Chapter ERC 30

ERC 30.09(1) (1) Contents generally. Final offers shall contain proposals relating only to mandatory subjects of bargaining, except either final offer may contain proposals relating to permissive subjects of bargaining if there is no timely objection under s. ERC 30.10 or 30.11 by the other party to the inclusion of the proposals in a final offer. Absent a timely objection, the proposals shall be treated as mandatory subjects of bargaining for the duration of the s. 111.77, Stats., impasse resolution process, including any exchanges of final offers which may follow declaratory ruling proceedings under s. ERC 30.11.

ERC 30.09(2) (2) Modification of final offers following close of investigation. Following the close of the investigation, a party may modify its final offer only with the consent of the other party. Any modification shall be in writing, supported by a written statement signed by the representative of the other party.

ERC 30.09 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.10 ERC 30.10 Procedure for raising objection that a proposal is a non-mandatory subject of bargaining.

ERC 30.10(1) (1) Time for raising objection. Any objection that a proposal is a non-mandatory subject of bargaining may be raised at any time after the commencement of negotiations, but prior to the close of the informal investigation or formal hearing.

ERC 30.10(1)(a) (a) During negotiations, mediation or investigation. Should either party assert, during negotiations or during commission mediation or investigation, that a proposal by the other party is a non-mandatory subject of bargaining, either party may commence a declaratory ruling proceeding before the commission under s. 111.70 (4) (b), Stats., and s. ERC 30.11

ERC 30.10(1)(b) (b) After call for final offers. Should either party assert, after the commission or investigator calls for the parties to exchange proposed final offers and before the close of the informal investigation or formal hearing, that a proposal by the other party is a non-mandatory subject of bargaining, the commission or investigator shall not close the investigation or hearing, but shall direct in writing the objecting party to reduce the objection to writing by commencing, within a reasonable time determined by the commission or investigator, a declaratory ruling proceeding before the commission under s. 111.70 (4) (b), Stats., and s. ERC 30.11.

ERC 30.10(2) (2) Effect of bargaining on permissive subjects. Bargaining with regard to permissive subjects of bargaining during negotiations and prior to the close of the investigation does not constitute a waiver of the right to raise an objection as set forth in this section.

ERC 30.10 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.11 ERC 30.11 Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining.

ERC 30.11(1) (1) Who may file. Either party may file a petition, or both of the parties may file a stipulation, to initiate a declaratory ruling proceeding before the commission.

ERC 30.11(2) (2) Where to file. A petition or stipulation shall be filed with the commission, and if a petition is filed a copy shall be served on the other party at the same time.

ERC 30.11(3) (3) When to file. A petition or stipulation may be filed with the commission during negotiations, mediation or investigation, as provided in s. ERC 18.02 or 18.05. If a petition or stipulation is filed after the investigator calls for final offers, the petition or stipulation for declaratory ruling shall be filed within the time determined by the commission or investigator under s. ERC 30.10 (1) (b). Failure to file a petition or stipulation for declaratory ruling within the time period determined by the commission or investigator shall constitute a waiver of the objection, and the proposal involved shall be treated as a mandatory subject of bargaining.

ERC 30.11(4) (4) Procedure following issuance of declaratory ruling. Following the issuance and service of the declaratory ruling as provided for in ss. ERC 18.09 and 10.07, the commission or its investigator shall conduct further investigation or hearing for the purpose of obtaining the final offer of each party before closing the investigation. Neither final offer may include any proposal which the commission has found to be a non-mandatory subject of bargaining unless consented to in writing by the other party. If the commission’s decision is appealed, the parties may agree to the conditional inclusion of the proposals in their final offers.

ERC 30.11 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.12 ERC 30.12 Certification of results of investigation or hearing, or certification based on stipulation.

ERC 30.12(1) (1) When issued. After consideration of either the report of the informal investigation, or the record adduced in the formal hearing, or the parties’ stipulation to waive the investigation, the commission shall issue a certification of the result of the investigation or hearing, or on the basis of the stipulation, with respect to a determination as to whether compulsory final and binding arbitration should be initiated, and serve copies on the parties as set forth in s. ERC 10.07.

ERC 30.12(2) (2) Contents. The certification shall contain findings of fact and conclusions of law material in the matter, and an order either initiating compulsory final and binding arbitration and designating the form of arbitration, or dismissing the petition or stipulation, consistent with the purposes and policy of s. 111.77, Stats. The commission shall designate Form 2 final offer package arbitration as defined in s. 111.77 (4) (b), Stats., as the form of arbitration unless the parties have previously agreed either to non-final offer non-package Form 1 arbitration as defined in s. 111.77 (4) (a), Stats., or to their own procedures for resolving the impasse.

