Section 33.16. Procedure for raising objection that a proposal is not subject to interest arbitration.

 

(1)   Time for raising objection. After a stipulation is reached under ss. ERC 33.11 and 32.09 (2) or after an agreement is reached by operation of law under s. ERC 33.10 (8) on all economic issues to be included in a new or reopened agreement and prior to close of the investigation of an interest arbitration petition, either party may raise an objection that a proposal is an economic issue not subject to interest arbitration.

(2)   Filing an objection. An objection that a proposal is an economic issue not subject to interest arbitration shall be filed with the commission as a petition for declaratory ruling under s. 227.41 , Stats., and ch. ERC 19 . During the pendency of a petition for declaratory ruling, the investigation of the petition for interest arbitration shall not be closed.

(3)   Procedure following issuance of declaratory ruling. Following the issuance and service of the declaratory ruling, the commission or its investigator shall conduct further investigation or hearing for the purpose of obtaining the final offer of each party before closing the investigation.

CR 02-037 : r. and recr. Register June 2006 No. 606 , eff. 7-1-06.