Wis. Admin. Code Employment Relations Commission ERC 18.05 - Stipulation for declaratory ruling

(1) WHO MAY FILE. Where a municipal employer and the exclusive representative of employees of the municipal employer in an appropriate collective bargaining unit are in dispute concerning the duty to bargain on any subject, those parties may jointly file a stipulation for a declaratory ruling with regard to the dispute.

(2) FORM, NUMBER OF COPIES AND FILING. The stipulation for a declaratory ruling shall be in writing in the form described below and shall contain the signatures or facsimiles of the signatures of both parties or their designated representatives. A stipulation is not filed unless it contains the required signatures or signature facsimiles and unless and until the stipulation has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06(1). The petition shall be transmitted to the commission as set forth in s. ERC 10.06(1). If the petition is filed in paper form, a total of 2 copies of the petition shall be included. The stipulation shall be captioned as follows:

"STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT

RELATIONS COMMISSION

__________________________________________________

In the Matter of the Stipulation between

(NAME OF MUNICIPAL EMPLOYER)

and

(NAME OF EXCLUSIVE REPRESENTATIVE)

Requesting a Sec. 111.70 (4) (b), Stats., Declaratory Ruling

Involving a Dispute Between the Parties

__________________________________________________"

(3) CONTENTS. The stipulation shall include all of the following:

(a) The caption in the form noted above.

(b) The name, address and phone number of the municipal employer involved and of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(c) The name, address, phone number and affiliation, if any, of the exclusive representative involved and of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(d) A description of the certified or recognized collective bargaining unit involved, as well as the approximate number of employees in the unit.

(e) A clear and concise statement of the subject or subjects over which a dispute has arisen concerning the duty to bargain.

(f) A statement of any stipulated facts.

(g) A clear and concise statement of the position taken by each party as to whether the parties are under a duty to bargain on the subject or subjects listed in the stipulation.

(4) STATEMENTS IN SUPPORT OF POSITION. Each party to the stipulation shall attach to the stipulation, or within an agreed period of time set forth in the stipulation, file with the commission, a detailed statement of the arguments relied upon in support of its position in the matter, and shall, at the same time, serve a copy on the other party, as set forth in s. ERC 10.06(1). If the statement is filed in paper form, a total of 2 copies shall be provided to the commission.

Notes

Wis. Admin. Code Employment Relations Commission ERC 18.05

CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.