111.70 AnnotationArbitrators appointed pursuant to the grievance procedure contained in a collective bargaining agreement properly held a de novo factual hearing to determine whether just cause existed for the school board to terminate a teacher. Fortney v. School District, 108 Wis. 2d 167, 321 N.W.2d 255 (1982). 111.70 AnnotationMediation-arbitration under sub. (4) (cm) is a constitutional delegation of legislative authority. Milwaukee County v. Milwaukee District Council 48, 109 Wis. 2d 14, 325 N.W.2d 350 (Ct. App. 1982). 111.70 AnnotationA contract provision stating that a teacher speaking or writing as a citizen shall be free from administrative and school censorship and discipline was primarily related to employment conditions and was a mandatory subject of bargaining. Blackhawk Teachers’ Federation v. WERC, 109 Wis. 2d 415, 326 N.W.2d 247 (Ct. App. 1982). 111.70 AnnotationThe Wisconsin Employment Relations Commission did not abuse its discretion by finding no community of interest between professional teachers and student interns. Discussing unit fragmentation under sub. (4) (d) 2. a. Arrowhead United Teachers Organization v. WERC, 116 Wis. 2d 580, 342 N.W.2d 709 (1984). 111.70 AnnotationA school board’s anti-nepotism policy was a mandatory subject of bargaining. School District v. WERC, 121 Wis. 2d 126, 358 N.W.2d 285 (1984). 111.70 AnnotationBecause school supervisors are not subject to this section, a fair-share deduction from the paychecks of nonunion supervisors was not authorized. Perry v. Milwaukee Board of School Directors, 131 Wis. 2d 380, 388 N.W.2d 638 (Ct. App. 1986). 111.70 AnnotationA provision in a union’s constitution requiring a local to forfeit its treasury upon a vote of disaffiliation was void as against public policy. Wells v. Waukesha Marine Bank, 135 Wis. 2d 519, 401 N.W.2d 18 (Ct. App. 1986). 111.70 AnnotationThe three-year limitation under former sub. (3) (a) 4., 1987 stats., on the term of agreements does not limit the scope of deferred compensation proposals. City of Brookfield v. WERC, 153 Wis. 2d 238, 450 N.W.2d 495 (Ct. App. 1989). 111.70 AnnotationThe interest arbitration provisions in former sub. (4) (cm) 6., 1989 stats., apply during the negotiation of wages, hours, and conditions of employment for positions newly accreted to a bargaining unit. Wausau School District Maintenance Union v. WERC, 157 Wis. 2d 315, 459 N.W.2d 861 (Ct. App 1990). 111.70 AnnotationA county’s decision to sell a health care center was not a mandatory subject of bargaining. Local 2236, AFSCME, AFL-CIO v. WERC, 157 Wis. 2d 708, 461 N.W.2d 286 (Ct. App. 1990). 111.70 AnnotationWhether a subject is a mandatory, permissive, or prohibited subject of bargaining, including finding a particular contract provision constitutionally prohibited, is for the determination of the Wisconsin Employment Relations Commission. Milwaukee Board of School Directors v. WERC, 163 Wis. 2d 739, 472 N.W.2d 553 (Ct. App. 1991). 111.70 Annotation“Arbitration decision” in former sub. (3) (a) 7., 1989 stats., encompasses all items incorporated into a resultant collective bargaining agreement, including those not in dispute. The failure to implement an “arbitration decision” arises when an employer fails to incorporate specific terms of the award into the resultant agreement or to give retroactive effect to economic items in a retroactive contract. Sauk County v. WERC, 165 Wis. 2d 406, 477 N.W.2d 267 (1991). 111.70 AnnotationWhether payments under an arbitration award are due from the entry of the award depends on the overall circumstances. Kenosha Fire Fighters, Local Union No. 414 v. City of Kenosha, 168 Wis. 2d 658, 484 N.W.2d 152 (1992). 111.70 AnnotationA sheriff’s assignment of a deputy to an undercover drug investigation falls within the constitutionally protected powers of the sheriff and could not be limited by a collective bargaining agreement. Manitowoc County v. Local 986B, 168 Wis. 2d 819, 484 N.W.2d 534 (1992). See also Washington County v. Deputy Sheriff’s Ass’n, 192 Wis. 2d 728, 531 N.W.2d 468 (Ct. App. 1995). 