reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 7 - Clarification of private sector bargaining units › Section ERC 7.08 - Petition for rehearing

Current through June 24, 2024
Any person aggrieved by a final order of the commission may,
							within 20 days after service of the order, file a written petition for
							rehearing which shall specify in detail the grounds for the relief sought and
							supporting authorities. Practice and procedure for filing and processing a
							petition for rehearing shall be as set forth in s.
							ERC
							18.11.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.01 - Scope (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.02 - Petition for referendum (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.03 - Showing interest in support of petition (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.04 - Withdrawal of petition (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.05 - Commission pre-hearing action on petition (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.06 - Motions (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.07 - Hearings (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.08 - Direction of referendum or other dispositional order (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.09 - Referendum (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.10 - Certification of results of referendum (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.11 - Objections to referendum (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.12 - Commission action on challenges or objections (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 8 - Referenda concerning fair-share and maintenance of membership agreements involving the University of Wisconsin hospitals and clinics authority or an employer of a day care provider under s. 111.02 (7) (a) 4., Stats (Repealed) › Section ERC 8.13 - Petition for rehearing (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to
							discretionary declaratory rulings requested under s.
							227.41, Stats., concerning the
							Wisconsin Employment Peace Act and rules concerning its
							administration.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.02 - Petition

Current through June 24, 2024
Any interested person may file a petition requesting that the
							commission issue a declaratory ruling about the applicability to any person,
							property or state of facts of any provision of the Wisconsin Employment Peace
							Act or any rule concerning its administration. Practice and procedure for
							filing a petition for discretionary declaratory ruling shall be as set forth in
							s.
							ERC
							19.02, except that references to the "Municipal
							Employment Relations Act" shall be to the "Wisconsin Employment Peace
							Act."
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.03 - Statement in response to petition

Current through June 24, 2024
Practice and procedure regarding filing of a statement in
							response to a petition for discretionary declaratory ruling shall be as set
							forth in s.
							ERC
							19.03.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.04 - Withdrawal of petition

Current through June 24, 2024
Practice and procedure regarding withdrawal of a petition for
							discretionary declaratory ruling shall be as set forth in s.
							ERC
							19.04.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.05 - Motions

Current through June 24, 2024
Practice and procedure regarding motions in discretionary
							declaratory ruling proceedings shall be as set forth in s.
							ERC
							18.06.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.06 - Commission action on petition

Current through June 24, 2024
Practice and procedure regarding commission action on a
							petition for a discretionary declaratory ruling shall be as set forth in s.
							ERC
							19.06.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.07 - Notice of hearing

Current through June 24, 2024
Practice and procedure regarding a notice of hearing in a
							discretionary declaratory ruling proceeding shall be as set forth in s.
							ERC
							19.07.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.08 - Hearings

Current through June 24, 2024
Practice and procedure for hearings in discretionary
							declaratory ruling proceedings shall be as set forth in s.
							ERC
							19.08.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.09 - Findings of fact, conclusions of law and declaratory ruling

Current through June 24, 2024
After submission of the case, the commission shall either
							make and file its findings of fact, conclusions of law and declaratory ruling
							or issue an order denying the petition. Practice and procedure regarding
							commission issuance of findings of fact, conclusions of law and declaratory
							ruling in a discretionary declaratory ruling proceeding shall be as set forth
							in s.
							ERC
							18.09.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.10 - Effect of declaratory ruling

Current through June 24, 2024
The effect of a discretionary declaratory ruling issued under
							this chapter shall be as set forth in s.
							ERC
							19.10.
Wisconsin Administrative Code › Employment Relations Commission › ERC 1-9 - Wisconsin Employment Peace Act › Chapter ERC 9 - Discretionary private sector declaratory rulings under ch. 227, Stats › Section ERC 9.11 - Petition for rehearing

Current through June 24, 2024
Any person aggrieved by a final order of the commission may,
							within 20 days after service of the order, file a written petition for
							rehearing which shall specify in detail the grounds for the relief sought and
							supporting authorities. Practice and procedure for filing and processing a
							petition for rehearing in a discretionary declaratory ruling proceeding shall
							be as set forth in s.
							ERC
							19.11.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 10 - General municipal sector provisions › Section ERC 10.01 - Purpose and interpretation

