Wisconsin Legislature: Register478B

Hearing Information

The public hearings will be held:

November 17, 1995 3rd Floor Conference Room

Friday Employ. Rel. Commission

At 10:00 a.m. 14 West Mifflin St.

MADISON, WI

November 21, 1995 Conference Room

Tuesday Marathon Co. Courthouse

At 10:00 a.m. 500 Forest St.

WAUSAU, WI

Written Comments

In addition to or instead of verbal testimony at the public hearings, written material may be submitted to:

Wis. Employment Relations Commission

14 West Mifflin Street, Suite 200

Madison, WI

Written material must be submitted on or before on or before November 30, 1995.

Analysis

The Wisconsin Employment Relations Commission proposes an order to amend ss. ERC 2.02 (1) (d), 10.08 (4), 10.13 (5), 12.02 (2) (e), 20.08 (4), 20.13 (5); and to create ss. ERC 1.06, 10.21 and 20.21, relating to fees for complaints, grievance arbitration, mediation, fact-finding, interest arbitration and transcripts.

Sections 3786e, 3786s, 3803d, 3803t, 3843e, 3843s and 9120 (3g) of 1995 Wis. Act 27 require that the Commission promulgate rules establishing a schedule of filing fees and transcript fees to be paid in the following circumstances:

1. When a complaint is received alleging that an unfair labor practice has been committed under s. 111.06 or 111.84, Stats., or that a prohibited practice has been committed under s. 111.70 (3), Stats.

2. When a request is received asking that the Commission or its staff act as a grievance arbitrator under s. 111.10, 111.70 (4) (c) 2. or (cm) 4., or 111.86 (1), Stats.

3. When a request is received asking that the Commission initiate fact-finding under s. 111.70 (4) (c) 3 or 111.88, Stats.

4. When a request is received asking that the Commission or its staff act as a mediator under s. 111.11, 111.70 (4) (c) 1, or 111.87, Stats.

5. When a request is received asking that the Commission initiate interest arbitration under s. 111.70 (4) (jm) or 111.77 (3), Stats.

6. When a party requests a transcript of a Commission proceeding.

Text of Rule

SECTION 1. ERC 1.06 is created to read:

ERC 1.06 Fees. (1) COMPLAINTS. At the time a complaint is received alleging that an unfair labor practice has been committed under s. 111.06, the complaining party or parties shall pay the commission a filing fee of $25. The complaint is not filed until the fee is paid.

(2) GRIEVANCE ARBITRATION. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s. 111.10, the parties to the dispute shall each pay the commission a filing fee of $125.

(3) MEDIATION. At the time a request is received asking the commission or its staff to act as a mediator under s. 111.11, the parties to the dispute shall each pay the commission a filing fee of $125.

(4) TRANSCRIPTS. Any party requesting the commission to provide a transcript of a commission proceeding shall pay a fee of $5.00 per page or the actual per page fee of the court reporter, whichever is less.

SECTION 2. ERC 2.02 (1) (d) is amended to read:

(d) A statement that the filing fee established by s. 111.09 (2), Stats., ERC 1.06 (1) accompanies the complaint.

SECTION 3. ERC 10.08 (4) is amended to read:

(4) COMPLETION OF FILING. Papers required by s. 111.70, Stats., this chapter, chs. ERC 11, 12, 13, 14, 15, 16, 17, 18, 30 and 31, or order of the commission, to be filed with the commission, its agent, a fact finder, an arbitrator or with a mediator-arbitrator, shall be deemed filed upon actual receipt at the place specified for such receipt before the close of business. Papers received after the last day of the time allowed for such filing will not be accepted as timely filed unless good cause be shown warranting waiver, in which case the commission, its agent, a fact finder, an arbitrator or the mediator-arbitrator, as the case may be, may upon receipt, deem the document filed at the time it was deposited in the United States mail or with a telegraph office, except that if a filing fee established by s. 111.71 (2), Stats., ERC 10.21 is required to initiate a proceeding before the commission, the papers shall be deemed to be filed on the date on which the filing fee is received in the offices of the commission.

SECTION 4. ERC 10.13 (5) is amended to read:

(5) TRANSCRIPTS, OTHER THAN IN FACT FINDING IN MUNICIPAL EMPLOYMENT. Hearings shall be stenographically transcribed. by the official reporter of the commission. Such transcripts shall be the sole official transcript. In prohibited practice cases the commission shall furnish one copy of the transcript to each of the parties. In election cases the commission may furnish one copy of the transcript to each of the parties. Copies of transcripts which are furnished to the parties will be furnished at no cost to them.

SECTION 5. ERC 10.21 is created to read:

ERC 10.21 Fees. (1) COMPLAINTS. At the time a complaint is received alleging that a prohibited practice has been committed under s. 111.70 (3), the complaining party or parties shall pay the commission a filing fee of $25. The complaint is not filed until the fee is paid.

(2) GRIEVANCE ARBITRATION. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s. 111.70 (4) (c) 2. or (cm) 4., the parties to the dispute shall each pay the commission a filing fee of $125.

(3) MEDIATION. At the time a request is received asking the commission or its staff to act as a mediator under s. 111.70 (4) (c) 1., the parties to the dispute shall each pay the commission a filing fee of $125.

(4) FACT-FINDING. At the time a request is received asking the commission to initiate fact-finding under s. 111.70 (4) (c) 3, the parties to the dispute shall each pay the commission a filing fee of $125, except that if the parties have previously paid a mediation filing fee for the same dispute under ERC 10.21 (3), no fee shall be paid.

