Wisconsin Administrative Code › Employment Relations Commission › ERC 30-39 - Municipal Sector Interest Dispute Resolution Processes › Chapter ERC 30 - Municipal interest arbitration involving fire fighting and law enforcement personnel under s. 111.77, Stats › Section ERC 30.12 - Certification of results of investigation or hearing, or certification based on stipulation

Current through June 24, 2024
(1) WHEN ISSUED. After consideration of
						either the report of the informal investigation, or the record adduced in the
						formal hearing, or the parties' stipulation to waive the investigation, the
						commission shall issue a certification of the result of the investigation or
						hearing, or on the basis of the stipulation, with respect to a determination as
						to whether compulsory final and binding arbitration should be initiated, and
						serve copies on the parties as set forth in s.
						ERC
						10.07.
(2)
						CONTENTS. The certification shall contain findings of fact and conclusions of
						law material in the matter, and an order either initiating compulsory final and
						binding arbitration and designating the form of arbitration, or dismissing the
						petition or stipulation, consistent with the purposes and policy of s.
						111.77, Stats. The commission
						shall designate Form 2 final offer package arbitration as defined in s.
						111.77(4) (b),
						Stats., as the form of arbitration unless the parties have previously agreed
						either to non-final offer non-package Form 1 arbitration as defined in s.
						111.77(4) (a),
						Stats., or to their own procedures for resolving the impasse.
(3) SUBMISSION OF PANEL. If the certification
						requires arbitration and the parties have not previously agreed to their own
						procedures for resolving the impasse, the parties shall be directed to select
						an arbitrator within 10 days after the issuance of the certification, or within
						a different time period agreed upon between the parties, from a panel of 5
						arbitrators designated by the commission. Selection of arbitrators for
						inclusion on the panel shall be as provided in s.
						ERC
						40.06(3), with arbitrators randomly
						selected from among the roster members available for service at the time the
						request is processed. The commission shall supply the parties with copies of
						the biographical and fee information on file with the commission regarding each
						arbitrator whose name is supplied to the parties by the commission. In the
						absence of an agreement to another method of selection, the parties shall
						select the arbitrator by alternately striking names from the panel until a
						single name remains, who shall be the arbitrator. The order of proceeding in
						the selection process shall be determined by lot.
(4) SERVICE OF CERTIFICATION AND PANEL.
						Copies of the certification and the names of the panel members shall be served
						on the parties as set forth in s.
						ERC
						10.07.
(5)
						ARBITRATOR IMPARTIALITY. The commission shall designate only competent,
						impartial and disinterested persons to act as arbitrators or to be included in
						a panel of arbitrators.