reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 13 - Mediation of municipal sector labor disputes › Section ERC 13.04 - Commission action on request for mediation services

Current through June 24, 2024
(1) ACQUIESCENCE;
						REFUND OF FILING FEE. If the request to initiate mediation is filed by only one
						party, the commission shall immediately contact the other party to the dispute
						to inquire as to its acquiescence to mediation. If that party opposes
						proceeding to mediation, the commission shall so advise the initiating party,
						shall return the filing fee, and shall not act further on the request. The
						filing fee is refundable only in the event of the other party's
						non-acquiescence to mediation; neither the requesting party's withdrawal of the
						request for mediation nor the parties' settlement of the underlying dispute is
						a basis on which the filing fee shall be refunded.
(2) DESIGNATION OF MEDIATOR. If mediation has
						been jointly initiated or acquiesced in, the commission shall designate the
						mediator. Parties' joint requests for designation of particular mediators may
						be considered by the commission but shall not be binding on the
						commission.
(3) MEDIATOR
						IMPARTIALITY. The commission shall designate only competent, impartial and
						disinterested persons to act as mediators.
(4) CONFIDENTIAL NATURE OF FUNCTION.
						Commission mediators shall maintain confidentiality as required by s.
						904.085, Stats. To the extent
						that s. 904.085 is or becomes
						inapplicable for any reason, the following confidentiality provisions shall
						become applicable. Any information disclosed by the parties to the mediator 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 mediator 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 mediator shall not produce any confidential records of, or
						testify about any mediation conducted by the mediator, 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 mediator 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
						mediation information.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 13 - Mediation of municipal sector labor disputes › Section ERC 13.05 - Mediation initiated by the commission

Current through June 24, 2024
Where no request for mediation services has been filed, the
							commission may, on its own initiative, offer mediation services to the parties
							to a labor dispute where the commission considers it necessary to do so to
							serve the purposes of the Municipal Employment Relations Commission. In those
							cases, no filing fee shall be applicable, and the mediation meetings shall be
							conducted as provided in s.
							ERC
							13.06(2) or as established by the
							commission if the parties and the commission cannot agree on meeting times and
							places.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 13 - Mediation of municipal sector labor disputes › Section ERC 13.06 - Mediation proceedings

Current through June 24, 2024
(1) NATURE. The mediator may hold separate or
						joint meetings with the parties or their representatives, or mediate by means
						of other communications with one or both parties or their representatives.
						Mediation meetings and mediation communications shall not be open to the public
						unless otherwise mutually agreed by the parties or their
						representatives.
(2) WHERE AND WHEN
						CONDUCTED. The mediator shall, after conferring with the parties, set a date,
						time and place for the conduct of the mediation and shall notify the parties of
						those arrangements in writing.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 13 - Mediation of municipal sector labor disputes › Section ERC 13.07 - Report to commission

Current through June 24, 2024
If requested by the commission, the mediator shall, either
							orally or in writing, report to the commission about the progress of the
							mediation efforts, as well as the terms of the settlement of the
							dispute.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to
							fact-finding in municipal employment under s.
							111.70(4) (c)
							3, Stats., involving municipal employees who are engaged in law enforcement and
							fire fighting functions in cities, villages or towns having a population of
							less than 2500 as determined by the most recent regular or special federal
							census.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.02 - Petition for fact-finding

Current through June 24, 2024
(1) WHO MAY FILE. A
						petition to initiate fact-finding may be filed by a municipal employer or by
						the exclusive collective bargaining representative of a bargaining unit of
						municipal employees within the scope of s.
						ERC
						14.01.
(2)
						FORM; NUMBER OF COPIES; FILING; SERVICE. The petition shall be in writing on a
						form provided by the commission, or a facsimile of the commission's form. The
						petition is not filed until it and the filing fee established by s.
						ERC
						10.08(4) have been received by the
						commission at its Madison office during normal business hours. If the parties
						have previously paid a mediation filing fee for the same dispute under s.
						ERC
						10.08(3), no fee shall be paid for
						the fact-finding. 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 1 copy of the request shall be included. The fee may be
						transmitted to the commission by physical delivery or mail. The party filing
						the petition shall, at the same time, serve a copy of the request on the other
						party as set forth in s.
						ERC
						10.07.
(3)
						CONTENTS. The petition shall include all of the following:
(a) 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.
(b) The name and address
						of the exclusive representative 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 certified or recognized collective bargaining unit involved,
						as well as the approximate number of employees in the unit.
(d) A statement that after a reasonable
						period of negotiation the parties are deadlocked.
(e) A clear and concise statement of facts
						constituting the alleged deadlock.
(f) Any other relevant facts.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.03 - Withdrawal of petition; effect on filing fee