111.70 AnnotationThe constitutional requirements of a union’s collection of agency fees under a fair-share agreement include: 1) an adequate explanation of the basis of the fee; 2) a reasonably prompt opportunity to challenge the amount of the fee before an impartial decisionmaker; and 3) an escrow for the amounts reasonably in dispute. Browne v. WERC, 169 Wis. 2d 79, 485 N.W.2d 376 (1992). 111.70 AnnotationTo be chargeable to nonunion, public sector employees under a fair share agreement, union activities must: 1) be germane to collective bargaining activity; 2) be justified by the government’s vital policy interest in labor peace and avoiding “free riders;” and 3) not significantly add to the burdening of free speech that is inherent in an agency or union shop. Browne v. WERC, 169 Wis. 2d 79, 485 N.W.2d 376 (1992). 111.70 AnnotationNo bright-line test exists for determining whether a register in probate, probate register, or probate commissioner is subject to this section and eligible for union membership. Factors to be considered include budget and administrative duties assigned to that person. Manitowoc County v. Local 986A, 170 Wis. 2d 692, 489 N.W.2d 722 (Ct. App. 1992). See also Iowa County v. Iowa County Courthouse, 166 Wis. 2d 614, 480 N.W.2d 499 (1992). 111.70 AnnotationWhen a collective bargaining agreement could cover a dispute and there is no provision that specifically excludes the dispute, the agreement’s grievance and arbitration provisions apply. Racine Education Ass’n v. Racine Unified School District, 176 Wis. 2d 273, 500 N.W.2d 379 (Ct. App. 1993). 111.70 AnnotationA union request that the county make pension contributions for jailers equal in amount to those for its protective occupation participants (POPS) under former s. 40.02 (48), 1991 stats., did not require reclassification of the jailers as POPS, was allowed under s. 40.05 (2) (g) 1., and was a mandatory subject of bargaining under sub. (1) (a). County of La Crosse v. WERC, 180 Wis. 2d 100, 508 N.W.2d 9 (1993). 111.70 AnnotationA school board’s unilateral change in rules governing the use of sick leave after the expiration of a collective bargaining agreement changed the status quo and was impermissible. A “zipper” clause in the expired agreement providing that the agreement superseded all previous agreements did not prevent the examination of past practice in determining the status quo. St. Croix Falls School District v. WERC, 186 Wis. 2d 671, 522 N.W.2d 507 (Ct. App. 1994). 111.70 AnnotationThe status quo to be maintained during negotiations is dynamic. When history shows changes in compensation upon employee attainment of specified experience levels, the employer is required to continue the practice during negotiations. Jefferson County v. WERC, 187 Wis. 2d 646, 523 N.W.2d 172 (Ct. App. 1994). 111.70 AnnotationA proposal to make the suspension of a police officer subject to arbitration, rather than review under s. 62.13, is not a mandatory subject of bargaining and is in irreconcilable conflict with s. 62.13. City of Janesville v. WERC, 193 Wis. 2d 492, 535 N.W.2d 34 (Ct. App. 1995). 111.70 AnnotationThe sheriff’s power to appoint, dismiss, or demote a deputy is not constitutionally protected and may be limited by a collective bargaining agreement not in conflict with the statutes. Heitkemper v. Wirsing, 194 Wis. 2d 182, 533 N.W.2d 770 (1995). See also Brown County Sheriff’s Department v. Brown County Sheriff’s Department Non-Supervisory Employees Ass’n, 194 Wis. 2d 266, 533 N.W.2d 766 (1995). 111.70 AnnotationSub. (4) (d) deals with the rights of an employee or minority group of employees to participate in collective bargaining, and not with the rights of an employee to proceed directly against an employer for a breach of the collective bargaining agreement. Gray v. Marinette County, 200 Wis. 2d 426, 546 N.W.2d 553 (Ct. App. 1996), 95-1906. 111.70 AnnotationA school board’s implementation of year-round school programs was primarily related to educational policy, not hours and wages, and was not a mandatory subject of bargaining. Racine Education Ass’n v. WERC, 214 Wis. 2d 353, 571 N.W.2d 887 (Ct. App. 1997), 97-0306. 