reglab/statecodes huggingface dataset:
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 32.08 - Pre-investigation procedure

Current through June 24, 2024
After a petition or stipulation has been filed, the
							commission or a commission-employed investigator shall conduct an investigation
							with respect to the petition or stipulation, by means of either an informal
							investigation or a formal hearing. If, during any prior mediation by a
							commission mediator, the parties have exchanged and submitted to the mediator
							their total final offers, as well as a stipulation on matters agreed upon, the
							parties may waive the informal investigation or formal hearing described in s.
							ERC
							32.09. A waiver shall be written and may accompany the
							petition or stipulation for initiation of interest arbitration or be filed
							separately later.
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 32.10 - Final offers

Current through June 24, 2024
(1) CONTENTS GENERALLY. Final offers shall
						contain proposals relating only to mandatory subjects of bargaining, except
						either final offer may contain proposals relating to permissive subjects of
						bargaining if there is no timely objection under s.
						ERC
						32.11 or by the 32.12 other party to the inclusion of
						the proposals in a final offer. Absent a timely objection, the proposals shall
						be treated as mandatory subjects of bargaining for the duration of the s.
						111.70(4) (cm),
						Stats., impasse resolution process, including any exchanges of final offers
						which may follow declaratory ruling proceedings under s.
						ERC
						32.12 or injunction proceedings referred to in s.
						ERC
						32.18(1).
(2) CONTENTS REGARDING TERM OF AGREEMENT AND
						REOPENER PROVISIONS. Except for the initial collective bargaining agreement
						between the parties affecting the employees involved, where the parties have
						not agreed upon the term of the agreement as a part of the stipulation of
						agreed upon items, final offers shall provide for no other term of agreement
						than 2 years. Final offers shall not contain a provision for reopening of
						negotiations during the term of an existing agreement for any purpose other
						than negotiation of a successor agreement or with respect to any portion of an
						agreement that is declared invalid by a court or administrative agency or
						rendered invalid by the enactment of a law or promulgation of a federal
						regulation. Any other provisions for reopening of negotiations during the term
						of an existing agreement shall be agreed upon by the parties as a part of the
						stipulation of agreed upon items.
(3) MODIFICATION OF FINAL OFFERS FOLLOWING
						CLOSE OF INVESTIGATION. Following the close of the investigation, a party may
						modify its final offer only with the consent of the other party. Any
						modification shall be in writing, supported by a written statement signed by
						the representative of the other party.
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 32.11 - Procedure for raising objection that a proposal is a non-mandatory subject of bargaining

Current through June 24, 2024
In proceedings under this chapter, practice and procedure for
							raising an objection that a proposal is a non-mandatory subject of bargaining
							shall be as set forth in s.
							ERC
							30.10.
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 32.12 - Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining

Current through June 24, 2024
In proceedings under this chapter, practice and procedure
							regarding a petition or stipulation to initiate a declaratory ruling proceeding
							to determine whether a proposal is a mandatory subject of bargaining shall be
							as set forth in s.
							ERC
							30.11.
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 32.14 - Order appointing arbitrator

Current through June 24, 2024
(1) NOTIFICATION OF
						SELECTION. The parties, or either of them, shall notify the commission in
						writing, as set forth in s.
						ERC
						10.06(1), of the identity of the
						arbitrator selected by them immediately after the selection is made. In this
						chapter, "arbitrator" refers to a single arbitrator, a board of multiple
						neutral arbitrators, a tripartite arbitration panel or the impartial
						chairperson of an arbitration board or panel.
(2) ORDER. Upon receipt of the notification
						of the identity of the arbitrator selected or after completing designation or
						random selection of the arbitrator, the commission shall serve the parties with
						copies of its order appointing the arbitrator, as set forth in s.
						ERC
						10.07. The commission shall, at the same time, submit
						a copy of the appointment order to the selected arbitrator, as well as copies
						of the final offers of the parties. A notice to the public shall be appended to
						the order setting forth the nature of the order, the identity of the arbitrator
						and the procedures for obtaining copies of final offers and for requesting a
						public hearing.
(3) PUBLIC NOTICE.
						Immediately upon receipt of the notice, the municipal employer involved shall
						cause a copy or copies to be posted where notices to the public are usually
						posted. In addition, the municipal employer shall inform the public of the
						content of the notice in the same manner that it informs the public of public
						meetings.
(4) COPIES OF FINAL
						OFFERS. The single final offers submitted to the appointed arbitrator shall be
						considered public documents and copies may be obtained from the commission, by
						any person upon written request, following the issuance of the order appointing
						the arbitrator, at the cost of reproduction and postage.
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 32.16 - Enforcement of the award

