Section 15.07. Commission pre-hearing action on petition.

 

(1)   Service of petition. Upon receipt of a petition, the commission shall serve a copy of the petition on all interested parties identified in the petition.

(2)   Determination of showing of interest. Upon receipt of a petition, the commission shall determine the sufficiency of the showing of interest.

(a) Furnishing of employee list by municipal employer. If the commission determines that the showing of interest is sufficient, on its face, to warrant the processing of the petition, the municipal employer involved shall, within a period of time established by the commission, furnish in writing to the commission a list containing the names of the employees, in alphabetical order, employed in the collective bargaining unit involved. The period of time for furnishing a list of employees may be extended by the commission for good cause shown.

(b) Determination. The commission shall determine the sufficiency of the showing of interest upon the receipt from the employer of the names of the employees in the bargaining unit. No party, other than the party submitting the showing of interest, may receive a copy of, or examine, the showing of interest. The commission shall inform all parties as to its determination regarding the sufficiency of the showing of interest. The commission shall not reveal the number or identity of persons supporting a showing of interest.

(3)   Conciliation. If the commission determines that further proceedings are warranted, the commission may cause an effort to reach informal settlement of all or part of a referendum petition to be undertaken by a commission designee. A conciliator so designated shall attempt through mediation to assist the parties in reaching an informal agreement resolving some or all of the issues that might otherwise require a hearing. The pendency of conciliation shall not preclude the scheduling or conduct of a hearing if scheduling is specifically requested by any party prior to the conclusion of conciliation. If the conciliator concludes that further conciliation efforts are unlikely to produce a settlement, the processing of the case shall proceed, including the scheduling of a hearing, if appropriate.

(4)   Notice of hearing.

(a) When issued. Following the filing of a petition and following conciliation, if further proceedings are warranted, the commission or assigned examiner shall schedule a date and time for the hearing and serve all parties and their representatives with a notice of hearing.

(b) Contents. The notice of hearing shall include all of the following:

1. A statement of the time, place, and nature of the hearing, including a statement that the referendum proceeding is a class 1 proceeding as defined in s. 227.01 (3) (a) to (c) , Stats. Unless the parties have agreed otherwise or unless the commission or examiner finds that unusual circumstances require otherwise, the hearing shall be held not less than 10 days after the notice of hearing is served. The hearing may be rescheduled in the manner prescribed in s. ERC 18.06 (2) (d) .

2. A statement of the legal authority and jurisdiction under which the hearing is to be held.

3. A statement that the purpose of the hearing is to determine the issues, if any, with respect to whether and how the commission should conduct the referendum requested in the petition.

4. A statement that the municipal employer is required to have for examination at the hearing a list setting forth the names of all the employees in the bargaining unit and their classifications or positions in the employ of the municipal employer.

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