Current through June 24, 2024
Chapters  ERC 10  to  19,  30  to  32,  40, and  50  govern the
				  conduct of all proceedings involving municipal employment relations before the
				  Wisconsin Employment Relations Commission. As used in chs.  ERC 10  to  19,  30  to  32,  40, and  50, "the Municipal Employment Relations Act" means subch. IV of ch.
				  111, Stats. Chapters  ERC 10  to  19  and  30  to  32  shall be interpreted to serve
				  the purposes and provisions of the Municipal Employment Relations Act, as shall
				  chs.  ERC 40  and  50  in connection with municipal sector employment. Nothing in
				  chs.  ERC 10  to  19,  30  to  32,  40, or  50  shall be construed to prevent the
				  commission or persons employed or designated by the commission from using best
				  efforts to adjust any dispute arising between employees and employers. The
				  commission or examiner may waive requirements of chs.  ERC 10  to  19,  30  to  32,  40, and  50  to serve the purposes and provisions of the Municipal Employment
				  Relations Act, unless a party shows that it would be prejudiced by the
				  waiver.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 10 - General municipal sector provisions › Section ERC 10.02 - Chapters

Current through June 24, 2024
Chapters  ERC 11  to  19,  30  to  32,  40, and  50  contain special
				  rules applicable to the type of proceeding described in the caption of the
				  chapter. This chapter contains general rules applicable to all types of
				  proceedings in municipal employment relations and shall be read in conjunction
				  with the chapter governing the particular proceeding.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 10 - General municipal sector provisions › Section ERC 10.03 - Resolution of conflicts

Current through June 24, 2024
In any conflict between a provision of this chapter and a
				  specific provision in chs.  ERC 11  to  19,  30  to  32,  40, or  50, the specific
				  provision shall govern.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 10 - General municipal sector provisions › Section ERC 10.05 - Transfer, consolidation and severance of proceedings

Current through June 24, 2024
Whenever the commission finds it necessary, in order to serve
							the purposes of s. 111.70, Stats., or to avoid
							unnecessary costs or delay, it may transfer any proceeding before an examiner
							to another examiner or to the commission. Proceedings under more than one
							subsection of the Municipal Employment Relations Act may be combined or
							severed.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 10 - General municipal sector provisions › Section ERC 10.06 - Filing with the commission or with commission personnel

Current through June 24, 2024
(1) COMPLETION OF FILING WITH THE COMMISSION.
				Except as otherwise specifically provided in the rules chapter applicable to
				the document involved, filing of a document with the commission is completed
				when the document and any associated filing fee is actually received by the
				commission at its Madison office during normal business hours by physical
				delivery, mail, fax or e-mail. The commission's normal business hours at all
				work locations are 7:45 AM to 4:30 PM, Monday through Friday, excluding legal
				holidays. E-mail communications to the commission shall be directed to the
				commission's central e-mail address.
Note: For the commission's Madison office, the mailing
				  address is 2418 Crossroads Dr., Suite 1000, Madison, WI 53718-7896 and the
				  central e-mail address is werc@werc.state.wi.us.
(2) COMPLETION OF FILING WITH COMMISSION
				PERSONNEL. Filing of documents with individual commission personnel is
				completed when the document is actually received, either at the commission's
				Madison office during normal business hours or at the individual commission
				employee's work location during normal business hours, by physical delivery,
				mail, fax or e-mail. The commission's normal business hours at all work
				locations are 7:45 AM to 4:30 PM, Monday through Friday, excluding legal
				holidays. E-mail communications to individual commission personnel may be
				directed either to the commission's central e-mail address or to the commission
				employee's e-mail address. The e-mail addresses of individual commission
				employees are available from the commission's Madison office and on the
				commission's website.
(3) UPON WHOM
				SERVED. Except as otherwise specifically provided in the rules chapter
				applicable to the document involved, all documents filed with the commission or
				with an individual commission employee shall be served on the attorney or other
				representative of each party and on all parties not represented by an attorney
				or other representative. Serving a party's attorney or representative shall
				constitute serving the party. Where specifically required by the rules chapter
				applicable to the document involved, a copy shall also be transmitted to the
				represented party.
(4) STATEMENT OF
				SERVICE. Documents filed with the commission or with an individual commission
				employee shall identify who has been or is being served with a copy.
(5) SIGNATURE FACSIMILE. Signature facsimile
				requirements of chs.  ERC 10  to  19,  30  to  32,  40, and  50  are met by a photocopy
				of a handwritten signature for documents filed in paper form; by a faxed copy
				of a handwritten signature for documents filed via fax; and by either a graphic
				copy of a handwritten signature or a typed name preceded by "/s/" for documents
				filed via e-mail.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 10 - General municipal sector provisions › Section ERC 10.07 - Service on a party or representative

