Section ERC 15.02 - Stipulation for referendum seeking authorization to implement fair-share agreement(1) WHO MAY FILE. A stipulation for a referendum to determine whether the employees in an appropriate bargaining unit favor the implementation of a fair-share agreement may be filed by the municipal employer and the exclusive representative of the employees in the bargaining unit involved or anyone authorized to act on their behalf.(2) TIME FOR FILING. A stipulation for an initial referendum seeking authorization to implement a fair-share agreement shall be filed prior to the proposed implementation of the fair-share agreement involved.(3) FORM, NUMBER OF COPIES, FILING AND SERVICE. The stipulation shall be in writing on a form provided by the commission, or a facsimile of the commission's form, and shall include the signatures or a facsimile of the signatures of the parties or representatives filing the stipulation. A stipulation is not filed unless it contains the required signatures or signature facsimiles and unless and until the stipulation has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06(1). The stipulation shall be transmitted to the commission as set forth in s. ERC 10.06(1). If the stipulation is filed in paper form, a total of 2 copies of the petition shall be included.(4) CONTENTS. The stipulation shall include all of the following: (a) The names and addresses of the parties on whose behalf the referendum is being stipulated, and the names, addresses and phone numbers of the parties' principal representatives. Fax numbers and e-mail addresses shall be included, if available.(b) A request that the commission conduct a referendum to determine whether the of employees in the collective bargaining unit involved favors the implementation of the fair-share agreement.(c) A description of the collective bargaining unit involved, and the approximate number of employees in the unit.(d) A description of the proposed fair-share agreement involved, including a statement of the agreed-upon standard for determining whether the required number of employees favors implementation of the fair-share agreement.(e) A statement by the municipal employer that it agrees that, if the required number of employees votes in favor of implementing the fair-share agreement, then the municipal employer shall incorporate the fair-share agreement in the collective bargaining agreement covering the employees in the bargaining unit involved.(f) A statement by the exclusive representative that it agrees that, if the required number of employees does not vote in favor of the implementation of the fair-share agreement, the exclusive representative shall withdraw its request in negotiations that a fair-share agreement be implemented covering the employees in the bargaining unit involved.(g) A complete list of employees agreed upon by the parties as being included in the collective bargaining unit and eligible to vote.(h) Suggested days of the week, time and place for the conduct of the referendum.(5) PROCEDURE FOR RESOLVING REFERENDUM-RELATED DISPUTES. Questions arising in connection with the conduct of or the results of the referendum shall be processed in accordance with the procedures following a referendum directed as a result of a hearing under s. ERC 15.09.Wis. Admin. Code Employment Relations Commission ERC 15.02
CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.