(5) INTEREST ARBITRATION. At the time a request is received asking the commission to initiate interest arbitration under s. 111.70 (4) (jm) or 111.77 (3), the parties to the dispute shall each pay the commission a filing fee of $125, except that if the parties have previously paid a mediation filing fee for the same dispute under ERC 10.21 (3), no fee shall be paid.

(6) TRANSCRIPTS. Any party requesting the commission to provide a transcript of a commission proceeding shall pay a fee of $5.00 per page or the actual per page fee of the court reporter, whichever is less.

SECTION 6. ERC 12.02 (2) (e) is amended to read:

(e) A statement that the filing fee established by s. 111.71 (2), Stats., ERC 10.21 (1) accompanies the complaint.

SECTION 7. ERC 20.08 (4) is amended to read:

(4) COMPLETION OF FILING. Papers required by subch. V, ch. 111, Stats., this chapter, ch. ERC 21, 22, 23, 24, or 25, or order of the board, to be filed with the commission, or its agent, an arbitrator, or a fact finder, shall be deemed filed upon actual receipt at the place specified for such receipt before the close of business. Papers received after the last day of the time allowed for such filing will not be accepted as timely filed unless good cause be shown warranting waiver, in which case the commission, arbitrator or fact finder, as the case may be, may, upon receipt, deem the document filed at the time it was deposited in the United States mail or with a telegraph office, except that if a filing fee established by s. 111.94 (2), Stats., ERC 20.21 is required to initiate a proceeding before the commission, the papers shall be deemed to be filed on the date on which the filing fee is received in the offices of the commission.

SECTION 8. ERC 20.13 (5) is amended to read:

SECTION 9. ERC 20.21 is created to read:

ERC 20.21 Fees. (1) COMPLAINTS. At the time a complaint is received alleging that an unfair labor practice has been committed under s. 111.84, the complaining party or parties shall pay the commission a filing fee of $25. The complaint is not filed until the fee is paid.

(2) GRIEVANCE ARBITRATION. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s. 111.86, the parties to the dispute shall each pay the commission a filing fee of $125.

(3) MEDIATION. At the time a request is received asking the commission or its staff to act as a mediator under s. 111.87, the parties to the dispute shall each pay the commission a filing fee of $125.

(4) FACT-FINDING. At the time a request is received asking the commission to initiate fact-finding under s. 111.88, the parties to the dispute shall each pay the commission a filing fee of $125, except that if the parties have previously paid a mediation filing fee for the same dispute under s. ERC 20.21 (3), no fee shall be paid.

(5) TRANSCRIPTS. Any party requesting the commission to provide a transcript of a commission proceeding shall pay a fee of $5.00 per page or the actual per page fee of the court reporter, whichever is less.

Initial Regulatory Flexibility Analysis

Small businesses that receive grievance arbitration or mediation services from the Wisconsin Employment Relations Commission or that wish to receive a transcript of a Commission proceeding will be obligated to pay the fees established by the proposed rules.

Payment of the fees will not require any professional skills or any additional reporting or bookkeeping procedures.

Fiscal Estimate

The proposed rules:

1) Establish a filing fee of $250 per case for mediation, interest arbitration and fact-finding;

2) Increase an existing filing fee for grievance arbitration from $25 to $250; and

3) Maintain an existing $25 filing fee for unfair labor practice or prohibited practice complaints.

By statute, the filing fee for complaints is to be paid by the filing party while the costs of the filing fees for mediation, itnerest arbitration, fact-finding and grievance arbitration cases are to be shared equally by the employer and union.

For the fiscal years beginning 1987-1988 and ending 1993-1994, the Commission received an average of 1,541 cases per year (673 mediation, fact-finding and interest arbitration cases, 711 grievance arbitration cases and 157 complaint cases) which are subject to the filing fees. However, for fiscal year 1994-1995, the Commission received 1,398 cases (525 mediation, fact-finding and interest arbitration cases, 696 grievance arbitration cases and 177 complaint cases) which are subject to the fees. Counties, villages, towns, school districts, VTAE (TCS) districts or sewerage districts were parties to 510 of the mediation, interest arbitration and fact-finding cases and 575 of the grievance arbitration cases.

For the purposes of this fiscal estimate as to filing fees, the Commission assumes that its case filing experience during fiscal year 1994-1995 will continue. If the Commission does not receive the anticipated statutory authority to collect filing fees for s. 111.70 (4) (cm) 6, Stats., interest arbitration or if the filing fees have the effect of reducing the number of cases the Commission receives, the revenue generated by the fees will decrease.

Given the foregoing assumptions, the Commission's proposed filing fee rules would have the following fiscal impacts:

ANTICIPATED STATE REVENUE FISCAL EFFECT

PROGRAM REVENUE GENERATED

(The existing $25 filing fees for complaint and grievance arbitration cases are deposited as general purpose revenue-earned. Effective January 1, 1996, fees for complaint and grievance arbitration cases are to be deposited as program revenue. Thus, the Commission's general program revenue for January 1, 1996 to June 30, 1996 will decrease by $10,900 and for July 1, 1996 to June 30, 1997 will decrease by $21,825.)

January 1, 1996 to June 30, 1996:

1/2 of 696 = 348 x $250 = $ 87,000

1/2 of 525 = 262 x $250 = $ 65,500

1/2 of 177 = 88x $ 25 = $ 2,200

$154,700

July 1, 1996 to June 30, 1997:

696 x $250 = $174,000

525 x $250 = $131,250

177 x $ 25 = $ 4,425

$309,675

ANTICIPATED LOCAL GOVERNMENT FISCAL LIABILITY

January 1, 1996 to June 30, 1996:

1/2 of 575 = 287 x 1/2 of $250 = $ 35,875