CR 19-037 Proposed Rule Order

STATE OF WISCONSIN

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

The Wisconsin Employment Relations Commission is hereby petitioning the Joint Committee for Review of Administrative Rules to repeal s. ERC 4. pursuant to s. 227.26(4), Wis. Stats.

Analysis Prepared by the Wisconsin Employment Relations Commission

Statutes Interpreted:

Chapter 111, Subchapter 1 – Employment Peace.

Statutory Authority:

s. 111.09(1), Wis. Stats.

Explanation of Agency Authority:

Section 111.09(1), Wis. Stats., provides the Wisconsin Employment Relations Commission with statutory authority to adopt rules relative to the exercise of its powers, govern its proceedings, and regulate the conduct of hearings and elections.

Related Statute or Rule:

None.

Plain language analysis:

Per s. ERC 4.01, ch. ERC 4 governs “the general procedure relating to referenda to authorize or determine the continuation of private sector all-union agreement under s. 111.06(1)(c), Stats.” Section 111.06(1)(c), Wis. Stats. was repealed by 2015 Wisconsin Act 1.

Therefore, the Commission has determined that s. ERC 4 is an unauthorized rule within the meaning of s. 227.26(4)(a), Wis. Stats., and seeks its repeal pursuant to s. 227.26(4), Wis. Stats.

Agency contact person:

Peter G. Davis, Attorney

Wisconsin Employment Relations Commission

2418 Crossroads Drive, Suite 1000

Madison, WI 53718-7896

608-243-2421

[e-mail]

TEXT OF RULE

Section 1. s. ERC 4 is repealed.

Section 2. EFFECTIVE DATE. The repeal shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22(2) (intro.), Stats.