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. Neither the petitioning party's withdrawal of the
							petition for fact-finding nor the parties' settlement of the underlying dispute
							is a basis on which the filing fee shall be refunded.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.04 - Commission investigation

Current through June 24, 2024
(1) PURPOSE;
						NATURE; BY WHOM CONDUCTED. After a petition has been filed, the commission
						shall conduct an investigation to determine whether the parties are deadlocked
						after a reasonable period of negotiation. The investigation shall be conducted
						either by the commission or by an investigator assigned by the commission. The
						investigation shall consist either of an informal investigation or a formal
						hearing or both. During the informal investigation or formal hearing, the
						commission or investigator may engage in an effort to mediate the
						dispute.
(2) INFORMAL INVESTIGATION
						PROCEDURE. If an informal investigation is conducted, the commission or
						investigator, following communication with the parties, shall set a date, time
						and place for the conduct of the informal investigation and shall notify the
						parties in writing. The informal investigation may be adjourned or continued in
						the discretion of the commission or investigator. During the investigation the
						commission or investigator may meet jointly or separately with the parties for
						the purposes described in sub. (1) and may otherwise communicate with one or
						both parties for those purposes. Following the close of the investigation, the
						investigator shall report the findings to the commission, either orally or in
						writing, as the commission may direct.
(3) FORMAL HEARING PROCEDURE. If a formal
						hearing is conducted, the commission or investigator, following communication
						with the parties, shall set a date, time and place for the conduct of the
						formal hearing and notify the parties by formal notice. The formal hearing may
						be adjourned or continued in the discretion of the commission or investigator.
						Hearing practice and procedure shall be as set forth in ss.
						ERC
						18.06 to
						18.08, except that the purpose and
						scope of the hearing shall be limited to establishing the facts needed to
						determine whether, after a reasonable period of negotiation, the parties are
						deadlocked.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.05 - Consolidation of proceedings

Current through June 24, 2024
The commission may consolidate fact-finding proceedings to
							avoid unnecessary costs, delay, or multiplicity of proceedings or to otherwise
							serve the purposes of the Municipal Employment Relations Act.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.06 - Certification of results of investigation

Current through June 24, 2024
(1) WHEN ISSUED.
						After consideration of either the report of the investigator conducting the
						informal investigation, or the record of the hearing, or both, the commission
						shall issue a certification of the results of the investigation with respect to
						whether fact-finding should be initiated.
(2) CONTENTS. The certification shall contain
						findings of fact and conclusions of law concerning the results of the
						investigation, and it shall include an order initiating fact-finding or
						dismissing the petition or taking other action that is consistent with the
						purpose of the Municipal Employment Relations Act.
(3) APPOINTMENT OF FACT FINDER. If the
						certification requires that fact-finding be initiated, the commission shall
						submit to the parties the names of 5 members of the commission's ad hoc panel
						of arbitrators and fact finders described in ch. ERC 40. Fact finder selection
						and panel composition shall be as provided in s.
						ERC
						40.06(3), with fact finders randomly
						selected from among the roster members available for service at the time the
						panel is selected. The commission shall supply the parties with copies of the
						biographical and fee information on file with the commission regarding each
						fact finder whose name is supplied to the parties by the commission. Each
						party, by its authorized representative, shall alternately strike one name from
						the list until one name remains. The order of proceeding in the selection
						process shall be determined by lot. The parties shall then advise the
						commission of the name of the person remaining on the list, and that person
						shall be appointed by the commission as the fact finder. Alternatively, at the
						joint request of the parties, the commission shall appoint a 3-member
						fact-finding board.
(4) SERVICE ON
						THE PARTIES. A copy of the commission's order appointing the fact finder shall
						be served, as set forth in s.
						ERC
						10.07, on the parties and on the appointed fact
						finder.
(5) FACT FINDER
						IMPARTIALITY. The commission shall designate only competent, impartial and
						disinterested persons to act as fact finders or to be included in a panel of
						fact finders.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.07 - Hearing before the fact finder

