ERC 14.04 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06;
CR 10-019: am. (3) Register June 2010 No. 654, eff. 7-1-10. ERC 14.05
ERC 14.05 Consolidation of proceedings. The commission may consolidate fact-finding proceedings to avoid unnecessary costs, delay, or multiplicity of proceedings or to otherwise serve the purposes of the Municipal Employment Relations Act.
ERC 14.05 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 14.06
ERC 14.06 Certification of results of investigation. ERC 14.06(1)(1)
When issued. After consideration of either the report of the investigator conducting the informal investigation, or the record of the hearing, or both, the commission shall issue a certification of the results of the investigation with respect to whether fact-finding should be initiated.
ERC 14.06(2)
(2) Contents. The certification shall contain findings of fact and conclusions of law concerning the results of the investigation, and it shall include an order initiating fact-finding or dismissing the petition or taking other action that is consistent with the purpose of the Municipal Employment Relations Act.
ERC 14.06(3)
(3) Appointment of fact finder. If the certification requires that fact-finding be initiated, the commission shall submit to the parties the names of 5 members of the commission's ad hoc panel of arbitrators and fact finders described in
ch. ERC 40. Fact finder selection and panel composition shall be as provided in
s. ERC 40.06 (3), with fact finders randomly selected from among the roster members available for service at the time the panel is selected. The commission shall supply the parties with copies of the biographical and fee information on file with the commission regarding each fact finder whose name is supplied to the parties by the commission. Each party, by its authorized representative, shall alternately strike one name from the list until one name remains. The order of proceeding in the selection process shall be determined by lot. The parties shall then advise the commission of the name of the person remaining on the list, and that person shall be appointed by the commission as the fact finder. Alternatively, at the joint request of the parties, the commission shall appoint a 3-member fact-finding board.
ERC 14.06(4)
(4) Service on the parties. A copy of the commission's order appointing the fact finder shall be served, as set forth in
s. ERC 10.07, on the parties and on the appointed fact finder.
ERC 14.06(5)
(5) Fact finder impartiality. The commission shall designate only competent, impartial and disinterested persons to act as fact finders or to be included in a panel of fact finders.
ERC 14.06 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 14.07
ERC 14.07 Hearing before the fact finder. ERC 14.07(1)(1)
Notice of hearing. Following the receipt of notification of an appointment and communications with the parties, the fact finder shall issue and serve on both parties, as set forth in
s. ERC 10.07, a notice of hearing specifying the date, time and place at which the fact-finding hearing shall be conducted.
ERC 14.07(2)
(2) Scope and nature of hearing. The hearing shall be public and for the purpose of gathering information which shall assist the fact finder in reaching recommendations for the resolution of the dispute. Except as otherwise required by commission rules, proceedings before the fact finder shall be conducted in accordance with the ethical standards and procedures set forth in the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes as approved and amended from time to time by the National Academy of Arbitrators, American Arbitration Association and Federal Mediation and Conciliation Service. The Code is available in electronic form on the commission website and in paper form on request from the commission.
ERC 14.07(3)
(3) Hearing procedure. Hearings shall be within the control of the fact finder and shall be conducted as expeditiously as the nature of the dispute shall allow. In conducting the hearing the fact finder has the power to take the following actions:
ERC 14.07 Note
Note: Fact finders may obtain appropriate subpoena forms from the commission's Madison office.
ERC 14.07(4)
(4) Waiver of hearing and brief. With the consent of the fact finder, the parties may agree to waive the convening of a formal hearing or the filing of briefs, or both.
ERC 14.07(5)
(5) Mediation by the fact finder. Nothing in this chapter precludes the fact finder from attempting through mediation to assist the parties in reaching a voluntary settlement of the matters in dispute. Any mediation by the fact finder shall not be open to the public unless mutually agreed by the parties or their representatives.
ERC 14.07 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 14.08
ERC 14.08 Fact-finding recommendations. ERC 14.08(1)(1)
Issuance. After the close of the hearing, the fact finder shall prepare and issue fact-finding recommendations.
ERC 14.08(2)
(2) Contents. The fact-finding recommendations shall contain all of the following:
ERC 14.08(2)(a)
(a) A statement of findings of fact and conclusions on all material issues presented on the record.
ERC 14.08(2)(c)
(c) A memorandum stating the reasons for the fact finder's findings, conclusions and recommended solutions.
ERC 14.08(3)
(3) Service. Upon the completion of the recommendations the fact finder shall serve a copy of the recommendations on each of the parties as set forth in
s. ERC 10.07 and on the commission as set forth in
s. ERC 10.06 (1).
ERC 14.08(4)
(4) Public document when issued. When issued, fact finder recommendations may be made available to the public. Copies may be purchased from the commission's Madison office, and the recommendations may also be available through the commission website and in other commission publications.
ERC 14.08 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 14.09
ERC 14.09 Compensation of fact finder and other costs. The fees and expenses of the fact finder including the rental of hearing rooms, the conduct of the fact-finding hearing, and the preparation of the recommendations, shall be shared equally by the parties. The fees and expenses charged by the fact finder shall not exceed those described in the fact finder's biographical information and fee statement on file with the commission at the time the fact finder's name was supplied to the parties by the commission. Costs of subpoenas and witness fees shall be borne by the party requesting the subpoena or witness. Fees and expenses charged by the reporter, if any, shall be borne equally by the parties if both parties agreed that the hearing would be transcribed. If only one party desires a transcript, that party is solely responsible for the fees and expenses incurred by the reporter and shall provide a copy of the transcript to the fact finder.
ERC 14.09 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 14.10
ERC 14.10 Fact finder's report of fees and expenses. After issuing recommendations or otherwise concluding service to the parties as a fact finder, the fact finder shall transmit to the commission, as set forth in
s. ERC 10.06 (1), a report of the fees and expenses, if any, for which the fact finder charged the parties.
ERC 14.10 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
ERC 14.11
ERC 14.11 Notification of acceptance or rejection of recommendations of the fact finder. ERC 14.11(1)
(1)
Who shall notify; who shall be notified. Each party involved in fact-finding shall notify, in writing, the other parties and the commission of its acceptance or rejection, in whole or in part, of the fact finder's recommendations.
ERC 14.11(2)
(2) Service. The notification shall be served within 30 days of the receipt of the fact finder's recommendations or within a different time period mutually agreed upon by the parties. The notification shall be served on each party as set forth in
s. ERC 10.07. The notification shall be filed with the commission as set forth in
s. ERC 10.06 (1).
ERC 14.11(3)
(3) Contents. The notification shall contain the following:
ERC 14.11(3)(d)
(d) A clear and concise statement as to the acceptance or rejection, in whole or in part, of each recommendation of the fact finder.
ERC 14.11 History
History: CR 02-037: cr.
Register June 2006 No. 606, eff. 7-1-06.
