reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 70.07 - 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 or impartial agents designated by
						the commission. The commission shall determine on a case by case basis whether
						the secret balloting shall be conducted on-site or by mail or by other means
						determined by the commission to be fair and reliable. 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
						at times, locations, and in a form specified by the commission.
(3) OBSERVERS. Any interested party may be
						represented by observers at on-site election locations and at locations at
						which vote counts are conducted. Observers shall be selected in accordance with
						limitations, if any, established by the commission.
(4) CHALLENGE OF VOTERS. Any party, observer,
						or commission agent conducting the election may challenge, for good cause, the
						eligibility of any person to vote in the election. The ballots of challenged
						voters shall be impounded or otherwise segregated without being opened or
						counted.
(5) COUNT AND TALLY OF
						BALLOTS. Upon the conclusion of the election, the commission shall furnish a
						tally of ballots to the parties.
(6) INCONCLUSIVE ELECTIONS. When more than
						one proposed representative appears on the ballot, if a minimum of 51 percent
						of the eligible voters favor representation but no single representative
						receives the votes of a minimum of 51 percent of the eligible voters, the
						commission, on request of any party, may conduct a runoff 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 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 70.08 - Certification of results of election

Current through June 24, 2024
If challenged ballots are insufficient in number to affect
							the results, no runoff election is needed, and no timely objections are filed
							under s.
							ERC
							70.09, the commission shall issue to the parties a
							certification of the results of the election.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 70.09 - 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 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 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 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 70.10 - Commission action on challenges or objections

Current through June 24, 2024
(1) HEARING. If
						challenges to voter eligibility or objections to election conduct may affect
						the election outcome and 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.
(a) As soon as possible after submission of
						the case, the commission shall, in writing, either sustain or overrule each
						challenge or objection.
(b) 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.
(c) 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.
(d) If the commission overrules all
						objections, it shall promptly issue a certification of the election
						results.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 70.11 - Consequences of failure to achieve support of 51 percent of those eligible to vote in the annual certification election

Current through June 24, 2024
If no representative is ultimately supported by a minimum of
							51 percent of the employees eligible to vote, the commission shall issue a
							certification of the results of the election including a notice of the
							following:
(1) If no collective
						bargaining agreement is in effect, the existing representative shall no longer
						be entitled to exclusive representative status for purposes of collective
						bargaining as of the date of the commission's certification of results. If a
						collective bargaining agreement is in effect, the existing representative shall
						no longer be entitled to exclusive representative status for purposes of
						collective bargaining as of the expiration of the agreement.
(2) The employees in the bargaining unit
						shall not be included in a substantially similar collective bargaining unit for
						a minimum of one year following the applicable date specified in sub. (1).
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 70.12 - 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 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.01 - Policy

Current through June 24, 2024
This chapter implements the portion of s.
							111.70(4) (d) 3
							b., Stats., requiring the commission to conduct an annual election, no later
							than May 1, to determine whether collective bargaining representation shall
							continue for represented municipal sector general nonschool district employees
							who, as of January 30, are not subject to a collective bargaining agreement or
							are subject to a collective bargaining agreement entered into on or after June
							29, 2011. The existing exclusive representative of such employees that wishes
							to continue said representation, or any other labor organization interested in
							representing such employees, must file a petition on or before January 30
							requesting the commission to conduct a secret ballot election to determine
							whether a minimum of 51 percent of the bargaining unit employees eligible to
							vote favor collective bargaining representation by the petitioner or another
							petitioning labor organization. If no timely petition is filed, the result is
							the same as if only the existing representative filed a timely petition and the
							election resulted in decertification of the existing representative. The
							procedures in this chapter are intended to expedite the processing of a
							petition so that the ballots are cast as soon as possible following the filing
							of the petition, while providing for an orderly and fair procedure for
							resolving outcome-determinative issues, including which ballots should be
							counted. Once a timely petition has been filed, an existing representative's
							exclusive representative status is not adversely affected if the balloting is
							not concluded or the results of the election are not certified on or before May
							1.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.02 - Scope