Current through June 24, 2024
(1) NOTICE OF
						HEARING. Following the receipt of notification of an appointment and
						communications with the parties, the fact finder shall issue and serve on both
						parties, as set forth in s.
						ERC
						10.07, a notice of hearing specifying the date, time
						and place at which the fact-finding hearing shall be conducted.
(2) SCOPE AND NATURE OF HEARING. The hearing
						shall be public and for the purpose of gathering information which shall assist
						the fact finder in reaching recommendations for the resolution of the dispute.
						Except as otherwise required by commission rules, proceedings before the fact
						finder shall be conducted in accordance with the ethical standards and
						procedures set forth in the Code of Professional Responsibility for Arbitrators
						of Labor-Management Disputes as approved and amended from time to time by the
						National Academy of Arbitrators, American Arbitration Association and Federal
						Mediation and Conciliation Service. The Code is available in electronic form on
						the commission website and in paper form on request from the
						commission.
(3) HEARING PROCEDURE.
						Hearings shall be within the control of the fact finder and shall be conducted
						as expeditiously as the nature of the dispute shall allow. In conducting the
						hearing the fact finder has the power to take the following actions:
(a) Administer oaths and
						affirmations.
(b) Issue subpoenas
						in the name of the commission.
Note: Fact finders may obtain appropriate subpoena forms from
							the commission's Madison office.
(c) Rule on offers of proof and receive
						relevant evidence.
(d) Regulate the
						course of the fact-finding hearing.
(e) Dispose of procedural requests and
						similar matters.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.08 - Fact-finding recommendations

Current through June 24, 2024
(1) ISSUANCE. After
						the close of the hearing, the fact finder shall prepare and issue fact-finding
						recommendations.
(2) CONTENTS. The
						fact-finding recommendations shall contain all of the following:
(a) A statement of findings of fact and
						conclusions on all material issues presented on the record.
(b) Recommendations for the solution of the
						dispute.
(c) A memorandum stating
						the reasons for the fact finder's findings, conclusions and recommended
						solutions.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.09 - Compensation of fact finder and other costs

Current through June 24, 2024
The fees and expenses of the fact finder including the rental
							of hearing rooms, the conduct of the fact-finding hearing, and the preparation
							of the recommendations, shall be shared equally by the parties. The fees and
							expenses charged by the fact finder shall not exceed those described in the
							fact finder's biographical information and fee statement on file with the
							commission at the time the fact finder's name was supplied to the parties by
							the commission. Costs of subpoenas and witness fees shall be borne by the party
							requesting the subpoena or witness. Fees and expenses charged by the reporter,
							if any, shall be borne equally by the parties if both parties agreed that the
							hearing would be transcribed. If only one party desires a transcript, that
							party is solely responsible for the fees and expenses incurred by the reporter
							and shall provide a copy of the transcript to the fact
							finder.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.10 - Fact finder's report of fees and expenses

Current through June 24, 2024
After issuing recommendations or otherwise concluding service
							to the parties as a fact finder, the fact finder shall transmit to the
							commission, as set forth in s.
							ERC
							10.06(1), a report of the fees and
							expenses, if any, for which the fact finder charged the
							parties.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees › Section ERC 14.11 - Notification of acceptance or rejection of recommendations of the fact finder

Current through June 24, 2024
(1) WHO
						SHALL NOTIFY; WHO SHALL BE NOTIFIED. Each party involved in fact-finding shall
						notify, in writing, the other parties and the commission of its acceptance or
						rejection, in whole or in part, of the fact finder's recommendations.
(2) SERVICE. The notification shall be served
						within 30 days of the receipt of the fact finder's recommendations or within a
						different time period mutually agreed upon by the parties. The notification
						shall be served on each party as set forth in s.
						ERC
						10.07. The notification shall be filed with the
						commission as set forth in s.
						ERC
						10.06(1).
(3) CONTENTS. The notification shall contain
						the following:
(a) The identity of the
						proceeding.
(b) The identity of the
						fact finder.
(c) The date upon
						which the recommendations were issued.
(d) A clear and concise statement as to the
						acceptance or rejection, in whole or in part, of each recommendation of the
						fact finder.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to
							referenda with respect to municipal sector fair-share agreements under s.
							111.70(1) (f) and
							(2), Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.03 - Stipulation for referendum to determine the continuation of a fair-share

