Chapter ERC 40

ERC 40.02(3)(c) (c) As an academic. Individuals who have taught accredited labor relations courses or accredited labor relations-related courses on the college level for at least 8 years may apply for admission to the roster. Ten writing samples, such as awards, reports or research papers, shall be submitted. The applicants may be requested to write 8 practice arbitration awards, 4 of which shall be interest arbitration awards. This requirement may be waived or reduced if the applicant satisfactorily demonstrates sufficient knowledge and experience in labor law and labor relations, and proficient writing skills.

ERC 40.02(3)(d) (d) Combination of neutral, advocate or academic experience. The commission may consider any combination of experience identified in pars. (a) to (c) and other relevant experience.

ERC 40.02(3)(e) (e) Training program participants. Notwithstanding pars. (a) to (d), any person may apply for admission to the ad hoc roster following successful completion of training under s. 111.71 (5), Stats. Applicants for training may be referred to an evaluator selected by the commission for an assessment of skills and abilities reasonably required in order to function successfully as a neutral in labor relations dispute resolution. A program may be designed to provide appropriate training to address applicants’ identified needs. The applicant may be charged a reasonable fee for participation in the training. The fee shall reflect preparation and actual training time reasonably expended on behalf of an applicant.

ERC 40.02(4) (4) References. Applicants for admission to the roster shall supply the names, addresses and phone numbers of at least six professional references, 3 of which shall be labor organization references and 3 of which shall be employer references.

ERC 40.02 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 40.03 ERC 40.03 Application for admission to roster.

ERC 40.03(1) (1) Application form; submission; consideration. Qualified individuals who are interested in being admitted by the commission to the roster may obtain an application form from the commission. The completed application along with writing samples and references shall be transmitted to the commission as set forth in s. ERC 10.06 (1). The commission shall review the completed applications and shall decide whether an applicant shall be admitted to the roster. The commission shall base its decision on the criteria listed in s. ERC 40.02. After reviewing the application, the commission may interview the candidate to obtain additional information relevant to the individual’s qualifications. Candidates shall provide complete and accurate information on the application and during the interview. Failure to do so may result in rejection. Individuals shall notify the commission of any changes in status which are relevant to the individual’s qualifications.

ERC 40.03(2) (2) Notification of application disposition. A candidate who is found to be qualified to serve on the roster shall be added to the roster if the commission determines there is a need for additional individuals to be added. Each applicant shall be notified in writing of the commission’s decision and reasons.

ERC 40.03(3) (3) Integrity of admission process. No candidate may attempt to influence the commission or staff members regarding admission to the roster by any improper means, including gifts or other inducements to agency personnel. However, nothing in this chapter is intended to preclude a potential applicant from requesting information or advice from the commission concerning the likelihood of the potential applicant’s future admission to the roster.

ERC 40.03 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 40.04 ERC 40.04 Removal from roster.

ERC 40.04(1) (1) Nature and conditions of roster membership. Admission to the roster does not create a right to continued roster membership or a right to be placed on any given panel. Except as noted in s. ERC 40.06 (3), roster members do not have a right to be placed on a minimum number of panels in any fixed period, such as a month or a year.

ERC 40.04(2) (2) Bases for Removal. Roster members may be removed on the commission’s own motion or at the request of an individual or organization. Removal shall be at the discretion of the commission, based on the following:

ERC 40.04(2)(a) (a) Failure to comply with this chapter.

ERC 40.04(2)(b) (b) Failure to meet, on a continuing basis, the commission’s roster member qualifications.

ERC 40.04(2)(c) (c) Failure to provide the commission with complete and accurate biographical data and to keep the commission informed of changes in residence and availability to arbitrate cases.

ERC 40.04(2)(d) (d) Repeated delinquency in submitting awards.

ERC 40.04(2)(e) (e) Refusal to comply with requests from the commission concerning arbitration activities and potential conflicts of interest.

ERC 40.04(2)(f) (f) Unacceptability to the parties, which may be evidenced by a low rate of selection over a period of time.

ERC 40.04(2)(g) (g) Failure to disclose to the commission any personal relationships or other circumstances which might reasonably raise a question regarding the roster arbitrator’s or fact finder’s impartiality

ERC 40.04(2)(h) (h) Failure to adhere to appropriate ethical principles.

