Chapter ERC 70

ERC 70.03(7)(b) (b) Consequences of failure to timely file. If no timely petition is filed by any labor organization, then the following consequences shall apply:

ERC 70.03(7)(b)1. 1. If no collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of September 15. If a collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the expiration of the agreement.

ERC 70.03(7)(b)2. 2. The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for a minimum of one year following the applicable date in subd. 1.

ERC 70.03(7)(c) (c) Notice of consequences of failure to timely file petition. At the request of the municipal employer or of any other interested party, the commission shall issue a notice of the consequences set forth in par. (b). Before issuing such a notice, the commission shall provide the exclusive representative an opportunity to respond to the request. When issued, copies of the notice shall be sent to the municipal employer, the former exclusive representative, and any interested party who requested the issuance of the notice.

ERC 70.03 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.

ERC 70.04 ERC 70.04 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 Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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. If the sole pending petition is withdrawn after the petition filing deadline set forth in s. ERC 70.03 (7) (a), then the consequences and notice of consequences of withdrawal of the petition shall be as set forth in s. ERC 70.03 (7) (b) and (c) but the date of dismissal of the withdrawn petition shall apply in place of the date specified in s. ERC 70.03 (7) (a).

ERC 70.04 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.

ERC 70.05 ERC 70.05 Action following filing of petition.

ERC 70.05(1) (1) Furnishing of personnel data by municipal employer. Within 10 days of its receipt of the petition pursuant to s. ERC 70.03 (3), the municipal employer shall furnish to the commission in an electronically sortable format an alphabetical list of the names of the personnel and the last 4 digits of said personnel’s social security numbers who were employed in the collective bargaining unit involved as of the pay period in which the first timely petition was filed or another date specified by the commission. If the commission so directs, the list shall also include each employee’s mailing addresses including zip code and the employee’s work unit and location. The commission shall designate the number of copies of the paper form list to be provided. If the commission so directs, the municipal employer shall, within the same time period, submit 2 sets of mailing labels including the employee’s name and mailing address, suitable for use in a mail ballot procedure. At the same time the municipal employer furnishes the commission with personnel data, the municipal employer shall furnish the petitioning labor organization with an electronically sortable alphabetical list of the names of the personnel provided to the commission. The period of time for furnishing the personnel data may be extended by the commission for good cause shown.

ERC 70.05(2) (2) Response to personnel data. Within 10 days of receipt of the personnel data from the municipal employer, the petitioner shall electronically provide the commission and the municipal employer with an alphabetical list of the names of personnel that should be added to or deleted from the municipal employer’s personnel list. The period of time for furnishing the list may be extended by the commission for good cause shown.

ERC 70.05 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.

ERC 70.06 ERC 70.06 Direction of election or other dispositional order. As soon as possible after receipt and service of the personnel data, the commission shall, in writing, either direct an election, dismiss the petition, or make other orders regarding the disposition of the petition. In cases where the commission is directing an election, the direction shall establish the date on or before which an employee shall have been employed to be eligible to vote. The date shall be a date specified by the commission in the pay period in which the first timely petition was filed under this chapter regarding the bargaining unit, or another date specified by the commission. The direction of election shall provide that all individuals on the list provided by the municipal employer and on the list, if any, provided by a petitioning labor organization shall be allowed to vote, subject to the right of the municipal employer and any petitioning labor organization to challenge the eligibility of the voter.

ERC 70.06 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14; correction made under s. 35.17, Stats., Register June 2014 No. 702.

ERC 70.07 ERC 70.07 Elections.

ERC 70.07(1) (1) Nature of balloting; by whom conducted; extension of time to conduct. All elections shall be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission. The commission shall determine on a case by case basis whether the secret balloting shall be conducted on-site or by mail or by other means determined by the commission to be fair and reliable. The time within which the commission has directed an election to be conducted may be extended by the commission.

ERC 70.07(2) (2) Notice of election. The municipal employer shall post notices to personnel concerning the election at times, locations, and in a form specified by the commission.

ERC 70.07(3) (3) Observers. Any interested party may be represented by observers at on-site election locations and at locations at which vote counts are conducted. Observers shall be selected in accordance with limitations, if any, established by the commission.

ERC 70.07(4) (4) Challenge of voters. Any party, observer, or commission agent conducting the election may challenge, for good cause, the eligibility of any person to vote in the election. The ballots of challenged voters shall be impounded or otherwise segregated without being opened or counted.

ERC 70.07(5) (5) Count and tally of ballots. Upon the conclusion of the election, the commission shall furnish a tally of ballots to the parties.

ERC 70.07(6) (6) Inconclusive elections. When more than one proposed representative appears on the ballot, if a minimum of 51 percent of the eligible voters favor representation but no single representative receives the votes of a minimum of 51 percent of the eligible voters, the commission, on request of any party, may conduct a runoff election as provided in s. 111.70 (4) (d) 4., Stats. A request for a runoff election shall be made within 30 days from the date of the certification of the results of the election.

ERC 70.07 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.

ERC 70.08 ERC 70.08 Certification of results of election. If challenged ballots are insufficient in number to affect the results, no runoff election is needed, and no timely objections are filed under s. ERC 70.09, the commission shall issue to the parties a certification of the results of the election.

ERC 70.08 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.

ERC 70.09 ERC 70.09 Objections to election.

ERC 70.09(1) (1) Filing; form; copies. Within 8 days after receiving the tally of ballots, any party may file with the commission objections to conduct affecting the results of the election. Objections shall be in writing and shall include the signature or a facsimile of the signature of the party or representative filing the objections. The objections shall contain a brief statement of facts upon which the objections are based. A statement of objections is not filed unless it contains the required signature or signature facsimile and has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The objections shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the objections are filed in paper form, a total of 2 copies of the objections shall be included.

ERC 70.09(2) (2) Service on other parties. The party filing objections shall, at the same time, serve each of the other parties with a copy as set forth in s. ERC 10.07.

ERC 70.09 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.

ERC 70.10 ERC 70.10 Commission action on challenges or objections.

ERC 70.10(1) (1) Hearing. If challenges to voter eligibility or objections to election conduct may affect the election outcome and cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning the issues to be resolved. Practice and procedure for hearings on challenges or objections shall be as set forth in ss. ERC 18.06 to 18.08.

ERC 70.10(2) (2) After hearing.

ERC 70.10(2)(a) (a) As soon as possible after submission of the case, the commission shall, in writing, either sustain or overrule each challenge or objection.

ERC 70.10(2)(b) (b) If the commission directs that challenged ballots be opened and counted, the ballots shall be opened and counted, and the commission shall issue a revised tally and a certification of election results.

ERC 70.10(2)(c) (c) If the commission sustains one or more objections, it may direct a new election to be held at a time and under conditions specified by the commission.

ERC 70.10(2)(d) (d) If the commission overrules all objections, it shall promptly issue a certification of the election results.

ERC 70.10 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.

ERC 70.11 ERC 70.11 Consequences of failure to achieve support of 51 percent of those eligible to vote in the annual certification election. If no representative is ultimately supported by a minimum of 51 percent of the employees eligible to vote, the commission shall issue a certification of the results of the election including a notice of the following:

ERC 70.11(1) (1) If no collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the date of the commission’s certification of results. If a collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the expiration of the agreement.

ERC 70.11(2) (2) The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for a minimum of one year following the applicable date specified in sub. (1).

ERC 70.11 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.

ERC 70.12 ERC 70.12 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 a petition for rehearing shall be as set forth in s. ERC 18.11.

ERC 70.12 History History: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.