111.70 AnnotationThe negotiation for wages, hours, and terms of employment for a position created during the term of a collective bargaining agreement, which will apply to the new position, is a new agreement for that position within former sub. (4) (cm) 6., 1995 stats., subject to arbitration. Local 60 v. WERC, 217 Wis. 2d 602, 579 N.W.2d 59 (Ct. App. 1997), 97-1877. 111.70 AnnotationIf an employee agrees to waive any federal statutory right, that is an agreement between the employee and the employer and is not a collective bargaining agreement. As such, it is not a violation of a collective bargaining agreement for an employee to refuse to sign such a waiver in a settlement, and the Wisconsin Employment Relations Commission cannot order the employee to sign the agreement. Thomsen v. WERC, 2000 WI App 90, 234 Wis. 2d 494, 610 N.W.2d 155, 99-1730. 111.70 AnnotationThe existence of a qualified economic offer (QEO) under sub. (1) (nc) is fundamentally distinct from the QEO’s implementation and numerical calculations. A QEO is made when an employer submits an offer to maintain fringe benefits and minimum salary increases consistent with sub. (1) (nc). Once a QEO is made, any issues concerning the calculation of fringe benefit costs and salaries may still be addressed but will not render a QEO invalid. Racine Education Ass’n v. WERC, 2000 WI App 149, 238 Wis. 2d 33, 616 N.W.2d 504, 99-0765. 111.70 AnnotationIt was reasonable to conclude that an employee of a school district with access to computer files containing information regarding collective bargaining but who had never been directed to open or read those files and who was trusted not to read those files was not a confidential employee under sub. (1) (i). Mineral Point Unified School District v. WERC, 2002 WI App 48, 251 Wis. 2d 325, 641 N.W.2d 701, 01-1247. 111.70 AnnotationIt was reasonable for the Wisconsin Employment Relations Commission to conclude: 1) sub. (4) (d) 2. a. addresses all determinations of appropriate bargaining units and is not limited to the initial certification of a bargaining unit; and 2) if craft employees in an existing craft and non-craft bargaining unit file a severance petition and if the craft employees at issue have never voted among themselves for inclusion in the mixed unit, the craft employees are entitled to a separate vote on the issue. City of Marshfield v. WERC, 2002 WI App 68, 252 Wis. 2d 656, 643 N.W.2d 122, 01-0855. 111.70 AnnotationUnder the facts of the case, the Wisconsin Employment Relations Commission did not err in ruling that the school board could not bar teachers posting in certain areas of their classrooms signs that stated “Fair Contract NOW!” and “Do the Right Thing!” produced by the teacher’s union in support of its contact negotiations with the school, as such action constituted “lawful concerted activity” within the protection of sub. (2) and not political advocacy. Milwaukee Board of School Directors v. WERC, 2008 WI App 125, 313 Wis. 2d 525, 758 N.W.2d 814, 07-0840. 111.70 AnnotationThe ban under sub. (4) (mc) 6. on bargaining the “impact of the design and selection of the health care coverage plans on the wages, hours, and conditions of employment of the public safety employee” applies to both “indirect” consequences and to the “direct” impact of the plans on employee’s finances, such as: 1) the deductible amount; 2) maximum-out-of-pocket expense; 3) co-pays; and 4) prescription costs. Milwaukee Police Ass’n v. City of Milwaukee, 2013 WI App 70, 348 Wis. 2d 168, 833 N.W.2d 179, 12-1928. 111.70 AnnotationThe change in state law by 2011 Wis. Act 10 had no effect on the existing collective bargaining agreement in this case or the arbitrator’s ability to order a remedy for a violation committed during the agreement’s term. The plain language of Act 10 delayed its effectiveness with respect to individual school employees and school districts until after the expiration of their existing collective bargaining agreements, and the state constitution prohibits state laws that substantially impair existing contracts. School District v. Kewaskum Education Ass’n, 2013 WI App 136, 351 Wis. 2d 527, 840 N.W.2d 719, 13-0220. 