Current through June 24, 2024
(1) WHO
						MAY FILE. A stipulation for a referendum to determine the continuation of a
						fair-share agreement may be filed by the exclusive representative and the
						municipal employer who are parties to the fair-share agreement, or anyone
						authorized to act on their behalf.
(2) TIME FOR FILING. A stipulation for a
						referendum to determine the continuation of a fair-share agreement may be filed
						at any time following the implementation of the fair-share agreement
						involved.
(3) FORM, NUMBER OF
						COPIES, FILING AND SERVICE. The stipulation shall be in writing on a form
						provided by the commission, or a facsimile of the commission's form, and shall
						include the signatures or a facsimile of the signatures of the parties or
						representatives filing the stipulation. A stipulation is not filed unless it
						contains the required signatures or signature facsimiles and unless and until
						the stipulation has been actually received by the commission at its Madison
						office during normal business hours specified in s.
						ERC
						10.06(1). The stipulation shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the stipulation is filed
						in paper form, a total of 2 copies of the petition shall be included.
(4) CONTENTS. The stipulation shall include
						all of the following:
(a) The names and
						addresses of the parties on whose behalf the referendum is stipulated, and the
						names, addresses and phone numbers of the parties' principal representatives.
						Fax numbers and e-mail addresses shall be included, if available.
(b) An agreement that a hearing shall be
						waived and a request that the commission conduct a referendum to determine the
						continuation of a fair-share agreement.
(c) A description of the collective
						bargaining unit involved, and the approximate number of employees in the
						unit.
(d) A description of the
						fair-share agreement involved.
(e)
						The date on which the most recent referendum, if any, was conducted, and the
						results of that referendum.
(f) A
						complete list of employees agreed upon by the parties as being included in the
						collective bargaining unit and eligible to vote.
(g) Suggested days of the week, time and
						place for the conduct of the referendum.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.04 - Petition for referendum

Current through June 24, 2024
(1) WHO MAY FILE. A petition to determine the
						continuation of a fair-share agreement may be filed by the municipal employer
						or by a labor organization, or by anyone acting on their behalf.
(2) TIME FOR FILING. A petition for an
						initial referendum to determine the continuation of a fair-share agreement may
						be filed at any time following the implementation of the fair-share agreement
						involved.
(3) 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 and the showing of
						interest in support of the petition required by s.  ERC 15.05  have 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). The showing of interest in
						support of the petition required by s.
						ERC
						15.05, shall be transmitted to the commission in paper
						form by physical delivery or mail.
(4) CONTENTS. The petition shall include all
						of the following:
(a) The name and address of
						the municipal employer who is a party to the fair-share agreement 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 the exclusive
						representative who is a party to the fair-share agreement 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 collective
						bargaining unit involved, and the approximate number of employees in the
						unit.
(d) A description of the
						fair-share agreement involved.
(e)
						The date of execution, the effective date, the reopening date, if any, and the
						expiration date of the collective bargaining agreement containing the
						fair-share agreement involved.
(f)
						The date on which the most recent referendum, if any, was conducted, and the
						results.
(g) A statement to the
						effect that at least 30% of the employees in the collective bargaining unit
						involved desire a referendum to determine whether the fair-share agreement
						shall continue.
(h) The name and
						address of the petitioner, and the name, address and phone number of the
						petitioner's principal representative. Fax numbers and e-mail addresses shall
						be included, if available.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.05 - Showing of interest in support of petition

Current through June 24, 2024
The petition shall be supported by a showing of interest in
							writing, containing the printed names and signatures of at least 30% of the
							employees in the collective bargaining unit involved, the dates on which the
							signatures were executed, and a statement that the employees signing oppose the
							continuance of the fair-share agreement involved.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.06 - 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.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.07 - Commission pre-hearing action on petition