Current through June 24, 2024
(1) PROCEDURE. If
						either party refuses or otherwise fails to implement an interest arbitration
						award lawfully made by failing to incorporate it into a written collective
						bargaining agreement, the other party may file a complaint of prohibited
						practices as provided in ch. ERC 12. The resulting complaint proceeding shall
						be a class 2 proceeding within the meaning of s.
						227.01(3) (b),
						Stats., governed by the provisions of ss.
						111.07 and
						111.70(4) (a),
						Stats. In determining whether an interest arbitration award was lawfully made,
						the commission shall find that the award was not lawfully made under the
						following circumstances:
(a) Where the
						interest arbitration award was procured by corruption, fraud or undue
						means;
(b) Where there was evident
						partiality on the part of the neutral arbitrator or corruption on the part of
						an arbitrator;
(c) Where the
						arbitrator was guilty of misconduct in refusing to postpone the hearing, upon
						sufficient cause shown, or in refusing to hear supporting arguments or evidence
						pertinent and material to the controversy; or of any other misbehavior by which
						the rights of any party have been prejudiced;
(d) Where the arbitrator exceeded his or her
						powers, or so imperfectly executed them that a mutual, final and definite
						interest arbitration award was not made.
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 32.17 - Modification of award

Current through June 24, 2024
If, in a proceeding for enforcement, it is determined that an
							interest arbitration award is lawfully made, but that the award requires
							modification or correction, the commission shall issue an order modifying or
							correcting the award. An interest arbitration award may be modified or
							corrected where:
(1) A court enters an
						order, which is not subject to further appeal, reversing a commission ruling
						that a particular proposal contained in the award is a mandatory subject of
						bargaining;
(2) Where there was an
						evident material miscalculation of figures or an evident material mistake in
						the description of any person, thing, or property referred to in the
						award;
(3) Where the arbitrator has
						awarded upon a matter not submitted, unless it is a matter not affecting the
						merits of the award upon the matters submitted;
(4) Where the award is imperfect in matter of
						form not affecting the merits of the controversy.
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 32.18 - Procedure following court injunction of a strike posing an imminent threat to public health or safety

Current through June 24, 2024
(1) NEW FINAL OFFERS. Following the issuance
						of a court order enjoining a strike which poses an imminent threat to the
						public health and safety, and under the order of the court, the parties shall
						submit to the commission, in writing, as set forth in s.
						ERC
						10.06(1), new final offers on all
						disputed issues, within the time limit established for those submissions by the
						court.
(2) MEDIATION. Within the
						time limit set by the court for the submission of new final offers, the parties
						may mutually request, in writing, as set forth in s.
						ERC
						10.07, that the commission provide mediation services
						to the parties in an attempt to resolve the deadlock. Upon receipt of a request
						the commission or commission assigned mediator shall arrange a mutually
						satisfactory date and place for mediation.
(3) ARBITRATION. If, after mediation within
						the time limits set by the court, the parties remain in deadlock, the
						commission shall transmit the new final offers to the arbitrator, or to a
						successor arbitrator designated by the commission. The arbitrator or successor
						arbitrator shall immediately commence arbitration of the dispute in accordance
						with s.
						ERC
						32.15.
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 32.19 - Information

