ERC 71.11 Consequences of failure to achieve support of 51 percent of those eligible to vote in the annual certification election. ERC 71.12 Petition for rehearing. ERC 71.01ERC 71.01 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 May 1, to determine whether collective bargaining representation shall continue for represented municipal sector general nonschool district employees who, as of January 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 January 30 requesting the commission to conduct a secret ballot election to determine whether a minimum of 51 percent 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 for resolving outcome-determinative issues, including which ballots should be counted. 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 May 1. ERC 71.01 HistoryHistory: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14. ERC 71.02(1)(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 January 30, are all of the following: ERC 71.02(1)(c)(c) Not subject to a collective bargaining agreement or subject to a collective bargaining agreement entered into on or after June 29, 2011. ERC 71.02(2)(2) Bargaining units not covered. This chapter does not apply to bargaining units of employees who, as of January 30, are any of the following: ERC 71.02 HistoryHistory: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14. ERC 71.03(1)(1) Who may file. A petition for an annual election to determine whether a represented municipal sector general 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. ERC 71.03(2)(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 sub. (4), contains the required signature or signature facsimile, and has been 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 2 copies of the petition shall be included. If a showing of interest in support of the petition is required by sub. (5), 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). ERC 71.03(3)(3) Service on 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. ERC 71.03(4)(4) Fee schedule. For a bargaining unit of 1 to 100 eligible voters, the petitioning labor organization shall pay the commission a fee of $200. For a bargaining unit of 101 to 250 eligible voters, the petitioning labor organization shall pay the commission a fee of $350. For a bargaining unit of 251 to 500 eligible voters, the petitioning labor organization shall pay the commission a fee of $500. For a bargaining unit of 501 to 1,000 eligible voters, the petitioning labor organization shall pay the commission a fee of $750. For a bargaining unit of 1,001 to 3,000 eligible voters, the petitioning labor organization shall pay the commission a fee of $1,500. For a bargaining unit of more than 3,000 eligible voters, the petitioning labor organization shall pay the commission a fee of $2,000. 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 shall pay the additional fee to the commission or receive a refund, as appropriate. ERC 71.03(5)(5) Showing of interest. No showing of interest is required in support of a petition by the existing representative. A 30 percent 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). ERC 71.03(6)(6) Contents. The petition shall include all of the following: ERC 71.03(6)(a)(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. ERC 71.03(6)(b)(b) The name and address of the municipal employer involved, and the name, address, and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available. ERC 71.03(6)(c)(c) A description of the bargaining unit involved, specifying inclusions and exclusions, as well as the approximate number of personnel in the unit. ERC 71.03(6)(d)(d) A description of the status of the most recent collective bargaining agreement. ERC 71.03(6)(e)(e) The names and addresses of any known labor organizations who either currently represent or claim to represent any of the personnel in the collective bargaining unit. ERC 71.03(6)(f)1.1. Whether the petitioner is currently the exclusive collective bargaining representative for the bargaining unit.