Current through June 24, 2024
(1) SERVICE OF
						PETITION. Upon receipt of a petition, the commission shall serve a copy of the
						petition on all interested parties identified in the petition.
(2) DETERMINATION OF SHOWING OF INTEREST.
						Upon receipt of a petition, the commission shall determine the sufficiency of
						the showing of interest.
(a)
Furnishing of employee list by municipal employer.
If the
						commission determines that the showing of interest is sufficient, on its face,
						to warrant the processing of the petition, the municipal employer involved
						shall, within a period of time established by the commission, furnish in
						writing to the commission a list containing the names of the employees, in
						alphabetical order, employed in the collective bargaining unit involved. The
						period of time for furnishing a list of employees may be extended by the
						commission for good cause shown.
(b)
Determination.
The
						commission shall determine the sufficiency of the showing of interest upon the
						receipt from the employer of the names of the employees in the bargaining unit.
						No party, other than the party submitting the showing of interest, may receive
						a copy of, or examine, the showing of interest. The commission shall inform all
						parties as to its determination regarding the sufficiency of the showing of
						interest. The commission shall not reveal the number or identity of persons
						supporting a showing of interest.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.09 - Hearings

Current through June 24, 2024
Hearings shall be open to the public and limited to the
							litigation of and oral argument on issues of fact or law regarding whether
							there exists a question for resolution by referendum among the eligible
							employees in the unit involved. The commission or examiner conducting the
							hearing shall inquire fully into all matters in issue, to obtain a full and
							complete record upon which the duties of the commission under s.
							111.70(2),
							Stats., may be properly performed. Practice and procedure for hearings in
							referendum proceedings shall otherwise be as set forth in s.
							ERC
							18.08.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.10 - Direction of referendum or other dispositional order

Current through June 24, 2024
As soon as possible after submission of the case, the
							commission shall, in writing, either direct a referendum, dismiss the petition,
							or make other orders regarding the disposition of the petition or stipulation.
							In cases where the commission is directing a referendum, the direction shall
							establish the date on or before which an employee shall have been employed to
							be eligible to vote. In cases where the commission is resolving issues of fact
							or law, the commission's order shall be accompanied by its findings of fact and
							conclusions of law, and may be made available to the public through the
							commission website and in other commission publications.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.11 - Referendum

Current through June 24, 2024
(1) NATURE OF BALLOTING; BY WHOM CONDUCTED;
						EXTENSION OF TIME TO CONDUCT. All referenda shall be conducted by secret ballot
						and under the supervision of the commission. The commission shall determine on
						a case by case basis whether balloting shall be conducted on-site or by mail.
						The time within which the commission has directed a referendum to be conducted
						may be extended by the commission.
(2) NOTICE OF REFERENDUM. The municipal
						employer shall post notices to employees concerning the referendum and the
						commission's policy on absentee ballots, at times, locations and in a form
						specified by the commission.
(3)
						OBSERVERS. Any party may be represented by observers, selected in accordance
						with limitations, if any, established by the commission.
(4) CHALLENGE OF VOTERS. Any observer or
						commission agent conducting the referendum may challenge, for good cause, the
						eligibility of any person to vote in the referendum. The challenged ballots
						shall be impounded without being opened or counted.
(5) COUNT AND TALLY OF BALLOTS. At the
						conclusion of the referendum, the ballots shall be counted in the presence of
						the parties or their observers, and the commission agent conducting the
						referendum shall furnish a tally of ballots to the parties.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.12 - Certification of results of referendum

Current through June 24, 2024
(1) WHEN ISSUED. If
						challenged ballots are insufficient in number to affect the results and no
						timely objections are filed under s.
						ERC
						15.13, the commission shall issue to the parties a
						certification of the results of the referendum.
(2) EFFECT OF CERTIFICATION.
(a)
Opposing fair-share.
Where the certification of the results of a referendum indicates that the
						required number of employees has not authorized the implementation of, or the
						continuation of, the fair-share agreement, the fair-share agreement shall not
						be implemented, or shall be immediately terminated.
(b)
Favoring fair-share.
Where the certification of the results of a referendum indicates that the
						required number of employees has authorized the implementation of, or the
						continuation of, the fair-share agreement, the fair-share agreement shall
						become effective, or continue in effect.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.13 - Objections to referendum