Current through June 24, 2024
Parties subject to s.
							111.70(4) (cm),
							Stats., shall, upon request, provide the commission with information the
							commission deems necessary to meet its statutory responsibilities to report on
							the operation of the arbitration law under s.
							111.70(4) (cm),
							Stats., and on its effect on collective bargaining in the
							state.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.02 - Policy (Repealed)

Current through June 24, 2024
Section
								111.70(4) (cm)
								5s, Stats., was repealed effective 7-1-09, as to collective bargaining
								agreements with a term beginning July 1, 2009.
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.03 - Content of collective bargaining agreements (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.04 - Notice of commencement of negotiations (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.05 - Voluntary impasse resolution procedure (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.06 - Petition to initiate arbitration (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.07 - Stipulation to initiate arbitration (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.08 - Withdrawal of petition or stipulation; effect on filing fee (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.11 - Informal investigation or formal hearing when the municipal employer has submitted a qualified economic offer (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.12 - Informal investigation or formal hearing when the municipal employer has not submitted a qualified economic offer (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.14 - Procedure for raising objection that a proposal is a non-mandatory subject of bargaining (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.15 - Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.16 - Procedure for raising objection that a proposal is not subject to interest arbitration (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.17 - Certification of results of investigation or hearing, or certification based on stipulation (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.19 - Proceedings before the arbitrator (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.22 - Procedure following court injunction of a strike posing an imminent threat to public health or safety (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 33 - Collective bargaining and interest arbitration in disputes relating to collective bargaining agreements expiring before July 1, 2009, affecting school district professional employees (Repealed) › Section ERC 33.23 - Report of cost of school district professional employee agreement (Repealed)

Current through June 24, 2024
Wisconsin Administrative Code › Employment Relations Commission › ERC 40-49 - WERC Roster of Ad Hoc Arbitrators and Fact Finders › Chapter ERC 40 - Roster of ad hoc arbitrators and fact finders › Section ERC 40.01 - Policy

Current through June 24, 2024
To promote labor peace, the commission maintains a roster of
							individuals, not employed by the commission, who are available to serve as fact
							finders, grievance arbitrators, and interest arbitrators in statutory and
							contractual dispute resolution processes concerning private, municipal, state
							and UW System faculty and academic staff sector labor disputes arising in
							Wisconsin. The following criteria and procedures for admission and removal of
							roster members and for providing panels of roster members to disputants have
							been developed to insure the quality and professionalism of the services
							provided by roster members when serving as neutrals in labor disputes under ch.
							111, Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 40-49 - WERC Roster of Ad Hoc Arbitrators and Fact Finders › Chapter ERC 40 - Roster of ad hoc arbitrators and fact finders › Section ERC 40.02 - Qualifications for admission to roster

Current through June 24, 2024
The roster shall be limited to individuals who are competent
							and willing to participate in grievance arbitration, interest arbitration and
							fact-finding. The qualifications used by the commission for admission to and
							continued service on its roster are as follows:
(1) ELIGIBILITY REQUIREMENTS.
(a)
Residency.
Roster
						members shall maintain their principal place of residence in 1 of the following
						states: Wisconsin, Illinois, Indiana, Iowa, Michigan or Minnesota. Maintenance
						of a mail box or mail delivery point is not sufficient to satisfy this
						requirement.
(b)
Appointment acceptance.
Roster members shall be willing to
						accept appointments in all of the following types of proceedings:
1. Fact-finding.
2. Contract grievance arbitration.
3. Interest arbitration.
(c)
Neutral status.
Roster
						members shall not engage in any employment or hold any title or office that
						conflicts with the role of a neutral in labor-management dispute resolution.
						Roster members shall not be, and shall not have been for at least 1 year, an
						advocate for public or private sector employees, employee organizations,
						employers or employer organizations. For purposes of this chapter, an
						"advocate" is a person who represents employers, labor organizations, or
						individuals as an employee, attorney, or consultant in labor relations matters,
						including to the following subjects:
1. Union
						representation and recognition.
2.
						Collective bargaining.
3. Equal
						employment opportunity.
4.
						Arbitration.
5. Unfair labor
						practices.
6. Labor-related
						litigation.
7. Wage and benefit
						administration.
8. Unemployment
						compensation.
9. Worker
						compensation.
10. Occupational
						health and safety standards.
11.
						Minimum wage.
12. Other labor
						standards matters.
Wisconsin Administrative Code › Employment Relations Commission › ERC 40-49 - WERC Roster of Ad Hoc Arbitrators and Fact Finders › Chapter ERC 40 - Roster of ad hoc arbitrators and fact finders › Section ERC 40.03 - Application for admission to roster

