Register June 2010 No. 654
Chapter ERC 30
MUNICIPAL INTEREST ARBITRATION INVOLVING FIRE FIGHTING AND LAW ENFORCEMENT PERSONNEL UNDER S. 111.77, STATS.
ERC 30.03 Petition to initiate final and binding arbitration. ERC 30.04 Withdrawal of petition; effect on filing fee. ERC 30.05 Stipulation to initiate final and binding arbitration. ERC 30.06 Withdrawal of stipulation; effect on filing fee. ERC 30.07 Pre-investigation procedure. ERC 30.08 Informal investigation or formal hearing. ERC 30.10 Procedure for raising objection that a proposal is a non-mandatory subject of bargaining. ERC 30.11 Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining. ERC 30.12 Certification of results of investigation or hearing, or certification based on stipulation. ERC 30.13 Order appointing arbitrator. ERC 30.14 Arbitration hearing. ERC 30.15 Proceedings before the arbitrator. ERC 30.16 Issuance of award. ERC 30.18 Enforcement or modification of award. Ch. ERC 30 NoteNote: Chapter ERB 30 was renumbered chapter ERC 30 under s. 13.93 (2m) (b) 1., Stats., Register, December, 1994. Chapter ERC 30 as it existed on June 30, 2006, was repealed and a new chapter ERC 30 was created, Register June 2006 No. 606, effective July 1, 2006. ERC 30.01ERC 30.01 Scope. This chapter governs the general procedure relating to arbitration proceedings and the appointment of arbitrators to resolve disputes under s. 111.77, Stats., in collective bargaining involving law enforcement supervisors employed by a county having a population of 500,000 or more and fire fighting and law enforcement personnel in the employ of municipal employers having a population of 2,500 or more, except police departments in 1st class cities as defined in ss. 62.05 and 990.001 (15), Stats. Population shall be as determined by the most recent regular or special federal census. ERC 30.01 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 30.02ERC 30.02 Policy. The policy of the state is to promote the prompt, peaceful and just resolution of labor disputes arising in collective bargaining affecting wages, hours and conditions of employment of applicable fire fighting and law enforcement personnel in the employ of the applicable municipal employers. Where proceedings are initiated under this chapter by one or both parties, the commission shall, where an impasse exists, require the parties involved to proceed to final and binding municipal interest arbitration on the issue or issues at impasse. The commission may furnish to the parties a panel of arbitrators from which they may select an arbitrator or arbitrators to be appointed by the commission to issue a compulsory final and binding award to resolve the issue or issues at impasse. ERC 30.02 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 30.03ERC 30.03 Petition to initiate final and binding arbitration. ERC 30.03(1)(1) Who may file. When an applicable municipal employer and the recognized or certified collective bargaining representative of applicable fire fighter or law enforcement personnel have reached an impasse in their collective bargaining on wages, hours and conditions of employment to be incorporated in a collective bargaining agreement, the municipal employer or the exclusive representative or anyone authorized to act on their behalf, may file a petition with the commission to initiate compulsory final and binding arbitration. ERC 30.03(2)(2) Time for filing. The petition shall be filed after the parties have complied with the conditions stated s. 111.77 (1) and (2), Stats. ERC 30.03(3)(3) 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 1 copy of the petition and of all required enclosures shall be included. The fee may be transmitted to the commission by physical delivery or mail. ERC 30.03(4)(4) Contents. The petition shall include all of the following: ERC 30.03(4)(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 30.03(4)(b)(b) The name and address of the collective bargaining representative involved and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available. ERC 30.03(4)(c)(c) A description of the collective bargaining unit involved and the approximate number of employees in the unit. ERC 30.03(4)(d)(d) A general statement as to the alleged issue or issues at impasse. ERC 30.03(4)(e)(e) A statement whether the petitioner desires that the arbitration be limited to the entire last and final offers of each party, or whether the parties have agreed otherwise. ERC 30.03(4)(g)(g) The name, address, phone number and signature, or signature facsimile, of the person signing the petition. Fax numbers and e-mail addresses shall be included, if available. ERC 30.03 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 30.04ERC 30.04 Withdrawal of petition; effect on filing fee. A 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. Neither the withdrawal of the petition nor the parties’ settlement of the underlying dispute is a basis on which the filing fee shall be refunded. ERC 30.04 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 30.05ERC 30.05 Stipulation to initiate final and binding arbitration. ERC 30.05(1)(1) Who may file. When an applicable municipal employer and the recognized or certified collective bargaining representative of applicable fire fighter or law enforcement personnel have reached an impasse in their collective bargaining on wages, hours and conditions of employment to be incorporated in a collective bargaining agreement between them, the parties or anyone authorized to act on their behalf, may jointly file a stipulation with the commission to initiate compulsory final and binding arbitration. ERC 30.05(2)(2) Time for filing. A stipulation to initiate compulsory final and binding arbitration shall be filed after the parties have complied with the conditions stated s. 111.77 (1) and (2), Stats. ERC 30.05(3)(3) Form; number of copies; filing; service. The stipulation shall be in writing on a form provided by the commission, or a facsimile of the commission’s form. The stipulation 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 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 1 copy of the petition and of all required enclosures shall be included. The fee may be transmitted to