ERC 30.12(3) (3) Submission of panel. If the certification requires arbitration and the parties have not previously agreed to their own procedures for resolving the impasse, the parties shall be directed to select an arbitrator within 10 days after the issuance of the certification, or within a different time period agreed upon between the parties, from a panel of 5 arbitrators designated by the commission. Selection of arbitrators for inclusion on the panel 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. In the absence of an agreement to another method of selection, the parties shall select the arbitrator by alternately striking names from the panel until a single name remains, who shall be the arbitrator. The order of proceeding in the selection process shall be determined by lot.

ERC 30.12(4) (4) Service of certification and panel. Copies of the certification and the names of the panel members shall be served on the parties as set forth in s. ERC 10.07.

ERC 30.12(5) (5) 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.

ERC 30.12 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.13 ERC 30.13 Order appointing arbitrator.

ERC 30.13(1) (1) Notification of selection. The parties, or either of them, shall notify the commission in writing, as set forth in s. ERC 10.06 (1), of the identity of the arbitrator selected by them immediately after the selection is made. In this chapter, “arbitrator” refers to a single arbitrator, a board of multiple neutral arbitrators, a tripartite arbitration panel or the impartial chairperson of an arbitration board or panel.

ERC 30.13(2) (2) Order. Upon receipt of the notification of the identity of the arbitrator selected, the commission shall serve the parties with copies of its order appointing the arbitrator, as set forth in s. ERC 10.07. The order appointing the arbitrator shall specify the form of arbitration as designated in the order described in s. ERC 30.12 (2). The commission shall, at the same time, submit a copy of the appointment order to the selected arbitrator, as well as copies of the final offers of the parties.

ERC 30.13(3) (3) Copies of final offers. The single final offers submitted to the appointed arbitrator shall be considered public documents and copies may be obtained from the commission, by any person upon written request, following the issuance of the order appointing the arbitrator, at the cost of reproduction and postage.

ERC 30.13 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.14 ERC 30.14 Arbitration hearing.

ERC 30.14(1) (1) Notice of hearing. Following the receipt of notification of appointment, the chairperson of the board of arbitration, or the single arbitrator shall serve, as set forth in s. ERC 10.07, each of the parties and the other members of the board of arbitration, if any, with a notice of hearing, establishing the date, time and place for the arbitration hearing.

ERC 30.14(2) (2) Amendment or withdrawal. The notice of hearing may be amended or withdrawn at any time before the close of the arbitration hearing.

ERC 30.14(3) (3) Scope of hearing. The hearing shall be public and for the purpose of gathering information on the basis of which the arbitrator or board of arbitration shall issue a compulsory final and binding arbitration award on the issue or issues in dispute. The arbitrator or board of arbitration shall give weight to the factors set forth in s. 111.77 (6), Stats., and the parties shall be prepared to present evidence and argument relating to the factors involved. Except as otherwise required by commission rules, proceedings before the arbitrator 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, as amended, is available in electronic form on the commission website and in paper form on request from the commission.

ERC 30.14 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.15 ERC 30.15 Proceedings before the arbitrator. The arbitration proceedings shall be governed by ch. 788, Stats., except as specifically provided in s. 111.77, Stats. Nothing in this chapter is intended to preclude the arbitrator from using best efforts to encourage the parties to resolve the dispute by voluntary agreement. Any mediation by the arbitrator shall not be open to the public unless mutually agreed by the parties or their representatives. At the joint request of the parties, the arbitrator may issue a consent award ordering implementation of the terms of a written voluntary agreement between the parties resolving part or all of the dispute involved.

ERC 30.15 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.16 ERC 30.16 Issuance of award. The arbitrator shall issue the arbitration award in writing as expeditiously as possible following the receipt of final arguments or briefs. If the award is issued by a board of arbitration each arbitrator shall sign the award, either affirming or dissenting. After the award is signed, a copy of the award and a statement of the arbitrator’s fees and expenses shall be submitted immediately to the commission as set forth in s. ERC 10.06 (1) and to the parties as set forth in s. ERC 10.07. When received by the commission, interest awards shall be made available to the public. Copies may be purchased by the public from the commission’s Madison office, and may also be available on the commission website or in other commission publications.

ERC 30.16 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.17 ERC 30.17 Costs. The fees and expenses of the arbitrator including the rental of hearing rooms, the conduct of the hearing, and the preparation of the award, shall be shared equally by the parties. 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. 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 arbitrator. The fees and expenses of arbitrators, if any, selected by one of the parties to serve on a tripartite panel shall be paid by the party making the selection.

ERC 30.17 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 30.18 ERC 30.18 Enforcement or modification of award. Standards and procedures for enforcement or modification of awards issued under s. 111.77, Stats., shall be as provided in ch. 788, Stats.

ERC 30.18 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.