Current through June 24, 2024
(1) COMPLETION OF
						SERVICE ON A PARTY OR REPRESENTATIVE. Service of any document is completed when
						any of the following occur:
(a) The document
						has been delivered in person.
(b)
						The document has been left at the principal office or place of business of the
						person served.
(c) The document has
						been addressed to the last known address of the person served and deposited in
						the United States mail.
(d) The
						document has been addressed to the last known address of the person served and
						deposited with a telegraph company.
(e) The document has been faxed to the last
						known fax number of the person served.
(f) The document has been transmitted to the
						person served by any other means authorized by the person served.
(g) For service of complaints and notices of
						complaint hearings on persons or parties located outside the state, the
						document has been served in the manner and at the time provided in s.
						111.07(2) (a),
						Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 10 - General municipal sector provisions › Section ERC 10.08 - Fee schedule

Current through June 24, 2024
(1) COMPLAINTS. For a complaint alleging that
						a prohibited practice has been committed under s.
						111.70(3),
						Stats., the complaining party or parties shall pay the commission a filing fee
						of $100.
(2) GRIEVANCE ARBITRATION.
						For a request that the commission or its staff act as a grievance arbitrator
						under s. 111.70(4) (c) 2. or (cm)
						4., Stats., the parties to the dispute shall
						each pay the commission a filing fee of $400.
(3) MEDIATION. For a request that the
						commission or its staff act as a mediator under s.
						111.70(4) (c) 1. or (cm)
						3., Stats., the parties to the dispute shall
						each pay the commission a filing fee of $400.
(4) FACT-FINDING. For a request that the
						commission initiate fact-finding under s.
						111.70(4) (c)
						3, Stats., the parties to the dispute shall each pay the commission a filing
						fee of $400, except that if the parties have previously paid a mediation filing
						fee for the same dispute under sub. (3), no fee shall be paid for the
						fact-finding.
(5) INTEREST
						ARBITRATION. For a request that the commission initiate interest arbitration
						under s. 111.70(4) (cm) 6., or
						(jm) or
						111.77(3),
						Stats., the parties to the dispute shall each pay the commission a filing fee
						of $400, except that if the parties have previously paid a mediation filing fee
						for the same dispute under sub. (3), no fee shall be paid for the arbitration.
Note:
Section
							111.70(4) (cm)
							6, Stats., was repealed by 2011 Wis. Act 10.
(6) TRANSCRIPTS. Any party requesting the
						commission to provide a transcript of a commission proceeding shall pay a fee
						of $8.00 per page or the actual per page fee of the court reporter, whichever
						is less.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 10 - General municipal sector provisions › Section ERC 10.09 - Computation of time

Current through June 24, 2024
In computing any period of time prescribed by or allowed by
				  chs.  ERC 10  to  19,  30  to  32,  40, or  50  or by order of the commission or
				  individual conducting the proceeding, the day of the act, event, or default
				  after which the designated period of time begins to run, shall not be included.
				  The last day of the period so computed is to be included, unless it is a
				  Saturday, Sunday, or a legal holiday, in which event the period shall run until
				  the end of the next day which is neither a Saturday, Sunday, nor a legal
				  holiday.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure for filing and
							processing of a petition to determine a collective bargaining representative or
							an appropriate bargaining unit of municipal employees under s.
							111.70(4) (d),
							Stats., or of supervisory law enforcement or supervisory fire fighter personnel
							under s. 111.70(8) (b),
							Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.03 - Withdrawal of petition

