Chapter ERC 26

ERC 26.02(4)(e) (e) The date of execution, the effective date, and the expiration date of the collective bargaining agreement, if any, containing a fair-share or maintenance of membership agreement affecting the bargaining unit involved.

ERC 26.02(4)(f) (f) A statement to the effect that at least 30% of the personnel in the collective bargaining unit involved support the authorization or discontinuation of a fair-share or maintenance of membership agreement requested in the petition.

ERC 26.02(4)(g) (g) The name and address of the petitioner, and the name, address and phone number of the petitioner’s principal representative. Fax numbers and e-mail addresses shall be included, if available.

ERC 26.02 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 26.03 ERC 26.03 Showing of interest in support of petition. The petition shall be supported by a showing of interest in writing, containing the printed names and signatures of at least 30% of the personnel in the bargaining unit involved, the dates on which the signatures were executed, and a statement that the personnel signing support the authorization or discontinuation of a fair-share or maintenance of membership agreement requested in the petition.

ERC 26.03 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 26.04 ERC 26.04 Withdrawal of petition. Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission. A motion to withdraw shall be granted unless withdrawal would result in an injustice to any party.

ERC 26.04 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 26.05 ERC 26.05 Commission pre-hearing action on petition. Practice and procedure for commission pre-hearing action in referendum proceedings shall be as set forth in s. ERC 15.07.

ERC 26.05 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 26.06 ERC 26.06 Motions. Practice and procedure regarding motions in referendum proceedings shall be as set forth in s. ERC 18.06.

ERC 26.06 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 26.07 ERC 26.07 Hearings. Practice and procedure regarding hearings in referendum proceedings shall be as set forth in s. ERC 15.09, except that the statutory reference in s. ERC 15.09 shall be to s. 111.85, Stats.

ERC 26.07 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 26.08 ERC 26.08 Direction of referendum or other dispositional order. Practice and procedure regarding a commission direction of election or other dispositional order in referendum proceedings shall be as set forth in s. ERC 15.10.

ERC 26.08 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 26.09 ERC 26.09 Referendum. Practice and procedure regarding conduct of a referendum shall be as set forth in s. ERC 15.11.

ERC 26.09 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 26.10 ERC 26.10 Certification of results of referendum.

ERC 26.10(1) (1) When issued. If challenged ballots are insufficient in number to affect the results and no timely objections are filed under s. ERC 26.11, the commission shall issue to the parties a certification of the results of the referendum.

ERC 26.10(2) (2) Effect of certification.

ERC 26.10(2)(a) (a) Favoring neither fair-share nor maintenance of membership. Where the certification of the results of a referendum indicates that the required number of personnel has not authorized the implementation of, or the continuation of, either a fair-share or maintenance of membership agreement, no fair-share or maintenance of membership agreement shall be implemented and any existing fair-share or maintenance of membership agreement shall be terminated at the termination of the collective bargaining agreement, or 1 year from the date of the certification of result of the referendum, whichever is earlier.

ERC 26.10(2)(b) (b) Favoring maintenance of membership but not fair-share. Where the certification of the results of a referendum indicates that the required number of personnel has authorized the implementation of, or the continuation of, the maintenance of membership agreement but has not authorized the implementation of, or the continuation of a fair-share agreement, no fair-share agreement shall be implemented. The maintenance of membership agreement in effect, if any, shall be continued in effect, or the maintenance of membership agreement shall take effect 60 days after the date of the certification or on an earlier date agreed upon between the employer and the exclusive representative involved.

ERC 26.10(2)(c) (c) Favoring fair-share. Where the certification of the results of a referendum indicates that the required number of personnel has authorized the implementation of, or the continuation of a fair-share agreement, the fair-share agreement in effect, if any, shall be continued in effect, or the fair-share agreement shall take effect 60 days after the date of the certification or on an earlier date agreed upon between the employer and the exclusive representative involved.

ERC 26.10 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 26.11 ERC 26.11 Objections to referendum. Practice and procedure for filing objections to the conduct of a referendum shall be as set forth in s. ERC 15.13.

ERC 26.11 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 26.12 ERC 26.12 Commission action on challenges or objections. Practice and procedure for commission action on challenges or objections in referendum proceedings shall be as set forth in s. ERC 15.14.

ERC 26.12 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 26.13 ERC 26.13 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 for filing and processing of a petition for rehearing in a referendum proceeding shall be as set forth in s. ERC 18.11.

ERC 26.13 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.