reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.08 - Proceedings before ad hoc arbitrator

Current through June 24, 2024
Proceedings before any ad hoc grievance arbitrator or
							grievance arbitration board chair selected through the procedures described in
							this chapter, including subpoena practice, shall be as provided in ch. 788,
							Stats. Except as otherwise required by commission rules, proceedings before the
							ad hoc grievance arbitrator or arbitration board chair 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. Hearings
							conducted by an ad hoc arbitrator or grievance arbitration board chair shall be
							not be open to the public unless the parties jointly agree
							otherwise.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.09 - Ad hoc arbitrator's award and report

Current through June 24, 2024
Any ad hoc arbitrator or arbitration board chair designated
							by the commission or selected by the parties from a panel designated by the
							commission shall, after the arbitrator has submitted an award to the parties,
							file a copy of the award with the commission, as well as a report reflecting a
							breakdown of fees and expenses, if any. When received by the commission,
							grievance awards by ad hoc arbitrators shall be available to the public for
							purchase from the commission's Madison office. Grievance awards shall not be
							made public if doing 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 ad hoc
							arbitrator but shall be acted on by the commission.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 17 - Clarification of municipal sector bargaining units › Section ERC 17.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to
							clarification of municipal sector bargaining units under the Municipal
							Employment Relations Act to determine whether one or more positions are
							properly included in or excluded from an existing collective bargaining unit of
							municipal employees or from an existing unit 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 17 - Clarification of municipal sector bargaining units › Section ERC 17.02 - Petition for unit clarification

Current through June 24, 2024
(1) WHO MAY FILE. A
						petition to determine whether one or more positions shall be included in or
						excluded from an existing collective bargaining unit may be filed by the
						exclusive representative of the bargaining unit or by the municipal employer or
						by an authorized representative of one of those parties.
(2) FORM, NUMBER OF COPIES, FILING AND
						SERVICE. The petition 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 petition.
						A petition is not filed unless it contains the required signature or signature
						facsimile and unless and until the petition has been actually received by the
						commission at its Madison office during normal business hours specified in s.
						ERC
						10.06(1). The petition shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the petition is filed in
						paper form, a total of two copies of the petition shall be included. The party
						filing the petition shall, at the same time, serve a copy on the other party,
						or its designated representative, as set forth in s.
						ERC
						10.07.
(3)
						CONTENTS. The petition shall include all of the following:
(a) The name and address of the municipal
						employer, and the name, address and phone number of its principal
						representative. Fax numbers and e-mail addresses shall be included, if
						available.
(b) The name and address
						of the exclusive representative of the bargaining unit, and the name, address
						and phone number of its principal representative. Fax numbers and e-mail
						addresses shall be included, if available.
(c) A description of the existing collective
						bargaining unit, specifying existing inclusions and exclusions, the approximate
						number of personnel in the unit, whether the exclusive representative is
						voluntarily recognized or certified, and, if certified, the decision number of
						the commission certification involved.
(d) A statement identifying the positions and
						number of employees in the positions requested to be included in, or excluded
						from, the existing bargaining unit and the reason for the proposed inclusion or
						exclusion of each position.
(e) The
						name, address, phone number and affiliation, if any, of the petitioner and of
						its principal representative. Fax numbers and e-mail addresses shall be
						included, if available.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 17 - Clarification of municipal sector bargaining units › Section ERC 17.03 - 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 17 - Clarification of municipal sector bargaining units › Section ERC 17.04 - Commission pre-hearing action on petition

