Chapter ERC 18
MUNICIPAL SECTOR SCOPE OF BARGAINING DECLARATORY RULINGS
ERC 18.03 Statement in response to petition. ERC 18.04 Withdrawal of petition. ERC 18.05 Stipulation for declaratory ruling. ERC 18.07 Notice of hearing. ERC 18.09 Findings of fact, conclusions of law and declaratory ruling. ERC 18.10 Application of declaratory ruling in prohibited practice proceedings. ERC 18.11 Petition for rehearing. Ch. ERC 18 NoteNote: Chapter ERB 18 was renumbered chapter ERC 18 under s. 13.93 (2m) (b) 1., Stats., Register, December, 1994, No. 468. Chapter ERC 18 as it existed on June 30, 2006, was repealed and a new chapter ERC 18 was created, Register June 2006 No. 606, effective July 1, 2006. ERC 18.01ERC 18.01 Scope. This chapter governs the general procedure relating to declaratory rulings issued under s. 111.70 (4) (b), Stats. ERC 18.01 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 18.02(1)(1) Who may file. A petition for the determination of a dispute concerning the duty to bargain on any subject may be filed by a municipal employer or by the exclusive collective bargaining representative of municipal employees. ERC 18.02(2)(2) Form, number of copies, filing and service. The petition shall be in writing in the form described below 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 has 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). If the petition is filed in paper form, a total of 2 copies of the petition shall be included. The petition shall be captioned as follows: “STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT
RELATIONS COMMISSION
__________________________________________________
In the Matter of the Petition of
(NAME OF PETITIONER)
Requesting a Sec. 111.70 (4) (b), Stats., Declaratory Ruling
Involving a Dispute Between the Petitioner and
(NAME OF OTHER PARTY)
__________________________________________________”
The party filing the petition shall, at the same time, serve a copy on the other party, or its designated representative, as set forth in s. ERC 10.07. ERC 18.02(3)(3) Contents. The petition shall include all of the following: ERC 18.02(3)(a)(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. ERC 18.02(3)(b)(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. ERC 18.02(3)(c)(c) A description of the certified or recognized collective bargaining unit involved, as well as the approximate number of employees in the unit. ERC 18.02(3)(d)(d) A clear and concise statement of the subject or subjects over which a dispute has arisen concerning the duty to bargain. ERC 18.02(3)(e)(e) A statement of the position of the petitioner as to whether or not the parties are under a duty to bargain on the subject or subjects listed in the petition. ERC 18.02(4)(4) Statement in support of petition. The petitioner shall attach to each copy of the petition a clear and concise statement of the facts and arguments relied upon by the petitioner in support of the position taken by the petitioner. ERC 18.02 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 18.03ERC 18.03 Statement in response to petition. ERC 18.03(1)(1) Who shall file. The party other than the petitioner shall, within a time established by the commission, file with the commission a statement in response to the petition. ERC 18.03(2)(2) Form, number of copies, filing and service. The statement in response shall be in writing and shall include the caption of the case and the signature or a facsimile of the signature of the party or representative filing the statement. The statement shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the statement is filed in paper form, a total of 2 copies shall be provided to the commission. The party filing the statement in response shall, at the same time, serve a copy on the petitioner or its designated representative, as set forth in s. ERC 10.07. ERC 18.03(3)(3) Contents. The statement in response shall include all of the following: ERC 18.03(3)(a)(a) A statement of the position taken by the responding party as to whether the parties are under a duty to bargain on the subject or subjects listed in the petition. ERC 18.03(3)(b)(b) A clear and concise statement of the facts and arguments relied upon by the responding party in support of its position regarding the petition. ERC 18.03(3)(c)(c) Corrections, as necessary, of the names, addresses, phone numbers, fax numbers, e-mail addresses, affiliations and representatives in the petition, or of the description of the collective bargaining unit involved, or the number of employees in the unit. ERC 18.03 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 18.04ERC 18.04 Withdrawal of petition. 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. ERC 18.04 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 18.05ERC 18.05 Stipulation for declaratory ruling. ERC 18.05(1)(1) Who may file. Where a municipal employer and the exclusive representative of employees of the municipal employer in an appropriate collective bargaining unit are in dispute concerning the duty to bargain on any subject, those parties may jointly file a stipulation for a declaratory ruling with regard to the dispute. ERC 18.05(2)(2) Form, number of copies and filing. The stipulation for a declaratory ruling shall be in writing in the form described below and shall contain the signatures or facsimiles of the signatures of both parties or their designated representatives. 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 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. The stipulation shall be captioned as follows: “STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT
