Section 14.07. Hearing before the fact finder.

 

(1)   Notice of hearing. Following the receipt of notification of an appointment and communications with the parties, the fact finder shall issue and serve on both parties, as set forth in s. ERC 10.07 , a notice of hearing specifying the date, time and place at which the fact-finding hearing shall be conducted.

(2)   Scope and nature of hearing. The hearing shall be public and for the purpose of gathering information which shall assist the fact finder in reaching recommendations for the resolution of the dispute. Except as otherwise required by commission rules, proceedings before the fact finder shall be conducted in accordance with the ethical standards and procedures set forth in the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes as approved and amended from time to time by the National Academy of Arbitrators, American Arbitration Association and Federal Mediation and Conciliation Service. The Code is available in electronic form on the commission website and in paper form on request from the commission.

(3)   Hearing procedure. Hearings shall be within the control of the fact finder and shall be conducted as expeditiously as the nature of the dispute shall allow. In conducting the hearing the fact finder has the power to take the following actions:

(a) Administer oaths and affirmations.

(b) Issue subpoenas in the name of the commission.

(c) Rule on offers of proof and receive relevant evidence.

(d) Regulate the course of the fact-finding hearing.

(e) Dispose of procedural requests and similar matters.

(4)   Waiver of hearing and brief. With the consent of the fact finder, the parties may agree to waive the convening of a formal hearing or the filing of briefs, or both.

(5)   Mediation by the fact finder. Nothing in this chapter precludes the fact finder from attempting through mediation to assist the parties in reaching a voluntary settlement of the matters in dispute. Any mediation by the fact finder shall not be open to the public unless mutually agreed by the parties or their representatives.

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

Note

Fact finders may obtain appropriate subpoena forms from the commission's Madison office. Microsoft Windows NT 6.1.7601 Service Pack 1