Current through June 24, 2024
(1) CONCILIATION.
						If the commission determines that further proceedings are warranted, the
						commission may cause an effort to reach informal settlement of all or part of a
						unit clarification petition to be undertaken by a commission designee. A
						conciliator so designated shall attempt through mediation to assist the parties
						in reaching an informal agreement resolving some or all of the issues that
						might otherwise require a hearing. The pendency of conciliation shall not
						preclude the scheduling or conduct of a hearing if scheduling is specifically
						requested by any party prior to the conclusion of conciliation. If the
						conciliator concludes that further conciliation efforts are unlikely to produce
						a settlement, the processing of the case shall proceed, including the
						scheduling of a hearing, if appropriate.
(2) NOTICE OF HEARING.
(a)
When issued.
Following
						the filing of a petition and following conciliation, if further proceedings are
						warranted, the commission or assigned examiner shall schedule a date and time
						for the hearing and serve all parties and their representatives with a notice
						of hearing.
(b)
Contents.
The notice of hearing shall include all of the
						following:
1. A statement of the time, place,
						and nature of the hearing, including a statement that the unit clarification
						proceeding is a class 1 proceeding as defined in s.
						227.01(3) (a) to
						(c), Stats. Unless the parties have agreed
						otherwise or unless the commission or examiner finds that unusual circumstances
						require otherwise, the hearing shall be held not less than 10 days after the
						notice of hearing is served. The hearing may be rescheduled in the manner
						prescribed in s.
						ERC 18.06(2)
						(d).
2. A statement of the legal authority and
						jurisdiction under which the hearing is to be held.
3. A statement that the purpose of the
						hearing is to determine whether the existing bargaining unit described in the
						petition shall be clarified to include or exclude positions referenced in the
						petition.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 17 - Clarification of municipal sector bargaining units › Section ERC 17.06 - Hearings

Current through June 24, 2024
Hearings shall be open to the public and limited to the
							litigation of and oral argument on issues of fact or law regarding whether the
							existing unit described in the petition shall be clarified to include or
							exclude the positions referenced in the petition. The commission or examiner
							conducting the hearing shall inquire fully into all matters in issue, to obtain
							a full and complete record upon which the duties of the commission under the
							Municipal Employment Relations Act may be properly performed. Practice and
							procedure for hearings in unit clarification proceedings shall otherwise be as
							set forth in s.
							ERC
							18.08.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 17 - Clarification of municipal sector bargaining units › Section ERC 17.07 - Order clarifying bargaining unit or other dispositional order

Current through June 24, 2024
Issuance; contents; publication. As soon as possible after
							submission of the case, the commission shall, in writing, either clarify the
							bargaining unit or dismiss the petition, or make other orders regarding the
							disposition of the petition. 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 17 - Clarification of municipal sector bargaining units › Section ERC 17.08 - 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 regarding filing and processing
							of a petition for rehearing in a unit clarification proceeding 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 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.02 - Petition

Current through June 24, 2024
(1) WHO MAY FILE. A petition for the
						determination of a dispute concerning the duty to bargain on any subject may be
						filed by a municipal employer or by the exclusive collective bargaining
						representative of municipal employees.
(2) FORM, NUMBER OF COPIES, FILING AND
						SERVICE. The petition shall be in writing in the form described below and shall
						include the signature or a facsimile of the signature of the party or
						representative filing the petition. A petition is not filed unless it contains
						the required signature or signature facsimile and unless and until the petition
						has been actually received by the commission at its Madison office during
						normal business hours specified in s.
						ERC
						10.06(1). The petition shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the petition is filed in
						paper form, a total of 2 copies of the petition shall be included. The petition
						shall be captioned as follows:
"STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT
RELATIONS COMMISSION
__________________________________________________
In the Matter of the Petition of
(NAME OF PETITIONER)
Requesting a Sec. 111.70 (4) (b), Stats., Declaratory
							Ruling
Involving a Dispute Between the Petitioner and
(NAME OF OTHER PARTY)
__________________________________________________"
The party filing the petition shall, at the same time, serve
							a copy on the other party, or its designated representative, as set forth in s.
							ERC
							10.07.
(3)
						CONTENTS. The petition shall include all of the following:
(a) The name and address of the municipal
						employer involved, and the name, address and phone number of its principal
						representative. Fax numbers and e-mail addresses shall be included, if
						available.
(b) The name and address
						of the exclusive representative involved, and the name, address and phone
						number of its principal representative. Fax numbers and e-mail addresses shall
						be included, if available.
(c) A
						description of the certified or recognized collective bargaining unit involved,
						as well as the approximate number of employees in the unit.
(d) A clear and concise statement of the
						subject or subjects over which a dispute has arisen concerning the duty to
						bargain.
(e) A statement of the
						position of the petitioner as to whether or not the parties are under a duty to
						bargain on the subject or subjects listed in the petition.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.03 - Statement in response to petition

