Register June 2010 No. 654
Chapter ERC 8
REFERENDA CONCERNING FAIR-SHARE AND MAINTENANCE OF MEMBERSHIP AGREEMENTS INVOLVING THE UNIVERSITY OF WISCONSIN HOSPITALS
AND CLINICS AUTHORITY OR AN EMPLOYER OF A DAY CARE
PROVIDER UNDER S. 111.02 (7) (a) 4., STATS.
ERC 8.02 Petition for referendum.
ERC 8.03 Showing interest in support of petition.
ERC 8.04 Withdrawal of petition.
ERC 8.05 Commission pre-hearing action on petition.
ERC 8.08 Direction of referendum or other dispositional order.
ERC 8.10 Certification of results of referendum.
ERC 8.11 Objections to referendum.
ERC 8.12 Commission action on challenges or objections.
ERC 8.13 Petition for rehearing.
Ch. ERC 8 Note
Note: Chapter ERB 8 was renumbered chapter ERC 8 under s. 13.93 (2m) (b) 1., Stats.,
Register, December, 1994, No. 468. Chapter ERC 8 as it existed on June 30, 2006, was repealed and a new chapter ERC 8 was created,
Register June 2006 No. 606, effective July 1, 2006.
ERC 8.01
ERC 8.01 Scope. This chapter governs the general procedure relating to referenda under s.
111.075, Stats., concerning fair-share and maintenance of membership agreements affecting bargaining units of employees of the University of Wisconsin Hospitals and Clinics Authority and of an employer of a day care provider under s.
111.02 (7) (a) 4., Stats.
ERC 8.02
ERC 8.02 Petition for referendum. ERC 8.02(1)(1)
Who may file. A petition to authorize or determine the continuation of a fair-share or maintenance of membership agreement for a bargaining unit may be filed by the employer or by the exclusive representative of the bargaining unit involved or by anyone acting on behalf of either party.
ERC 8.02(2)(a)(a)
Concerning authorization. A petition to authorize a fair-share or maintenance of membership agreement for a bargaining unit may be filed at any time after an exclusive representative of the bargaining unit involved has been certified.
ERC 8.02(2)(b)
(b)
Concerning continuation. A petition to determine the continuation of a fair-share or maintenance of membership agreement may be filed at any time following the implementation of the fair-share or maintenance of membership agreement involved.
ERC 8.02(3)
(3) Form, number of copies, and filing. The petition shall be in writing on a form provided by the commission, or a facsimile of the commission's form, and shall include the signature or a facsimile of the signature of the party or representative filing the petition. A petition is not filed unless it contains the required signature or signature facsimile and unless and until the petition and the showing of interest in support of the petition required by
s. ERC 8.03 have 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 showing of interest in support of the petition required by
s. ERC 8.03, shall be transmitted to the commission in paper form by physical delivery or mail.
ERC 8.02(4)
(4) Contents. The petition shall include all of the following:
ERC 8.02(4)(a)
(a) The name and address of the employer and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.
ERC 8.02(4)(b)
(b) The name and address of the exclusive representative of the bargaining unit involved, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.
ERC 8.02(4)(c)
(c) A description of the collective bargaining unit involved, and the approximate number of employees in the unit.
ERC 8.02(4)(d)
(d) A description of the fair-share or maintenance of membership agreement involved.
ERC 8.02(4)(e)
(e) The date of execution, the effective date, and the expiration date of the collective bargaining agreement, if any, containing a fair-share or maintenance of membership agreement affecting the bargaining unit involved.
ERC 8.02(4)(f)
(f) A statement to the effect that at least 30% of the employees in the collective bargaining unit involved desire the referendum requested in the petition.
ERC 8.02(4)(g)
(g) The name and address of the petitioner, and the name, address and phone number of the petitioner's principal representative. Fax numbers and e-mail addresses shall be included, if available.
ERC 8.02 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 8.03
ERC 8.03 Showing interest in support of petition. The petition shall be supported by a showing of interest in writing, containing the printed names and signatures of at least 30% of the employees in the bargaining unit involved, the dates on which the signatures were executed, and a statement that the employees signing support the authorization or discontinuation of a fair-share or maintenance of membership agreement requested in the petition.