ERC 40.04(3) (3) Request for removal. Any individual or organization may submit to the commission, as set forth in s. ERC 10.06 (1), a request that a roster member be removed from the roster. The request shall be in writing and shall contain:

ERC 40.04(3)(a) (a) The name, address and phone number of the requesting party. Fax number and e-mail address shall be included, if available.

ERC 40.04(3)(b) (b) The dispute or disputes in which the requesting party has interacted with the roster member.

ERC 40.04(3)(c) (c) The specific allegations on which the request is based.

ERC 40.04(3)(d) (d) The signature or signature facsimile of the person submitting the request.

ERC 40.04(3)(e) (e) The date on which the request was prepared.

ERC 40.04(4) (4) Commission action. Subsequent to receipt of information indicating a possible basis for a roster member’s removal, or subsequent to receipt of a request for removal of a roster member, the commission, or its designee, shall conduct a preliminary investigation. The commission shall then determine the appropriate action, if any, to be taken, including whether the roster member should be removed from the roster. A roster member who is being considered for removal shall be provided with prior written notice, as set forth in s. ERC 10.07, including a statement setting forth the basis for the commission’s consideration of the member’s removal. The roster member shall have an opportunity both to provide a written statement of reasons why removal should not take place and to physically meet with the commission to be heard on that subject. The decision of the commission shall be final and shall be placed in a written notice including the reasons for the commission’s decision.

ERC 40.04 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.

ERC 40.05 ERC 40.05 On-going requirements of roster members.

ERC 40.05(1) (1) Updates of biographical and fee information. Roster members shall file an updated biographical and fee information statement when material changes in that information occur and shall keep the commission informed about any material changes in status.

ERC 40.05(2) (2) Training course attendance. Roster members may be required to attend periodic training courses in order to remain on the roster.

ERC 40.05(3) (3) Award submission. Roster members shall immediately file with the commission, as set forth in s. ERC 10.06 (1), at its Madison office a copy of all awards and fact-finding recommendations issued by them in cases for which they were selected through commission procedures. Interest arbitration awards shall be transmitted immediately to the commission in electronic form either by physical storage media or e-mail.

ERC 40.05 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. (1) (title) and (3) Register June 2010 No. 654, eff. 7-1-10.

ERC 40.06 ERC 40.06 Roster administration.

ERC 40.06(1) (1) Separate In-State and Out-of-State Rosters; Size of Rosters. Separate in-state and out-of-state rosters shall be maintained so that the size of each roster does not ordinarily exceed fifty (50) members. Notwithstanding the fifty (50) member limits, candidates shall be added to the roster who have either successfully completed training under s. 111.71 (5), Stats., or whose qualifications are such that their addition to the roster would clearly serve the underlying purposes of ch. 111, Stats.

ERC 40.06(2) (2) Change of in-state or out-of-state status. If a member of the in-state roster leaves Wisconsin for more than 60 consecutive days, the roster member shall notify the commission prior to departure and shall be placed on inactive status for the period of their absence. A member of the out-of-state roster who moves to Wisconsin shall become a member of the in-state roster.

ERC 40.06(3) (3) Selection and composition of panels. The panels of roster members’ names submitted to parties by the commission in grievance arbitration under chs. ERC 5, 16, 23 and 63, interest arbitration under chs. ERC 30 to 33 or fact-finding cases under chs. ERC 14, 25 and 65 shall be generated by computer in a manner designed both to permit any roster member available to accept appointments to be selected for any panel and to equalize the number of times each in-state roster member’s name is sent out and to equalize the number of times each out-of-state roster member’s name is sent out during any period of availability to accept appointments. Unless otherwise jointly requested by the parties, one out-of-state roster member shall be included on each grievance panel, on each s. 111.77, Stats., and ch. ERC 30 police-fire interest panel, on each fact-finding panel under ch. ERC 14, 25 or 65 and on each s. 111.70 (4) (jm), Stats., and ch. ERC 31 police interest panel. Unless otherwise jointly requested by the parties, one out-of-state roster member shall be included on the seven name panel provided in s. 111.70 (4) (cm), Stats., and ch. ERC 32 or 33, cases in which the parties agree not to limit the panel to in-state arbitrators. No resident of the city which is party to the dispute shall be included on a s. 111.70 (4) (jm), Stats., and ch. ERC 31 police interest panel.

ERC 40.06 History History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. (3) Register June 2010 No. 654, eff. 7-1-10.