Wisconsin Administrative Code
Employment Relations Commission
ERC 10-19 - Municipal Employment Relations Act
Chapter ERC 12 - Municipal sector prohibited practices
Section ERC 12.02 - Complaint
Current through February 26, 2024
(1) WHO MAY FILE; FORM; NUMBER OF COPIES; FILING FEE. A complaint that any municipal employer, municipal employee, or person has engaged in a prohibited practice defined, respectively, in s. 111.70(3) (a), (b) or (c), Stats., may be filed by any party or by a representative authorized to file on behalf of a party. The complaint 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 complaint. At the time of filing, the filing fee established by s. ERC 10.08(1) shall be submitted to the commission. A complaint is not filed unless it contains the required signature or signature facsimile and unless and until the complaint and fee have been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06(1). The complaint shall be transmitted to the commission as set forth in s. ERC 10.06(1). If the complaint is filed in paper form, a total of 3 copies of the complaint shall be included, together with 1 additional copy for each named respondent. The fee may be transmitted to the commission by physical delivery or mail. As used in this chapter, "party" has the same meaning as "party in interest."
(2) CONTENTS. The complaint shall contain all of the following:
(3) SERVICE. After the filing of a complaint, the commission shall serve a copy of the complaint on each respondent named in the complaint. At the same time, the commission shall serve all parties named in the complaint with a notice that the scheduling of a hearing shall be held in abeyance pending the results of conciliation unless a party specifically requests otherwise. Service shall be by mail to the parties at their last known post-office address, except that service of a party located outside the state and who has no known post-office address within Wisconsin shall be in the manner provided in s. 111.07(2) (a), Stats.
(4) AMENDMENT AND WITHDRAWAL.
(5) CONCILIATION. The commission may cause an effort to reach informal settlement of all or part of a complaint to be undertaken by a commission designee. A conciliator so designated shall attempt through mediation to assist the parties in reaching an informal agreement resolving some or all of the issues that might otherwise require a hearing. The pendency of conciliation shall not preclude the scheduling or conduct of a hearing if scheduling is specifically requested by any party prior to the conclusion of conciliation. If the conciliator concludes that further conciliation efforts are unlikely to produce a settlement, the processing of the case shall proceed, including the scheduling of a hearing, if appropriate.
(6) NOTICE OF HEARING.
(7) MOTION TO MAKE MORE DEFINITE AND CERTAIN. If a complaint is alleged to be so indefinite as to hinder a party in the preparation of its answer to the complaint, the party may, by motion, request the commission or examiner to order the complainant to file a statement supplying specified information to make the complaint more definite and certain. If the commission has notified the parties that it has received a request under sub. (5) for the hearing to be scheduled prior to the conclusion of conciliation, then a motion to make the complaint more definite and certain shall be filed no later than 10 days after the date of the commission's notice. Otherwise, the motion shall be filed no later than 10 days after the date the notice of hearing was issued. The commission or examiner may require a complainant to clarify its complaint at any time the commission or examiner finds it necessary and appropriate to do so.