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 11.04 - Stipulation for election

Universal Citation: WI Admin Code ยง ERC 11.04

Current through August 26, 2024

(1) WHO MAY FILE. Where a municipal employer, and an individual municipal employee or law enforcement or fire fighting supervisor or a labor organization acting on their behalf, and the exclusive representative, if any, of an existing unit agree that a question of representation or unit determination has arisen concerning municipal employees or concerning supervisory law enforcement or fire fighting personnel, those parties may jointly file a stipulation for an election to resolve that question. A stipulation to determine a collective bargaining representative may be filed either to initiate an election proceeding or subsequent to the filing of a petition and prior to a direction of election based on a hearing on the petition.

(2) FORM, NUMBER OF COPIES, FILING AND SERVICE. The stipulation 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 parties or representatives filing the stipulation. 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 stipulation shall be transmitted to the commission as set forth in s. ERC 10.06(1). If the stipulation is filed in paper form, a total of 2 copies of the stipulation shall be included.

(3) CONTENTS. The stipulation shall include all of the following:

(a) The names and addresses of the parties on whose behalf the election is stipulated, and the names, addresses and phone numbers of the parties' principal representatives. Fax numbers and e-mail addresses shall be included, if available.

(b) An agreement that a hearing is waived and requesting the commission to conduct an election.

(c) A description of the collective bargaining unit agreed to be appropriate by the parties.

(d) A complete list of personnel agreed upon by the parties as being included in the collective bargaining unit and eligible to vote.

(e) Suggested days of the week, time and place for the conduct of the election.

(4) PROCEDURE FOR RESOLVING ELECTION-RELATED DISPUTES. Questions arising in connection with the conduct of, or results of, the election shall be processed in accordance with the procedures following an election directed as a result of a hearing under s. ERC 11.07.

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