Wisconsin Administrative Code
Employment Relations Commission
ERC 10-19 - Municipal Employment Relations Act
Chapter ERC 11 - Elections to determine bargaining representative for municipal sector personnel
Section ERC 11.02 - Petition for election

Universal Citation: WI Admin Code ยง ERC 11.02

Current through August 26, 2024

(1) WHO MAY FILE. A petition to determine a collective bargaining representative or an appropriate collective bargaining unit may be filed by a municipal employee or law enforcement or fire fighting supervisor, or by a labor organization acting on their behalf, or by a municipal employer or anyone authorized to act on its behalf.

(2) FORM, NUMBER OF COPIES, AND FILING. 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 contains the required signature or signature facsimile and unless and until the petition 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. If a showing of interest in support of the petition is required by sub. (3), 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).

(3) SHOWING OF INTEREST. If the petition is filed by other than the municipal employer, and if any or all of the personnel in the bargaining unit claimed appropriate in the petition are currently represented for purposes of collective bargaining by other than the petitioner, then the petition shall be supported by a showing of interest in writing, containing the printed names and signatures of at least 30% of the personnel in the collective bargaining unit involved, the dates on which the signatures were executed, and a statement that the personnel signing support the petitioner's request for an election.

(4) CONTENTS. The petition shall include all of the following:

(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.

(b) The name and address of the municipal employer involved, if the municipal employer is not the petitioner, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(c) A description of the claimed appropriate collective bargaining unit, specifying inclusions and exclusions, as well as the approximate number of personnel in the unit.

(d) The names and addresses of any known labor organizations who claim to represent any of the personnel in the claimed appropriate collective bargaining unit.

(e) A brief statement setting forth the nature of the question that has arisen concerning representation or unit determination.

(f) Any other relevant facts.

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