Wis. Admin. Code Employment Relations Commission ERC 29.07 - Certification of results of determination

(1) WHEN ISSUED. If no timely objections are filed, or after disposition of any timely-filed objections, the commission shall issue a certification of the results of its determination based on authorization cards.

(2) CONTENTS. The certification shall either certify the petitioner as exclusive representative of the bargaining unit involved or dismiss the petition.

(3) EFFECT OF COMPETING PETITION.

(a) Petitions filed 10 or fewer days later. If one or more competing petitions for certification by authorization card majority regarding the same bargaining unit are filed within 10 days of the filing of a petition, each of the petitions will be processed. If more than one of the petitions would support the certification of a representative, then the commission shall direct a secret ballot election to determine the representation of the bargaining unit involved.

(b) Petitions filed more than 10 days later. If a competing petition for certification by authorization card majority is filed more than ten days after the filing of a petition regarding the same bargaining unit, the later-filed petition will be processed only if and when the earlier-filed petition is dismissed. If the earlier-filed petition results in certification of a representative, the later-filed petition will be dismissed without being processed.

(4) EFFECT ON PENDING PETITION FOR ELECTION. The processing of a petition for certification by authorization card majority shall take precedence over the processing of a petition for an election regarding the same bargaining unit. If a petition for certification by authorization card majority is filed during the pendency of a petition for election regarding the same bargaining unit, the processing of the election petition shall be held in abeyance until the processing of the petition for certification by authorization card majority has been completed. If the petition for certification by authorization card majority results in the certification of a representative, the petition for election will be dismissed.

(5) EFFECT OF CERTIFICATION OF REPRESENTATIVE. A certification of representative based on authorization card majority shall have the same effect as provided in s. 111.83(1), Stats., for a certification of representative based on a secret ballot election. A representative certified based on authorization card majority shall be subject to a change or discontinuance of representation as provided in s. 111.83(6), Stats., for a representative certified on the basis of a secret ballot election.

Notes

Wis. Admin. Code Employment Relations Commission ERC 29.07

CR 10-019: cr. Register June 2010 No. 654, eff. 7-1-10.