Wisconsin Administrative Code
Employment Relations Commission
ERC 50-59 - Labor-Management Cooperation Services
Chapter ERC 50 - Labor-management cooperation services
Section ERC 50.04 - Commission action on request for labor-management cooperation services

(1) PROGRAM APPROVAL DETERMINATION. Following receipt of a request for labor-management cooperation services, the commission or its designee shall determine whether, when, to what extent and at what cost it will provide the services requested, and the commission's determinations in those respects shall be communicated to the requesting parties in writing.

(2) DESIGNATION OF TRAINERS AND FACILITATORS. If the parties agree to participate in the program on the terms approved by the commission, the commission shall designate the trainer and facilitator as appropriate, and the trainers and facilitator so designated shall proceed to provide the approved services.

(3) TRAINER AND FACILITATOR IMPARTIALITY. The commission shall designate only competent, impartial and disinterested persons to act as trainers and facilitators.

(4) CONFIDENTIAL NATURE OF FUNCTION. Commission trainers and facilitators shall maintain confidentiality as required of mediators by s. 904.085, Stats. To the extent that s. 904.085, Stats., is or becomes inapplicable for any reason, the following confidentiality provisions shall become applicable. Any information disclosed by the parties to the trainer or facilitator in the performance of duties shall not be divulged voluntarily or because of compulsion unless approved by the parties involved. All files, records, reports, documents, or other papers received or prepared by the trainer or facilitator in that person's confidential capacity shall be confidential and shall not be disclosed to any unauthorized person without the prior consent of the commission. The trainer or facilitator shall not produce any confidential records of, or testify about, any training or facilitation conducted by the trainer or facilitator, before any court, board (including the Wisconsin Employment Relations Commission), investigative body, arbitrator or fact finder without the written consent of the commission. In the absence of written consent of the commission, the trainer or facilitator shall respectfully decline, by reason of this subsection, to produce or present confidential records or documents of any nature or to give testimony concerning confidential training or facilitation information.

(5) BILLING OF PROGRAM FEES AND EXPENSES. The commission shall bill the parties for fees and expenses associated with the parties' participation in the agency's labor-management cooperation programs, in accordance with fee and expense specifications shared with the parties in advance of the program.