Current through June 24, 2024
(1) FILING; FORM;
						COPIES. Within 8 days after receiving the tally of ballots, any party may file
						with the commission objections to the conduct of the referendum or conduct
						affecting the results of the referendum. Objections shall be in writing and
						shall include the signature or a facsimile of the signature of the party or
						representative filing the objections. The objections shall contain a brief
						statement of facts upon which the objections are based. A statement of
						objections is not filed unless it contains the required signature or signature
						facsimile and unless and until it has been actually received by the commission
						at its Madison office during normal business hours specified in s.
						ERC
						10.06(1). The objections shall be
						transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the objections are filed
						in paper form, a total of 2 copies of the objections shall be
						included.
(2) SERVICE ON OTHER
						PARTIES. The party filing objections shall, at the same time, serve each of the
						other parties with a copy as set forth in s.
						ERC
						10.07.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.14 - Commission action on challenges or objections

Current through June 24, 2024
(1) HEARING. If
						ballot challenges potentially affecting the referendum outcome or objections
						raise a substantial question which cannot be resolved without a hearing, the
						commission may issue and serve a notice of hearing concerning the issues to be
						resolved. Practice and procedure for hearings on challenges or objections shall
						be as set forth in ss.
						ERC
						18.06 to
						18.08.
(2) AFTER HEARING. As soon as possible after
						submission of the case, the commission shall, in writing, either sustain or
						overrule each challenge or objection.
(a) If
						the commission directs that challenged ballots be opened and counted, the
						ballots shall be opened and counted, and the commission shall issue a revised
						tally and a certification of referendum results.
(b) If the commission sustains one or more
						objections, it may direct a new referendum to be held at a time and under
						conditions specified by the commission.
(c) If the commission overrules all
						objections, it shall promptly issue a certification of the referendum
						results.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 15 - Referenda concerning municipal sector fair-share agreements › Section ERC 15.15 - Petition for rehearing

Current through June 24, 2024
Any person aggrieved by a final order of the commission may,
							within 20 days after service of the order, file a written petition for
							rehearing which shall specify in detail the grounds for the relief sought and
							supporting authorities. Practice and procedure regarding the filing and
							processing of a petition for rehearing in a referendum proceeding shall be as
							set forth in s.
							ERC
							18.11.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.01 - Scope

Current through June 24, 2024
This chapter governs the general procedure relating to
							grievance arbitration proceedings and designation of grievance arbitrators
							under s. 111.70(4) (c) 2. and (4)
							(cm) 4, Stats., involving collective
							bargaining units of municipal employees and for units of supervisory law
							enforcement or supervisory fire fighter personnel of a municipal
							employer.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.02 - Policy

Current through June 24, 2024
To promote the prompt, peaceful and just settlement of labor
							disputes arising from the interpretation or application of a collective
							bargaining agreement affecting terms and conditions of municipal employment in
							Wisconsin, the commission offers various grievance arbitration services
							involving designation of grievance arbitrators who are either employed by the
							commission or who are on the commission's ad hoc roster of arbitrators and
							fact-finders not employed by the commission.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.03 - Request for commission-employed arbitrator

Current through June 24, 2024
(1) FORM, FILING,
						FILING FEE, SERVICE. A request that the commission provide the services of a
						commission-employed arbitrator may be filed by the exclusive representative,
						the municipal employer or anyone authorized by a collective bargaining
						agreement to submit disputes to grievance arbitration. The request 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 and the filing fee
						established by s.
						ERC
						10.08(2) have been received by the
						commission at its Madison office during normal business hours specified in s.
						ERC
						10.06(1). If any request for
						commission-employed arbitrator services concerns issues arising as a result of
						more than one unrelated event or occurrence, each separate event or occurrence
						shall be treated as a separate request for which a separate filing fee shall be
						assessed. The request shall be transmitted to the commission as set forth in s.
						ERC
						10.06(1). If the request is filed in
						paper form, a total of 1 copy of the request shall be included. The fee may be
						transmitted to the commission by physical delivery or mail. Unless the request
						is submitted jointly, the party filing the request shall, at the same time,
						serve a copy of the request on the other party as set forth in s.
						ERC
						10.07.
(2)
						CONTENTS. A request for the services of a commission-employed arbitrator shall
						include all of the following:
(a) A statement
						of the alleged issues in dispute, or a copy of the grievance and the municipal
						employer's response to the grievance.
(b) A copy of the collective bargaining
						agreement in effect.
(c) A request
						that the commission take one of the following actions:
1. Select and designate a member of the
						commission or of its staff to act as an arbitrator or as chair of an
						arbitration board.
2. Supply a
						panel listing a specified number of commissioners or commission staff members
						for the parties' use in selecting an arbitrator or chair of an arbitration
						board.
3. Designate as grievance
						arbitrator or chair of an arbitration board a particular commissioner or
						commission staff member jointly requested by the parties, or one of a number of
						particular commissioners or commission staff members jointly requested by the
						parties, if available.
(d) The names, addresses and phone numbers of
						the principal representatives of the parties involved. Fax numbers and e-mail
						addresses shall be included, if available.
(e) A statement whether the request is being
						submitted by the exclusive representative, the municipal employer, or
						both.
(f) The date on which the
						arbitration request is transmitted to the commission.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.05 - Proceedings before commission-employed arbitrator

