Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 32 - Collective bargaining and interest arbitration in municipal sector disputes not involving law enforcement or fire fighting employees › Section ERC 32.09 - Informal investigation or formal hearing

Current through June 24, 2024
(1) PURPOSE. The
						purpose of the investigation shall be to determine whether the parties are
						deadlocked in their negotiations after a reasonable period of negotiation. If
						it is determined that the parties are deadlocked, the commission or
						investigator shall obtain the single final offers of the parties containing
						their final proposals on issues in dispute, and shall obtain a stipulation
						signed by the parties on all matters agreed upon to be included in the new or
						amended collective bargaining agreement. During the informal investigation or
						formal hearing, the commission or investigator may engage in an effort to
						mediate the dispute.
(2) INFORMAL
						INVESTIGATION PROCEDURE. If an informal investigation is conducted, the
						commission or investigator shall, after conferring with the parties, set a
						date, time and place for the conduct of the informal investigation and shall
						notify the parties of those arrangements in writing. The informal investigation
						may be adjourned or continued as the commission or investigator deems
						necessary. During the investigation the commission or investigator may meet
						jointly or separately with the parties or otherwise communicate with one or
						both of the parties, for the purposes described in sub. (1). Prior to the close
						of the investigation the investigator shall obtain in writing the final offers
						of the parties on the issues in dispute and a stipulation in writing on all
						matters agreed upon to be included in the new or amended collective bargaining
						agreement. The investigator shall also obtain each party's position regarding
						authorization of inclusion of nonresidents of Wisconsin on the arbitration
						panel to be submitted by the commission. If, at the time of the exchange of
						final offers or during any additional time permitted by the investigator, no
						objection is raised that either final offer contains a proposal relating to a
						non-mandatory subject of bargaining, the commission or investigator shall serve
						the parties as set forth in s.
						ERC
						10.07, a written notice that the investigation is
						closed. The commission or investigator shall not close the investigation until
						the commission or investigator is satisfied that neither party, having
						knowledge of the content of the final offer of the other party, would amend any
						proposal contained in its final offer and that both final offers conform to the
						requirements of s.
						ERC
						32.10(2). If a party fails to submit
						a single ultimate final offer within the time prescribed by the commission or
						investigator, the commission or investigator shall close the investigation
						based on the last written position of the party. Following the close of the
						investigation the investigator shall report the findings to the commission,
						either orally or in writing, as the commission may direct, and at the same time
						transmit to the commission the final offers and the stipulation received from
						the parties. The commission investigator shall also notify the commission
						whether both parties have agreed to authorize the commission to include one or
						more nonresidents of Wisconsin on the arbitration panel to be submitted in the
						matter.
(3) FORMAL HEARING
						PRACTICE AND PROCEDURE. If a formal investigation is conducted, the commission
						or investigator, following communication with the parties, shall set a date,
						time and place for the conduct of the formal hearing and notify the parties by
						formal notice. The formal hearing may be adjourned or continued in the
						discretion of the commission or investigator. Hearing practice and procedure
						shall be as set forth in ss.
						ERC
						18.06 to
						18.08, except that the purpose and
						scope of the hearing shall be limited to establishing the facts needed to
						determine whether, after a reasonable period of negotiation, the parties are
						deadlocked. Prior to the close of the hearing the commission or investigator
						shall obtain and exchange the single ultimate final offers, stipulation of
						agreed upon items and positions concerning non-resident arbitrators in the
						manner set forth in sub. (2). If a party fails to submit a single ultimate
						final offer within the time prescribed by the commission or investigator, the
						commission or investigator shall close the investigation based on the last
						written position of the party.