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 30.08 - Informal investigation or formal hearing

Current through June 24, 2024
(1) PURPOSE. After
						a petition or stipulation has been filed, the commission shall conduct an
						investigation to determine whether the parties are at an impasse in their
						negotiations after a reasonable period of negotiation. The investigation shall
						be conducted either by the commission or by an investigator assigned by the
						commission. The investigation shall consist either of an informal investigation
						or a formal hearing or both. If it is determined that the parties are at an
						impasse, the commission or investigator shall obtain the single final offers of
						the parties containing their final proposals on issues in dispute, and shall
						obtain a stipulation signed by the parties on all matters agreed upon to be
						included in the new or amended collective bargaining agreement. During the
						informal investigation or formal hearing, the commission or investigator may
						engage in an effort to mediate the dispute.
(2) INFORMAL INVESTIGATION PROCEDURE. If an
						informal investigation is conducted, the commission or investigator shall,
						after conferring with the parties, set a date, time and place for the conduct
						of the informal investigation and shall notify the parties of those
						arrangements in writing. The informal investigation may be adjourned or
						continued as the commission or investigator finds necessary. During the
						investigation the commission or investigator may meet jointly or separately
						with the parties or otherwise communicate with one or both of the parties, for
						the purposes described in sub. (1). Prior to the close of the investigation,
						the investigator shall obtain in writing the final offers of the parties on the
						issues in dispute and a stipulation in writing on all matters agreed upon to be
						included in the new or amended collective bargaining agreement. If, at the time
						of the exchange of final offers or during any additional time permitted by the
						investigator, no objection is raised that either final offer contains a
						proposal relating to a non-mandatory subject of bargaining, the commission or
						investigator shall serve the parties, as set forth in s.
						ERC
						10.07, with a written notice that the investigation is
						closed. The commission or investigator shall not close the investigation until
						the commission or investigator is satisfied that neither party, having
						knowledge of the content of the final offer of the other party, would amend any
						proposal contained in its final offer, and that the final offers conform to the
						requirements of s.
						ERC
						30.09. Following the close of the investigation the
						investigator shall report the findings to the commission, either orally or in
						writing, as the commission may direct, and at the same time transmit to the
						commission the final offers and the stipulation received from the parties.
(3) FORMAL HEARING PRACTICE AND
						PROCEDURE. If a formal investigation is conducted, the commission or
						investigator, following communication with the parties, shall set a date, time
						and place for the conduct of the formal hearing and notify the parties by
						formal notice. The formal hearing may be adjourned or continued in the
						discretion of the commission or investigator. Hearing practice and procedure
						shall be as set forth in ss.
						ERC
						18.06 to
						18.08, except that the purpose and
						scope of the hearing shall be limited to establishing the facts needed to
						determine whether, after a reasonable period of negotiation, the parties are at
						an impasse. Prior to the close of the hearing, the commission or its
						investigator shall obtain and exchange the single ultimate final offers and
						stipulation of agreed upon items.