Section 30.11. Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining.

 

(1)   Who may file. Either party may file a petition, or both of the parties may file a stipulation, to initiate a declaratory ruling proceeding before the commission.

(2)   Where to file. A petition or stipulation shall be filed with the commission, and if a petition is filed a copy shall be served on the other party at the same time.

(3)   When to file. A petition or stipulation may be filed with the commission during negotiations, mediation or investigation, as provided in s. ERC 18.02 or 18.05 . If a petition or stipulation is filed after the investigator calls for final offers, the petition or stipulation for declaratory ruling shall be filed within the time determined by the commission or investigator under s. ERC 30.10 (1) (b) . Failure to file a petition or stipulation for declaratory ruling within the time period determined by the commission or investigator shall constitute a waiver of the objection, and the proposal involved shall be treated as a mandatory subject of bargaining.

(4)   Procedure following issuance of declaratory ruling. Following the issuance and service of the declaratory ruling as provided for in ss. ERC 18.09 and 10.07 , the commission or its investigator shall conduct further investigation or hearing for the purpose of obtaining the final offer of each party before closing the investigation. Neither final offer may include any proposal which the commission has found to be a non-mandatory subject of bargaining unless consented to in writing by the other party. If the commission's decision is appealed, the parties may agree to the conditional inclusion of the proposals in their final offers.

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