111.70 AnnotationSub. (4) (mc) 6. does not prohibit bargaining for public safety employees on the subject of the allocation of responsibility between employees and employers to pay deductibles required under a health care coverage plan. Wisconsin Professional Police Ass’n v. WERC, 2013 WI App 145, 352 Wis. 2d 218, 841 N.W.2d 839, 12-2701. 111.70 AnnotationThe initial applicability provisions of 2011 Wis. Acts 10 and 32 applicable to the treatments of this section by those acts contain no clear expression of the intention to retroactively upend the settled expectations of collective bargaining agreements (CBAs) that were negotiated and agreed upon months before those acts took effect, but which had not taken effect. To the contrary, the acts disclaim any such intention by exempting employees “covered by” already-existing CBAs until after those CBAs end or are modified. Local 321, International Ass’n of Fire Fighters v. City of Racine, 2013 WI App 149, 352 Wis. 2d 163, 841 N.W.2d 830, 13-0290. 111.70 AnnotationSubs. (1) (f), (3g), (4) (d) 3., and (4) (mb) and the third sentence of sub. (2) do not violate the plaintiffs’ associational rights. No matter the limitations or burdens a legislative enactment places on the collective bargaining process, collective bargaining remains a creation of legislative grace and not constitutional obligation. The restrictions attached to the statutory scheme of collective bargaining are irrelevant in regards to freedom of association because no condition is being placed on the decision to participate. If a general employee participates in collective bargaining under 2011 Wis. Act 10’s statutory framework, that general employee has not relinquished a constitutional right. They have only acquired a benefit to which they were never constitutionally entitled. Madison Teachers, Inc. v. Walker, 2014 WI 99, 358 Wis. 2d 1, 851 N.W.2d 337, 12-2067. 111.70 AnnotationWhen the Wisconsin Employment Relations Commission (WERC) had received detailed and specific complaints of past coercion in other certification elections, a WERC employee lawfully performed the balancing test in concluding that the public interest in elections free from voter intimidation and coercion outweighed the public interest in favor of openness of public records. The public interest in certification elections that are free from intimidation and coercion is evidenced by the requirement that those elections be conducted by secret ballot and free from prohibited practices. The public interest in elections that are free from intimidation and coercion outweighs the public interest in favor of open public records under the circumstances presented in this case. Madison Teachers, Inc. v. Scott, 2018 WI 11, 379 Wis. 2d 439, 906 N.W.2d 436, 16-2214. 111.70 AnnotationThe Wisconsin Employment Relations Commission may require a labor organization that has an interest, under sub. (4) (d) 3. c., in being on a certification election ballot under sub. (4) (d) 3. b. to file a petition for election. Wisconsin Ass’n of State Prosecutors v. WERC, 2018 WI 17, 380 Wis. 2d 1, 907 N.W.2d 425, 15-2224. 111.70 AnnotationThe Wisconsin Employment Relations Commission may decertify a current representative labor organization on September 15, or at the expiration of the collective bargaining agreement, whichever occurs later, when the organization fails to timely file a petition for election because that failure is “logically equivalent” to an election in which a current representative labor organization does not receive at least 51 percent of the votes under sub. (4) (d) 3. b. Wisconsin Ass’n of State Prosecutors v. WERC, 2018 WI 17, 380 Wis. 2d 1, 907 N.W.2d 425, 15-2224. 111.70 AnnotationA municipal employer may agree to pay the employees’ portion of retirement contributions to the state fund. 59 Atty. Gen. 186.
111.70 AnnotationA county ordinance implementing a collective bargaining agreement providing for the payment to county employees, upon their leaving government employment, compensation for accumulated sick leave earned both before and after the effective date of the ordinance is valid. 59 Atty. Gen. 209.
