Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.04 - Commission action on request for commission-employed arbitrator

Current through June 24, 2024
(1)
						ACQUIESCENCE; REFUND OF FILING FEE. If the request to initiate arbitration is
						filed by only one party, the arbitrator shall promptly contact the other party
						to the dispute to inquire as to its acquiescence to arbitration. If that party
						asserts that the other party has no right to arbitrate the dispute involved,
						the arbitrator shall so advise the initiating party, shall cause the filing fee
						to be returned, and shall not act further on the request. The filing fee is
						refundable only in the event of the other party's non-acquiescence to
						arbitration; neither the requesting party's withdrawal of the request for
						arbitration nor the parties' settlement of the underlying dispute is a basis on
						which the filing fee shall be refunded.
(2) DESIGNATION OF ARBITRATOR. If arbitration
						has been jointly initiated or acquiesced in, the commission shall either
						designate the arbitrator, or submit to the parties a panel of individuals for
						their consideration in the selection of an arbitrator or arbitration board
						chair. Parties' requests for panels or parties' joint requests for designation
						of particular arbitrators may be considered by the commission but shall not be
						binding on the commission. Panels of commission-employed arbitrators shall be
						randomly selected from commissioners and staff members available for service at
						the time the panel is generated.
(3) COMPENSATION OF COMMISSION-EMPLOYED
						ARBITRATORS. When acting as a grievance arbitrator, a member of the commission
						or of its staff shall not receive any compensation from the parties in the
						performance of that function.
(4)
						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. Designated commission-employed arbitrators shall recuse
						themselves from participation in proceedings in which they are or become
						incapable of rendering an award without evident partiality or the appearance of
						partiality. Parties have the right to request, on grounds of lack of
						impartiality, that a commission-employed arbitrator voluntarily recuse himself
						or herself from participation in a proceeding. The filing of a recusal request
						does not necessarily require that the arbitrator recuse himself or herself from
						further participation in the proceeding. Parties dissatisfied with the
						arbitrator's response to a recusal request have the right to request, on
						grounds of a lack of impartiality, that the commission remove a
						commission-employed arbitrator from a proceeding.
(5) PUBLIC NATURE OF AWARDS WHEN ISSUED.
						After issuance to the parties, grievance awards issued by commission-employed
						arbitrators shall be available for purchase by the public from the commission's
						Madison office. Copies may also be made available on the commission website and
						in other commission publications. Grievance awards shall not be made public
						where to do so would reveal a party's trade secrets. Requests that an award not
						be made public on trade secret grounds may be filed with the
						commission-employed arbitrator but shall be acted upon by the
						commission.