the commission by physical delivery or mail. ERC 30.05(4)(4) Contents. The stipulation shall include all of the following: ERC 30.05(4)(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 30.05(4)(b)(b) The name and address of the collective bargaining representative involved and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available. ERC 30.05(4)(c)(c) A description of the collective bargaining unit involved and the approximate number of employees involved. ERC 30.05(4)(d)(d) A general statement as to the issue or issues agreed upon as being at impasse. ERC 30.05(4)(e)(e) An indication as to whether the parties desire that the arbitration be limited to the entire last and final offers of each party, or whether the parties have agreed otherwise. ERC 30.05(4)(g)(g) The signature, or signature facsimile, title, address, and phone number of the persons signing the stipulation. Fax numbers and e-mail addresses shall be included, if available. ERC 30.05 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 30.06ERC 30.06 Withdrawal of stipulation; effect on filing fee. A stipulation 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. Neither the withdrawal of the stipulation nor the parties’ settlement of the underlying dispute is a basis on which the filing fee shall be refunded. ERC 30.06 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 30.07ERC 30.07 Pre-investigation procedure. After a petition or stipulation has been filed, unless the parties have agreed in writing on another procedure, the commission shall assign a commission-employed investigator who shall, after conferring with the parties, set a date, time and place for the conduct of an informal investigation or for the conduct of a formal hearing with respect to the petition or stipulation. If, during any mediation by a commission mediator, the parties have exchanged and submitted to the mediator their total final offers, as well as a stipulation on matters agreed upon, the parties may waive the informal investigation or formal hearing described in s. ERC 30.08. A waiver shall be written and may accompany the petition or stipulation for initiation of interest arbitration or be filed separately later. ERC 30.07 HistoryHistory: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06. ERC 30.08ERC 30.08 Informal investigation or formal hearing. ERC 30.08(1)(1) Purpose. After a petition or stipulation has been filed, the commission shall conduct an investigation to determine whether the parties are at an impasse in their negotiations after a reasonable period of negotiation. The investigation shall be conducted either by the commission or by an investigator assigned by the commission. The investigation shall consist either of an informal investigation or a formal hearing or both. If it is determined that the parties are at an impasse, the commission or investigator shall obtain the single final offers of the parties containing their final proposals on issues in dispute, and shall obtain a stipulation signed by the parties on all matters agreed upon to be included in the new or amended collective bargaining agreement. During the informal investigation or formal hearing, the commission or investigator may engage in an effort to mediate the dispute. ERC 30.08(2)(2) Informal investigation procedure. If an informal investigation is conducted, the commission or investigator shall, after conferring with the parties, set a date, time and place for the conduct of the informal investigation and shall notify the parties of those arrangements in writing. The informal investigation may be adjourned or continued as the commission or investigator finds necessary. During the investigation the commission or investigator may meet jointly or separately with the parties or otherwise communicate with one or both of the parties, for the purposes described in sub. (1). Prior to the close of the investigation, the investigator shall obtain in writing the final offers of the parties on the issues in dispute and a stipulation in writing on all matters agreed upon to be included in the new or amended collective bargaining agreement. If, at the time of the exchange of final offers or during any additional time permitted by the investigator, no objection is raised that either final offer contains a proposal relating to a non-mandatory subject of bargaining, the commission or investigator shall serve the parties, as set forth in s. ERC 10.07, with a written notice that the investigation is closed. The commission or investigator shall not close the investigation until the commission or investigator is satisfied that neither party, having knowledge of the content of the final offer of the other party, would amend any proposal contained in its final offer, and that the final offers conform to the requirements of s. ERC 30.09. Following the close of the investigation the investigator shall report the findings to the commission, either orally or in writing, as the commission may direct, and at the same time transmit to the commission the final offers and the stipulation received from the parties. ERC 30.08(3)(3) Formal hearing practice and procedure. If a formal investigation is conducted, the commission or investigator, following communication with the parties, shall set a date, time and place for the conduct of the formal hearing and notify the parties by formal notice. The formal hearing may be adjourned or continued in the discretion of the commission or investigator. Hearing practice and procedure shall be as set forth in ss. ERC 18.06 to 18.08, except that the purpose and scope of the hearing shall be limited to establishing the facts needed to determine whether, after a reasonable period of negotiation, the parties are at an impasse. Prior to the close of the hearing, the commission or its investigator shall obtain and exchange the single ultimate final offers and stipulation of agreed upon items.
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administrativecode
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Employment Relations Commission (ERC)
Chs. ERC 30-39; Municipal Sector Interest Dispute Resolution Processes
section
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