
						collective bargaining representative involved, as well as the name, title,
						address and phone number of its principal representative. Fax numbers and
						e-mail addresses shall be included, if available.
(d) A general description of the collective
						bargaining unit involved and the approximate number of employees included in
						the unit.
(e) The effective date
						and termination date of the existing collective bargaining agreement, if any,
						and the date specified in the agreement on which notice to open negotiations
						shall be served on the other party.
(f) A statement indicating whether the
						parties have agreed to a voluntary impasse resolution procedure.
(g) The identity, title and signature, or
						signature facsimile, of the person filing the notice, and the date on which the
						notice was transmitted to the commission.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 32 - Collective bargaining and interest arbitration in municipal sector disputes not involving law enforcement or fire fighting employees › Section ERC 32.04 - Voluntary impasse resolution procedure

Current through June 24, 2024
(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 settlement
						procedure for the resolution of an impasse in their negotiations leading to a
						collective bargaining agreement, as provided in s.
						111.70(4) (cm)
						5, Stats., a copy shall be filed by the parties with the commission. The
						procedure shall be in writing in a form of the parties' choosing. The procedure
						is not filed until it has been received by the commission at its Madison office
						during normal business hours specified in s.
						ERC
						10.06(1). The procedure shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the procedure is filed
						in paper form, a total of 1 copy shall be included. The party filing the
						procedure shall, at the same time, serve a copy of the procedure on the other
						party as set forth in s.
						ERC
						10.07.
(2)
						TIME FOR FILING. If the procedure was entered into prior to the filing of the
						notice of commencement of negotiations required to be filed in s.
						ERC
						32.03, the procedure shall be filed at the time the
						notice of commencement of negotiations is filed with the commission. If the
						agreement was entered into after the filing of the notice of commencement of
						negotiations, it shall be filed promptly after signing.
(3) SCOPE. The provisions of s.
						111.70(4) (cm)
						8m, Stats., shall not be superseded by a voluntary impasse resolution
						procedure. In addition, if the parties agree to any form of binding interest
						arbitration, the arbitrator shall give weight to the factors enumerated under
						s. 111.70(4) (cm)
						7, 7g. and 7r., Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 32 - Collective bargaining and interest arbitration in municipal sector disputes not involving law enforcement or fire fighting employees › Section ERC 32.06 - Stipulation to initiate arbitration

Current through June 24, 2024
(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 act on their
						behalf.
(2) FORM; NUMBER OF COPIES;
						FILING; SERVICE. The stipulation shall be in writing on a form provided by the
						commission, or a facsimile of the commission's form. The stipulation is not
						filed until it and the filing fee established by s.
						ERC
						10.08(5) have been received by the
						commission at its Madison office during normal business hours specified in s.
						ERC
						10.06(1). If the parties have
						previously paid a mediation filing fee for the same dispute under s.
						ERC
						10.08(3), no fee shall be paid for
						the arbitration. The stipulation shall be transmitted to the commission as set
						forth in s.
						ERC
						10.06(1). If the stipulation is filed
						in paper form, a total of two copies of the petition and of all required
						enclosures shall be included. The fee may be transmitted to the commission by
						physical delivery or mail.
(3)
						CONTENTS. The stipulation shall contain the same information as set forth in s.
						ERC
						32.05(3) for a petition to initiate
						arbitration, except that the stipulation shall include the signature, or
						signature facsimile, of a representative of each party and shall contain each
						party's preliminary final offers on all issues in dispute which the parties
						shall exchange in writing before or at the time they submit the
						stipulation.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 32 - Collective bargaining and interest arbitration in municipal sector disputes not involving law enforcement or fire fighting employees › Section ERC 32.07 - Withdrawal of petition or stipulation; effect on filing fee

Current through June 24, 2024
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
							result in an injustice to any party. Neither the withdrawal of the petition or
							stipulation nor the parties' settlement of the underlying dispute is a basis on
							which the filing fee shall be refunded.