Current through June 24, 2024
(1) APPLICATION
						FORM; SUBMISSION; CONSIDERATION. Qualified individuals who are interested in
						being admitted by the commission to the roster may obtain an application form
						from the commission. The completed application along with writing samples and
						references shall be transmitted to the commission as set forth in s.
						ERC
						10.06(1). The commission shall review
						the completed applications and shall decide whether an applicant shall be
						admitted to the roster. The commission shall base its decision on the criteria
						listed in s.
						ERC
						40.02. After reviewing the application, the commission
						may interview the candidate to obtain additional information relevant to the
						individual's qualifications. Candidates shall provide complete and accurate
						information on the application and during the interview. Failure to do so may
						result in rejection. Individuals shall notify the commission of any changes in
						status which are relevant to the individual's qualifications.
(2) NOTIFICATION OF APPLICATION DISPOSITION.
						A candidate who is found to be qualified to serve on the roster shall be added
						to the roster if the commission determines there is a need for additional
						individuals to be added. Each applicant shall be notified in writing of the
						commission's decision and reasons.
(3) INTEGRITY OF ADMISSION PROCESS. No
						candidate may attempt to influence the commission or staff members regarding
						admission to the roster by any improper means, including gifts or other
						inducements to agency personnel. However, nothing in this chapter is intended
						to preclude a potential applicant from requesting information or advice from
						the commission concerning the likelihood of the potential applicant's future
						admission to the roster.
Wisconsin Administrative Code › Employment Relations Commission › ERC 40-49 - WERC Roster of Ad Hoc Arbitrators and Fact Finders › Chapter ERC 40 - Roster of ad hoc arbitrators and fact finders › Section ERC 40.04 - Removal from roster

Current through June 24, 2024
(1) NATURE AND CONDITIONS OF ROSTER
						MEMBERSHIP. Admission to the roster does not create a right to continued roster
						membership or a right to be placed on any given panel. Except as noted in s.
						ERC
						40.06(3), roster members do not have
						a right to be placed on a minimum number of panels in any fixed period, such as
						a month or a year.
(2) BASES FOR
						REMOVAL. Roster members may be removed on the commission's own motion or at the
						request of an individual or organization. Removal shall be at the discretion of
						the commission, based on the following:
(a)
						Failure to comply with this chapter.
(b) Failure to meet, on a continuing basis,
						the commission's roster member qualifications.
(c) Failure to provide the commission with
						complete and accurate biographical data and to keep the commission informed of
						changes in residence and availability to arbitrate cases.
(d) Repeated delinquency in submitting
						awards.
(e) Refusal to comply with
						requests from the commission concerning arbitration activities and potential
						conflicts of interest.
(f)
						Unacceptability to the parties, which may be evidenced by a low rate of
						selection over a period of time.
(g) Failure to disclose to the commission any
						personal relationships or other circumstances which might reasonably raise a
						question regarding the roster arbitrator's or fact finder's
						impartiality
(h) Failure to adhere
						to appropriate ethical principles.
Wisconsin Administrative Code › Employment Relations Commission › ERC 40-49 - WERC Roster of Ad Hoc Arbitrators and Fact Finders › Chapter ERC 40 - Roster of ad hoc arbitrators and fact finders › Section ERC 40.05 - On-going requirements of roster members

