ERC 12.04(2)(a)(a) To intervene. Any person desiring to intervene shall file a motion with the commission or examiner stating the reasons the person is claiming to have an interest in the proceeding. Intervention may be permitted upon the terms the commission or examiner finds appropriate. ERC 12.04(2)(b)(b) To make complaint more definite and certain. A motion to make a complaint more definite and certain shall comply with s. ERC 12.02 (7). ERC 12.04(2)(c)(c) For pre-hearing discovery. Except as noted in subds. 1. and 2., pre-hearing discovery is not available in prohibited practice complaint proceedings. ERC 12.04(2)(c)1.1. In any class 2 proceeding, each party shall have the right, prior to the date set for hearing, to take and preserve evidence as provided in ch. 804, Stats. On motion by a party or by the person from whom discovery is sought in any class 2 proceeding, and for good cause shown, the commission or examiner may make any order in accordance with s. 804.01, Stats., which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. ERC 12.04(2)(c)2.2. In any class 1 or class 3 proceeding, each party shall have the right to take and preserve evidence with respect to a witness who is any of the following: ERC 12.04(2)(c)2.b.b. About to go out of the state, not intending to return in time for the hearing. ERC 12.04(2)(c)2.c.c. So sick, infirm or aged as to make it probable that the witness will not be able to attend the hearing. ERC 12.04(2)(c)2.d.d. A member of the legislature, if any committee of the same or the house of which the witness is a member is in session, provided the witness waives the privilege. ERC 12.04(2)(e)(e) To reschedule hearing. A motion to reschedule hearing shall set forth the reasons for the request, alternate dates for rescheduling, and the positions of all other parties regarding the request. ERC 12.04(2)(f)(f) To dismiss. A motion to dismiss shall state the basis for the requested dismissal. A motion to dismiss shall not be granted before an evidentiary hearing has been conducted except where the pleadings, viewed in the light most favorable to the complainant, permit no interpretation of the facts alleged that would make dismissal inappropriate. ERC 12.04 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606. eff. 7-1-06. ERC 12.06ERC 12.06 Findings of fact, conclusions of law and order. ERC 12.06(1)(1) Issuance. 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. Copies of decisions 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 12.06(2)(2) Contents. The findings of fact and conclusions of law shall be made regarding all material issues of fact and law presented on the record. The order, which shall state the determination as to the rights of the parties, may dismiss or may sustain the complaint in whole or in part or require the respondent to cease and desist from the prohibited practices found and take affirmative action that shall effectuate the policies of the Municipal Employment Relations Act. ERC 12.06 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606. eff. 7-1-06. ERC 12.07ERC 12.07 Interlocutory findings of fact, conclusions of law and order. The commission may, after the close of the hearing and pending the final determination by it of any controversy, make and issue interlocutory findings of fact, conclusions of law and order when doing so shall effectuate the policies of the Municipal Employment Relations Act, which may be enforced in the same manner as final orders. ERC 12.07 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606. eff. 7-1-06. ERC 12.08ERC 12.08 Setting aside, modifying, changing or reversing findings of fact, conclusions of law and order. Within 20 days from the date findings of fact, conclusions of law and order are issued, they may be set aside, modified, changed or reversed by the commission or examiner if any mistake is discovered in the decision or on grounds of newly discovered evidence, provided that no petition for review of an examiner’s findings, conclusions and order has been filed with the commission. If within that 20 day period no order is issued setting aside, modifying, changing or reversing the findings of fact, conclusions of law and order and no petition for review of an examiner’s findings, conclusions and order has been filed, then the examiner’s findings, conclusions and order shall become the commission’s by operation of law under s. 111.07 (5), Stats. ERC 12.08 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606. eff. 7-1-06. ERC 12.09ERC 12.09 Review of findings of fact, conclusions of law and order issued by examiner. ERC 12.09(1)(1) Right to file petition, time to file petition. Within 20 days from the date a copy of the findings of fact, conclusions of law and order of an examiner was mailed to the last known address of the parties, any party dissatisfied with the findings of fact, conclusions of law and order may file a written petition with the commission as set forth in s. ERC 10.06 (1), and shall, at the same time, serve copies of the petition on the other parties as set forth in s. ERC 10.07, to review the findings of fact, conclusions of law and order. If the commission is satisfied that a party has been prejudiced because of exceptional delay in the receipt of a copy of any findings of fact, conclusions of law and order, it may extend the time another 20 days for filing the petition for review. ERC 12.09(2)(2) Disposition. If a petition for commission review is timely filed, the commission shall promptly establish a schedule for the submission of written arguments by the parties beginning with the party that filed the petition for commission review. The commission shall then review the record and issue to the parties its own findings of fact, conclusions of law and order in the matter. Copies of decisions 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 12.09 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606. eff. 7-1-06. ERC 12.10ERC 12.10 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 regarding the filing and processing of a petition for rehearing in a prohibited practice complaint case shall be as set forth in s. ERC 18.11.
/exec_review/admin_code/erc/010/12
true
administrativecode
/exec_review/admin_code/erc/010/12/10/_1
Employment Relations Commission (ERC)
Chs. ERC 10-19; Municipal Employment Relations Act
section
true