Current through June 24, 2024
(1) BARGAINING UNITS COVERED. This chapter
						applies only to bargaining units of general municipal employees as defined in
						s. 111.70(1) (fm),
						Stats., who, as of January 30, are all of the following:
(a) Nonschool district employees.
(b) Represented by an exclusive
						representative.
(c) Not subject to
						a collective bargaining agreement or subject to a collective bargaining
						agreement entered into on or after June 29, 2011.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.04 - 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. If the sole pending petition is withdrawn after the
							petition filing deadline set forth in s.
							ERC 71.03(7)
							(a), then the consequences and notice of
							consequences of withdrawal of the petition shall be as set forth in s.
							ERC 71.03(7) (b) and
							(c) but the date of dismissal of the
							withdrawn petition shall apply in place of the date specified in s.
							ERC 71.03(7)
							(a).
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.05 - Action following filing of petition

Current through June 24, 2024
(1) FURNISHING OF
						PERSONNEL DATA BY MUNICIPAL EMPLOYER. Within 10 days of its receipt of the
						petition pursuant to s.
						ERC
						71.03(3), the municipal employer
						shall furnish the commission in an electronically sortable format an
						alphabetical list of the names of the personnel and the last 4 digits of said
						personnel's social security numbers who were employed in the collective
						bargaining unit involved as of the pay period during which the first timely
						election petition was filed or another date specified by the commission. If the
						commission so directs, the list shall also include each employee's mailing
						addresses including zip code and the employee's work unit and location. If the
						commission so directs, the municipal employer shall, within the same time
						period, submit 2 sets of mailing labels including the employee's name and
						mailing address, suitable for use in a mail ballot procedure. At the same time
						the municipal employer furnishes the commission with personnel data, the
						municipal employer shall furnish the petitioning labor organization with an
						electronically sortable alphabetical list of the names of the personnel
						provided to the commission. The period of time for furnishing the personnel
						data may be extended by the commission for good cause shown.
(2) RESPONSE TO PERSONNEL DATA. Within 10
						days of receipt of the personnel data from the municipal employer, the
						petitioner shall electronically provide the commission and the municipal
						employer with an alphabetical listing of the names of personnel that should be
						added to or deleted from the municipal employer's personnel list. The period of
						time for furnishing the list may be extended by the commission for good cause
						shown.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.06 - Direction of election or other dispositional order

Current through June 24, 2024
As soon as possible after receipt and service of the
							personnel data, the commission shall, in writing, either direct an election,
							dismiss the petition, or make other orders regarding the disposition of the
							petition. 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. The date shall be a date specified by the
							commission in the pay period in which the first timely petition was filed under
							this chapter regarding the bargaining unit, or another date specified by the
							commission. The direction of election shall provide that all individuals on the
							list provided by the municipal employer and on the list, if any, provided by a
							petitioning labor organization shall be allowed to vote, subject to the right
							of the municipal employer and any petitioning labor organization to challenge
							the eligibility of the voter.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.07 - 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 or impartial agents designated by
						the commission. The commission shall determine on a case by case basis whether
						the secret balloting shall be conducted on-site or by mail or by other means
						determined by the commission to be fair and reliable. 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
						at times, locations, and in a form specified by the commission.
(3) OBSERVERS. Any interested party may be
						represented by observers at on-site election locations and at locations at
						which vote counts are conducted. Observers shall be selected in accordance with
						limitations, if any, established by the commission.
(4) CHALLENGE OF VOTERS. Any party, observer,
						or commission agent conducting the election may challenge, for good cause, the
						eligibility of any person to vote in the election. The ballots of challenged
						voters shall be impounded or otherwise segregated without being opened or
						counted.
(5) COUNT AND TALLY OF
						BALLOTS. Upon the conclusion of the election, the commission shall furnish a
						tally of ballots to the parties.
(6) INCONCLUSIVE ELECTIONS. When more than
						one proposed representative appears on the ballot, if a minimum of 51percent of
						the eligible voters favor representation but no single representative receives
						the votes of a minimum of 51percent of the eligible voters, the commission, on
						request of any party, may conduct a runoff 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 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.08 - Certification of results of election

