Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.02 - Stipulation for referendum seeking authorization to implement fair-share agreement

Current through June 24, 2024
(1) WHO MAY FILE. A stipulation for a
						referendum to determine whether the employees in an appropriate bargaining unit
						favor the implementation of a fair-share agreement may be filed by the
						municipal employer and the exclusive representative of the employees in the
						bargaining unit involved or anyone authorized to act on their behalf.
(2) TIME FOR FILING. A stipulation for an
						initial referendum seeking authorization to implement a fair-share agreement
						shall be filed prior to the proposed implementation of the fair-share agreement
						involved.
(3) FORM, NUMBER OF
						COPIES, FILING AND SERVICE. The stipulation shall be in writing on a form
						provided by the commission, or a facsimile of the commission's form, and shall
						include the signatures or a facsimile of the signatures of the parties or
						representatives filing the stipulation. A stipulation is not filed unless it
						contains the required signatures or signature facsimiles and unless and until
						the stipulation has been actually received by the commission at its Madison
						office during normal business hours specified in s.
						ERC
						10.06(1). The stipulation shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the stipulation is filed
						in paper form, a total of 2 copies of the petition shall be included.
(4) CONTENTS. The stipulation shall include
						all of the following:
(a) The names and
						addresses of the parties on whose behalf the referendum is being stipulated,
						and the names, addresses and phone numbers of the parties' principal
						representatives. Fax numbers and e-mail addresses shall be included, if
						available.
(b) A request that the
						commission conduct a referendum to determine whether the of employees in the
						collective bargaining unit involved favors the implementation of the fair-share
						agreement.
(c) A description of the
						collective bargaining unit involved, and the approximate number of employees in
						the unit.
(d) A description of the
						proposed fair-share agreement involved, including a statement of the
						agreed-upon standard for determining whether the required number of employees
						favors implementation of the fair-share agreement.
(e) A statement by the municipal employer
						that it agrees that, if the required number of employees votes in favor of
						implementing the fair-share agreement, then the municipal employer shall
						incorporate the fair-share agreement in the collective bargaining agreement
						covering the employees in the bargaining unit involved.
(f) A statement by the exclusive
						representative that it agrees that, if the required number of employees does
						not vote in favor of the implementation of the fair-share agreement, the
						exclusive representative shall withdraw its request in negotiations that a
						fair-share agreement be implemented covering the employees in the bargaining
						unit involved.
(g) A complete list
						of employees agreed upon by the parties as being included in the collective
						bargaining unit and eligible to vote.
(h) Suggested days of the week, time and
						place for the conduct of the referendum.