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 32.13 - Certification of results of investigation or hearing, or certification based on stipulation

Current through June 24, 2024
(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 determining whether
						there has been substantial compliance with s.
						111.70(4) (cm),
						Stats., and whether the parties are deadlocked. If the commission determines
						that there has not been substantial compliance with the requirements of s.
						111.70(4) (cm),
						Stats., the commission may order compliance if it would tend to result in a
						settlement.
(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) (cm),
						Stats.
(3) SUBMISSION OF PANEL. If
						the certification requires arbitration and the parties have not previously
						agreed to their own procedures for resolving the deadlock, the parties shall be
						directed to select an arbitrator within 10 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. Unless the
						parties have mutually agreed otherwise, the panel shall not include individuals
						who are nonresidents of Wisconsin at the time the panel is submitted. Selection
						of arbitrators for inclusion on the panel shall 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) TRIPARTITE PANEL. In lieu of the
						procedures set forth in sub. (3), both parties may request the commission to
						appoint a tripartite arbitration panel consisting of one member selected by
						each of the parties and a neutral person designated by the commission who shall
						serve as chairperson. Unless the parties have mutually agreed otherwise in
						writing, the commission's designee shall be a resident of Wisconsin at the time
						of designation.
(5) RANDOM
						APPOINTMENT. In lieu of the procedures set forth in sub. (3), at the request of
						both parties the commission shall submit a list of 7 arbitrators from which
						each party shall strike one name by the method specified in sub. (3). Unless
						the parties have mutually agreed otherwise in writing, the panel shall not
						include individuals who are nonresidents of Wisconsin at the time the names of
						the panel members are submitted. Upon notification of the names stricken by
						each party, the commission shall select the arbitrator by lot from the 5
						remaining names.
(6) 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.
(7)
						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.