Current through June 24, 2024
(1) UPDATES OF
						BIOGRAPHICAL AND FEE INFORMATION. Roster members shall file an updated
						biographical and fee information statement when material changes in that
						information occur and shall keep the commission informed about any material
						changes in status.
(2) TRAINING
						COURSE ATTENDANCE. Roster members may be required to attend periodic training
						courses in order to remain on the roster.
(3) AWARD SUBMISSION. Roster members shall
						immediately file with the commission, as set forth in s.
						ERC
						10.06(1), at its Madison office a
						copy of all awards and fact-finding recommendations issued by them in cases for
						which they were selected through commission procedures. Interest arbitration
						awards shall be transmitted immediately to the commission in electronic form
						either by physical storage media or e-mail.
Wisconsin Administrative Code › Employment Relations Commission › ERC 40-49 - WERC Roster of Ad Hoc Arbitrators and Fact Finders › Chapter ERC 40 - Roster of ad hoc arbitrators and fact finders › Section ERC 40.06 - Roster administration

Current through June 24, 2024
(1) SEPARATE IN-STATE AND OUT-OF-STATE
						ROSTERS; SIZE OF ROSTERS. Separate in-state and out-of-state rosters shall be
						maintained so that the size of each roster does not ordinarily exceed fifty
						(50) members. Notwithstanding the fifty (50) member limits, candidates shall be
						added to the roster who have either successfully completed training under s.
						111.71(5),
						Stats., or whose qualifications are such that their addition to the roster
						would clearly serve the underlying purposes of ch. 111, Stats.
(2) CHANGE OF IN-STATE OR OUT-OF-STATE
						STATUS. If a member of the in-state roster leaves Wisconsin for more than 60
						consecutive days, the roster member shall notify the commission prior to
						departure and shall be placed on inactive status for the period of their
						absence. A member of the out-of-state roster who moves to Wisconsin shall
						become a member of the in-state roster.
(3) SELECTION AND COMPOSITION OF PANELS. The
						panels of roster members' names submitted to parties by the commission in
						grievance arbitration under chs.
						ERC
						5,
						16,
						23 and 63, interest arbitration
						under chs.
						ERC
						30 to
						33 or fact-finding cases under
						chs.
						ERC
						14,
						25 and 65 shall be generated by
						computer in a manner designed both to permit any roster member available to
						accept appointments to be selected for any panel and to equalize the number of
						times each in-state roster member's name is sent out and to equalize the number
						of times each out-of-state roster member's name is sent out during any period
						of availability to accept appointments. Unless otherwise jointly requested by
						the parties, one out-of-state roster member shall be included on each grievance
						panel, on each s. 111.77, Stats., and ch. ERC 30
						police-fire interest panel, on each fact-finding panel under ch. ERC 14, 25 or
						65 and on each s. 111.70(4) (jm),
						Stats., and ch. ERC 31 police interest panel. Unless otherwise jointly
						requested by the parties, one out-of-state roster member shall be included on
						the seven name panel provided in s.
						111.70(4) (cm),
						Stats., and ch. ERC 32 or 33, cases in which the parties agree not to limit the
						panel to in-state arbitrators. No resident of the city which is party to the
						dispute shall be included on a s.
						111.70(4) (jm),
						Stats., and ch. ERC 31 police interest panel.
Wisconsin Administrative Code › Employment Relations Commission › ERC 50-59 - Labor-Management Cooperation Services › Chapter ERC 50 - Labor-management cooperation services › Section ERC 50.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to the
							provision of training programs under ss.
							111.09(3),
							111.71(5) and
							111.94(3),
							Stats., to employers, employer associations and labor organizations on
							collective bargaining, and on areas of management and labor cooperation
							directly or indirectly affecting collective bargaining in the private,
							municipal, state and UW System faculty and academic staff sectors,
							respectively.
Wisconsin Administrative Code › Employment Relations Commission › ERC 50-59 - Labor-Management Cooperation Services › Chapter ERC 50 - Labor-management cooperation services › Section ERC 50.02 - Policy

