Section 31.12. Proceedings before the arbitrator.

 

(1)   Generally. The arbitration proceedings shall be governed by ch. 788 , Stats. , except as specifically provided in s. 111.70 (4) (jm) , Stats. Except as otherwise required by commission rules, proceedings before the arbitrator 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, as amended, is available in electronic form on the commission website and in paper form on request from the commission.

(2)   Nature and scope of the arbitration hearing. Following the receipt of the appointment order, the arbitrator shall, after conferring with the parties, serve, as set forth in s. ERC 10.07 , each of the parties with a notice of hearing, establishing the date, time and place for the arbitration hearing. The hearing shall be public and for the purpose of gathering information on the basis of which the arbitrator shall issue an award on the issue or issues in dispute. The arbitrator shall consider the factors set forth in s. 111.70 (4) (jm) 3. , 5. and 6. , Stats., and the parties shall be prepared to present evidence and argument relating to the factors involved.

(3)   Mediation. Nothing in this chapter is intended to preclude the arbitrator from using best efforts to encourage the parties to resolve the dispute by voluntary agreement. Any mediation by the arbitrator shall not be open to the public unless mutually agreed by the parties or their representatives. At the joint request of the parties, the arbitrator may issue a consent award ordering implementation of the terms of a written voluntary agreement between the parties resolving part or all of the dispute involved.

(4)   Issuance of award and report of arbitrator's fees and expenses. The arbitrator shall issue the arbitration award in writing after the receipt of final arguments or briefs. After the award is signed, a copy of the award and a statement of the arbitrator's fees and expenses shall be submitted immediately to the commission as set forth in s. ERC 10.06 (1) and to the parties as set forth in s. ERC 10.07 . When received by the commission, interest awards shall be made available to the public. Copies may be purchased by the public from the commission's Madison office and may also be available on the commission website or in other commission publications.

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