Chapter ERC 22

Chapter ERC 22

STATE SECTOR UNFAIR LABOR PRACTICES

ERC 22.01   Scope.

ERC 22.02   Complaint.

ERC 22.03   Answer to complaint.

ERC 22.04   Motions.

ERC 22.05   Hearings.

ERC 22.06   Findings of fact, conclusions of law and order.

ERC 22.07   Interlocutory findings of fact, conclusions of law and order.

ERC 22.08   Setting aside, modifying, changing or reversing findings of fact, conclusions of law and order.

ERC 22.09   Review of findings of fact, conclusions of law and order issued by examiner.

ERC 22.10   Petition for rehearing.

Ch. ERC 22 Note Note: Chapter ERB 22 was renumbered chapter ERC 22 under s. 13.93 (2m) (b) 1., Stats., Register, December, 1994, No. 468. Chapter ERC 22 as it existed on June 30, 2006 was repealed and a new chapter ERC 22 was created, Register June 2006 No. 606, effective July 1, 2006.

Ch. ERC 22 Note Note: See s. 111.84, Stats.

ERC 22.01 ERC 22.01 Scope. This chapter governs the general procedure relating to complaints of state sector unfair labor practices as defined in s. 111.84, Stats.

ERC 22.01 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 22.02 ERC 22.02 Complaint. A complaint that the employer, an employee, or a person has engaged in an unfair labor practice defined, respectively, in s. 111.84 (1), (2) or (3), Stats., may be filed by any party or by a representative authorized to file on behalf of a party in interest. Practice and procedure for complaint filing and processing shall otherwise be as set forth in s. ERC 12.02, except that the statutory references in s. ERC 12.02 (1) and (2) (c) shall be to s. 111.84 (1), (2) and (3), Stats.; the references to “prohibited practices” shall be to “unfair labor practices”; and references to the “Municipal Employment Relations Act” shall be to the “State Employment Labor Relations Act.”

ERC 22.02 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.

ERC 22.03 ERC 22.03 Answer to complaint. Each respondent named in the complaint shall file an answer to the complaint with the commission on or before the date designated in the notice of hearing. Practice and procedure for filing and processing an answer shall be as set forth in s. ERC 12.03.

ERC 22.03 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.

ERC 22.04 ERC 22.04 Motions. Practice and procedure for motions concerning unfair labor practice proceedings shall be as set forth in s. ERC 12.04.

ERC 22.04 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.

ERC 22.05 ERC 22.05 Hearings. Practice and procedure for hearings concerning unfair labor practice complaints shall be as set forth in s. ERC 18.08, except that references to the “Municipal Employment Relations Act” shall be to the “State Employment Labor Relations Act.”

ERC 22.05 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.

ERC 22.06 ERC 22.06 Findings of fact, conclusions of law and order. After the close of the evidence and the submission of closing arguments, or on granting a motion for dismissal of a complaint, the commission or examiner shall issue written findings of fact, conclusions of law and order to the parties. Practice and procedure concerning the issuance of findings of fact, conclusions of law and order in unfair labor practice complaint proceedings shall be as set forth in s. ERC 12.06, except that references to the “Municipal Employment Relations Act” shall be to the “State Employment Labor Relations Act.”

ERC 22.06 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.

ERC 22.07 ERC 22.07 Interlocutory findings of fact, conclusions of law and order. Practice and procedure for interlocutory findings of fact, conclusions of law and order in unfair labor practice complaint proceedings shall be as set forth in s. ERC 12.07.

ERC 22.07 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.

ERC 22.08 ERC 22.08 Setting aside, modifying, changing or reversing findings of fact, conclusions of law and order. Practice and procedure for setting aside, modifying, changing or reversing findings of fact, conclusions of law and order in unfair labor practice complaint proceedings shall be as set forth in s. ERC 12.08.

ERC 22.08 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.

ERC 22.09 ERC 22.09 Review of findings of fact, conclusions of law and order issued by examiner. Practice and procedure for commission review of findings of fact, conclusions of law and order issued by an examiner in unfair labor practice complaint proceedings shall be as set forth in s. ERC 12.09.

ERC 22.09 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.

ERC 22.10 ERC 22.10 Petition for rehearing. 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 for filing and processing a petition for rehearing shall be as set forth in s. ERC 18.11.

ERC 22.10 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.