ERC 31.07(1)(1) Contents generally. Final offers shall contain proposals relating only to wages, hours and conditions of employment or other matters subject to arbitration under s. 111.70 (4) (jm) 4., Stats., except either final offer may contain proposals relating to permissive subjects of bargaining if there is no timely objection under s. ERC 31.08 or 31.09 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. 111.70 (4) (jm), Stats., impasse resolution process, including any exchanges of final offers which may follow declaratory ruling proceedings under s. ERC 31.09. ERC 31.07(2)(2) Modification of final offers following close of investigation. Following the close of the investigation, a party may modify its proposal on any of the subjects in dispute when the investigation was closed without the consent of the other party, unless and until the arbitrator appointed under s. ERC 31.11 declares otherwise. However, following the close of the investigation, a party shall not submit to the arbitrator a proposal on a subject not in dispute when the investigation was closed without the written consent of the other party. ERC 31.07 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 31.08ERC 31.08 Procedures for raising objection that a proposal is a non-mandatory subject of bargaining. In proceedings under this chapter, practice and procedure for raising an objection that a proposal is a non-mandatory subject shall be as set forth in s. ERC 30.10. ERC 31.09ERC 31.09 Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining. In proceedings under this chapter, practice and procedure regarding a petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining shall be as set forth in s. ERC 30.11. ERC 31.10ERC 31.10 Certification of results of investigation or hearing, or certification based on stipulation. ERC 31.10(1)(1) When issued. After consideration of its own investigation or the report of the investigator, or the record adduced in the formal hearing, or a stipulation of the parties to waive the investigation, the commission shall issue a certification determining whether the parties have reached an impasse on matters relating to wages, hours and conditions of employment or other matters subject to arbitration under s. 111.70 (4) (jm) 4., Stats. ERC 31.10(2)(2) Contents. The certification shall contain findings of fact and conclusions of law material in the matter, as well as an order either initiating arbitration or dismissing the petition or stipulation, consistent with the purposes and policies of s. 111.70 (4) (jm), Stats. If the certification requires arbitration, it shall authorize arbitration with regard to each of the subjects contained in the final offers of the parties at the time the investigation was closed. ERC 31.10(3)(3) Submission of panel. If the certification requires arbitration, the parties shall also be directed to select an arbitrator within 30 days after the issuance of the certification, or within a different time period agreed upon between the parties, from a panel of 7 arbitrators designated by the commission. The panel shall not include individuals who are residents of the city involved in the case. Selection of arbitrators for inclusion on the panel shall otherwise 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 31.10(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 31.10(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 31.10 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 31.11ERC 31.11 Order appointing arbitrator. ERC 31.11(1)(1) Notification of selection. The parties, or either of them, shall promptly notify the commission in writing, as set forth in s. ERC 10.06 (1), of the identity of the arbitrator selected by them. ERC 31.11(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 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 31.11(3)(3) Copies of final offers. The 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 31.11 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 31.12ERC 31.12 Proceedings before the arbitrator. ERC 31.12(1)(1) Generally. The arbitration proceedings shall be governed by ch. 788, Stats., except as specifically provided in s. 111.70 (4) (jm), Stats. 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 31.12(2)(2) Nature and scope of the arbitration hearing. Following the receipt of the appointment order, the arbitrator shall, after conferring with the parties, serve, as set forth in s. ERC 10.07, each of the parties with a notice of hearing, establishing the date, time and place for the arbitration hearing. The hearing shall be public and for the purpose of gathering information on the basis of which the arbitrator shall issue an award on the issue or issues in dispute. The arbitrator shall consider the factors set forth in s. 111.70 (4) (jm) 3., 5. and 6., Stats., and the parties shall be prepared to present evidence and argument relating to the factors involved. ERC 31.12(3)(3) Mediation. 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 31.12(4)(4) Issuance of award and report of arbitrator’s fees and expenses. The arbitrator shall issue the arbitration award in writing after the receipt of final arguments or briefs. 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 31.12 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 31.13ERC 31.13 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. ERC 31.13 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 31.14ERC 31.14 Enforcement or modification of award. Standards and procedures for enforcement or modification of awards issued under s. 111.70 (4) (jm), Stats., shall be as provided in s. 111.70 (4) (jm) 11., Stats. ERC 31.14 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.
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Chs. ERC 30-39; Municipal Sector Interest Dispute Resolution Processes
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