Current through June 24, 2024
To promote the prompt and peaceful settlement of labor
							disputes affecting terms and conditions of employment in Wisconsin, the
							commission offers various training programs to employers and labor
							organizations on collective bargaining, and on areas of management and labor
							cooperation directly or indirectly affecting collective bargaining. In order to
							maintain and enhance the effectiveness of the training function, the commission
							has established rules and procedures designed to assure that the fees charged
							for participation in those programs are reasonable and to maintain
							confidentiality of the training and related processes.
Wisconsin Administrative Code › Employment Relations Commission › ERC 50-59 - Labor-Management Cooperation Services › Chapter ERC 50 - Labor-management cooperation services › Section ERC 50.03 - Request for labor-management cooperation services

Current through June 24, 2024
(1) PRE-REQUEST
						PROCEDURES. Any representative of an employer, employer association or labor
						organization interested in obtaining commission labor-management cooperation
						services may contact the agency's Coordinator of Labor-Management Cooperation
						Programs regarding the nature and availability of agency programs to address
						the needs of the parties involved. The Coordinator shall make inquiries, as
						necessary, to determine both the suitability of available programs to the needs
						of the inquiring party or parties involved and the willingness and readiness of
						both the labor and management groups involved for participation in the
						available programs.
(2) WHO MAY
						FILE. A request for labor-management cooperation training or related services
						may only be filed jointly by an employer or employer association and by the
						exclusive collective bargaining representative of one or more bargaining units
						of employees of the employer or employer association, or by anyone authorized
						to act on their behalf.
(3) FORM;
						FILING; SERVICE. A request that the commission provide labor-management
						cooperation training or related services shall be in writing on a form provided
						by the commission, or a facsimile of the commission's form. The request is not
						filed until it has been received by the commission at its Madison office during
						normal business hours specified in s.
						ERC
						10.06(1). The request shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1).
(4) CONTENTS. A request for labor management
						cooperation services shall include all of the following:
(a) The name and address of the employer or
						employer association involved, 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 each exclusive representative involved, and the name, address and
						phone number of the principal representative of each. Fax numbers and e-mail
						addresses shall be included, if available.
(c) A statement specifying the type of
						services requested, including but not limited to general labor-management
						cooperation training, consensus bargaining training and facilitation,
						labor-management committee effectiveness training and facilitation, refresher
						training for one of the above, or some other type of service.
(d) A statement specifying the numbers of
						labor and management representatives to participate in the program.
(e) The date on which the request for
						services is transmitted to the commission.
Wisconsin Administrative Code › Employment Relations Commission › ERC 50-59 - Labor-Management Cooperation Services › Chapter ERC 50 - Labor-management cooperation services › Section ERC 50.04 - Commission action on request for labor-management cooperation services

