Chapter ERC 14

ERC 14.06(4) (4) Service on the parties. A copy of the commission’s order appointing the fact finder shall be served, as set forth in s. ERC 10.07, on the parties and on the appointed fact finder.

ERC 14.06(5) (5) Fact finder impartiality. The commission shall designate only competent, impartial and disinterested persons to act as fact finders or to be included in a panel of fact finders.

ERC 14.06 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 14.07 ERC 14.07 Hearing before the fact finder.

ERC 14.07(1) (1) Notice of hearing. Following the receipt of notification of an appointment and communications with the parties, the fact finder shall issue and serve on both parties, as set forth in s. ERC 10.07, a notice of hearing specifying the date, time and place at which the fact-finding hearing shall be conducted.

ERC 14.07(2) (2) Scope and nature of hearing. The hearing shall be public and for the purpose of gathering information which shall assist the fact finder in reaching recommendations for the resolution of the dispute. Except as otherwise required by commission rules, proceedings before the fact finder 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 is available in electronic form on the commission website and in paper form on request from the commission.

ERC 14.07(3) (3) Hearing procedure. Hearings shall be within the control of the fact finder and shall be conducted as expeditiously as the nature of the dispute shall allow. In conducting the hearing the fact finder has the power to take the following actions:

ERC 14.07(3)(a) (a) Administer oaths and affirmations.

ERC 14.07(3)(b) (b) Issue subpoenas in the name of the commission.

ERC 14.07 Note Note: Fact finders may obtain appropriate subpoena forms from the commission’s Madison office.

ERC 14.07(3)(c) (c) Rule on offers of proof and receive relevant evidence.

ERC 14.07(3)(d) (d) Regulate the course of the fact-finding hearing.

ERC 14.07(3)(e) (e) Dispose of procedural requests and similar matters.

ERC 14.07(4) (4) Waiver of hearing and brief. With the consent of the fact finder, the parties may agree to waive the convening of a formal hearing or the filing of briefs, or both.

ERC 14.07(5) (5) Mediation by the fact finder. Nothing in this chapter precludes the fact finder from attempting through mediation to assist the parties in reaching a voluntary settlement of the matters in dispute. Any mediation by the fact finder shall not be open to the public unless mutually agreed by the parties or their representatives.

ERC 14.07 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 14.08 ERC 14.08 Fact-finding recommendations.

ERC 14.08(1) (1) Issuance. After the close of the hearing, the fact finder shall prepare and issue fact-finding recommendations.

ERC 14.08(2) (2) Contents. The fact-finding recommendations shall contain all of the following:

ERC 14.08(2)(a) (a) A statement of findings of fact and conclusions on all material issues presented on the record.

ERC 14.08(2)(b) (b) Recommendations for the solution of the dispute.

ERC 14.08(2)(c) (c) A memorandum stating the reasons for the fact finder’s findings, conclusions and recommended solutions.

ERC 14.08(3) (3) Service. Upon the completion of the recommendations the fact finder shall serve a copy of the recommendations on each of the parties as set forth in s. ERC 10.07 and on the commission as set forth in s. ERC 10.06 (1).

ERC 14.08(4) (4) Public document when issued. When issued, fact finder recommendations may be made available to the public. Copies may be purchased from the commission’s Madison office, and the recommendations may also be available through the commission website and in other commission publications.

ERC 14.08 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 14.09 ERC 14.09 Compensation of fact finder and other costs. The fees and expenses of the fact finder including the rental of hearing rooms, the conduct of the fact-finding hearing, and the preparation of the recommendations, shall be shared equally by the parties. The fees and expenses charged by the fact finder shall not exceed those described in the fact finder’s biographical information and fee statement on file with the commission at the time the fact finder’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 fact finder.

ERC 14.09 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 14.10 ERC 14.10 Fact finder’s report of fees and expenses. After issuing recommendations or otherwise concluding service to the parties as a fact finder, the fact finder shall transmit to the commission, as set forth in s. ERC 10.06 (1), a report of the fees and expenses, if any, for which the fact finder charged the parties.

ERC 14.10 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 14.11 ERC 14.11 Notification of acceptance or rejection of recommendations of the fact finder.

ERC 14.11(1) (1) Who shall notify; who shall be notified. Each party involved in fact-finding shall notify, in writing, the other parties and the commission of its acceptance or rejection, in whole or in part, of the fact finder’s recommendations.

ERC 14.11(2) (2) Service. The notification shall be served within 30 days of the receipt of the fact finder’s recommendations or within a different time period mutually agreed upon by the parties. The notification shall be served on each party as set forth in s. ERC 10.07. The notification shall be filed with the commission as set forth in s. ERC 10.06 (1).

ERC 14.11(3) (3) Contents. The notification shall contain the following:

ERC 14.11(3)(a) (a) The identity of the proceeding.

ERC 14.11(3)(b) (b) The identity of the fact finder.

ERC 14.11(3)(c) (c) The date upon which the recommendations were issued.

ERC 14.11(3)(d) (d) A clear and concise statement as to the acceptance or rejection, in whole or in part, of each recommendation of the fact finder.

ERC 14.11 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.