Current through June 24, 2024
Any 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.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.04 - Stipulation for election

Current through June 24, 2024
(1) WHO MAY FILE.
						Where a municipal employer, and an individual municipal employee or law
						enforcement or fire fighting supervisor or a labor organization acting on their
						behalf, and the exclusive representative, if any, of an existing unit agree
						that a question of representation or unit determination has arisen concerning
						municipal employees or concerning supervisory law enforcement or fire fighting
						personnel, those parties may jointly file a stipulation for an election to
						resolve that question. A stipulation to determine a collective bargaining
						representative may be filed either to initiate an election proceeding or
						subsequent to the filing of a petition and prior to a direction of election
						based on a hearing on the petition.
(2) FORM, NUMBER OF COPIES, FILING AND
						SERVICE. The stipulation shall be in writing on a form provided by the
						commission, or a facsimile of the commission's form, and shall include the
						signature or a facsimile of the signature of the parties or representatives
						filing the stipulation. A stipulation is not filed unless it contains the
						required signatures or signature facsimiles and unless and until the
						stipulation has been actually received by the commission at its Madison office
						during normal business hours specified in s.
						ERC
						10.06(1). 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.
(3) CONTENTS. The
						stipulation shall include all of the following:
(a) The names and addresses of the parties on
						whose behalf the election is stipulated, and the names, addresses and phone
						numbers of the parties' principal representatives. Fax numbers and e-mail
						addresses shall be included, if available.
(b) An agreement that a hearing is waived and
						requesting the commission to conduct an election.
(c) A description of the collective
						bargaining unit agreed to be appropriate by the parties.
(d) A complete list of personnel agreed upon
						by the parties as being included in the collective bargaining unit and eligible
						to vote.
(e) Suggested days of the
						week, time and place for the conduct of the election.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.05 - Commission pre-hearing action on petition

Current through June 24, 2024
(1) SERVICE OF
						PETITION. Upon receipt of a petition, the commission shall serve a copy of the
						petition on all interested parties identified in the petition.
(2) DETERMINATION OF SHOWING OF INTEREST. In
						cases in which a showing of interest is required under s.
						ERC
						11.02(3), the commission shall
						determine the sufficiency of the showing of interest.
(a)
Furnishing of personnel list by
						municipal employer.
The municipal employer involved shall, within a
						period of time established by the commission, furnish in writing to the
						commission a list containing the names of the personnel, in alphabetical order,
						employed in the collective bargaining unit involved. The period of time for
						furnishing a list of personnel may be extended by the commission for good cause
						shown.
(b)
Determination.
The commission shall determine the sufficiency
						of the showing of interest upon the receipt from the employer of the names of
						the personnel in the bargaining unit. No party, other than the party submitting
						the showing of interest, may receive a copy of, or examine, the showing of
						interest. The commission shall inform all parties as to its determination
						regarding the sufficiency of the showing of interest. The commission shall not
						reveal the number or identity of persons supporting a showing of
						interest.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.08 - Direction of election or other dispositional order

Current through June 24, 2024
As soon as possible after submission of the case, the
							commission shall, in writing, either direct an election, dismiss the petition,
							or make other orders regarding the disposition of the petition or stipulation.
							In cases where the commission is directing an election, the direction shall
							establish the date on or before which an employee shall have been employed to
							be eligible to vote. In cases where the commission is resolving issues of fact
							or law, the commission's order shall be accompanied by its findings of fact and
							conclusions of law, and may be made available to the public through the
							commission website and in other commission publications.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.09 - Elections