Current through June 24, 2024
(1) WHO SHALL FILE.
						The party other than the petitioner shall, within a time established by the
						commission, file with the commission a statement in response to the
						petition.
(2) FORM, NUMBER OF
						COPIES, FILING AND SERVICE. The statement in response shall be in writing and
						shall include the caption of the case and the signature or a facsimile of the
						signature of the party or representative filing the statement. The statement
						shall be transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the statement is filed
						in paper form, a total of 2 copies shall be provided to the commission. The
						party filing the statement in response shall, at the same time, serve a copy on
						the petitioner or its designated representative, as set forth in s.
						ERC
						10.07.
(3)
						CONTENTS. The statement in response shall include all of the following:
(a) A statement of the position taken by the
						responding party as to whether the parties are under a duty to bargain on the
						subject or subjects listed in the petition.
(b) A clear and concise statement of the
						facts and arguments relied upon by the responding party in support of its
						position regarding the petition.
(c) Corrections, as necessary, of the names,
						addresses, phone numbers, fax numbers, e-mail addresses, affiliations and
						representatives in the petition, or of the description of the collective
						bargaining unit involved, or the number of employees in the unit.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.04 - 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 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.05 - Stipulation for declaratory ruling

Current through June 24, 2024
(1) WHO MAY FILE.
						Where a municipal employer and the exclusive representative of employees of the
						municipal employer in an appropriate collective bargaining unit are in dispute
						concerning the duty to bargain on any subject, those parties may jointly file a
						stipulation for a declaratory ruling with regard to the dispute.
(2) FORM, NUMBER OF COPIES AND FILING. The
						stipulation for a declaratory ruling shall be in writing in the form described
						below and shall contain the signatures or facsimiles of the signatures of both
						parties or their designated representatives. 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 petition shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the petition is filed in
						paper form, a total of 2 copies of the petition shall be included. The
						stipulation shall be captioned as follows:
"STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT
RELATIONS COMMISSION
__________________________________________________
In the Matter of the Stipulation between
(NAME OF MUNICIPAL EMPLOYER)
and
(NAME OF EXCLUSIVE REPRESENTATIVE)
Requesting a Sec. 111.70 (4) (b), Stats., Declaratory
							Ruling
Involving a Dispute Between the Parties
__________________________________________________"
(3) CONTENTS. The stipulation shall include
						all of the following:
(a) The caption in the
						form noted above.
(b) The name,
						address and phone number of the municipal employer involved and of its
						principal representative. Fax numbers and e-mail addresses shall be included,
						if available.
(c) The name,
						address, phone number and affiliation, if any, of the exclusive representative
						involved and of its principal representative. Fax numbers and e-mail addresses
						shall be included, if available.
(d) A description of the certified or
						recognized collective bargaining unit involved, as well as the approximate
						number of employees in the unit.
(e) A clear and concise statement of the
						subject or subjects over which a dispute has arisen concerning the duty to
						bargain.
(f) A statement of any
						stipulated facts.
(g) A clear and
						concise statement of the position taken by each party as to whether the parties
						are under a duty to bargain on the subject or subjects listed in the
						stipulation.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.06 - 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, shall 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 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.07 - Notice of hearing

Current through June 24, 2024
(1) WHEN ISSUED. Following the filing of a
						petition, if the commission determines that a hearing is warranted, the
						commission or examiner shall schedule a date and time for the hearing and serve
						all parties and their representatives with a notice of hearing.
(2) CONTENTS. The notice of hearing shall
						include all of the following:
(a) A statement
						of the time, place, and nature of the hearing, including a statement that the
						proceeding involved is a class 1 proceeding as defined in s.
						227.01(3) (a) to
						(c), Stats. Unless the parties have agreed
						otherwise or unless the commission or examiner finds that unusual circumstances
						require otherwise, the hearing shall be held not less than 10 days after the
						notice of hearing is served. The hearing may be rescheduled in the manner
						prescribed in s.
						ERC 18.06(2)
						(d).
(b) A statement of the legal authority and
						jurisdiction under which the hearing is to be held.
(c) A short and plain statement of the
						matters asserted, by reference to the pleadings on file, or
						otherwise.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.08 - Hearings

