Wis. Admin. Code Employment Relations Commission ERC 17.04 - Commission pre-hearing action on petition
(1) 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 a
unit clarification 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.
(2) 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 unit clarification
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 unusual circumstances
require 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 existing bargaining unit described in the
petition shall be clarified to include or exclude positions referenced in the
petition.
Notes
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