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 80.03 - Petition for election

Current through June 24, 2024
(1) WHO MAY FILE. A petition for an annual
						election to determine whether a represented state sector general employee
						collective bargaining unit shall continue to be represented by an exclusive
						representative may be filed only by the exclusive representative of a
						bargaining unit to which this chapter applies or by any other labor
						organization interested in representing the bargaining unit.
(2) FORM. 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 is
						accompanied by the applicable filing fee established by sub. (4), contains the
						required signature or signature facsimile, and has been 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. If a showing
						of interest in support of the petition is required by sub. (5), the showing of
						interest shall be transmitted to the commission in paper form by physical
						delivery or mail. A petition requiring a showing of interest is not filed until
						both the petition and the showing of interest have been received by the
						commission at its Madison office during normal business hours specified in s.
						ERC
						10.06(1).
(3) SERVICE ON STATE EMPLOYER. At the same
						time the labor organization files a petition for election with the commission,
						it shall electronically serve a copy of the petition on the state
						employer.
(4) FEE SCHEDULE. For a
						bargaining unit of 1 to 100 eligible voters, the petitioning labor organization
						shall pay the commission a fee of $200. For a bargaining unit of 101 to 250
						eligible voters, the petitioning labor organization shall pay the commission a
						fee of $350. For a bargaining unit of 251 to 500 eligible voters, the
						petitioning labor organization shall pay the commission a fee of $500. For a
						bargaining unit of 501 to 1,000 eligible voters, the petitioning labor
						organization shall pay the commission a fee of $750. For a bargaining unit of
						1,001 to 3,000 eligible voters, the petitioning labor organization shall pay
						the commission a fee of $1,500. For a bargaining unit of more than 3,000
						eligible voters, the petitioning labor organization shall pay the commission a
						fee of $2,000. The fee shall be transmitted to the commission by physical
						delivery or mail. If more than one labor organization files an election
						petition, each labor organization shall pay its proportionate share of the fee.
						If the number of eligible voters determined by the commission differs from the
						number asserted in the petition and results in a change in the applicable fee
						amount, the petitioning labor organization shall pay the additional fee to the
						commission or receive a refund, as appropriate.
(5) SHOWING OF INTEREST. No showing of
						interest is required in support of a petition by the existing representative. A
						30 percent showing of interest is required in support of a petition by any
						other interested labor organization, regardless of whether any other petition
						has been filed. Practice and procedure for submission and determination of the
						showing of interest shall be as set forth in s.
						ERC
						11.05(2).
(6) CONTENTS. The petition shall include all
						of the following:
(a) The name, address, and
						affiliation, if any, 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 the state employer 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 statutory bargaining
						unit involved, specifying inclusions and exclusions, as well as the approximate
						number of personnel in the unit.
(d) A description of the status of the most
						recent collective bargaining agreement.
(e) The names and addresses of any known
						labor organizations who either currently represent or claim to represent any of
						the personnel in the claimed appropriate collective bargaining unit.
(f) A brief statement including all of the
						following:
1. Whether the petitioner is
						currently the exclusive collective bargaining representative for the bargaining
						unit.
2. That the petitioner wishes
						to continue to represent the bargaining unit.
3. That the petitioner requests that the
						commission conduct an annual certification election to determine whether the
						bargaining unit shall continue to be represented by the petitioner for purposes
						of collective bargaining with the state employer.
(g) A statement that the petitioner has
						served a copy of the petition on the employer.
(h) Any other relevant facts.