ERC 18.04ERC 18.04 Withdrawal of petition. Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission. A motion to withdraw shall be granted unless withdrawal would result in an injustice to any party.

ERC 18.05(1)(1) Who may file. Where a municipal employer and the exclusive representative of employees of the municipal employer in an appropriate collective bargaining unit are in dispute concerning the duty to bargain on any subject, those parties may jointly file a stipulation for a declaratory ruling with regard to the dispute.

ERC 18.05(2)(2) Form, number of copies and filing. The stipulation for a declaratory ruling shall be in writing in the form described below and shall contain the signatures or facsimiles of the signatures of both parties or their designated representatives. A stipulation is not filed unless it contains the required signatures or signature facsimiles and unless and until the stipulation 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 2 copies of the petition shall be included. The stipulation shall be captioned as follows:

ERC 18.05(3)(a)(a) The caption in the form noted above.

ERC 18.05(3)(b)(b) The name, address and phone number of the municipal employer involved and of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

ERC 18.05(3)(c)(c) The name, address, phone number and affiliation, if any, of the exclusive representative involved and of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

ERC 18.05(3)(d)(d) A description of the certified or recognized collective bargaining unit involved, as well as the approximate number of employees in the unit.

ERC 18.05(3)(e)(e) A clear and concise statement of the subject or subjects over which a dispute has arisen concerning the duty to bargain.

ERC 18.05(3)(f)(f) A statement of any stipulated facts.

ERC 18.05(3)(g)(g) A clear and concise statement of the position taken by each party as to whether the parties are under a duty to bargain on the subject or subjects listed in the stipulation.

ERC 18.05(4)(4) Statements in support of position. Each party to the stipulation shall attach to the stipulation, or within an agreed period of time set forth in the stipulation, file with the commission, a detailed statement of the arguments relied upon in support of its position in the matter, and shall, at the same time, serve a copy on the other party, as set forth in s. ERC 10.06 (1). If the statement is filed in paper form, a total of 2 copies shall be provided to the commission.

ERC 18.06(1)(a)(a) Presentation. All motions shall be made in writing, except that motions made at a hearing may be stated orally on the record, and all motions shall briefly state the order, ruling, or action sought and shall state the grounds for the motion. Alternate relief may be requested. Any party may by motion request that the commission or examiner take any action which they are authorized by law to take. Any statement opposing a motion shall be promptly filed and shall conform to the same requirements as this paragraph provides for motions. Written motions, and written statements opposing them, shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the motion is filed in paper form, a total of 2 copies of the motion shall be included. The party filing a written motion or written statement opposing a motion shall, at the same time, serve a copy on each of the other parties or their representatives, as set forth in s. ERC 10.07.