Chapter 7315 - Independent Review Rules
7315.0210 Scope.
7315.0300 Policy.
7315.2300 Request For Rehearing.
7315.2400 Petition For Rehearing.
7315.2500 Consideration.
7315.2600 Determination.
7315.2700 Notice Of Rehearing.
7315.2800 Rehearing Procedure.
7315.2900 Decision After Rehearing.
Michigan Public Employment Relations Commission
Michigan Rules
R 423.101 - 423.499 - General Rules
Part 1. General Provisions
Part 2. Mediation Of Labor Disputes
Part 3. Fact Finding
Part 4. Representation Proceedings.
Part 5. Unfair Labor Practice Charges
Part 6. Motion Practice
Part 7. Hearings
Part 8. Filing And Service Of Documents
Part 9. Notice Of Public School Strike Or Lockout
R 423.501 - 423.514 Administration Of Compulsory Arbitration Act For Labor Disputes In
Municipal Police And Fire Departments
Iowa Public Employment Relations Board
Iowa Rules [621]
Chapter
1 General Provisions
Chapter
2 General Practice And Hearing Procedures
Chapter
3 Prohibited Practice Complaints
Chapter
4 Bargaining Unit And Bargaining Representative Determination
Chapter
6 Negotiations And Negotiability Disputes
Chapter
7 Impasse Procedures
Chapter
8 Internal Conduct Of Employee Organizations
Chapter
9 Administrative Remedies
Chapter
10 Declaratory Orders
Chapter
11 State Employee Appeals Of Grievance Decisions And Disciplinary Actions
Illinois Labor Relations Board
Title 80: Public Officials And Employees
Subtitle C: Labor Relations
Chapter IV: Illinois Labor Relations Board
Part 1200 General Procedures
Part 1210 Representation Proceedings
Part 1220 Unfair Labor Practice Proceedings
Part 1230 Impasse Resolution
Part 1240 Police Officer Decertification Proceedings
Illinois Educational Labor Relations Board
Title 80: Public Officials and Employees
Subtitle C: Labor Relations
Chapter III: Illinois Educational Labor Relations Board
Part 1100 General Procedures
Part 1105 Hearing Procedures
Part 1110 Representation Procedures
Part 1120 Unfair Labor Practice Proceedings
Part 1125 Fair Share Fee Objections
Part 1130 Collective Bargaining And Impasse Resolution
Part 1135 University Of Illinois Bargaining Units
Summary of factual data
Not applicable.
Initial Regulatory Flexibility Analysis
The emergency rules and proposed rules have no impact on small business.
Fiscal Estimate
Because the filing fees applicable to the annual certification elections are paid by the labor organizations seeking the elections, the emergency rules and proposed rules have no fiscal impact on any public or private sector employer or on the State of Wisconsin.
Economic Impact Analysis
The emergency rules and proposed permanent rules do not have an economic impact on businesses, local governmental units, or individuals. The rules do not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the state. The rules provide the benefit of advising affected labor organizations and public sector employers as to how the Commission will conduct the elections mandated by the Legislature. Without the rules, the affected parties would have to guess as to how the elections would be conducted, what the level of the filing fee mandated by
2011 Wisconsin Act 32 will be, and who is obligated to pay said fee. There are no equivalent approaches available for comparison in the federal sector or contiguous states.
Agency Contact Person
Peter G. Davis
Chief Legal Counsel
(608) 243-2421
Text of Proposed Rule
ANNUAL CERTIFICATION ELECTIONS FOR REPRESENTED MUNICIPAL SECTOR GENERAL SCHOOL DISTRICT EMPLOYEES WHO, AS OF AUGUST 30 ARE NOT SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT OR ARE SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO ON OR AFTER JUNE 29, 2011.
ERC 70.01 Policy. This chapter implements the portion of s.