Current through June 24, 2024
(1)
						PROGRAM APPROVAL DETERMINATION. Following receipt of a request for
						labor-management cooperation services, the commission or its designee shall
						determine whether, when, to what extent and at what cost it will provide the
						services requested, and the commission's determinations in those respects shall
						be communicated to the requesting parties in writing.
(2) DESIGNATION OF TRAINERS AND FACILITATORS.
						If the parties agree to participate in the program on the terms approved by the
						commission, the commission shall designate the trainer and facilitator as
						appropriate, and the trainers and facilitator so designated shall proceed to
						provide the approved services.
(3)
						TRAINER AND FACILITATOR IMPARTIALITY. The commission shall designate only
						competent, impartial and disinterested persons to act as trainers and
						facilitators.
(4) CONFIDENTIAL
						NATURE OF FUNCTION. Commission trainers and facilitators shall maintain
						confidentiality as required of mediators by s.
						904.085, Stats. To the extent
						that s. 904.085, Stats., is or becomes
						inapplicable for any reason, the following confidentiality provisions shall
						become applicable. Any information disclosed by the parties to the trainer or
						facilitator in the performance of duties shall not be divulged voluntarily or
						because of compulsion unless approved by the parties involved. All files,
						records, reports, documents, or other papers received or prepared by the
						trainer or facilitator in that person's confidential capacity shall be
						confidential and shall not be disclosed to any unauthorized person without the
						prior consent of the commission. The trainer or facilitator shall not produce
						any confidential records of, or testify about, any training or facilitation
						conducted by the trainer or facilitator, before any court, board (including the
						Wisconsin Employment Relations Commission), investigative body, arbitrator or
						fact finder without the written consent of the commission. In the absence of
						written consent of the commission, the trainer or facilitator shall
						respectfully decline, by reason of this subsection, to produce or present
						confidential records or documents of any nature or to give testimony concerning
						confidential training or facilitation information.
(5) BILLING OF PROGRAM FEES AND EXPENSES. The
						commission shall bill the parties for fees and expenses associated with the
						parties' participation in the agency's labor-management cooperation programs,
						in accordance with fee and expense specifications shared with the parties in
						advance of the program.
Wisconsin Administrative Code › Employment Relations Commission › ERC 50-59 - Labor-Management Cooperation Services › Chapter ERC 50 - Labor-management cooperation services › Section ERC 50.05 - Labor-management cooperation program activities

Current through June 24, 2024
(1) NATURE. The
						trainer and facilitator may hold separate or joint meetings with the parties or
						their representatives, or train or facilitate by means of other communications
						with one or both parties or their representatives. Training and facilitation
						meetings and related communications shall not be open to the public unless
						otherwise mutually agreed by the parties or their representatives.
(2) WHERE AND WHEN CONDUCTED. The trainer and
						facilitator shall set a date, time and place for the conduct of the training
						and facilitation that is agreeable to all parties and shall confirm those
						arrangements in writing to all parties.
Wisconsin Administrative Code › Employment Relations Commission › ERC 50-59 - Labor-Management Cooperation Services › Chapter ERC 50 - Labor-management cooperation services › Section ERC 50.06 - Costs of labor management cooperation services

Current through June 24, 2024
The fees and expenses charged for participation in
							labor-management cooperation programs shall be reasonable and consistent with
							those charged by the commission during the same time period for other labor
							management cooperation programs in the private, municipal and state sector,
							respectively. Unless the parties involved agree otherwise, those costs shall be
							split equally between labor and management.
Wisconsin Administrative Code › Employment Relations Commission › ERC 50-59 - Labor-Management Cooperation Services › Chapter ERC 50 - Labor-management cooperation services › Section ERC 50.07 - Report to commission

Current through June 24, 2024
If requested by the commission, the trainer and facilitators
							shall, either orally or in writing, report to the commission about the progress
							of the training and facilitation, as well as the terms of the settlement of
							disputes resolved during the course of the program.
Wisconsin Administrative Code › Employment Relations Commission › ERC 60-69 - UW Faculty and Academic Staff (Repealed) › Chapter ERC 60 - General UW system faculty and academic staff provisions (Repealed) › Section ERC 60.01 - Purpose and interpretation (Repealed)

Current through June 24, 2024
Subchapter VI of Chapter 111, Stats., was repealed by 2011
								Wis. Act 32.
Wisconsin Administrative Code › Employment Relations Commission › ERC 60-69 - UW Faculty and Academic Staff (Repealed) › Chapter ERC 60 - General UW system faculty and academic staff provisions (Repealed) › Section ERC 60.04 - Definitions (Repealed)