Current through June 24, 2024
If challenged ballots are insufficient in number to affect
							the results, no runoff election is needed, and no timely objections are filed
							under s.
							ERC
							71.09, the commission shall issue to the parties a
							certification of the results of the election.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.09 - 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 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 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 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.10 - Commission action on challenges or objections

Current through June 24, 2024
(1) HEARING. If
						challenges to voter eligibility or objections to election conduct may affect
						the election outcome and 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.
(a) As soon as possible after submission of
						the case, the commission shall, in writing, either sustain or overrule each
						challenge or objection.
(b) 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.
(c) 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.
(d) If the commission overrules all
						objections, it shall promptly issue a certification of the election
						results.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.11 - Consequences of failure to achieve support of 51 percent of those eligible to vote in the annual certification election

Current through June 24, 2024
If no representative is ultimately supported by a minimum of
							51 percent of the employees eligible to vote, the commission shall issue a
							certification of the results of the election including a notice of the
							following:
(1) If no collective
						bargaining agreement is in effect, the existing representative shall no longer
						be entitled to exclusive representative status for purposes of collective
						bargaining as of the date of commission's certification of results. If a
						collective bargaining agreement is in effect, the existing representative shall
						no longer be entitled to exclusive representative status for purposes of
						collective bargaining as of the expiration of the agreement.
(2) The employees in the bargaining unit
						shall not be included in a substantially similar collective bargaining unit for
						a minimum of one year following the applicable date specified in sub. (1).
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 71.12 - 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 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.02 - Scope

Current through June 24, 2024
(1) BARGAINING UNITS COVERED. This chapter
						applies only to bargaining units that are all of the following:
(a) General state employee bargaining units
						as defined in s. 111.825, Stats.
(b) Represented by an exclusive
						representative.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.04 - 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. If the sole pending petition is withdrawn after the
							petition filing deadline set forth in s.
							ERC 80.03(7)
							(a), then the consequences and notice of
							consequences of withdrawal of the petition shall be as set forth in s.
							ERC 80.03(7) (b) and
							(c) but the date of dismissal of the
							withdrawn petition shall apply in place of the date specified in s.
							ERC 80.03(7)
							(a).
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.05 - Action following filing of petition

Current through June 24, 2024
(1) FURNISHING OF
						PERSONNEL DATA BY STATE EMPLOYER. Within 10 days of its receipt of the petition
						pursuant to s.
						ERC
						80.03(3), the state employer shall
						furnish the commission in an electronically sortable format an alphabetical
						list of the names of the personnel and the last 4 digits of said personnel's
						social security numbers who were employed in the collective bargaining unit
						involved as of the pay period during which the first timely election petition
						was filed or another date specified by the commission. If the commission so
						directs, the list shall also include each employee's mailing addresses
						including zip code and the employee's work unit and location. If the commission
						so directs, the State employer shall, within the same time period, submit 2
						sets of mailing labels including the employee's name and mailing address,
						suitable for use in a mail ballot procedure. At the same time the state
						employer furnishes the commission with personnel data, the state employer shall
						furnish the petitioning labor organization with an electronically sortable
						alphabetical list of the names of the personnel provided to the commission. The
						period of time for furnishing the personnel data may be extended by the
						commission for good cause shown.
(2) RESPONSE TO PERSONNEL DATA. Within 10
						days of receipt of the personnel data from the state employer, the petitioner
						shall electronically provide the commission and the state employer with an
						alphabetical list of the names of personnel that should be added to or deleted
						from the state employer's personnel list. The period of time for furnishing the
						list may be extended by the commission for good cause shown.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.06 - Direction of election or other dispositional order