111.70 (4) (d) 3. b., Stats., requiring the commission to conduct an annual election, no later than December 1, to determine whether collective bargaining representation shall continue for represented municipal sector general school district employees who, as of August 30, are not subject to a collective bargaining agreement or are subject to a collective bargaining agreement entered into on or after June 29, 2011. The existing exclusive representative of such employees that wishes to continue said representation, or any other labor organization interested in representing such employees must file a petition on or before August 30 requesting the commission to conduct a secret ballot election to determine whether at least 51% of the bargaining unit employees eligible to vote favor collective bargaining representation by the petitioner or another petitioning labor organization. If no timely petition is filed, the result is the same as if only the existing representative filed a timely petition and the election resulted in decertification of the existing representative. The procedures in this chapter are intended to expedite the processing of a petition so that the ballots are cast as soon as possible following the filing of the petition, while providing for an orderly and fair procedure after the ballots have been cast for resolving outcome-determinative issues concerning which ballots should be counted and any other potentially outcome-determinative issues. Once a timely petition has been filed, an existing representative's exclusive representative status is not adversely affected if the balloting is not concluded or the results of the election are not certified on or before December 1.
ERC 70.02 Scope (1) Bargaining units covered. This chapter applies only to bargaining units of general municipal employees as defined in s.
111.70 (1) (fm), Stats., who, as of August 30, are all of the following:
(a) School district employees.
(b) Represented by an exclusive representative.
(c) Not subject to a collective bargaining agreement or subject to a collective bargaining agreement entered into on or after June 29, 2011.
(2) Bargaining units not covered. This chapter does not apply to bargaining units of employees who, as of August 30, are any of the following:
(c) Nonschool district employees.
ERC 70.03 Petition for election. (1) Who may file. A petition for an annual election to determine whether a represented municipal sector general school district employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed by the exclusive representative of a bargaining unit to which this chapter applies or by any other labor organization interested in representing the bargaining unit.
(2) Form. 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 is accompanied by the applicable fee established by s.
ERC 70.03 (4), contains the required signature or signature facsimile and has 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 two copies of the petition shall be included. If a showing of interest in support of the petition is required by sub. (3), the showing of interest shall be transmitted to the commission in paper form by physical delivery or mail. A petition requiring a showing of interest is not filed until both the petition and the showing of interest have been received by the commission at its Madison office during normal business hours specified in s.
ERC 10.06 (1).
(3) Service on a municipal employer. At the same time the labor organization files a petition for election with the commission, it shall electronically serve a copy of the petition on the municipal employer of the employees the labor organization currently represents or wishes to represent.
(4) Fee schedule. For a bargaining unit of 1-100 eligible voters, the petitioning labor organization shall pay the commission a fee of $200. For a bargaining unit of 101-250 eligible voters, the petitioning labor organization shall pay the commission a fee of $350. For a bargaining unit of 251-500 eligible voters, the petitioning labor organization shall pay the commission a fee of $500. For a bargaining unit of 501-1000 eligible voters, the petitioning labor organization shall pay the commission a fee of $750. For a bargaining unit of 1001-3000 eligible voters, the petitioning labor organization shall pay the commission a fee of $1500. For a bargaining unit of more than 3000 eligible voters, the petitioning labor organization shall pay the commission a fee of $2000. The fee shall be transmitted to the commission by physical delivery or mail. If more than one labor organization files an election petition, each labor organization shall pay its proportionate share of the fee. If the number of eligible voters determined by the commission differs from the number asserted in the petition and results in a change in the applicable fee amount, the petitioning labor organization(s) shall pay the additional fee to the commission or receive a refund, as appropriate.
(5) Showing of interest. No showing of interest is required in support of a petition by the existing representative. A 30% showing of interest is required in support of a petition by any other interested labor organization, regardless of whether any other petition has been filed. Practice and procedure for submission and determination of the showing of interest shall be as set forth in s.
ERC 11.05 (2).
(6) Contents. The petition shall include all of the following:
(a) The name, address and affiliation, if any, of the petitioner, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.
