Chapter ERC 32

Chapter ERC 32

COLLECTIVE BARGAINING AND INTEREST ARBITRATION IN MUNICIPAL SECTOR DISPUTES NOT INVOLVING LAW ENFORCEMENT OR FIRE FIGHTING EMPLOYEES

ERC 32.01   Scope.

ERC 32.02   Policy.

ERC 32.03   Notice of commencement of negotiations.

ERC 32.04   Voluntary impasse resolution procedure.

ERC 32.05   Petition to initiate arbitration.

ERC 32.06   Stipulation to initiate arbitration.

ERC 32.07   Withdrawal of petition or stipulation; effect on filing fee.

ERC 32.08   Pre-investigation procedure.

ERC 32.09   Informal investigation or formal hearing.

ERC 32.10   Final offers.

ERC 32.11   Procedure for raising objection that a proposal is a non-mandatory subject of bargaining.

ERC 32.12   Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining.

ERC 32.13   Certification of results of investigation or hearing, or certification based on stipulation.

ERC 32.14   Order appointing arbitrator.

ERC 32.15   Proceedings before the arbitrator.

ERC 32.16   Enforcement of the award.

ERC 32.17   Modification of award.

ERC 32.18   Procedure following court injunction of a strike posing an imminent threat to public health or safety.

ERC 32.19   Information.

Ch. ERC 32 Note Note: Chapter ERB 32 was created as an emergency rule effective May 14, 1986. Chapter ERB 32 was renumbered chapter ERC 32 under s. 13.93 (2m) (b) 1., Stats., Register, December, 1994, No. 468. Chapter ERC 32 as it existed on June 30, 2006, was repealed and a new chapter ERC 32 was created, Register June 2006 No. 606, effective July 1, 2006.

ERC 32.01 ERC 32.01 Scope. This chapter governs the procedure relating to collective bargaining and interest arbitration under s. 111.70 (4) (cm), Stats., affecting bargaining units of municipal employees other than law enforcement and fire fighting personnel.

ERC 32.01 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 32.02 ERC 32.02 Policy. The policy of the state is to encourage voluntary settlement of labor disputes in municipal employment through the procedures of collective bargaining. If the procedures fail, the parties should have available to them a fair, speedy, effective and above all, peaceful procedure for settlement including, where a deadlock exists after negotiations and after mediation by the commission, a procedure for the resolution of the dispute by interest arbitration. Parties subject to s. 111.70 (4) (cm), Stats., shall, upon request, provide the commission with information the commission considers necessary to meet its statutory responsibilities to report on the operation of the interest arbitration law under s. 111.70 (4) (cm), Stats., and on its effect on collective bargaining in the state.

ERC 32.02 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 32.03 ERC 32.03 Notice of commencement of negotiations.

ERC 32.03(1) (1) Who shall file. Whenever a municipal employer or the exclusive collective bargaining representative of a bargaining unit of municipal employees requests to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no agreement exists, the party requesting negotiations shall immediately notify the commission in writing of the request and a copy shall be served on the other party as set forth in s. ERC 10.07. If the requesting party fails to file the notice, the other party may do so.

ERC 32.03(2) (2) Form; number of copies; filing; service. The notice shall be in writing on a form provided by the commission, or a facsimile of the commission’s form. The notice is not filed until it has been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The notice shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the notice is filed in paper form, a total of 1 copy of the notice shall be included. The party filing the notice shall, at the same time, serve a copy on the other party as set forth in s. ERC 10.07.

ERC 32.03(3) (3) Contents. The notice shall contain all of the following information:

ERC 32.03(3)(a) (a) The date on which the party filing the notice notified the other party of its intent to either reopen negotiations under an existing collective bargaining agreement or to commence negotiations where no agreement exists.

ERC 32.03(3)(b) (b) The name and address of the municipal employer, as well as the name, title, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

ERC 32.03(3)(c) (c) The name and address of the exclusive collective bargaining representative involved, as well as the name, title, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

ERC 32.03(3)(d) (d) A general description of the collective bargaining unit involved and the approximate number of employees included in the unit.