Current through June 24, 2024
As soon as possible after receipt and service of the
							personnel data, the commission shall, in writing, either direct an election,
							dismiss the petition, or make other orders regarding the disposition of the
							petition. 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. The date shall be a date specified by the
							commission in the pay period in which the first timely petition was filed under
							this chapter regarding the bargaining unit, or another date specified by the
							commission. The direction of election shall provide that all individuals on the
							list provided by the state employer and on the list, if any, provided by a
							petitioning labor organization, shall be allowed to vote, subject to the right
							of the state employer and any petitioning labor organization to challenge the
							eligibility of the voter.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.07 - 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 or impartial agents designated by
						the commission. The commission shall determine on a case by case basis whether
						the secret balloting shall be conducted on-site or by mail or by other means
						determined by the commission to be fair and reliable. The time within which the
						commission has directed an election to be conducted may be extended by the
						commission.
(2) NOTICE OF ELECTION.
						The state employer shall post notices to personnel concerning the election at
						times, locations, and in a form specified by the commission.
(3) OBSERVERS. Any interested party may be
						represented by observers at on-site election locations and at locations at
						which vote counts are conducted. Observers shall be selected in accordance with
						limitations, if any, established by the commission.
(4) CHALLENGE OF VOTERS. Any party, observer,
						or commission agent conducting the election may challenge, for good cause, the
						eligibility of any person to vote in the election. The ballots of challenged
						voters shall be impounded or otherwise segregated without being opened or
						counted.
(5) COUNT AND TALLY OF
						BALLOTS. Upon the conclusion of the election, the commission shall furnish a
						tally of ballots to the parties.
(6) INCONCLUSIVE ELECTIONS. When more than
						one proposed representative appears on the ballot, if a minimum of 51 percent
						of the eligible voters favor representation but no single representative
						receives the votes of a minimum of 51 percent of the eligible voters, the
						commission, on request of any party, may conduct a runoff election as provided
						in s. 111.83(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 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.08 - Certification of results of election

Current through June 24, 2024
If challenged ballots are insufficient in number to affect
							the results, no runoff election is needed, and no timely objections are filed
							under s.
							ERC
							80.09, the commission shall issue to the parties a
							certification of the results of the election.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.09 - 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 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 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.10 - Commission action on challenges or objections

Current through June 24, 2024
(1) HEARING. If
						challenges to voter eligibility or objections to election conduct may affect
						the election outcome and 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.
(a) As soon as possible after submission of
						the case, the commission shall, in writing, either sustain or overrule each
						challenge or objection.
(b) 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.
(c) 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.
(d) If the commission overrules all
						objections, it shall promptly issue a certification of the election
						results.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.11 - Consequence of failure to achieve support of 51 percent of those eligible to vote in the annual certification election

Current through June 24, 2024
If no representative is ultimately supported by a minimum of
							51 percent of the employees eligible to vote, the commission shall issue a
							certification of the results of the election including a notice of the
							following:
(1) If no collective
						bargaining agreement is in effect, the existing representative shall no longer
						be entitled to exclusive representative status for purposes of collective
						bargaining as of the date of commission's certification of results. If a
						collective bargaining agreement is in effect, the existing representative shall
						no longer be entitled to exclusive representative status for purposes of
						collective bargaining as of the expiration of the agreement.
(2) The employees in the bargaining unit
						shall not be included in a substantially similar collective bargaining unit for
						a minimum of one year following the date specified in sub. (1).
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 80 - Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011 › Section ERC 80.12 - 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 90 - Civil Service Appeals › Chapter ERC 91 - Authorization and General Provisions › Section ERC 91.01 - Authorization

Current through June 24, 2024
The rules in chs.
							ERC
							91 to
							95 are adopted by the commission
							pursuant to ss. 230.44(4) (bm),
							230.45(1) (i) and
							(3) and
							230.89(1),
							Stats., and relate to the commission's jurisdiction under s.
							230.45, Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 91 - Authorization and General Provisions › Section ERC 91.02 - Definitions

