Small Business Impact
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed no smoking rules will apply to enclosed indoor areas of places of employment and public buildings owned or leased by any business.
Reporting, bookkeeping and other procedures required for compliance with the rules.
No reporting, bookkeeping or other procedures are required for compliance with the rules.
Types of professional skills necessary for compliance with the rules.
No types of professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
None are anticipated.
Agency Contact Person
James Quast, Program Manager
Phone: (608) 266-9292
Notice of Hearing
Employment Relations Commission
NOTICE IS HEREBY GIVEN that pursuant to ss.
111.09,
111.71,
111.935 (2),
111.94,
111.9993,
227.11 and
227.24, Stats., and interpreting the Wisconsin Employment Peace Act (WEPA), the Municipal Employment Relations Act (MERA), the State Employment Labor Relations Act (SELRA) and the University of Wisconsin System Faculty and Academic Staff Labor Relations Act (FASLRA), the Wisconsin Employment Relations Commission will hold a public hearing to consider the amendment and creation of rules implementing
2009 Wisconsin Act 28 amendments to WEPA, MERA and SELRA and creation of FASLRA.
Hearing Information
The hearing will be held:
March 11, 2010 Employment Relations Commission
10:00 a.m. Conference Room
1457 East Washington Avenue
Madison, Wisconsin
The hearing site is accessible to people with disabilities.
Copies of Proposed Rules
Submittal of Written Comments
Written comments should be received on or before March 22, 2010 by the Wisconsin Employment Relations Commission by email:
(PeterG.Davis@wisconsin.gov.) fax: (608-266-6930) or mail sent to 1457 East Washington Avenue, Madison, Wisconsin 53707.
Analysis Prepared by the Wisconsin Employment Relations Commission
Statutes interpreted
These proposed administrative rules interpret various provisions of
2009 Wisconsin Act 28 specifically including ss.
111.02 (6) (am),
111.02 (7) (a) (intro.),
111.02 (7) (a) 4,
111.02 (7m),
111.02 (9m) (intro.),
111.02 (9m) (b),
111.02 (10m),
111.05 (2),
111.05 (7),
111.70 (1) (a),
111.70 (1) (b),
111.70 (1) (j),
111.70 (1) (ne),
111.70 (3) (a) 4,
111.70 (3p),
111.70 (4) (cm) 5,
111.70 (4) (cm) 5s,
111.70 (4) (cm) 6. a,
111.70 (4) (cm) 6. am,
111.70 (4) (cm) 7,
111.70 (4) (cm) 7g,
111.70 (4) (cm) 7r. (intro.),
111.70 (4) (cm) 8m,
111.70 (4)(d) 2. a,
111.70 (4) (m) 6,
111.81 (3h),
111.81 (7) (g),
111.81 (9k),
111.81 (17m),
111.815 (1) and
(2),
111.825 (2) (g),
(h) and
(i),
111.825 (2g),
111.825 (3),
111.825 (4),
111.83 (1),
111.83 (5m),
111.84 (2) (c),
111.905,
111.91 (1) (cg),
111.91 (2) (n),
111.91 (2) (nm),
111.91 (2c),
111.91 (1) (a),
111.92 (2m),
111.935 and
111.95-
111.9993.
Statutory authority
Explanation of agency authority
The Wisconsin Employment Peace Act, the Municipal Employment Relations Act, the State Employment Labor Relations Act and the University of Wisconsin System Faculty and Academic Staff Labor Relations Act all require that the Commission adopt administrative rules to regulate various proceedings.
Related statute or rule
None.
Plain language analysis
The Wisconsin Employment Relations Commission has reviewed its rules concerning procedures in the administration of the following portions of Chapter
111, Stats., for the purposes of correcting errors in its comprehensive 2006 rules review and revision, amending or creating new rules concerning changes Subchapters I, IV and V, and creating new rules concerning the newly-created Subchapter VI. Those Subchapters consist of the following Acts:
Subchapter I — the (Wisconsin) Employment Peace Act (WEPA)
Subchapter IV — the Municipal Employment Relations Act (MERA)
Subchapter V — the State Employment Labor Relations Act (SELRA)
Subchapter VI — the University of Wisconsin System Faculty and Academic Staff Labor Relations Act (FASLRA)
Overall Objectives
The overall objectives of the proposed rules are:
•
correcting errors/omissions made during the comprehensive 2006 rules review/revision
•
conforming to changes in WEPA, MERA and SELRA
•
establishing procedures concerning the newly-created FAFSRA.
•
removing internal inconsistencies
Changes Common To All Or Many Chapters
The newly-created ch.
ERC 34 closely parallels ch.
ERC 32, with numerous references to the corresponding sections of ch.
ERC 32.
Chs.
ERC 60-
68 concerning the newly-enacted FASLRA replicate the corresponding chapters in the SELRA rules in chs.
20-
28. Accordingly, as in the 2006 review/revision, an effort has been made, wherever possible, to maintain parallelism among the chapters concerning parallel subject areas under WEPA, MERA, SELRA and FASLRA. To avoid unnecessary repetition, references to parallel provisions elsewhere in the rules have been utilized instead of repeating parallel text. In general, MERA rules have been referenced in the WEPA, SELRA and FASLRA chapters instead of repeating the parallel text. References to the hearing procedures in ch.
ERC 18 have been utilized extensively throughout the rules.