ERC 8.03 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 8.04
ERC 8.04 Withdrawal of petition. Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission. A motion to withdraw shall be granted unless withdrawal would result in an injustice to any party.
ERC 8.04 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 8.05
ERC 8.05 Commission pre-hearing action on petition. ERC 8.05(1)(1)
Service of petition. Upon receipt of a petition, the commission shall serve a copy of the petition on all interested parties identified in the petition.
ERC 8.05(2)
(2) Determination of showing of interest. Upon receipt of a petition, the commission shall determine the sufficiency of the showing of interest. Practice and procedure for determination of the showing of interest shall be as set forth in
s. ERC 15.07 (2).
ERC 8.05(3)
(3) 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 referendum petition to be undertaken by a commission designee. Practice and procedure for conciliation shall be as set forth in
s. ERC 15.07 (3).
ERC 8.05(4)
(4) Notice of hearing. 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. Practice and procedure regarding a notice of hearing in a referendum proceeding shall be as set forth in
s. ERC 15.07 (4)
ERC 8.06
ERC 8.06 Motions. Practice and procedure regarding motions in referendum proceedings shall be as set forth in
s. ERC 18.06.
ERC 8.07
ERC 8.07 Hearings. Practice and procedure for hearings in referendum proceedings shall be as set forth in
s. ERC 15.09.
ERC 8.08
ERC 8.08 Direction of referendum or other dispositional order. Practice and procedure regarding commission issuance of a direction of referendum or other dispositional order in a referendum proceeding shall be as set forth in
s. ERC 15.10.
ERC 8.09
ERC 8.09 Referendum. Practice and procedure regarding conduct of a referendum shall be as set forth in
s. ERC 15.11.
ERC 8.10
ERC 8.10 Certification of results of referendum. ERC 8.10(1)(1)
When issued. If challenged ballots are insufficient in number to affect the results and no timely objections are filed under
s. ERC 8.11, the commission shall issue to the parties a certification of the results of the referendum.
ERC 8.10(2)(a)(a)
Favoring neither fair-share nor maintenance of membership. Where the certification of the results of a referendum indicates that the required number of employees has not authorized the implementation of, or the continuation of, either a fair-share or maintenance of membership agreement, no fair-share or maintenance of membership agreement shall be implemented and any existing fair-share or maintenance of membership agreement shall be terminated at the termination of the collective bargaining agreement, or 1 year from the date of the certification of result of the referendum, whichever is earlier.
ERC 8.10(2)(b)
(b)
Favoring maintenance of membership but not fair-share. Where the certification of the results of a referendum indicates that the required number of employees has authorized the implementation of, or the continuation of, the maintenance of membership agreement but have not authorized the implementation of, or the continuation of a fair-share agreement, no fair-share agreement shall be implemented. The maintenance of membership agreement in effect, if any, shall be continued in effect, or the maintenance of membership agreement shall take effect 60 days after the date of the certification or on an earlier date agreed upon between the employer and the exclusive representative involved.
ERC 8.10(2)(c)
(c)
Favoring fair-share. Where the certification of the results of a referendum indicates that the required number of employees has authorized the implementation of, or the continuation of a fair-share agreement, the fair-share agreement in effect, if any, shall be continued in effect, or the fair-share agreement shall take effect 60 days after the date of the certification or on an earlier date agreed upon between the employer and the exclusive representative involved.
ERC 8.10 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 8.11
ERC 8.11 Objections to referendum. Practice and procedure for filing objections to the conduct of a referendum shall be as set forth in
s. ERC 15.13.
ERC 8.12
ERC 8.12 Commission action on challenges or objections. Practice and procedure for commission action on challenges or objections in referendum proceedings shall be as set forth in
s. ERC 15.14.
ERC 8.13
ERC 8.13 Petition for rehearing. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. Practice and procedure for filing and processing a petition for rehearing in a referendum proceeding shall be as set forth in
s. ERC 15.15.