Current through June 24, 2024
In the commission's rules:
(1) "Agency" means an association, authority,
						board, commission, department, independent agency, institution, office, society
						or other body in state government created or authorized to be created by the
						constitution or any law.
(2)
						"Appeal" means a written request for relief filed with the commission and
						relating to one or more employment actions where the statutory basis for review
						does not provide for the commission to conduct an investigation.
Note
This definition includes actions filed
							under s. 230.45(1) (a) and
							(d), Stats., and grievances filed under s.
							230.45(1) (c),
							Stats.
(3) "Appellant"
						means a person who, alone or with others, has filed an appeal.
(4) "Case" means a complaint or an
						appeal.
(5) "Chairperson" means the
						chairperson of the commission.
(6)
						"Commission" means the employment relations commission.
(7) "Commissioner" means a member of the
						commission.
(8) "Complainant" means
						a person who, alone or with others, has filed a complaint.
(9) "Complaint" means a written request for
						relief filed with the commission and relating to one or more employment actions
						where the statutory basis for review provides for the commission to conduct an
						investigation.
(10) "Filing" means
						the physical receipt of a document at the commission's office.
(11) "Hearing examiner" means the person
						designated by the commission pursuant to s.
						227.46(1),
						Stats., to preside over an administrative hearing.
(12) "Meeting" means a convening of the
						commissioners that falls within the definition set forth in s.
						19.82(2),
						Stats.
(13) "Party" means a
						petitioner or a respondent.
(14)
						"Petitioner" means an appellant or a complainant.
(15) "Presiding authority" means the hearing
						examiner or, where the hearing is before the commission as a whole, the
						commissioners.
(16) "Probable
						cause" means a reasonable ground for belief, supported by facts and
						circumstances strong enough in themselves to warrant a prudent person to
						believe that a violation probably has been or is being committed as alleged in
						the complaint.
(17) "Respondent"
						means the person or state agency whose interests are adverse to those of the
						petitioner or who will be directly affected by the commission's
						decision.
(18) "Representative"
						means an attorney or any other agent of a party who has been authorized by the
						party to provide representation before the commission, where authorized by
						law.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 91 - Authorization and General Provisions › Section ERC 91.03 - Parties

Current through June 24, 2024
(1) CHANGE OF ADDRESS. Parties shall promptly
						notify the commission, in writing, of any change of address during the pendency
						of the case.
(2) SUBSTITUTION. If a
						petitioner dies during the pendency of a case, the deceased petitioner's
						successor or personal representative shall, upon motion, be substituted for the
						petitioner. A case shall be held open for a reasonable period to permit
						substitution by the successor or personal representative.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 91 - Authorization and General Provisions › Section ERC 91.04 - Representatives

Current through June 24, 2024
(1) A party is entitled to appear in person
						or by or with the party's representative in any case before the commission
						except as otherwise prohibited by law. The representative shall be presumed to
						have full authority to act on behalf of the party, including the authority to
						file or withdraw a case.
(2) One
						who has entered an appearance as the representative of a party shall be
						considered as the representative of that party unless and until a written
						withdrawal of representation is filed.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 91 - Authorization and General Provisions › Section ERC 91.05 - Filing and service of papers

Current through June 24, 2024
(1) With the
						exception of the initial complaint and the initial appeal which will be served
						by the commission pursuant to s.
						ERC
						92.03, and papers that are filed as part of an
						investigation, all papers filed by a party with the commission shall also be
						served by that party on all other parties to the case.
(2) Papers may be served either personally or
						by mail. Service by mail is complete upon mailing. That is, for purposes of
						service, the effective date is the date of mailing, not receipt. Filing is
						complete on receipt.
(3) The filing
						of any paper required to be served constitutes a certification that a copy of
						the paper has been timely served on all parties required to be served unless
						the person filing the paper states otherwise in writing. No affidavit,
						certificate, or admission of service need be filed with the
						commission.
(4) When a party is
						represented by a representative, service shall be made upon that
						representative. For purposes of service, where more than one petitioner has
						filed the case, the first-named petitioner shall be considered the sole
						petitioner, unless another petitioner is specifically identified as the agent
						for service.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 91 - Authorization and General Provisions › Section ERC 91.07 - Time

Current through June 24, 2024
Unless otherwise provided by chs.
							ERC
							91 to
							95, orders of a hearing examiner
							or of the commission and time periods set forth in correspondence from the
							commission, commissioners or staff shall refer to calendar days. The day an
							order is made or entered shall not count as one of the prescribed days. The
							last day of the period so computed shall be included, unless it is a Saturday,
							a Sunday or a legal holiday in which case the last day shall be the next day
							that is neither a Saturday, a Sunday or a legal holiday. As used in this
							section "legal holiday" means any holiday listed in s.
							230.35(4) (a),
							Stats.