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Wisconsin Administrative Code (Last Updated: January 10, 2017) |
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Agency ERC. Employment Relations Commission |
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Chapters 10-19. Municipal Employment Relations Act |
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Chapter 14. Fact-Finding In Disputes Involving Certain Municipal Employers And Municipal Employees |
Section 14.06. Certification of results of investigation.
Latest version.
- (1) When issued. After consideration of either the report of the investigator conducting the informal investigation, or the record of the hearing, or both, the commission shall issue a certification of the results of the investigation with respect to whether fact-finding should be initiated.(2) Contents. The certification shall contain findings of fact and conclusions of law concerning the results of the investigation, and it shall include an order initiating fact-finding or dismissing the petition or taking other action that is consistent with the purpose of the Municipal Employment Relations Act.(3) Appointment of fact finder. If the certification requires that fact-finding be initiated, the commission shall submit to the parties the names of 5 members of the commission's ad hoc panel of arbitrators and fact finders described in ch. ERC 40 . Fact finder selection and panel composition shall be as provided in s. ERC 40.06 (3) , with fact finders randomly selected from among the roster members available for service at the time the panel is selected. The commission shall supply the parties with copies of the biographical and fee information on file with the commission regarding each fact finder whose name is supplied to the parties by the commission. Each party, by its authorized representative, shall alternately strike one name from the list until one name remains. The order of proceeding in the selection process shall be determined by lot. The parties shall then advise the commission of the name of the person remaining on the list, and that person shall be appointed by the commission as the fact finder. Alternatively, at the joint request of the parties, the commission shall appoint a 3-member fact-finding board.(4) Service on the parties. A copy of the commission's order appointing the fact finder shall be served, as set forth in s. ERC 10.07 , on the parties and on the appointed fact finder.(5) Fact finder impartiality. The commission shall designate only competent, impartial and disinterested persons to act as fact finders or to be included in a panel of fact finders.