Chapter ERC 15

Chapter ERC 15

REFERENDA CONCERNING MUNICIPAL SECTOR FAIR-SHARE AGREEMENTS

ERC 15.01   Scope.

ERC 15.02   Stipulation for referendum seeking authorization to implement fair-share agreement.

ERC 15.03   Stipulation for referendum to determine the continuation of a fair-share.

ERC 15.04   Petition for referendum.

ERC 15.05   Showing of interest in support of petition.

ERC 15.06   Withdrawal of petition.

ERC 15.07   Commission pre-hearing action on petition.

ERC 15.08   Motions.

ERC 15.09   Hearings.

ERC 15.10   Direction of referendum or other dispositional order.

ERC 15.11   Referendum.

ERC 15.12   Certification of results of referendum.

ERC 15.13   Objections to referendum.

ERC 15.14   Commission action on challenges or objections.

ERC 15.15   Petition for rehearing.

Ch. ERC 15 Note Note: Chapter ERB 15 was renumbered chapter ERC 15 under s. 13.93 (2m) (b) 1., Stats., Register, December, 1994, No. 468; Chapter ERC 15 as it existed on June 30, 2006, was repealed and a new chapter ERC 15 was created, Register June 2006 No. 606, effective July 1, 2006.

ERC 15.01 ERC 15.01 Scope. 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.

ERC 15.01 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 15.02 ERC 15.02 Stipulation for referendum seeking authorization to implement fair-share agreement.

ERC 15.02(1) (1) Who may file. A stipulation for a referendum to determine whether the employees in an appropriate bargaining unit favor the implementation of a fair-share agreement may be filed by the municipal employer and the exclusive representative of the employees in the bargaining unit involved or anyone authorized to act on their behalf.

ERC 15.02(2) (2) Time for filing. A stipulation for an initial referendum seeking authorization to implement a fair-share agreement shall be filed prior to the proposed implementation of the fair-share agreement involved.

ERC 15.02(3) (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.

ERC 15.02(4) (4) Contents. The stipulation shall include all of the following:

ERC 15.02(4)(a) (a) The names and addresses of the parties on whose behalf the referendum is being stipulated, and the names, addresses and phone numbers of the parties’ principal representatives. Fax numbers and e-mail addresses shall be included, if available.

ERC 15.02(4)(b) (b) A request that the commission conduct a referendum to determine whether the of employees in the collective bargaining unit involved favors the implementation of the fair-share agreement.

ERC 15.02(4)(c) (c) A description of the collective bargaining unit involved, and the approximate number of employees in the unit.

ERC 15.02(4)(d) (d) A description of the proposed fair-share agreement involved, including a statement of the agreed-upon standard for determining whether the required number of employees favors implementation of the fair-share agreement.

ERC 15.02(4)(e) (e) A statement by the municipal employer that it agrees that, if the required number of employees votes in favor of implementing the fair-share agreement, then the municipal employer shall incorporate the fair-share agreement in the collective bargaining agreement covering the employees in the bargaining unit involved.

ERC 15.02(4)(f) (f) A statement by the exclusive representative that it agrees that, if the required number of employees does not vote in favor of the implementation of the fair-share agreement, the exclusive representative shall withdraw its request in negotiations that a fair-share agreement be implemented covering the employees in the bargaining unit involved.

ERC 15.02(4)(g) (g) A complete list of employees agreed upon by the parties as being included in the collective bargaining unit and eligible to vote.

ERC 15.02(4)(h) (h) Suggested days of the week, time and place for the conduct of the referendum.

ERC 15.02(5) (5) Procedure for resolving referendum-related disputes. Questions arising in connection with the conduct of or the results of the referendum shall be processed in accordance with the procedures following a referendum directed as a result of a hearing under s. ERC 15.09.

ERC 15.02 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 15.03 ERC 15.03 Stipulation for referendum to determine the continuation of a fair-share.

ERC 15.03(1) (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.

ERC 15.03(2) (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.

ERC 15.03(3) (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.

ERC 15.03(4) (4) Contents. The stipulation shall include all of the following:

ERC 15.03(4)(a) (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.

ERC 15.03(4)(b) (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.

ERC 15.03(4)(c) (c) A description of the collective bargaining unit involved, and the approximate number of employees in the unit.

ERC 15.03(4)(d) (d) A description of the fair-share agreement involved.

ERC 15.03(4)(e) (e) The date on which the most recent referendum, if any, was conducted, and the results of that referendum.

ERC 15.03(4)(f) (f) A complete list of employees agreed upon by the parties as being included in the collective bargaining unit and eligible to vote.

ERC 15.03(4)(g) (g) Suggested days of the week, time and place for the conduct of the referendum.

ERC 15.03(5) (5) Procedure for resolving referendum-related disputes. Questions arising in connection with the conduct of or the results of the referendum shall be processed under the procedures following a referendum directed as a result of a hearing under s. ERC 15.09.

ERC 15.03 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 15.04 ERC 15.04 Petition for referendum.

ERC 15.04(1) (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.

ERC 15.04(2) (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.

ERC 15.04(3) (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.

ERC 15.04(4) (4) Contents. The petition shall include all of the following:

ERC 15.04(4)(a) (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.

ERC 15.04(4)(b) (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.

ERC 15.04(4)(c) (c) A description of the collective bargaining unit involved, and the approximate number of employees in the unit.