Section 80.01. Policy.

  This chapter implements the portion of s. 111.83 (3) (b) , Stats., requiring that the commission conduct an annual election no later than December 1, to determine whether collective bargaining representation shall continue for represented state sector general employees who, as of September 15, are not subject to a collective bargaining agreement or are subject to a collective bargaining agreement entered into on or after June 29, 2011. The existing exclusive representative of such employees that wishes to continue said representation, or any other labor organization interested in representing such employees, must file a petition on or before September 15 requesting the commission to conduct a secret ballot election to determine whether a minimum of 51 percent of the bargaining unit employees eligible to vote favor collective bargaining representation by the petitioner or another petitioning labor organization. If no timely petition is filed, the result is the same as if only the existing representative filed a timely petition and the election resulted in decertification of the existing representative. The procedures in this chapter are intended to expedite the processing of a petition so that the ballots are cast as soon as possible following the filing of the petition, while providing for an orderly and fair procedure for resolving outcome determinative issues, including which ballots should be counted. Once a timely petition has been filed, an existing representative's exclusive representative status is not adversely affected if the balloting is not concluded or the results of the election are not certified on or before December 1.

THIS COURT ISSUES A DECLARATORY JUDGMENT that Wisconsin Employment Relations Commission exceeded its statutory authority in promulgating the Chapter ERC 70 and 80 requirement that an existing exclusive representative must file a Petition in order to qualify for a recertification election under Wis. Stat. ss. 111.83 (3)(b) and 111.70 (4) (d) 3. b.

THIS COURT ISSUES A DECLARATORY JUDGMENT under Wis. Stat s. 227.40 (4) (a) that those provisions in Chapter ERC 70 and 80 requiring an existing exclusive representative to file a Petition in order to qualify for a recertification election are invalid.