Wis. Admin. Code Employment Relations Commission ERC 30.10 - Procedure for raising objection that a proposal is a non-mandatory subject of bargaining

(1) TIME FOR RAISING OBJECTION. Any objection that a proposal is a non-mandatory subject of bargaining may be raised at any time after the commencement of negotiations, but prior to the close of the informal investigation or formal hearing.

(a) During negotiations, mediation or investigation. Should either party assert, during negotiations or during commission mediation or investigation, that a proposal by the other party is a non-mandatory subject of bargaining, either party may commence a declaratory ruling proceeding before the commission under s. 111.70(4) (b), Stats., and s. ERC 30.11

(b) After call for final offers. Should either party assert, after the commission or investigator calls for the parties to exchange proposed final offers and before the close of the informal investigation or formal hearing, that a proposal by the other party is a non-mandatory subject of bargaining, the commission or investigator shall not close the investigation or hearing, but shall direct in writing the objecting party to reduce the objection to writing by commencing, within a reasonable time determined by the commission or investigator, a declaratory ruling proceeding before the commission under s. 111.70(4) (b), Stats., and s. ERC 30.11.

(2) EFFECT OF BARGAINING ON PERMISSIVE SUBJECTS. Bargaining with regard to permissive subjects of bargaining during negotiations and prior to the close of the investigation does not constitute a waiver of the right to raise an objection as set forth in this section.

Notes

Wis. Admin. Code Employment Relations Commission ERC 30.10

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