Wisconsin Administrative Code
Employment Relations Commission
ERC 10-19 - Municipal Employment Relations Act
Chapter ERC 14 - Fact-finding in disputes involving certain municipal employers and municipal employees
Section ERC 14.04 - Commission investigation
Current through February 26, 2024
(1) PURPOSE; NATURE; BY WHOM CONDUCTED. After a petition has been filed, the commission shall conduct an investigation to determine whether the parties are deadlocked after a reasonable period of negotiation. The investigation shall be conducted either by the commission or by an investigator assigned by the commission. The investigation shall consist either of an informal investigation or a formal hearing or both. During the informal investigation or formal hearing, the commission or investigator may engage in an effort to mediate the dispute.
(2) INFORMAL INVESTIGATION PROCEDURE. If an informal investigation is conducted, the commission or investigator, following communication with the parties, shall set a date, time and place for the conduct of the informal investigation and shall notify the parties in writing. The informal investigation may be adjourned or continued in the discretion of the commission or investigator. During the investigation the commission or investigator may meet jointly or separately with the parties for the purposes described in sub. (1) and may otherwise communicate with one or both parties for those purposes. Following the close of the investigation, the investigator shall report the findings to the commission, either orally or in writing, as the commission may direct.
(3) FORMAL HEARING PROCEDURE. If a formal hearing is conducted, the commission or investigator, following communication with the parties, shall set a date, time and place for the conduct of the formal hearing and notify the parties by formal notice. The formal hearing may be adjourned or continued in the discretion of the commission or investigator. Hearing practice and procedure shall be as set forth in ss. ERC 18.06 to 18.08, except that the purpose and scope of the hearing shall be limited to establishing the facts needed to determine whether, after a reasonable period of negotiation, the parties are deadlocked.
