Wis. Admin. Code Employment Relations Commission ERC 11.05 - Commission pre-hearing action on petition
(1) SERVICE OF
PETITION. Upon receipt of a petition, the commission shall serve a copy of the
petition on all interested parties identified in the petition.
(2) DETERMINATION OF SHOWING OF INTEREST. In
cases in which a showing of interest is required under s.
ERC 11.02(3), the commission shall
determine the sufficiency of the showing of interest.
(a)
Furnishing of personnel list by
municipal employer. The municipal employer involved shall, within a
period of time established by the commission, furnish in writing to the
commission a list containing the names of the personnel, in alphabetical order,
employed in the collective bargaining unit involved. The period of time for
furnishing a list of personnel may be extended by the commission for good cause
shown.
(b)
Determination. The commission shall determine the sufficiency
of the showing of interest upon the receipt from the employer of the names of
the personnel in the bargaining unit. No party, other than the party submitting
the showing of interest, may receive a copy of, or examine, the showing of
interest. The commission shall inform all parties as to its determination
regarding the sufficiency of the showing of interest. The commission shall not
reveal the number or identity of persons supporting a showing of
interest.
(3)
CONCILIATION. If the commission determines that further proceedings are
warranted, the commission may cause an effort to reach informal settlement of
all or part of an election petition to be undertaken by a commission designee.
A conciliator so designated shall attempt through mediation to assist the
parties in reaching an informal agreement resolving some or all of the issues
that might otherwise require a hearing. The pendency of conciliation shall not
preclude the scheduling or conduct of a hearing if scheduling is specifically
requested by any party prior to the conclusion of conciliation. If the
conciliator concludes that further conciliation efforts are unlikely to produce
a settlement, the processing of the case shall proceed, including the
scheduling of a hearing, if appropriate.
(4) NOTICE OF HEARING.
(a)
When issued. Following
the filing of a petition and following conciliation, if further proceedings are
warranted, the commission or assigned examiner shall schedule a date and time
for the hearing and serve all parties and their representatives with a notice
of hearing.
(b)
Contents. The notice of hearing shall include all of the
following:
1. A statement of the time, place,
and nature of the hearing, including a statement that the election proceeding
is a class 1 proceeding as defined in s.
227.01(3) (a) to (c), Stats. Unless the parties have agreed
otherwise or unless the commission or examiner finds that an emergency requires
otherwise, the hearing shall be held not less than 10 days after the notice of
hearing is served. The hearing may be rescheduled in the manner prescribed in
s.
ERC 18.06(2)
(d).
2. A statement of the legal authority and
jurisdiction under which the hearing is to be held.
3. A statement that the purpose of the
hearing is to determine whether the unit described in the petition is an
appropriate unit, and, if so, to determine the issues, if any, with respect to
whether there exists a question of representation or unit determination among
the eligible personnel in that unit.
4. A statement that all parties are required
to have with them for examination at the hearing any contract or correspondence
between the municipal employer and any labor organization or person
representing any of the personnel of the municipal employer relating to the
representation of the municipal employer's personnel.
5. A statement that the municipal employer is
required to have for examination at the hearing an organizational chart, if
any, setting forth its entire organizational structure and a list setting forth
the names of all the personnel, and their classifications or positions in the
employ of the municipal employer.
Notes
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