ERC 32.03(3)(e) (e) The effective date and termination date of the existing collective bargaining agreement, if any, and the date specified in the agreement on which notice to open negotiations shall be served on the other party.

ERC 32.03(3)(f) (f) A statement indicating whether the parties have agreed to a voluntary impasse resolution procedure.

ERC 32.03(3)(g) (g) The identity, title and signature, or signature facsimile, of the person filing the notice, and the date on which the notice was transmitted to the commission.

ERC 32.03 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 32.04 ERC 32.04 Voluntary impasse resolution procedure.

ERC 32.04(1) (1) Who shall file; number of copies; filing; service. Whenever a municipal employer and the recognized or certified exclusive representative of a bargaining unit of the municipal employer’s employees agree in writing to a dispute settlement procedure for the resolution of an impasse in their negotiations leading to a collective bargaining agreement, as provided in s. 111.70 (4) (cm) 5., Stats., a copy shall be filed by the parties with the commission. The procedure shall be in writing in a form of the parties’ choosing. The procedure is not filed until it has been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The procedure shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the procedure is filed in paper form, a total of 1 copy shall be included. The party filing the procedure shall, at the same time, serve a copy of the procedure on the other party as set forth in s. ERC 10.07.

ERC 32.04(2) (2) Time for filing. If the procedure was entered into prior to the filing of the notice of commencement of negotiations required to be filed in s. ERC 32.03, the procedure shall be filed at the time the notice of commencement of negotiations is filed with the commission. If the agreement was entered into after the filing of the notice of commencement of negotiations, it shall be filed promptly after signing.

ERC 32.04(3) (3) Scope. The provisions of s. 111.70 (4) (cm) 8m., Stats., shall not be superseded by a voluntary impasse resolution procedure. In addition, if the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under s. 111.70 (4) (cm) 7., 7g. and 7r., Stats.

ERC 32.04 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 32.05 ERC 32.05 Petition to initiate arbitration.

ERC 32.05(1) (1) Who may file. A petition to initiate arbitration may be filed by a municipal employer, a recognized or certified collective bargaining representative of municipal employees in a bargaining unit described in s. ERC 32.01, or by anyone authorized to act on their behalf.

ERC 32.05(2) (2) Form; number of copies; filing; service. The petition shall be in writing on a form provided by the commission, or a facsimile of the commission’s form. The petition is not filed until it and the filing fee established by s. ERC 10.08 (5) have been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). If the parties have previously paid a mediation filing fee for the same dispute under s. ERC 10.08 (3), no fee shall be paid for the arbitration. 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 and of all required enclosures shall be included. The fee may be transmitted to the commission by physical delivery or mail. The party filing the petition shall, at the same time, serve a copy of the request on the other party as set forth in s. ERC 10.07.

ERC 32.05(3) (3) Contents. The petition shall include all of the following:

ERC 32.05(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 32.05(3)(b) (b) The name and address of the exclusive collective bargaining representative involved, as well as the name, title, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

ERC 32.05(3)(c) (c) A general description of the collective bargaining unit involved and the approximate number of employees included in the unit.

ERC 32.05(3)(d) (d) A statement that the parties are deadlocked after a reasonable period of negotiation and after mediation by the commission, if any, and other settlement procedures, if any, established by the parties have been exhausted, with respect to a dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement.

ERC 32.05(3)(e) (e) The date when notice was served to open negotiations and the identity of the party serving same.

ERC 32.05(3)(f) (f) The date or dates when proposals were exchanged in open meeting.

ERC 32.05(3)(g) (g) The number of negotiation meetings prior to mediation, if any, by the commission.

ERC 32.05(3)(h) (h) The dates on which mediation, if any, was conducted and the identity of the commission mediator.

ERC 32.05(3)(i) (i) The termination date of the existing collective bargaining agreement, if any.

ERC 32.05(3)(j) (j) The identity of the party filing the petition; the name, title and signature, or signature facsimile, of the individual signing the petition; and date when the petition was transmitted to the commission.