Section ERC 26.10 - Certification of results of referendum(1) WHEN ISSUED. If challenged ballots are insufficient in number to affect the results and no timely objections are filed under s. ERC 26.11, the commission shall issue to the parties a certification of the results of the referendum.(2) EFFECT OF CERTIFICATION. (a)Favoring neither fair-share nor maintenance of membership. Where the certification of the results of a referendum indicates that the required number of personnel has not authorized the implementation of, or the continuation of, either a fair-share or maintenance of membership agreement, no fair-share or maintenance of membership agreement shall be implemented and any existing fair-share or maintenance of membership agreement shall be terminated at the termination of the collective bargaining agreement, or 1 year from the date of the certification of result of the referendum, whichever is earlier.(b)Favoring maintenance of membership but not fair-share. Where the certification of the results of a referendum indicates that the required number of personnel has authorized the implementation of, or the continuation of, the maintenance of membership agreement but has not authorized the implementation of, or the continuation of a fair-share agreement, no fair-share agreement shall be implemented. The maintenance of membership agreement in effect, if any, shall be continued in effect, or the maintenance of membership agreement shall take effect 60 days after the date of the certification or on an earlier date agreed upon between the employer and the exclusive representative involved.(c)Favoring fair-share. Where the certification of the results of a referendum indicates that the required number of personnel has authorized the implementation of, or the continuation of a fair-share agreement, the fair-share agreement in effect, if any, shall be continued in effect, or the fair-share agreement shall take effect 60 days after the date of the certification or on an earlier date agreed upon between the employer and the exclusive representative involved.Wis. Admin. Code Employment Relations Commission ERC 26.10
CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.