RELATIONS COMMISSION
__________________________________________________
In the Matter of the Stipulation between
(NAME OF MUNICIPAL EMPLOYER)
and
(NAME OF EXCLUSIVE REPRESENTATIVE)
Requesting a Sec. 111.70 (4) (b), Stats., Declaratory Ruling
Involving a Dispute Between the Parties
__________________________________________________”
ERC 18.05(3)(3) Contents. The stipulation shall include all of the following: ERC 18.05(3)(b)(b) The name, address and phone number of the municipal employer involved and of its principal representative. Fax numbers and e-mail addresses shall be included, if available. ERC 18.05(3)(c)(c) The name, address, phone number and affiliation, if any, of the exclusive representative involved and of its principal representative. Fax numbers and e-mail addresses shall be included, if available. ERC 18.05(3)(d)(d) A description of the certified or recognized collective bargaining unit involved, as well as the approximate number of employees in the unit. ERC 18.05(3)(e)(e) A clear and concise statement of the subject or subjects over which a dispute has arisen concerning the duty to bargain. ERC 18.05(3)(g)(g) A clear and concise statement of the position taken by each party as to whether the parties are under a duty to bargain on the subject or subjects listed in the stipulation. ERC 18.05(4)(4) Statements in support of position. Each party to the stipulation shall attach to the stipulation, or within an agreed period of time set forth in the stipulation, file with the commission, a detailed statement of the arguments relied upon in support of its position in the matter, and shall, at the same time, serve a copy on the other party, as set forth in s. ERC 10.06 (1). If the statement is filed in paper form, a total of 2 copies shall be provided to the commission. ERC 18.05 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 18.06(1)(a)(a) Presentation. All motions shall be made in writing, except that motions made at a hearing may be stated orally on the record, and all motions shall briefly state the order, ruling, or action sought and shall state the grounds for the motion. Alternate relief may be requested. Any party may by motion request that the commission or examiner take any action which they are authorized by law to take. Any statement opposing a motion shall be promptly filed and shall conform to the same requirements as this paragraph provides for motions. Written motions, and written statements opposing them, shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the motion is filed in paper form, a total of 2 copies of the motion shall be included. The party filing a written motion or written statement opposing a motion shall, at the same time, serve a copy on each of the other parties or their representatives, as set forth in s. ERC 10.07. ERC 18.06(1)(b)(b) Disposition. The commission or examiner shall rule on all motions. Motions made during a hearing shall be ruled on either during the hearing or when the entire record is considered. All rulings on motions shall be in writing, or if made at the hearing, may be stated orally on the record. ERC 18.06(1)(c)(c) Rulings and orders part of record. All motions and any related rulings or orders shall become part of the record. ERC 18.06(2)(a)(a) To intervene. Any person desiring to intervene shall file a motion with the commission or examiner stating the reasons the person is claiming to have an interest in the proceeding. Intervention may be permitted on terms the commission or examiner finds appropriate. ERC 18.06(2)(b)(b) For pre-hearing discovery. Pre-hearing discovery is not available in proceedings under this chapter except that each party may take and preserve evidence with respect to a witness who is any of the following: ERC 18.06(2)(b)2.2. About to go out of the state, not intending to return in time for the hearing. ERC 18.06(2)(b)3.3. So sick, infirm or aged as to make it probable that the witness will not be able to attend the hearing. ERC 18.06(2)(b)4.4. A member of the legislature, if any committee of the same or the house of which the witness is a member is in session, provided the witness waives the privilege. ERC 18.06(2)(d)(d) To reschedule hearing. A motion to reschedule hearing shall state the reasons for the request, alternate dates for rescheduling, and the positions of all other parties regarding the request. ERC 18.06(2)(e)(e) To dismiss. A motion to dismiss shall state the basis for the requested dismissal. A motion to dismiss shall not be granted before an evidentiary hearing has been conducted except where the pleadings, viewed in the light most favorable to the petitioner, permit no interpretation of the facts alleged that would make dismissal inappropriate.
