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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 17. Clarification Of Municipal Sector Bargaining Units |
Section 17.04. Commission pre-hearing action on petition.
Latest version.
- (1) 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 unit clarification 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.(2) 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 unit clarification 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 whether the existing bargaining unit described in the petition shall be clarified to include or exclude positions referenced in the petition.