Current through June 24, 2024
Section 111.96, Stats., was repealed by 2011 Wis. Act
								32.
Wisconsin Administrative Code › Employment Relations Commission › ERC 60-69 - UW Faculty and Academic Staff (Repealed) › Chapter ERC 60 - General UW system faculty and academic staff provisions (Repealed) › Section ERC 60.10 - Forms (Repealed)

Current through June 24, 2024
The address of the commission's website is
http://werc.wi.gov
.
For the commission's Madison office, the mailing address
								is 4868 High Crossing Blvd., Madison, WI 53704-7403.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District 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 70.02 - Scope

Current through June 24, 2024
(1) BARGAINING UNITS COVERED. This chapter
						applies only to bargaining units of general municipal employees as defined in
						s. 111.70(1) (fm),
						Stats., who, as of September 15, are all of the following:
(a) School district employees.
(b) Represented by an exclusive
						representative.
(c) Not subject to
						a collective bargaining agreement or subject to a collective bargaining
						agreement entered into on or after June 29, 2011.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District 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 70.04 - Withdrawal of petition

Current through June 24, 2024
Any petition may be withdrawn at any time prior to the
							issuance of a final order based on it, by motion granted by the commission. A
							motion to withdraw shall be granted unless withdrawal would result in an
							injustice to any party. If the sole pending petition is withdrawn after the
							petition filing deadline set forth in s.
							ERC 70.03(7)
							(a), then the consequences and notice of
							consequences of withdrawal of the petition shall be as set forth in s.
							ERC 70.03(7) (b) and
							(c) but the date of dismissal of the
							withdrawn petition shall apply in place of the date specified in s.
							ERC 70.03(7)
							(a).
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District 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 70.05 - Action following filing of petition

Current through June 24, 2024
(1) FURNISHING OF
						PERSONNEL DATA BY MUNICIPAL EMPLOYER. Within 10 days of its receipt of the
						petition pursuant to s.
						ERC
						70.03(3), the municipal employer
						shall furnish to the commission in an electronically sortable format an
						alphabetical list of the names of the personnel and the last 4 digits of said
						personnel's social security numbers who were employed in the collective
						bargaining unit involved as of the pay period in which the first timely
						petition was filed or another date specified by the commission. If the
						commission so directs, the list shall also include each employee's mailing
						addresses including zip code and the employee's work unit and location. The
						commission shall designate the number of copies of the paper form list to be
						provided. If the commission so directs, the municipal employer shall, within
						the same time period, submit 2 sets of mailing labels including the employee's
						name and mailing address, suitable for use in a mail ballot procedure. At the
						same time the municipal employer furnishes the commission with personnel data,
						the municipal employer shall furnish the petitioning labor organization with an
						electronically sortable alphabetical list of the names of the personnel
						provided to the commission. The period of time for furnishing the personnel
						data may be extended by the commission for good cause shown.
(2) RESPONSE TO PERSONNEL DATA. Within 10
						days of receipt of the personnel data from the municipal employer, the
						petitioner shall electronically provide the commission and the municipal
						employer with an alphabetical list of the names of personnel that should be
						added to or deleted from the municipal employer's personnel list. The period of
						time for furnishing the list may be extended by the commission for good cause
						shown.
Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District 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 70.06 - Direction of election or other dispositional order

Current through June 24, 2024
As soon as possible after receipt and service of the
							personnel data, the commission shall, in writing, either direct an election,
							dismiss the petition, or make other orders regarding the disposition of the
							petition. In cases where the commission is directing an election, the direction
							shall establish the date on or before which an employee shall have been
							employed to be eligible to vote. The date shall be a date specified by the
							commission in the pay period in which the first timely petition was filed under
							this chapter regarding the bargaining unit, or another date specified by the
							commission. The direction of election shall provide that all individuals on the
							list provided by the municipal employer and on the list, if any, provided by a
							petitioning labor organization shall be allowed to vote, subject to the right
							of the municipal employer and any petitioning labor organization to challenge
							the eligibility of the voter.