Ch. TCS 2 NoteNote: Chapter A-V 2 was repealed and recreated by emergency rule effective February 16, 1983. Chapter A-V 2 as it existed on August 31, 1983 was repealed and a new chapter A-V 2 was created effective September 1, 1983; chapter A-V 2 was renumbered to be chapter VTAE 2, Register, September, 1985, No. 357, eff. 10-1-85; chapter VTAE 2 was renumbered chapter TCS 2 under s. 13.93 (2m) (b) 1., Stats., Register, June, 1994, No. 462. TCS 2.01TCS 2.01 Purpose. This chapter establishes criteria and procedures for the review of district board member appointments by the board as required under s. 38.04 (15), Stats., interprets the board’s authority to require under s. 38.10 (2) (c), Stats., that district board appointments comply with the plan of representation and interprets s. 38.10 (2) (f) and (fm), Stats., requiring the board to formulate the plan of representation and appoint district board members upon the occurrence of certain specified circumstances. TCS 2.01 HistoryHistory: Cr. Register, August, 1983, No. 332, eff. 9-1-83; reprinted to correct error, Register, November, 1983, No. 335; am. Register, April, 1990, No. 412, eff. 5-1-90. TCS 2.02(2)(2) “Board” means the technical college system board. TCS 2.02(3)(3) With the exception of the district board governing the Milwaukee area technical college, “business and industry” includes every trade, occupation, and profession. TCS 2.02(4)(4) “Employee” means any person who is not an employer as defined under sub. (5) and who receives earnings as payment for personal services, and includes a person acting in the capacity of officer or agent of a labor organization. TCS 2.02(5)(5) Except as provided in sub. (5m), “employer” means any person who receives earnings as payment for personal services and possesses the power to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or adjust employee grievances, or effectively recommend such action, if in connection with the exercise of such power the person exercises independent judgment in relation to the power. Employer does not include a person acting in the capacity of officer or agent of a labor organization. TCS 2.02(5m)(5m) For the district board governing the Milwaukee area technical college, “employer” means a business entity, as defined in s. 13.62 (5), Stats., a nonprofit organization that provides health care services, credit union, or cooperative association. TCS 2.02(6)(6) “District” means a technical college district. TCS 2.02(7)(7) “District board” means the district board in charge of the technical colleges of a district. TCS 2.02(8)(8) “Labor organization” means any organization of any kind, or affiliates of any such organization, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. TCS 2.02(9)(9) “Minority” means a person whose race or ethnic group is either: TCS 2.02(9)(a)(a) American Indian or Alaskan Native — a person with origins in any of the original people of North America, and who maintains cultural identification through tribal affiliation or community recognition; TCS 2.02(9)(b)(b) Asian or Pacific Islander — a person having origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands; TCS 2.02(9)(c)(c) Black — a person not of Hispanic culture having origins in any of the Black racial groups of Africa; or TCS 2.02(9)(d)(d) Hispanic — a person of Mexican, Puerto Rican, Caribbean, Central or South American or other Spanish culture or origin, regardless of race. TCS 2.02 HistoryHistory: Cr. Register, August, 1983, No. 332, eff. 9-1-83; renum. (3) to (6) to be (6), (7), (9) and (3), cr (4), (5) and (8), Register, February, 1986, No. 362, eff. 3-1-86; correction in (2), (6) and (7), made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; CR 12-032: am. (1), (3), (5), cr. (5m) Register August 2013 No. 692, eff. 9-1-13. TCS 2.03TCS 2.03 District duties. If requested by the district board appointment committee, the district board shall provide any reasonable and necessary clerical services, support services and information. TCS 2.03 HistoryHistory: Cr. Register, August, 1983, No. 332, eff. 9-1-83. TCS 2.04TCS 2.04 Board review of appointments. TCS 2.04(1)(1) Pursuant to s. 38.10 (2) (c), Stats., the board shall review district board appointments to determine whether they comply with the provisions of the plan of representation and the requirements of s. 38.08 (1) (a), Stats. Plans shall be in writing and need not conform to any technical requirements, but shall contain the information required under sub. (2). TCS 2.04(2)(2) At a minimum, the plan of representation prepared by the appointment committee shall include: TCS 2.04(2)(a)(a) A map of the district, and if the district is divided into subunits for appointment purposes, the boundaries of these subunits shall be indicated on the map. TCS 2.04(2)(b)(b) A statement explaining the plan of representation and demonstrating how the plan of representation gives equal consideration to: