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 70.01 - Policy

Current through June 24, 2024
This chapter implements the portion of s. 111.70(4) (d) 3
							b., Stats., requiring the commission to conduct an annual election, no later
							than December 1, to determine whether collective bargaining representation
							shall continue 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. The existing exclusive representative of such employees
							that wishes to continue said representation, or any other labor organization
							interested in representing such employees, must file a petition on or before
							September 15 requesting the commission to conduct a secret ballot election to
							determine whether a minimum of 51 percent of the bargaining unit employees
							eligible to vote favor collective bargaining representation by the petitioner
							or another petitioning labor organization. If no timely petition is filed, the
							result is the same as if only the existing representative filed a timely
							petition and the election resulted in decertification of the existing
							representative. The procedures in this chapter are intended to expedite the
							processing of a petition so that the ballots are cast as soon as possible
							following the filing of the petition, while providing for an orderly and fair
							procedure for resolving outcome-determinative issues, including which ballots
							should be counted. Once a timely petition has been filed, an existing
							representative's exclusive representative status is not adversely affected if
							the balloting is not concluded or the results of the election are not certified
							on or before December 1.
Note:
In Association of State Prosecutors v.
							Employment Relations Commission, Milwaukee County Circuit Court Consolidated
							Case Nos. 14-CV-9307, 14-CV-9658, 15-CV-0501, 15-CV-0328, 15-CV-0329 a
							Declaratory Judgment under s. 227.40, Stats was entered providing as
							follows:
THIS COURT ISSUES A DECLARATORY JUDGMENT that Wisconsin
							Employment Relations Commission exceeded its statutory authority in
							promulgating the Chapter  ERC 70  and  80  requirement that an existing exclusive
							representative must file a Petition in order to qualify for a recertification
							election under Wis. Stat. ss. 111.83(3) (b) and 111.70(4) (d) 3 b.
THIS COURT ISSUES A DECLARATORY JUDGMENT under Wis. Stat s.
							227.40(4) (a) that those provisions in Chapter  ERC 70  and  80  requiring an
							existing exclusive representative to file a Petition in order to qualify for a
							recertification election are invalid.
The decision noted above was affirmed by the Court of
								Appeals in Wisconsin Association of State Prosecutors v. Wisconsin Employment
								Relations Commission, 2016 WI App 85. The decision of the Court of Appeals was
								reversed by the Supreme Court in 2018 WI
								17.