Current through June 24, 2024
(1) NATURE OF BALLOTING; BY WHOM CONDUCTED;
						EXTENSION OF TIME TO CONDUCT. All elections shall be conducted by secret ballot
						and under the supervision of the commission. The commission shall determine on
						a case by case basis whether balloting shall be conducted on-site or by mail.
						The time within which the commission has directed an election to be conducted
						may be extended by the commission.
(2) NOTICE OF ELECTION. The municipal
						employer shall post notices to personnel concerning the election and the
						commission's policy on absentee ballots, at times, locations and in a form
						specified by the commission.
(3)
						OBSERVERS. Any party may be represented by observers, selected in accordance
						with limitations, if any, established by the commission.
(4) CHALLENGE OF VOTERS. Any observer or
						commission agent conducting the election may challenge, for good cause, the
						eligibility of any person to vote in the election. The challenged ballots shall
						be impounded without being opened or counted.
(5) COUNT AND TALLY OF BALLOTS. Upon the
						conclusion of the election, the ballots shall be counted in the presence of the
						parties or their observers, and the commission agent conducting the election
						shall furnish a tally of ballots to the parties.
(6) INCONCLUSIVE ELECTIONS. When more than
						one proposed representative appears on the ballot and the results are
						inconclusive, the commission, on request of any party, may conduct a run-off
						election as provided in s.
						111.70(4) (d)
						4, Stats. A request for a runoff election shall be made within 30 days from the
						date of the certification of the results of the election.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.10 - Certification of results of election

Current through June 24, 2024
If challenged ballots are insufficient in number to affect
							the results, and no run-off election is needed, and no timely objections are
							filed under s.
							ERC
							11.11, the commission shall issue to the parties a
							certification of the results of the election.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.11 - Objections to election

Current through June 24, 2024
(1) FILING; FORM; COPIES. Within 8 days after
						receiving the tally of ballots, any party may file with the commission
						objections to the conduct of the election or conduct affecting the results of
						the election. Objections shall be in writing and shall include the signature or
						a facsimile of the signature of the party or representative filing the
						objections. The objections shall contain a brief statement of facts upon which
						the objections are based. A statement of objections is not filed unless it
						contains the required signature or signature facsimile and unless and until it
						has been actually received by the commission at its Madison office during
						normal business hours specified in s.
						ERC
						10.06(1). The objections shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the objections are filed
						in paper form, a total of 2 copies of the objections shall be
						included.
(2) SERVICE ON OTHER
						PARTIES. The party filing objections shall, at the same time, serve each of the
						other parties with a copy as set forth in s.
						ERC
						10.07.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.12 - Commission action on challenges or objections

Current through June 24, 2024
(1) HEARING. If
						ballot challenges potentially affecting the election outcome or objections
						raise a substantial question which cannot be resolved without a hearing, the
						commission may issue and serve a notice of hearing concerning the issues to be
						resolved. Practice and procedure for hearings on challenges or objections shall
						be as set forth in ss.
						ERC
						18.06 to
						18.08.
(2) AFTER HEARING. As soon as possible after
						submission of the case, the commission shall, in writing, either sustain or
						overrule each challenge or objection.
(a) If
						the commission directs that challenged ballots be opened and counted, the
						ballots shall be opened and counted, and the commission shall issue a revised
						tally and a certification of election results.
(b) If the commission sustains one or more
						objections, it may direct a new election to be held at a time and under
						conditions specified by the commission.
(c) If the commission overrules all
						objections, it shall promptly issue a certification of the election
						results.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.13 - Petition for rehearing

Current through June 24, 2024
Any person aggrieved by a final order of the commission may,
							within 20 days after service of the order, file a written petition for
							rehearing which shall specify in detail the grounds for the relief sought and
							supporting authorities. Practice and procedure for filing and processing a
							petition for rehearing shall be as set forth in s.
							ERC
							18.11.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.02 - Complaint