111.70 AnnotationSchool boards have authority to contract with teachers to provide for an increment or sum in addition to the regular salary in return for the teacher choosing an early retirement option. 63 Atty. Gen. 16.
111.70 AnnotationThe attorney general declines to render an opinion on what is subject to collective bargaining in view of a preferred legislative intent that, under sub. (4) (b), such questions be resolved by WERC through the declaratory judgment procedure, subject to judicial review. 63 Atty. Gen. 590.
111.70 AnnotationThe Milwaukee school board is authorized by this section to contract for a retirement system supplementary to the one under former subch. II of ch. 42, 1979 stats. 67 Atty. Gen. 153.
111.70 AnnotationDiscussing the application of the open meetings law to the duties of WERC. 68 Atty. Gen. 171.
111.70 AnnotationA board of education may not prevent a nonunion teacher from speaking on a bargaining issue at an open meeting. City of Madison Joint School District No. 8 v. WERC, 429 U.S. 167, 97 S. Ct. 421, 50 L. Ed. 2d 376 (1976). 111.70 Annotation2011 Wis. Act 10 amendments did not violate equal protection or free speech protections. Wisconsin Education Ass’n Council v. Walker, 705 F.3d 640 (2013). 111.70 Annotation2011 Wis. Act 10’s various restrictions, in their cumulative effect, do not violate union members’ associational rights. The 1st amendment does not require the state to maintain policies that allow certain associations to thrive. For the most part, the Bill of Rights enshrines negative liberties. It directs what government may not do to its citizens, rather than what it must do for them. Laborers Local 236, AFL-CIO v. Walker, 749 F.3d 628 (2014). 111.70 Annotation2011 Wis. Act 10’s treatment of union employees and individual employees did not infringe fundamental 1st amendment rights and did not violate equal protection. Wisconsin is not treating employees differently based on the employees’ exercise of their associational rights. Act 10 does not mandate any form of unfavorable treatment for union members. These employees still possess every right, and are given every opportunity, that the state grants to their colleagues who elect not to join a union, but Wisconsin has refused to participate in an activity that the represented employees want the state to engage in. Laborers Local 236, AFL-CIO v. Walker, 749 F.3d 628 (2014). 111.70 AnnotationA teacher’s alleged de facto tenure is not a protected property interest. Discussing liberty interests. Stevens v. Joint School District No. 1, 429 F. Supp. 477 (1977). 111.70 AnnotationThe Wisconsin Employment Relations Commission and trial courts have concurrent jurisdiction over alleged violations of this section. Aleman v. Milwaukee County, 35 F. Supp. 2d 710 (1999). 111.70 AnnotationThe Crisis of the 70’s—Who Will Manage Municipal government? Mulcahy. 54 MLR 315 (1971).
111.70 AnnotationMunicipal Personnel Problems and Solutions. Mulcahy. 56 MLR 529 (1973).
111.70 AnnotationRight to Strike and Compulsory Arbitration: Panacea or Placebo? Coughlin & Rader. 58 MLR 205 (1975).
111.70 AnnotationWisconsin’s Municipal Labor Law: A Need for Change. Mulcahy & Ruesch. 64 MLR 103 (1980).
111.70 AnnotationFinal Offer Interest Arbitration in Wisconsin: Legislative History, Participant Attitudes, Future Trends. Clune & Hyde. 64 MLR 455 (1981).
111.70 AnnotationThe Impact of Public Sector Bargaining: An Essay Dedicated to Nathan P. Feinsinger. Anderson. 1973 WLR 986.
111.70 AnnotationConstitutional Law—Due Process—Administrative Law—Impartial Decisionmaker—Authority of School Board to Dismiss Striking Teachers. Gallagher. 1977 WLR 521.
111.70 AnnotationFinal Offer Mediation-Arbitration and the Limited Right to Strike: Wisconsin’s New Municipal Employment Bargaining Law. Chvala & Fox. 1979 WLR 167.
111.70 AnnotationUnion Security in the Public Sector: Defining Political Expenditures Related to Collective Bargaining. Hatch. 1980 WLR 134.