Numerous references to “practice and procedures" have been changed to “practice and procedure" so that the usage of that phrase is uniform throughout the rules.
Changes Specific To Particular Chapters
Giving effect to revisions of the definitions of fair share and maintenance of membership agreements in ss.
111.02 (7m) and
(9m), Stats., respectively, s.
ERC 8.01 and the title of ch.
ERC 8 have been revised to make that existing chapter regarding fair share and maintenance of membership referenda applicable to a s.
111.02 (7) (a), Stats., employer of day care providers.
Correcting an error in s.
ERC 12.02 (6) (b) 4., that section regarding the contents of a complaint case notice of hearing has been revised so that it conforms with the existing requirement in s.
ERC 12.03 (1) that each respondent shall file an answer.
Under the newly-enacted ss.
111.935, Stats., the new ch.
ERC 29 provides a procedure by which a labor organization can attain certification as the exclusive collective bargaining representative of a bargaining unit of research assistants (newly-defined in s.
111.81 (7m), Stats.), by means of a WERC administrative determination based on employee-signed authorization cards, in lieu of a secret ballot election. The new ch.
ERC 29 has been generally patterned after the representation election procedures in ch.
ERC 13. However, because there is no other Wisconsin labor relations provision for an authorization card majority based determination of representative, the new chapter includes a variety of new and unique elements:
•
The new procedure has been structured as a separate chapter onto itself, rather than included in the SELRA representation elections chapter, ch.
ERC 23.
•
Consistent with the language of s.
111.935, Stats., that once a card majority is determined “the collective bargaining unit is established", the new procedure is made available only with regard to bargaining units that are currently unrepresented (e.g., Section title, s.
ERC 29.01).
•
The new procedure is an optional alternative to a secret ballot election, not a preclusive replacement of the secret ballot election procedure. (e.g., ss.
ERC 29.01; see also, s.
ERC 29.07 (4)).
•
A labor organization is permitted to file both a petition under the new procedure and a petition for secret ballot election regarding the same bargaining unit. (s.
ERC 29.02 (4) (b)).
•
The processing of a petition filed under the new procedure will take precedence over the processing of a petition for secret ballot election regarding the same bargaining unit filed by the same labor organization or by a competing labor organization. (s.
ERC 29.07 (4)).
•
Specific time and content standards for authorization card validity are included. A petition must be supported by authorization cards signed by a majority of the employees in the bargaining unit when the petition was filed. To be valid, authorization cards are to include the employee name and department, employee signature, and the date, time and location of signature; must contain the statutory definition of the bargaining unit involved; and must contain statements reflecting that the employee favors representation by the named labor organization, that the card was signed freely and without coercion, that the card is in effect for one year and not revocable, but that the employee is permitted to sign another such card in support of a different labor organization; and the card must have been signed by the employee within one year prior to the date of filing of the petition. (s.
ERC 29.02 (3) and
29.04 (2)).
•
Specific provisions govern the effect of the filing of a competing labor organization's petition for card-based certification regarding the same bargaining unit as to which another labor organization's earlier such petition is pending. If the petitions are filed within 10 days of one another, both will be processed and a secret ballot election will be conducted in the unlikely event that both petitions are determined to have majority card support. A petition filed more than 10 days after the filing of an earlier petition regarding the same unit, will not be processed until the processing of the earlier petition is completed, and then only if the earlier petition is dismissed. (s.
ERC 29.07 (3)).
•
Gives certification based on authorization card majority the same effect as a certification based on secret ballot election. (s.
ERC 29.07 (5)).
•
Provides for WERC release of the numbers of bargaining unit employees and of valid cards counted. (s.
ERC 29.04 (2) (b)).
•
Specifies that post-determination objections procedures are available regarding objections to the conduct of the WERC-s administrative determination as to the existence of an authorization card majority or to conduct affecting the results of the WERC's determination. (s.
ERC 29.05).
•
Prohibits disclosure of the cards or the names of employees signing cards unless objections cannot be fairly resolved without such disclosure. (s.
ERC 29.06 (1)).
In response to the
2009 Act 28 repeal of the Qualified Economic Offer and replacement of special provisions regarding bargaining units of school district professional employees with special provisions regarding bargaining units of all school district employees, a new ch.
ERC 34 has been created to cover all school district employee bargaining units, and the titles and scope sections of chs.
ERC 32 and
33 have been amended. As a result, chs.
ERC 32 and
34 will be the chapters generally applicable as regards disputes involving non-school district and school district employee bargaining units, respectively, with chs.
ERC 33 and
33 Appendix applying only to petitions concerning school district professional employee collective bargaining agreements covering periods ending June 30, 2009. (ss.
ERC 32.01,
33.01, and ch.
ERC 34).
Chapters
ERC 40 regarding the ad hoc roster and 50 regarding labor-management cooperation services have been updated to include references to the newly-enacted FASLRA. (ss.
ERC 40.01 and
50.01).
New chs.
ERC 60-
68 have been created to provide procedures relating to the newly-enacted FASLRA. Because FASLRA parallels SELRA in many respects, the new chapters replicate the corresponding existing chs.
ERC 30-
38 concerning SELRA procedures.
Comparison with federal regulations
None.
Comparison with rules in adjacent state labor relations agencies
See the Table on following pages.
Summary of factual data and analytical methodologies
Not applicable.
