Wisconsin Administrative Code › Employment Relations Commission › ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees › Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, 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 71.03 - Petition for election

Current through June 24, 2024
(1) WHO MAY FILE. A petition for an annual
						election to determine whether a represented municipal sector general employee
						collective bargaining unit shall continue to be represented by an exclusive
						representative may be filed 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 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 MUNICIPAL 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
						municipal employer of the employees the labor organization currently represents
						or wishes to represent.
(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 municipal 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 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 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 represent the bargaining unit.
3. That the petitioner requests that the
						commission conduct an annual certification election to determine whether the
						bargaining unit shall be represented by the petitioner for purposes of
						collective bargaining with the municipal employer.
(g) A statement that the petitioner has
						served a copy of the petition on the municipal employer.
(h) Any other relevant facts.