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 80.01 - Policy

Current through June 24, 2024
This chapter implements the portion of s. 111.83(3) (b),
							Stats., requiring that the commission conduct an annual election no later than
							December 1, to determine whether collective bargaining representation shall
							continue 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. 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 September 15 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 December 1.
Note:
In Association of State Prosecutors v.
							Employment Relations Commission, Milwaukee County Circuit Court Consolidated
							Case Nos. 14-CV-9307, 14-CV-9658, 15-CV-0501, 15-CV-0328, 15-CV-0329 a
							Declaratory Judgment under s. 227.40, Stats was entered providing as
							follows:
THIS COURT ISSUES A DECLARATORY JUDGMENT that Wisconsin
							Employment Relations Commission exceeded its statutory authority in
							promulgating the Chapter  ERC 70  and  80  requirement that an existing exclusive
							representative must file a Petition in order to qualify for a recertification
							election under Wis. Stat. ss. 111.83(3)(b) and 111.70(4) (d) 3 b.
THIS COURT ISSUES A DECLARATORY JUDGMENT under Wis. Stat s.
							227.40(4) (a) that those provisions in Chapter  ERC 70  and  80  requiring an
							existing exclusive representative to file a Petition in order to qualify for a
							recertification election are invalid.
The decision noted above was affirmed by the Court of
								Appeals in Wisconsin Association of State Prosecutors v. Wisconsin Employment
								Relations Commission, 2016 WI App 85. The decision of the Court of Appeals was
								reversed by the Supreme Court in 2018 WI
								17.