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 Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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.
