ERC 11.05(4)(a)(a)
When issued. 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.
ERC 11.05(4)(b)
(b)
Contents. The notice of hearing shall include all of the following:
ERC 11.05(4)(b)1.
1. A statement of the time, place, and nature of the hearing, including a statement that the election proceeding is a class 1 proceeding as defined in s.
227.01 (3) (a) to
(c), Stats. Unless the parties have agreed otherwise or unless the commission or examiner finds that an emergency requires otherwise, the hearing shall be held not less than 10 days after the notice of hearing is served. The hearing may be rescheduled in the manner prescribed in
s. ERC 18.06 (2) (d).
ERC 11.05(4)(b)2.
2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
ERC 11.05(4)(b)3.
3. A statement that the purpose of the hearing is to determine whether the unit described in the petition is an appropriate unit, and, if so, to determine the issues, if any, with respect to whether there exists a question of representation or unit determination among the eligible personnel in that unit.
ERC 11.05(4)(b)4.
4. A statement that all parties are required to have with them for examination at the hearing any contract or correspondence between the municipal employer and any labor organization or person representing any of the personnel of the municipal employer relating to the representation of the municipal employer's personnel.
ERC 11.05(4)(b)5.
5. A statement that the municipal employer is required to have for examination at the hearing an organizational chart, if any, setting forth its entire organizational structure and a list setting forth the names of all the personnel, and their classifications or positions in the employ of the municipal employer.
ERC 11.05 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 11.06
ERC 11.06 Motions. Practice and procedure regarding motions in election proceedings shall be as set forth in
s. ERC 18.06.
ERC 11.07
ERC 11.07 Hearings. Practice and procedure regarding hearings in election proceedings shall be as set forth in
s. ERC 18.08.
ERC 11.08
ERC 11.08 Direction of election or other dispositional order. As soon as possible after submission of the case, the commission shall, in writing, either direct an election, dismiss the petition, or make other orders regarding the disposition of the petition or stipulation. In cases where the commission is directing an election, the direction shall establish the date on or before which an employee shall have been employed to be eligible to vote. In cases where the commission is resolving issues of fact or law, the commission's order shall be accompanied by its findings of fact and conclusions of law, and may be made available to the public through the commission website and in other commission publications.
ERC 11.08 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 11.09(1)
(1)
Nature of balloting; by whom conducted; extension of time to conduct. All elections shall be conducted by secret ballot and under the supervision of the commission. The commission shall determine on a case by case basis whether balloting shall be conducted on-site or by mail. The time within which the commission has directed an election to be conducted may be extended by the commission.
ERC 11.09(2)
(2) Notice of election. The municipal employer shall post notices to personnel concerning the election and the commission's policy on absentee ballots, at times, locations and in a form specified by the commission.
ERC 11.09(3)
(3) Observers. Any party may be represented by observers, selected in accordance with limitations, if any, established by the commission.
ERC 11.09(4)
(4) Challenge of voters. Any observer or commission agent conducting the election may challenge, for good cause, the eligibility of any person to vote in the election. The challenged ballots shall be impounded without being opened or counted.
ERC 11.09(5)
(5) Count and tally of ballots. Upon the conclusion of the election, the ballots shall be counted in the presence of the parties or their observers, and the commission agent conducting the election shall furnish a tally of ballots to the parties.
ERC 11.09(6)
(6) Inconclusive elections. When more than one proposed representative appears on the ballot and the results are inconclusive, the commission, on request of any party, may conduct a run-off election as provided in s.
111.70 (4) (d) 4., Stats. A request for a runoff election shall be made within 30 days from the date of the certification of the results of the election.
ERC 11.09 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 11.10
ERC 11.10 Certification of results of election. If challenged ballots are insufficient in number to affect the results, and no run-off election is needed, and no timely objections are filed under
s. ERC 11.11, the commission shall issue to the parties a certification of the results of the election.
ERC 11.10 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 11.11(1)
(1)
Filing; form; copies. Within 8 days after receiving the tally of ballots, any party may file with the commission objections to the conduct of the election or conduct affecting the results of the election. Objections shall be in writing and shall include the signature or a facsimile of the signature of the party or representative filing the objections. The objections shall contain a brief statement of facts upon which the objections are based. A statement of objections is not filed unless it contains the required signature or signature facsimile and unless and until it has been actually received by the commission at its Madison office during normal business hours specified in
s. ERC 10.06 (1). The objections shall be transmitted to the commission as set forth in
s. ERC 10.06 (1). If the objections are filed in paper form, a total of 2 copies of the objections shall be included.
ERC 11.11(2)
(2) Service on other parties. The party filing objections shall, at the same time, serve each of the other parties with a copy as set forth in
s. ERC 10.07.
ERC 11.11 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 11.12
ERC 11.12 Commission action on challenges or objections. ERC 11.12(1)(1)
Hearing. If ballot challenges potentially affecting the election outcome or objections raise a substantial question which cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning the issues to be resolved. Practice and procedure for hearings on challenges or objections shall be as set forth in
ss. ERC 18.06 to
18.08.
ERC 11.12(2)
(2) After hearing. As soon as possible after submission of the case, the commission shall, in writing, either sustain or overrule each challenge or objection.
ERC 11.12(2)(a)
(a) If the commission directs that challenged ballots be opened and counted, the ballots shall be opened and counted, and the commission shall issue a revised tally and a certification of election results.
ERC 11.12(2)(b)
(b) If the commission sustains one or more objections, it may direct a new election to be held at a time and under conditions specified by the commission.
ERC 11.12(2)(c)
(c) If the commission overrules all objections, it shall promptly issue a certification of the election results.
ERC 11.12 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06;
CR 10-019: am. (1) Register June 2010 No. 654, eff. 7-1-10. ERC 11.13
ERC 11.13 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 shall be as set forth in
s. ERC 18.11.
