Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel › Section ERC 11.02 - Petition for election

Current through June 24, 2024
(1) WHO MAY FILE. A petition to determine a
						collective bargaining representative or an appropriate collective bargaining
						unit may be filed by a municipal employee or law enforcement or fire fighting
						supervisor, or by a labor organization acting on their behalf, or by a
						municipal employer or anyone authorized to act on its behalf.
(2) FORM, NUMBER OF COPIES, AND FILING. 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 contains the required signature or signature
						facsimile and unless and until the petition has been actually 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. (3), 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) SHOWING OF INTEREST. If the petition is
						filed by other than the municipal employer, and if any or all of the personnel
						in the bargaining unit claimed appropriate in the petition are currently
						represented for purposes of collective bargaining by other than the petitioner,
						then the petition shall be supported by a showing of interest in writing,
						containing the printed names and signatures of at least 30% of the personnel in
						the collective bargaining unit involved, the dates on which the signatures were
						executed, and a statement that the personnel signing support the petitioner's
						request for an election.
(4)
						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 municipal employer involved, if the municipal employer is not the
						petitioner, 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
						claimed appropriate collective bargaining unit, specifying inclusions and
						exclusions, as well as the approximate number of personnel in the
						unit.
(d) The names and addresses
						of any known labor organizations who claim to represent any of the personnel in
						the claimed appropriate collective bargaining unit.
(e) A brief statement setting forth the
						nature of the question that has arisen concerning representation or unit
						determination.
(f) Any other
						relevant facts.