Current through June 24, 2024
(1) SCOPE. Hearings shall be open to the
						public and limited to the litigation of and oral argument on issues of fact or
						law raised by the parties and remaining for disposition. The commission or
						examiner conducting the hearing shall inquire fully into all matters in issue,
						to obtain a full and complete record upon which the duties of the commission
						may be properly performed.
(2) BY
						WHOM CONDUCTED. The hearing shall be conducted by an examiner assigned by the
						commission unless the commission decides to hear the case.
(3) RIGHTS OF PARTIES AT HEARING.
(a)
Opportunity to be heard.
Any party shall have the right to appear in person or by counsel or by any
						other representative to present the case by oral, documentary, or other
						evidence, and to conduct cross examination. Any party shall be entitled, on
						request, to a reasonable period for oral argument at an appropriate time during
						the hearing and to submit closing arguments in writing within a time period
						after the hearing specified for that purpose by the commission or
						examiner.
(b)
Effect of
						failure to appear.
Unless good cause is shown, any party failing to
						appear and participate after due notice waives the rights listed in par. (a),
						except the right to submit closing arguments in writing within a time period
						after the hearing specified for that purpose by the commission or examiner, and
						shall not later introduce any evidence. The commission or examiner may rely on
						the record as made at the hearing.
(c)
Impartiality.
Parties
						have the right to have their case heard and decided by impartial individuals.
						Commission members and examiners shall recuse themselves from participation in
						proceedings which they are or become incapable of hearing or deciding without
						evident partiality or the appearance of partiality. Parties have the right to
						request by motion, on grounds of lack of impartiality, that a commission member
						or examiner voluntarily recuse himself or herself from participation in a
						proceeding. The filing of a recusal request does not necessarily require that
						the commission member or examiner recuse himself or herself from further
						participation in the proceeding. Parties dissatisfied with the commission
						member or examiner's response to a recusal request have the right to request by
						motion, on grounds of a lack of impartiality, that the commission remove the
						commission member or examiner from participation in a
						proceeding.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.09 - Findings of fact, conclusions of law and declaratory ruling

Current through June 24, 2024
(1) ISSUANCE. After
						submission of the case, the commission shall make and file its findings of
						fact, conclusions of law and declaratory ruling. The date on which a hearing is
						closed, the date on which the last brief is received, or the date on which the
						last document necessary to the decision of the case is received, whichever is
						later, shall be regarded as the date of the submission of the case.
(2) CONTENTS. The findings of fact and
						conclusions of law shall be made upon all material issues of fact and law
						presented on the record. The declaratory ruling shall state the determination
						as to the duty to bargain on the subject or subjects submitted.
(3) PUBLIC DOCUMENT WHEN ISSUED. When issued,
						the commission's findings of fact, conclusions of law and declaratory ruling
						are available for purchase from the commission's Madison office and may also be
						available on the commission's website and in other commission
						publications.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.10 - Application of declaratory ruling in prohibited practice proceedings

Current through June 24, 2024
The findings of fact, conclusions of law and declaratory
							ruling shall bind all of the parties on all facts found and issues determined
							in the declaratory ruling in a prohibited practice proceeding pending or
							commenced after the issuance of the declaratory ruling.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 18 - Municipal sector scope of bargaining declaratory rulings › Section ERC 18.11 - Petition for rehearing

