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 26.10 - Certification of results of referendum
Universal Citation: WI Admin Code ยง ERC 26.10
Current through August 26, 2024
(1) WHEN ISSUED. If challenged ballots are insufficient in number to affect the results and no timely objections are filed under s. ERC 26.11, the commission shall issue to the parties a certification of the results of the referendum.
(2) EFFECT OF CERTIFICATION.
(a)
Favoring neither fair-share nor
maintenance of membership. Where the certification of the results of a
referendum indicates that the required number of personnel has not authorized
the implementation of, or the continuation of, either a fair-share or
maintenance of membership agreement, no fair-share or maintenance of membership
agreement shall be implemented and any existing fair-share or maintenance of
membership agreement shall be terminated at the termination of the collective
bargaining agreement, or 1 year from the date of the certification of result of
the referendum, whichever is earlier.
(b)
Favoring maintenance of
membership but not fair-share. Where the certification of the results
of a referendum indicates that the required number of personnel has authorized
the implementation of, or the continuation of, the maintenance of membership
agreement but has not authorized the implementation of, or the continuation of
a fair-share agreement, no fair-share agreement shall be implemented. The
maintenance of membership agreement in effect, if any, shall be continued in
effect, or the maintenance of membership agreement shall take effect 60 days
after the date of the certification or on an earlier date agreed upon between
the employer and the exclusive representative involved.
(c)
Favoring fair-share.
Where the certification of the results of a referendum indicates that the
required number of personnel has authorized the implementation of, or the
continuation of a fair-share agreement, the fair-share agreement in effect, if
any, shall be continued in effect, or the fair-share agreement shall take
effect 60 days after the date of the certification or on an earlier date agreed
upon between the employer and the exclusive representative involved.
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