Wisconsin Administrative Code
Employment Relations Commission
ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees
Chapter ERC 70 - Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011
Section ERC 70.07 - Elections
Current through August 26, 2024
(1) NATURE OF BALLOTING; BY WHOM CONDUCTED; EXTENSION OF TIME TO CONDUCT. All elections shall be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission. The commission shall determine on a case by case basis whether the secret balloting shall be conducted on-site or by mail or by other means determined by the commission to be fair and reliable. The time within which the commission has directed an election to be conducted may be extended by the commission.
(2) NOTICE OF ELECTION. The municipal employer shall post notices to personnel concerning the election at times, locations, and in a form specified by the commission.
(3) OBSERVERS. Any interested party may be represented by observers at on-site election locations and at locations at which vote counts are conducted. Observers shall be selected in accordance with limitations, if any, established by the commission.
(4) CHALLENGE OF VOTERS. Any party, observer, or commission agent conducting the election may challenge, for good cause, the eligibility of any person to vote in the election. The ballots of challenged voters shall be impounded or otherwise segregated without being opened or counted.
(5) COUNT AND TALLY OF BALLOTS. Upon the conclusion of the election, the commission shall furnish a tally of ballots to the parties.
(6) INCONCLUSIVE ELECTIONS. When more than one proposed representative appears on the ballot, if a minimum of 51 percent of the eligible voters favor representation but no single representative receives the votes of a minimum of 51 percent of the eligible voters, the commission, on request of any party, may conduct a runoff election as provided in s. 111.70(4) (d)4, Stats. A request for a runoff election shall be made within 30 days from the date of the certification of the results of the election.