Current through June 24, 2024
(1) WHO MAY FILE; FORM; NUMBER OF COPIES;
						FILING FEE. A complaint that any municipal employer, municipal employee, or
						person has engaged in a prohibited practice defined, respectively, in s.
						111.70(3) (a), (b) or
						(c), Stats., may be filed by any party or by
						a representative authorized to file on behalf of a party. The complaint shall
						be in writing on a form provided by the commission, or a facsimile of the
						commission's form, and shall include the signature or a facsimile of the
						signature of the party or representative filing the complaint. At the time of
						filing, the filing fee established by s.
						ERC
						10.08(1) shall be submitted to the
						commission. A complaint is not filed unless it contains the required signature
						or signature facsimile and unless and until the complaint and fee have been
						actually received by the commission at its Madison office during normal
						business hours specified in s.
						ERC
						10.06(1). The complaint shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the complaint is filed
						in paper form, a total of 3 copies of the complaint shall be included, together
						with 1 additional copy for each named respondent. The fee may be transmitted to
						the commission by physical delivery or mail. As used in this chapter, "party"
						has the same meaning as "party in interest."
(2) CONTENTS. The complaint shall contain all
						of the following:
(a) The name, address,
						phone number, and affiliation, if any, of each complainant, and of any
						representative of a complainant. Fax numbers and e-mail addresses shall be
						included, if available.
(b) The
						name, address and phone number of each respondent, and any other party named in
						the complaint. Fax numbers and e-mail addresses shall be included, if
						available.
(c) A clear and concise
						statement of the facts constituting the alleged prohibited practice or
						practices, including the time and place of occurrence of particular acts and
						the provisions of s. 111.70(3),
						Stats., alleged to have been violated.
(d) A statement of the remedy or remedies the
						complainant is requesting the commission to order.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.03 - Answer to complaint

Current through June 24, 2024
(1) WHO SHALL FILE; FORM; NUMBER OF COPIES;
						FAILURE TO TIMELY FILE. Each respondent named in the complaint shall file an
						answer to the complaint with the commission on or before the date designated in
						the notice of hearing. The answer shall be in writing and shall bear the
						signature or a facsimile of the signature of the party or representative filing
						the answer. The answer shall be transmitted to the commission as set forth in
						s.
						ERC
						10.06(1). If the answer is filed in
						paper form, a total of 3 copies shall be provided to the commission.
						Affirmative defenses not raised by a timely answer are waived.
(2) SERVICE. Copies of the answer shall be
						served by the respondent on the complainant or other persons who are designated
						in the notice of hearing as required to be served, on or before the date
						designated in the notice of hearing, by a method set forth in s.
						ERC
						10.07.
(3)
						CONTENTS. The answer shall contain all of the following:
(a) A specific admission or denial of each
						allegation of the complaint or part of an allegation, or a denial based on a
						statement that the filing party is without knowledge about the
						allegation.
(b) A specific detailed
						statement of any affirmative defense.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.04 - Motions

Current through June 24, 2024
(1) GENERALLY.
(a)
Presentation.
All
						motions shall be made in writing, except that motions made at a hearing may be
						stated orally on the record, and all motions shall briefly state the order,
						ruling, or action sought and shall state the grounds for the motion. Alternate
						relief may be requested. Any party may by motion request that the commission or
						examiner take any action which they are authorized by law to take. Any
						statement opposing a motion shall be promptly filed and shall conform to the
						same requirements as this paragraph provides for motions. Written motions, and
						written statements opposing them, may be transmitted to the commission as set
						forth in s.
						ERC
						10.06(1). If the motion is filed in
						paper form, a total of 2 copies of the motion shall be included. The party
						filing a written motion or written statement opposing a motion shall, at the
						same time, serve a copy on each of the other parties or their representatives,
						as set forth in s.
						ERC
						10.07.
(b)
Disposition.
The commission or examiner shall rule on all
						motions. Motions made during a hearing shall be ruled on either during the
						hearing or when the entire record is considered. All rulings on motions shall
						be in writing, or if made at the hearing, may be stated orally on the
						record.
(c)
Rulings and
						orders part of record.
All motions and any related rulings or orders
						shall become part of the record.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.05 - Hearings

Current through June 24, 2024
Practice and procedure for hearings in prohibited practice
							complaint proceedings shall be as set forth in s.
							ERC
							18.08, except that the rule reference in s.
							ERC 18.08(6)
							(b) shall be to s.
							ERC 12.04(2)
							(c).
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.06 - Findings of fact, conclusions of law and order

