ERC 80.12   Petition for rehearing.
ERC 80.01ERC 80.01Policy. This chapter implements the portion of s. 111.83 (3) (b), Stats., requiring that the commission conduct an annual election no later than December 1, to determine whether collective bargaining representation shall continue for represented state sector general employees who, as of September 15, 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 September 15 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 December 1.
ERC 80.01 HistoryHistory: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.
ERC 80.01 NoteNote: In Association of State Prosecutors v. Employment Relations Commission, Milwaukee County Circuit Court Consolidated Case Nos. 14-CV-9307, 14-CV-9658, 15-CV-0501, 15-CV-0328, 15-CV-0329 a Declaratory Judgment under s. 227.40, Stats was entered providing as follows:
ERC 80.01 NoteTHIS COURT ISSUES A DECLARATORY JUDGMENT that Wisconsin Employment Relations Commission exceeded its statutory authority in promulgating the Chapter ERC 70 and 80 requirement that an existing exclusive representative must file a Petition in order to qualify for a recertification election under Wis. Stat. ss. 111.83 (3)(b) and 111.70 (4) (d) 3. b.
ERC 80.01 NoteTHIS COURT ISSUES A DECLARATORY JUDGMENT under Wis. Stat s. 227.40 (4) (a) that those provisions in Chapter ERC 70 and 80 requiring an existing exclusive representative to file a Petition in order to qualify for a recertification election are invalid.
ERC 80.01 NoteNote: The decision noted above was affirmed by the Court of Appeals in Wisconsin Association of State Prosecutors v. Wisconsin Employment Relations Commission, 2016 WI App 85. The decision of the Court of Appeals was reversed by the Supreme Court in 2018 WI 17.
ERC 80.02ERC 80.02Scope.
ERC 80.02(1)(1)Bargaining units covered. This chapter applies only to bargaining units that are all of the following:
ERC 80.02(1)(a)(a) General state employee bargaining units as defined in s. 111.825, Stats.
ERC 80.02(1)(b)(b) Represented by an exclusive representative.
ERC 80.02(2)(2)Bargaining units not covered. This chapter does not apply to bargaining units of any of the following:
ERC 80.02(2)(a)(a) Public safety employees as defined in s. 111.81 (15r), Stats.
ERC 80.02(2)(b)(b) General state employees who are not represented for purposes of collective bargaining.
ERC 80.02 HistoryHistory: EmR1113: emerg. cr., eff. 11-15-11; CR 13-092: cr. Register June 2014 No. 702, eff. 7-1-14.
ERC 80.03ERC 80.03Petition for election.
ERC 80.03(1)(1)Who may file. A petition for an annual election to determine whether a represented state sector general employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed only 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 80.03(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 filing 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 80.03(3)(3)Service on state 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 state employer.
ERC 80.03(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 80.03(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 80.03(6)(6)Contents. The petition shall include all of the following:
ERC 80.03(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 80.03(6)(b)(b) The name and address of the state 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 80.03(6)(c)(c) A description of the statutory bargaining unit involved, specifying inclusions and exclusions, as well as the approximate number of personnel in the unit.
ERC 80.03(6)(d)(d) A description of the status of the most recent collective bargaining agreement.
ERC 80.03(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 claimed appropriate collective bargaining unit.
ERC 80.03(6)(f)(f) A brief statement including all of the following: