Wis. Admin. Code Employment Relations Commission ERC 32.05

Current through November 25, 2024
Section ERC 32.05 - Petition to initiate arbitration
(1) WHO MAY FILE. A petition to initiate arbitration may be filed by a municipal employer, a recognized or certified collective bargaining representative of municipal employees in a bargaining unit described in s. ERC 32.01, or by anyone authorized to act on their behalf.
(2) FORM; NUMBER OF COPIES; FILING; SERVICE. The petition shall be in writing on a form provided by the commission, or a facsimile of the commission's form. The petition is not filed until it and the filing fee established by s. ERC 10.08(5) have been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06(1). If the parties have previously paid a mediation filing fee for the same dispute under s. ERC 10.08(3), no fee shall be paid for the arbitration. 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 and of all required enclosures shall be included. The fee may be transmitted to the commission by physical delivery or mail. The party filing the petition shall, at the same time, serve a copy of the request on the other party as set forth in s. ERC 10.07.
(3) CONTENTS. The petition shall include all of the following:
(a) 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.
(b) The name and address of the exclusive collective bargaining representative involved, as well as the name, title, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.
(c) A general description of the collective bargaining unit involved and the approximate number of employees included in the unit.
(d) A statement that the parties are deadlocked after a reasonable period of negotiation and after mediation by the commission, if any, and other settlement procedures, if any, established by the parties have been exhausted, with respect to a dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement.
(e) The date when notice was served to open negotiations and the identity of the party serving same.
(f) The date or dates when proposals were exchanged in open meeting.
(g) The number of negotiation meetings prior to mediation, if any, by the commission.
(h) The dates on which mediation, if any, was conducted and the identity of the commission mediator.
(i) The termination date of the existing collective bargaining agreement, if any.
(j) The identity of the party filing the petition; the name, title and signature, or signature facsimile, of the individual signing the petition; and date when the petition was transmitted to the commission.
(k) The petitioning party's preliminary final offer containing its latest proposals on all issues in dispute.
(4) RESPONSIVE PRELIMINARY FINAL OFFER. Within 14 days of the date the commission receives the petitioning party's preliminary final offer, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party as set forth in s. ERC 10.07, and to the commission as set forth in s. ERC 10.06(1).

Wis. Admin. Code Employment Relations Commission ERC 32.05

CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.