Wisconsin Administrative Code
Employment Relations Commission
ERC 70-89 - Certification Elections for Certain Represented Municipal, School District, and State Employees
Chapter ERC 71 - Annual Certification Elections for Represented Municipal Sector General Nonschool District Employees Who, As Of January 30, 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 71.03 - Petition for election

Universal Citation: WI Admin Code § ERC 71.03

Current through August 26, 2024

(1) WHO MAY FILE. A petition for an annual election to determine whether a represented municipal sector general employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed by the exclusive representative of a bargaining unit to which this chapter applies or by any other labor organization interested in representing the bargaining unit.

(2) FORM. 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 or representative filing the petition. A petition is not filed unless it is accompanied by the applicable fee established by sub. (4), contains the required signature or signature facsimile, and has been 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. If a showing of interest in support of the petition is required by sub. (5), the showing of interest shall be transmitted to the commission in paper form by physical delivery or mail. A petition requiring a showing of interest is not filed until both the petition and the showing of interest have been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06(1).

(3) SERVICE ON MUNICIPAL EMPLOYER. At the same time the labor organization files a petition for election with the commission, it shall electronically serve a copy of the petition on the municipal employer of the employees the labor organization currently represents or wishes to represent.

(4) FEE SCHEDULE. For a bargaining unit of 1 to 100 eligible voters, the petitioning labor organization shall pay the commission a fee of $200. For a bargaining unit of 101 to 250 eligible voters, the petitioning labor organization shall pay the commission a fee of $350. For a bargaining unit of 251 to 500 eligible voters, the petitioning labor organization shall pay the commission a fee of $500. For a bargaining unit of 501 to 1,000 eligible voters, the petitioning labor organization shall pay the commission a fee of $750. For a bargaining unit of 1,001 to 3,000 eligible voters, the petitioning labor organization shall pay the commission a fee of $1,500. For a bargaining unit of more than 3,000 eligible voters, the petitioning labor organization shall pay the commission a fee of $2,000. The fee shall be transmitted to the commission by physical delivery or mail. If more than one labor organization files an election petition, each labor organization shall pay its proportionate share of the fee. If the number of eligible voters determined by the commission differs from the number asserted in the petition and results in a change in the applicable fee amount, the petitioning labor organization shall pay the additional fee to the commission or receive a refund, as appropriate.

(5) SHOWING OF INTEREST. No showing of interest is required in support of a petition by the existing representative. A 30 percent showing of interest is required in support of a petition by any other interested labor organization, regardless of whether any other petition has been filed. Practice and procedure for submission and determination of the showing of interest shall be as set forth in s. ERC 11.05(2).

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

(a) The name, address, and affiliation, if any, of the petitioner, 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 municipal employer 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 bargaining unit involved, specifying inclusions and exclusions, as well as the approximate number of personnel in the unit.

(d) A description of the status of the most recent collective bargaining agreement.

(e) The names and addresses of any known labor organizations who either currently represent or claim to represent any of the personnel in the collective bargaining unit.

(f) A brief statement including all of the following:

1. Whether the petitioner is currently the exclusive collective bargaining representative for the bargaining unit.

2. That the petitioner wishes to represent the bargaining unit.

3. That the petitioner requests that the commission conduct an annual certification election to determine whether the bargaining unit shall be represented by the petitioner for purposes of collective bargaining with the municipal employer.

(g) A statement that the petitioner has served a copy of the petition on the municipal employer.

(h) Any other relevant facts.

(7) TIME FOR FILING; CONSEQUENCES OF FAILURE TO TIMELY FILE; NOTICE.

(a) Time for filing. To be timely, a petition must be filed on or before January 30.

(b) Consequences of failure to timely file.

1. If no collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of January 30. If a collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the expiration of the agreement.

2. The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for a minimum of one year following the applicable date in subd. 1.

(c) Notice of consequences of failure to timely file petition. At the request of the municipal employer or of any other interested party, the commission shall issue a notice of the consequences set forth in par. (b). Before issuing such a notice, the commission shall provide the exclusive representative an opportunity to respond to the request. When issued, copies of the notice shall be sent to the municipal employer, the former exclusive representative, and any interested party who requested the issuance of the notice.

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