Current through June 24, 2024
(1) RIGHT TO FILE; TIME TO FILE; CONTENTS. A
						petition for rehearing shall not be a prerequisite for appeal or review. 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. The
						petition for rehearing shall be transmitted to the commission as set forth in
						s.
						ERC
						10.06(1). A petition for rehearing is
						not filed until the petition has been received by the commission at its Madison
						office during normal business hours specified in s.
						ERC
						10.06(1). The commission may order a
						rehearing on its own motion within 20 days after service of a final order. The
						commission is not required to conduct more than one rehearing based on a
						petition for rehearing filed under this subsection in any contested
						case.
(2) EFFECT OF PETITION. The
						filing of a petition for rehearing shall not suspend or delay the effective
						date of the commission's order, and the order shall take effect on the date
						established by the commission and shall continue in effect unless the petition
						is granted or until the order is superseded, modified, or set aside as provided
						by law.
(3) BASES FOR GRANTING.
						Rehearing shall be granted only on the basis of any of the following:
(a) Some material error of law.
(b) Some material error of fact.
(c) The discovery of new evidence
						sufficiently strong to reverse or modify the order, and which could not have
						been previously discovered by due diligence.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to
							discretionary declaratory rulings requested under s.
							227.41(2),
							Stats., concerning the Municipal Employment Relations Act and rules concerning
							its administration.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.02 - Petition

Current through June 24, 2024
(1) WHO MAY FILE. 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 Municipal Employment Relations Act or any rule concerning its
						administration.
(2) FORM, NUMBER OF
						COPIES, FILING AND SERVICE. The petition shall be in writing in the form
						described below and shall include the signature or a facsimile of the signature
						of the party or representative filing the petition. A petition is not filed
						unless it contains the required signature or signature facsimile and unless and
						until the petition has been actually received by the commission at its Madison
						office during normal business hours specified in s.
						ERC
						10.06(1). The petition shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the petition is filed in
						paper form, a total of 2 copies of the petition shall be included. The petition
						shall be captioned as follows:
"STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT
RELATIONS COMMISSION
___________________________________________________
In the Matter of the Petition of
(NAME OF PETITIONER)
Requesting a Sec. 227.41 (2) Stats., Declaratory
							Ruling
Involving a Dispute Between the Petitioner and
(NAME OF OTHER PARTY)
__________________________________________________"
The party filing the petition shall, at the same time, serve
							a copy, as set forth in s.
							ERC
							10.07, on any other party the petitioner seeks to bind
							to the declaratory ruling.
(3)
						CONTENTS. The petition shall include all of the following:
(a) The name and address of the petitioner,
						and the name, address and phone number of its principal representative. Fax
						numbers and e-mail addresses shall be included, if available.
(b) The name and address of any other party
						the petitioner seeks to bind to the declaratory ruling, and the name, address
						and phone number of its principal representative, if any. Fax numbers and
						e-mail addresses shall be included, if available.
(c) A statement identifying the rule or
						statute about which the declaratory ruling is requested.
(d) A clear and concise statement of the
						declaratory ruling the petitioner is requesting the commission to
						issue.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.03 - Statement in response to petition

Current through June 24, 2024
(1) WHO SHALL FILE.
						Any party named in the petition other than the petitioner may, within a time
						established by the commission, file with the commission a statement in response
						to the petition.
(2) FORM, NUMBER
						OF COPIES, FILING AND SERVICE. The statement in response shall be in writing
						and shall include the caption of the case and the signature or a facsimile of
						the signature of the party or representative filing the statement. The
						statement shall be transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the statement is filed
						in paper form, a total of 2 copies shall be provided to the commission. The
						party filing the statement in response shall, at the same time, serve a copy on
						the petitioner or its designated representative, as set forth in s.
						ERC
						10.07.
(3)
						CONTENTS. The statement in response shall include all of the following:
(a) A statement of the position taken by the
						responding party as to what action the commission should take regarding the
						petition.
(b) A clear and concise
						statement of the facts and arguments relied upon by the responding party in
						support of its position regarding the petition.
(c) Corrections, as necessary, of the names,
						addresses, phone numbers, fax numbers, e-mail addresses, affiliations and
						representatives in the petition.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.04 - 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 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.05 - 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 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.06 - Commission action on petition

Current through June 24, 2024
Within a reasonable time after receipt of a petition under
							this chapter, the commission may either deny the petition in writing or
							schedule the matter for hearing. If the commission denies the petition, it
							shall promptly notify the person who filed the petition of its decision,
							including a brief statement of the reasons for the denial.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.07 - Notice of hearing

