Wisconsin Administrative Code
Employment Relations Commission
ERC 20-29 - State Employment Labor Relations Act
Chapter ERC 26 - Referenda concerning state sector fair-share and maintenance of membership agreements
Section ERC 26.02 - Petition for referendum

Universal Citation: WI Admin Code ยง ERC 26.02

Current through August 26, 2024

(1) WHO MAY FILE. A petition to authorize or determine the continuation of a fair-share or maintenance of membership agreement for a bargaining unit may be filed by the employer or by the exclusive representative of the bargaining unit involved or by anyone acting on behalf of either party.

(2) TIME FOR FILING.

(a) Concerning authorization. A petition to authorize a fair-share or maintenance of membership agreement for a bargaining unit may be filed at any time after an exclusive representative of the bargaining unit involved has been certified.

(b) Concerning continuation. A petition to determine the continuation of a fair-share or maintenance of membership agreement may be filed at any time following the implementation of the fair-share or maintenance of membership agreement involved.

(3) 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 in interest 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 and the showing of interest in support of the petition required by s. ERC 26.03 have 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. The showing of interest in support of the petition required by s. ERC 26.03, shall be transmitted to the commission in paper form by physical delivery or mail.

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

(a) The name and address of the employer 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 exclusive representative of the bargaining unit involved, 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 collective bargaining unit involved, and the approximate number of personnel in the unit.

(d) A description of the fair-share or maintenance of membership agreement involved.

(e) The date of execution, the effective date, and the expiration date of the collective bargaining agreement, if any, containing a fair-share or maintenance of membership agreement affecting the bargaining unit involved.

(f) A statement to the effect that at least 30% of the personnel in the collective bargaining unit involved support the authorization or discontinuation of a fair-share or maintenance of membership agreement requested in the petition.

(g) The name and address of the petitioner, and the name, address and phone number of the petitioner's principal representative. Fax numbers and e-mail addresses shall be included, if available.

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