Current through June 24, 2024
Proceedings before any commission-employed grievance
							arbitrator or grievance arbitration board chair, selected through the
							procedures described in this chapter, including subpoena practice, shall be as
							provided in ch. 788, Stats. Except as otherwise required by commission rules,
							proceedings before the commission-employed grievance arbitrator shall also be
							conducted in accordance with the ethical standards and procedures set forth in
							the Code of Professional Responsibility for Arbitrators of Labor-Management
							Disputes as approved and amended from time to time by the National Academy of
							Arbitrators, American Arbitration Association and Federal Mediation and
							Conciliation Service. The Code, as amended, is available in electronic form on
							the commission website and in paper form on request from the commission.
							Hearings conducted by a commission-employed arbitrator shall not be open to the
							public unless the parties jointly agree otherwise.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.06 - Request for ad hoc arbitrator not employed by the commission

Current through June 24, 2024
(1) FORM, FILING,
						SERVICE. A request that the commission provide the parties with a list of one
						or more ad hoc arbitrators, not employed by the commission, to provide
						grievance arbitration services may be filed by the exclusive representative,
						the municipal employer or anyone authorized by a collective bargaining
						agreement to submit disputes to grievance arbitration. The request shall be in
						writing on a form provided by the commission, or a facsimile of the
						commission's form. The request for grievance arbitration services 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). If the request is filed in
						paper form, a total of 1 copy of the request shall be included. Unless the
						request is submitted jointly, the party filing the request shall, at the same
						time, serve a copy of the request on the other party as set forth in s.
						ERC
						10.07.
(2)
						CONTENTS.
(a) An identification of the
						grievance or issues in dispute.
(b)
						A request that the commission take one of the following actions:
1. Select and designate as grievance
						arbitrator or as chair of an arbitration board a member of the commission's ad
						hoc roster of arbitrators, not employed by the commission. described in ch. ERC
						40.
2. Supply a panel listing a
						specified number of members of the commission's ad hoc roster of arbitrators,
						not employed by the commission, for the parties' use in selecting an arbitrator
						or chair of an arbitration board.
(c) The names, addresses and phone numbers of
						the principal representatives of the parties involved. Fax numbers and e-mail
						addresses shall be included, if available.
(d) A statement whether the request is being
						submitted by the exclusive representative, the municipal employer or
						both.
Wisconsin Administrative Code › Employment Relations Commission › ERC 10-19 - Municipal Employment Relations Act › Chapter ERC 16 - Arbitration of municipal sector grievance disputes › Section ERC 16.07 - Commission action on request for ad hoc arbitrator

Current through June 24, 2024
(1) DESIGNATION OF
						ARBITRATOR OR ISSUANCE OF PANEL. In response to a request for ad hoc arbitrator
						services, the commission shall, as requested, either designate the arbitrator,
						or submit to the parties a panel of individuals for the parties' consideration
						in the selection of an arbitrator or arbitration board chair. Arbitrator
						selection and panel composition 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.
(2) REQUESTS FOR SUBSTITUTE PANEL OR
						SUBSTITUTE FOR ARBITRATOR ON PANEL. The commission shall provide an additional
						panel or the name of a substitute arbitrator for an arbitrator on a panel only
						at the joint request of the parties.
(3) COMPENSATION OF AD HOC ARBITRATORS. Ad
						hoc arbitrators shall be compensated by the parties for fees and expenses. The
						fees and expenses charged by the arbitrator shall not exceed those described in
						the arbitrator's biographical information and fee statement on file with the
						commission at the time the arbitrator's name was supplied to the parties by the
						commission.
(4) 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.