Current through June 24, 2024
(1) WHEN ISSUED. If the commission determines
						that a hearing is warranted, the commission or examiner shall schedule a date
						and time for the hearing and serve all parties and their representatives with a
						notice of hearing.
(2) CONTENTS.
						The notice of hearing shall include all of the following:
(a) A statement of the time, place, and
						nature of the hearing, including a statement that the declaratory ruling
						proceeding under s. 227.41(2),
						Stats., is a class 1 proceeding as defined in s.
						227.01(3) (a) to
						(c), Stats. Unless the parties have agreed
						otherwise or unless the commission or examiner finds that unusual circumstances
						require otherwise, the hearing shall be held not less than 10 days after the
						notice of hearing is served. The hearing may be rescheduled in the manner
						prescribed in s.
						ERC 18.06(2)
						(d).
(b) A statement of the legal authority and
						jurisdiction under which the hearing is to be held.
(c) A short and plain statement of the
						matters asserted, by reference to the pleadings on file, or
						otherwise.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.08 - Hearings

Current through June 24, 2024
Practice and procedure for hearings in discretionary
							declaratory ruling proceedings shall be as set forth in s.
							ERC
							18.08.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.09 - Findings of fact, conclusions of law and declaratory ruling

Current through June 24, 2024
Practice and procedure regarding commission issuance of
							findings of fact, conclusions of law and declaratory ruling in discretionary
							declaratory ruling proceedings shall be as set forth in s.
							ERC
							18.09.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.10 - Effect of declaratory ruling

Current through June 24, 2024
Unless it is altered or set aside by a court, a declaratory
							ruling issued under this chapter shall bind the commission and all parties to
							the proceedings on the facts found and issues determined by the
							commission.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 19 - Discretionary municipal sector declaratory rulings under ch. 227, Stats › Section ERC 19.11 - 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 of a
							petition for rehearing in a discretionary declaratory ruling proceeding shall
							be as set forth in s.
							ERC
							18.11.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 20 - General state sector provisions › Section ERC 20.01 - Purpose and interpretation

Current through June 24, 2024
Chapters
							ERC
							20 to 29, 40, and 50 govern the conduct of all
							proceedings involving state employment relations before the Wisconsin
							Employment Relations Commission. As used in chs.
							ERC
							20 to 29, 40, and 50, "State Employment Labor
							Relations Act" means subch. V of ch. 111, Stats. Chapters
							ERC
							20 to 29 shall be interpreted to serve the purposes
							and provisions of the State Employment Labor Relations Act, as shall chs.   ERC 40   and  50   in connection with state sector employment. Nothing in chs.
							ERC
							20 to 29, 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
							20 to 29, 40, or 50 to serve the purposes and
							provisions of the State Employment Labor Relations Act, unless a party shows
							that it would be prejudiced by the waiver.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 20 - General state sector provisions › Section ERC 20.02 - Chapters

Current through June 24, 2024
Chapters
							ERC
							21 to 29, 40, and 50 contain special rules applicable
							to the type of proceeding described in the caption of the chapter. Chapter
							ERC
							20 contains general rules applicable to all types of
							proceedings in state employment relations and shall be read in conjunction with
							the chapter governing the particular proceeding.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 20 - General state sector provisions › Section ERC 20.03 - Resolution of conflicts

Current through June 24, 2024
In any conflict between a general rule in ch. ERC 20 and a
							specific provision in chs.
							ERC
							21 to 29, 40, or 50, the specific provision shall
							govern.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 20 - General state sector provisions › Section ERC 20.05 - Transfer, consolidation and severance of proceedings

Current through June 24, 2024
Whenever the commission finds it necessary, in order to serve
							the purposes of the State Employment Labor Relations Act, 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 State Employment Labor Relations Act may be combined or
							severed.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 20 - General state sector provisions › Section ERC 20.08 - Fee schedule