Current through June 24, 2024
(1) ISSUANCE. After
						the close of the evidence and the submission of closing arguments, or on
						granting a motion for dismissal of a complaint, the commission or examiner
						shall issue written findings of fact, conclusions of law and order to the
						parties. Copies of decisions 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.
(2) CONTENTS. The findings of fact and
						conclusions of law shall be made regarding all material issues of fact and law
						presented on the record. The order, which shall state the determination as to
						the rights of the parties, may dismiss or may sustain the complaint in whole or
						in part or require the respondent to cease and desist from the prohibited
						practices found and take affirmative action that shall effectuate the policies
						of the Municipal Employment Relations Act.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.07 - Interlocutory findings of fact, conclusions of law and order

Current through June 24, 2024
The commission may, after the close of the hearing and
							pending the final determination by it of any controversy, make and issue
							interlocutory findings of fact, conclusions of law and order when doing so
							shall effectuate the policies of the Municipal Employment Relations Act, which
							may be enforced in the same manner as final orders.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.08 - Setting aside, modifying, changing or reversing findings of fact, conclusions of law and order

Current through June 24, 2024
Within 20 days from the date findings of fact, conclusions of
							law and order are issued, they may be set aside, modified, changed or reversed
							by the commission or examiner if any mistake is discovered in the decision or
							on grounds of newly discovered evidence, provided that no petition for review
							of an examiner's findings, conclusions and order has been filed with the
							commission. If within that 20 day period no order is issued setting aside,
							modifying, changing or reversing the findings of fact, conclusions of law and
							order and no petition for review of an examiner's findings, conclusions and
							order has been filed, then the examiner's findings, conclusions and order shall
							become the commission's by operation of law under s.
							111.07(5),
							Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.09 - Review of findings of fact, conclusions of law and order issued by examiner

Current through June 24, 2024
(1)
						RIGHT TO FILE PETITION, TIME TO FILE PETITION. Within 20 days from the date a
						copy of the findings of fact, conclusions of law and order of an examiner was
						mailed to the last known address of the parties, any party dissatisfied with
						the findings of fact, conclusions of law and order may file a written petition
						with the commission as set forth in s.
						ERC
						10.06(1), and shall, at the same
						time, serve copies of the petition on the other parties as set forth in s.
						ERC
						10.07, to review the findings of fact, conclusions of
						law and order. If the commission is satisfied that a party has been prejudiced
						because of exceptional delay in the receipt of a copy of any findings of fact,
						conclusions of law and order, it may extend the time another 20 days for filing
						the petition for review.
(2)
						DISPOSITION. If a petition for commission review is timely filed, the
						commission shall promptly establish a schedule for the submission of written
						arguments by the parties beginning with the party that filed the petition for
						commission review. The commission shall then review the record and issue to the
						parties its own findings of fact, conclusions of law and order in the matter.
						Copies of decisions 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 10-19 - Municipal Employment Relations Act › Chapter ERC 12 - Municipal sector prohibited practices › Section ERC 12.10 - Petition for rehearing

Current through June 24, 2024
Any person aggrieved by a final order of the commission may,
							within 20 days after service of the order, file a written petition for
							rehearing which shall specify in detail the grounds for the relief sought and
							supporting authorities. Practice and procedure regarding the filing and
							processing of a petition for rehearing in a prohibited practice complaint case
							shall be as set forth in s.
							ERC
							18.11.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 13 - Mediation of municipal sector labor disputes › Section ERC 13.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to
							mediation of labor disputes under s.
							111.70(4) (c) 1. and (cm)
							3., Stats., involving collective bargaining
							units of municipal employees or units of supervisory law enforcement or
							supervisory fire fighter personnel of a municipal employer.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 13 - Mediation of municipal sector labor disputes › Section ERC 13.02 - Policy

Current through June 24, 2024
To promote the prompt and peaceful settlement of labor
							disputes affecting terms and conditions of municipal sector employment in
							Wisconsin, the commission offers various mediation services involving
							designation of mediators to assist the parties in reaching a voluntary
							settlement. In order to maintain and enhance the effectiveness of the mediation
							function, the commission has established rules and procedures designed to
							maintain confidentiality of the mediation process.