Wis. Admin. Code Employment Relations Commission ERC 14.07 - Hearing before the fact finder
(1) NOTICE OF
HEARING. Following the receipt of notification of an appointment and
communications with the parties, the fact finder shall issue and serve on both
parties, as set forth in s.
ERC 10.07, a notice of hearing specifying the date, time
and place at which the fact-finding hearing shall be conducted.
(2) SCOPE AND NATURE OF HEARING. The hearing
shall be public and for the purpose of gathering information which shall assist
the fact finder in reaching recommendations for the resolution of the dispute.
Except as otherwise required by commission rules, proceedings before the fact
finder shall be conducted in accordance with the ethical standards and
procedures set forth in the Code of Professional Responsibility for Arbitrators
of Labor-Management Disputes as approved and amended from time to time by the
National Academy of Arbitrators, American Arbitration Association and Federal
Mediation and Conciliation Service. The Code is available in electronic form on
the commission website and in paper form on request from the
commission.
(3) HEARING PROCEDURE.
Hearings shall be within the control of the fact finder and shall be conducted
as expeditiously as the nature of the dispute shall allow. In conducting the
hearing the fact finder has the power to take the following actions:
(a) Administer oaths and
affirmations.
(b) Issue subpoenas
in the name of the commission.
Note: Fact finders may obtain appropriate subpoena forms from the commission's Madison office.
(c) Rule on offers of proof and receive
relevant evidence.
(d) Regulate the
course of the fact-finding hearing.
(e) Dispose of procedural requests and
similar matters.
(4)
WAIVER OF HEARING AND BRIEF. With the consent of the fact finder, the parties
may agree to waive the convening of a formal hearing or the filing of briefs,
or both.
(5) MEDIATION BY THE FACT
FINDER. Nothing in this chapter precludes the fact finder from attempting
through mediation to assist the parties in reaching a voluntary settlement of
the matters in dispute. Any mediation by the fact finder shall not be open to
the public unless mutually agreed by the parties or their
representatives.
Notes
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