Current through June 24, 2024
(1) COMPLAINTS. For a complaint alleging that
						an unfair labor practice has been committed under s.
						111.84, Stats., the complaining
						party or parties shall pay the commission a filing fee as set forth in s.
						ERC
						10.08(1).
(2) GRIEVANCE ARBITRATION. For a request that
						the commission or its staff act as a grievance arbitrator under s.
						111.86, Stats., the parties to
						the dispute shall each pay the commission a filing fee as set forth in s.
						ERC
						10.08(2).
(3) MEDIATION. For a request that the
						commission or its staff act as a mediator under s.
						111.87, Stats., the parties to
						the dispute shall each pay the commission a filing fee as set forth in s.
						ERC
						10.08(3).
(4) FACT-FINDING. For a request that the
						commission initiate fact-finding under s.
						111.88, Stats., the parties to
						the dispute shall each pay the commission a filing fee as set forth in s.
						ERC
						10.08(4), 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) TRANSCRIPTS. Any party requesting the
						commission to provide a transcript of a commission proceeding shall pay a fee
						as set forth in s.
						ERC
						10.08(6).
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 20 - General state sector provisions › Section ERC 20.09 - Computation of time

Current through June 24, 2024
Computation of any period of time prescribed by or allowed by
							chs.
							ERC
							20 to 29, 40, or 50, or by order of the commission or
							individual conducting the proceeding, shall be as set forth in s.
							ERC
							10.09.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 20 - General state sector provisions › Section ERC 20.10 - Forms

Current through June 24, 2024
Lists and copies of commission forms may be obtained from the
							commission's Madison office or the agency website.
The address of the commission's website is
http://werc.wi.gov
.
For the commission's Madison office, the mailing address
								is 4868 High Crossing Blvd., Madison, WI 53704-7403.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 21 - Elections to determine bargaining representatives for state sector personnel › Section ERC 21.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to
							elections under s. 111.83, Stats., affecting
							bargaining units of state employees specified in s.
							111.825, Stats., or bargaining
							units of supervisors specified in s.
							111.825(5),
							Stats. This chapter also governs the general procedure relating to
							unit-determination elections under s.
							111.83(5),
							Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 21 - Elections to determine bargaining representatives for state sector personnel › Section ERC 21.02 - Petition for election

Current through June 24, 2024
A petition to determine a collective bargaining
							representative or an appropriate collective bargaining unit may be filed by one
							or more state employees specified in s.
							111.825, Stats., or by one or
							more supervisors specified in s.
							111.825(5),
							Stats., or by a labor organization acting on their behalf, or by the employer
							or anyone authorized to act on its behalf. Practice and procedure for filing
							and processing a petition under this chapter shall otherwise be as set forth in
							s.
							ERC
							11.02.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 21 - Elections to determine bargaining representatives for state sector personnel › Section ERC 21.04 - Stipulation for election

Current through June 24, 2024
Where the employer, and one or more individual employees or
							supervisors or a labor organization acting on their behalf, and the exclusive
							representative, if any, of an existing unit agree that a question of
							representation has arisen concerning employees or concerning supervisors, those
							parties may jointly file a stipulation for an election to resolve that
							question. Practice and procedure concerning a stipulation for an election shall
							otherwise be as set forth in s.
							ERC
							11.04.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 21 - Elections to determine bargaining representatives for state sector personnel › Section ERC 21.05 - Commission pre-hearing action on petition

Current through June 24, 2024
Practice and procedure regarding commission pre-hearing
							action on a petition for an election shall be as set forth in s.
							ERC
							11.05.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 21 - Elections to determine bargaining representatives for state sector personnel › Section ERC 21.08 - Direction of election or other dispositional order

Current through June 24, 2024
Practice and procedure regarding a commission direction of
							election or other dispositional order in an election proceeding shall be as set
							forth in s.
							ERC
							11.08.
Wisconsin Administrative Code › Employment Relations Commission › ERC 20-29 - State Employment Labor Relations Act › Chapter ERC 21 - Elections to determine bargaining representatives for state sector personnel › Section ERC 21.09 - Elections

Current through June 24, 2024
Practice and procedure for conducting elections shall be as
							set forth in s.
							ERC
							11.09, except that the statutory reference in s.
							ERC
							11.09(6) shall be to s.
							111.83(4),
							Stats.