111.70 AnnotationFact Finding In Public Employment Disputes. Marshall. WBB Dec. 1970.
111.71111.71 General provisions. 111.71(1)(1) The commission may adopt reasonable rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i). 111.71(2)(2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1., (cg) 3., or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cg) 3., 4., and 6., (cm) 3. and 4., and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) 6. or (jm) or 111.77 (3) may not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i). 111.71(4m)(4m) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cg). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). 111.71(5m)(5m) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under s. 111.70 (4) (cg). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs. 111.71(6)(6) This subchapter may be cited as “Municipal Employment Relations Act”. 111.77111.77 Settlement of disputes. Municipal employers and public safety employees, as provided in sub. (8), have the duty to bargain collectively in good faith including the duty to refrain from strikes or lockouts and to comply with the following: 111.77(1)(1) If a contract is in effect, the duty to bargain collectively means that a party to such contract shall not terminate or modify such contract unless the party desiring such termination or modification: 111.77(1)(a)(a) Serves written notice upon the other party to the contract of the proposed termination or modification 180 days prior to the expiration date thereof or, if the contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification. This paragraph shall not apply to negotiations initiated or occurring in 1971. 111.77(1)(b)(b) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications. 111.77(1)(c)(c) Notifies the commission within 90 days after the notice provided for in par. (a) of the existence of a dispute. 111.77(1)(d)(d) Continues in full force and effect without resorting to strike or lockout all terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of the contract, whichever occurs later. 111.77(1)(e)(e) Participates in mediation sessions by the commission or its representatives if specifically requested to do so by the commission. 111.77(1)(f)(f) Participates in procedures, including binding arbitration, agreed to between the parties. 111.77(2)(2) If there has never been a contract in effect, the union shall notify the commission within 30 days after the first demand upon the employer of the existence of a dispute provided no agreement is reached by that time, and in such case sub. (1) (b), (e) and (f) shall apply. 111.77(3)(3) Where the parties have no procedures for disposition of a dispute and an impasse has been reached, either party may petition the commission to initiate compulsory, final and binding arbitration of the dispute. If in determining whether an impasse has been reached the commission finds that any of the procedures set forth in sub. (1) have not been complied with and that compliance would tend to result in a settlement, it may require such compliance as a prerequisite to ordering arbitration. If after such procedures have been complied with or the commission has determined that compliance would not be productive of a settlement and the commission determines that an impasse has been reached, it shall issue an order requiring arbitration. The commission shall in connection with the order for arbitration submit a panel of 5 arbitrators from which the parties may alternately strike names until a single name is left, who shall be appointed by the commission as arbitrator, whose expenses shall be shared equally between the parties. Arbitration proceedings under this section shall not be interrupted or terminated by reason of any prohibited practice charge filed by either party at any time. 111.77(4)(4) There shall be 2 alternative forms of arbitration: 111.77(4)(a)(a) Form 1. The arbitrator shall have the power to determine all issues in dispute involving wages, hours and conditions of employment. 111.77(4)(b)(b) Form 2. The commission shall appoint an investigator to determine the nature of the impasse. The commission’s investigator shall advise the commission in writing, transmitting copies of such advice to the parties of each issue which is known to be in dispute. Such advice shall also set forth the final offer of each party as it is known to the investigator at the time that the investigation is closed. Neither party may amend its final offer thereafter, except with the written agreement of the other party. The arbitrator shall select the final offer of one of the parties and shall issue an award incorporating that offer without modification. 111.77(5)(5) The proceedings shall be pursuant to form 2 unless the parties shall agree prior to the hearing that form 1 shall control. 111.77(6)(am)(am) In reaching a decision, the arbitrator shall give greater weight to the economic conditions in the jurisdiction of the municipal employer than the arbitrator gives to the factors under par. (bm). The arbitrator shall give an accounting of the consideration of this factor in the arbitrator’s decision. 111.77(6)(bm)(bm) In reaching a decision, in addition to the factors under par. (am), the arbitrator shall give weight to the following factors:
