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 32.15 - Proceedings before the arbitrator

Current through June 24, 2024
(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
						10.07, a notice of hearing specifying the date, time
						and a place within the jurisdiction of the municipal employer involved where
						the hearing shall be held. The hearing date shall not fall within the 10-day
						period. The arbitration hearing shall be open to the public.
(2) WITHDRAWAL OF FINAL OFFERS. The
						arbitrator shall notify the parties of the date, predating the arbitration
						hearing date, by which a party shall provide written notice to the arbitrator,
						the other party, and the commission that the party is withdrawing its final
						offer. If both parties timely withdraw their final offers and mutually agreed
						upon offer modifications, and the exclusive representative gives 10 days
						written notice to the municipal employer and the commission of its intent to
						strike, the commission shall endeavor to mediate the dispute.
(3) PETITION FOR PUBLIC HEARING. Any 5
						citizens of the jurisdiction served by the municipal employer involved may,
						within 10 days after the appointment of the arbitrator, file a request in
						writing with the commission, as set forth in s.
						ERC
						10.07, that a public hearing be convened prior to the
						arbitration hearing. A request shall be treated as a petition within the
						meaning of s. 111.70(4) (cm)
						6 b., Stats. The signers shall include their
						addresses and a statement that they are citizens of the jurisdiction served by
						the municipal employer involved. Upon receipt of the request, the commission
						shall serve a copy on both the parties and the arbitrator.
(4) NOTICE OF PUBLIC HEARING. Upon receipt of
						a citizen petition and after the arbitration hearing has been scheduled by the
						arbitrator, the municipal employer involved shall notify the public, in the
						manner set forth in s.
						ERC
						32.14(3), that a public hearing shall
						be convened prior to the arbitration hearing. The notice shall identify the
						parties involved and shall set forth the date, time and place of the hearing.
						Copies of the notice shall be served by the municipal employer, as set forth in
						s.
						ERC
						10.07, on the collective bargaining representative
						involved, on the arbitrator, and the commission.
(5) PURPOSE OF PUBLIC HEARING. The public
						hearing shall be for the purpose of providing the opportunity for both parties
						to explain or present supporting arguments for their positions and to provide
						an opportunity to members of the public to offer their comments and
						suggestions.
(6) PROCEDURE IN
						PUBLIC HEARING. The arbitrator shall take reasonable steps to ensure that the
						public hearing is orderly and that it does not result in undue delay or cost to
						the parties. The arbitrator may require members of the public who desire to
						offer comments and suggestions to register; may determine the sequence in which
						the parties and the members of the public shall be heard; and may determine
						when the hearing shall be terminated.
(7) TRANSCRIPTS OF PUBLIC HEARING. Either
						party or any person participating in the public hearing may make their own
						arrangements to have a transcript of the public hearing prepared at their own
						expense. Arbitration proceedings shall not be delayed for the purpose of
						awaiting the preparation of a transcript of the public hearing. If the public
						hearing is recorded or transcribed, the arbitrator shall be furnished a copy
						upon request.
(8) SCOPE OF
						ARBITRATION HEARING. The arbitration hearing shall be public and for the
						purpose of gathering information which shall assist the arbitrator in issuing a
						compulsory and final and binding arbitration award selecting the final offer
						and mutually agreed upon offer modifications, of either party. In making that
						offer selection in cases involving school district employees, the arbitrator
						shall give weight to the factors set forth in s.
						111.70(4) (cm)
						7r, Stats., and the parties shall be prepared to present evidence and argument
						relative to the factors involved. In making that offer selection in cases
						subject to this chapter not involving school district employees, the arbitrator
						shall give weight to the factors set forth in s.
						111.70(4) (cm)
						7, 7g. and 7r., Stats., and the parties shall be prepared to present evidence
						and argument relative to the factors involved. Except as otherwise required by
						commission rules, proceedings before the arbitrator shall also 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.
(9) ARBITRATION HEARING PROCEDURE. Hearings
						shall be within the control of the arbitrator and shall be as expeditious as
						the nature of the dispute shall allow. In conducting the hearing, the
						arbitrator has the power to do any of the following:
(a) Administer oaths and
						affirmations.
(b) Issue subpoenas
						in the name of the commission.
Note: Arbitrators may obtain appropriate subpoena forms from
							the commission's Madison office.
(c) Rule on offers of proof and receive
						relevant evidence.
(d) Regulate the
						course of the arbitration hearing.
(e) Dispose of procedural requests and
						similar matters.