Current through February 26, 2024
(1) SERVICE OF
PETITION. Upon receipt of a petition, the commission shall serve a copy of the
petition on all interested parties identified in the petition.
(2) DETERMINATION OF SHOWING OF INTEREST.
Upon receipt of a petition, the commission shall determine the sufficiency of
the showing of interest.
(a)
Furnishing of employee list by municipal employer. If the
commission determines that the showing of interest is sufficient, on its face,
to warrant the processing of the petition, the municipal employer involved
shall, within a period of time established by the commission, furnish in
writing to the commission a list containing the names of the employees, in
alphabetical order, employed in the collective bargaining unit involved. The
period of time for furnishing a list of employees may be extended by the
commission for good cause shown.
(b)
Determination. The
commission shall determine the sufficiency of the showing of interest upon the
receipt from the employer of the names of the employees in the bargaining unit.
No party, other than the party submitting the showing of interest, may receive
a copy of, or examine, the showing of interest. The commission shall inform all
parties as to its determination regarding the sufficiency of the showing of
interest. The commission shall not reveal the number or identity of persons
supporting a showing of interest.
(3) CONCILIATION. If the commission
determines that further proceedings are warranted, the commission may cause an
effort to reach informal settlement of all or part of a referendum petition 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.
(4) NOTICE OF HEARING.
(a)
When issued. Following
the filing of a petition and following conciliation, if further proceedings are
warranted, the commission or assigned examiner shall schedule a date and time
for the hearing and serve all parties and their representatives with a notice
of hearing.
(b)
Contents. The notice of hearing shall include all of the following:
1. A statement of the time, place, and nature
of the hearing, including a statement that the referendum proceeding is a class
1 proceeding as defined in s.
227.01(3) (a) to
(c), Stats. Unless the parties have agreed
otherwise or unless the commission or examiner finds that unusual circumstances
require otherwise, the hearing shall be held not less than 10 days after the
notice of hearing is served. The hearing may be rescheduled in the manner
prescribed in s.
ERC 18.06(2)
(d).
2. A statement of the legal authority and
jurisdiction under which the hearing is to be held.
3. A statement that the purpose of the
hearing is to determine the issues, if any, with respect to whether and how the
commission should conduct the referendum requested in the petition.
4. A statement that the municipal employer is
required to have for examination at the hearing a list setting forth the names
of all the employees in the bargaining unit and their classifications or
positions in the employ of the municipal employer.
