Wis. Admin. Code Employment Relations Commission ERC 32.05 - Petition to initiate arbitration
(1) WHO MAY FILE. A
petition to initiate arbitration may be filed by a municipal employer, a
recognized or certified collective bargaining representative of municipal
employees in a bargaining unit described in s.
ERC 32.01, or by anyone authorized to act on their
behalf.
(2) FORM; NUMBER OF COPIES;
FILING; SERVICE. The petition shall be in writing on a form provided by the
commission, or a facsimile of the commission's form. The petition is not filed
until it and the filing fee established by s.
ERC 10.08(5) have been received by the
commission at its Madison office during normal business hours specified in s.
ERC 10.06(1). If the parties have
previously paid a mediation filing fee for the same dispute under s.
ERC 10.08(3), no fee shall be paid for
the arbitration. 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 and of all required enclosures
shall be included. The fee may be transmitted to the commission by physical
delivery or mail. The party filing the petition shall, at the same time, serve
a copy of the request on the other party as set forth in s.
ERC 10.07.
(3)
CONTENTS. The petition shall include all of the following:
(a) The name and address of the municipal
employer involved and the name, address and phone number of its principal
representative. Fax numbers and e-mail addresses shall be included, if
available.
(b) The name and address
of the exclusive collective bargaining representative involved, as well as the
name, title, address and phone number of its principal representative. Fax
numbers and e-mail addresses shall be included, if available.
(c) A general description of the collective
bargaining unit involved and the approximate number of employees included in
the unit.
(d) A statement that the
parties are deadlocked after a reasonable period of negotiation and after
mediation by the commission, if any, and other settlement procedures, if any,
established by the parties have been exhausted, with respect to a dispute
between them over wages, hours and conditions of employment to be included in a
new collective bargaining agreement.
(e) The date when notice was served to open
negotiations and the identity of the party serving same.
(f) The date or dates when proposals were
exchanged in open meeting.
(g) The
number of negotiation meetings prior to mediation, if any, by the
commission.
(h) The dates on which
mediation, if any, was conducted and the identity of the commission
mediator.
(i) The termination date
of the existing collective bargaining agreement, if any.
(j) The identity of the party filing the
petition; the name, title and signature, or signature facsimile, of the
individual signing the petition; and date when the petition was transmitted to
the commission.
(k) The petitioning
party's preliminary final offer containing its latest proposals on all issues
in dispute.
(4)
RESPONSIVE PRELIMINARY FINAL OFFER. Within 14 days of the date the commission
receives the petitioning party's preliminary final offer, the other party shall
submit in writing its preliminary final offer on all disputed issues to the
petitioning party as set forth in s.
ERC 10.07, and to the commission as set forth in s.
ERC 10.06(1).
Notes
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