Section 11.05. 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. In cases in which a showing of interest is required under s. ERC 11.02 (3) , the commission shall determine the sufficiency of the showing of interest.

(a) Furnishing of personnel list by municipal employer. 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 personnel, in alphabetical order, employed in the collective bargaining unit involved. The period of time for furnishing a list of personnel 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 personnel 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 an election 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 election 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 an emergency requires 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 whether the unit described in the petition is an appropriate unit, and, if so, to determine the issues, if any, with respect to whether there exists a question of representation or unit determination among the eligible personnel in that unit.

4. A statement that all parties are required to have with them for examination at the hearing any contract or correspondence between the municipal employer and any labor organization or person representing any of the personnel of the municipal employer relating to the representation of the municipal employer's personnel.

5. A statement that the municipal employer is required to have for examination at the hearing an organizational chart, if any, setting forth its entire organizational structure and a list setting forth the names of all the personnel, 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.