Wisconsin Administrative Code Employment Relations Commission
The Wisconsin Administrative Code for the Employment Relations Commission (ERC) is a comprehensive set of rules governing labor relations in Wisconsin across various sectors. The ERC's mission is to "promote peaceful and harmonious labor-management relations by professionally and impartially administering Wisconsin's municipal, state and private sector labor relations statutes."
The ERC's administrative rules are organized into various chapters (ERC 1-90+) that correspond to the different labor relations acts it administers and the specific functions it performs. Here's a breakdown of the key areas covered:
I. Private Sector (Wisconsin Employment Peace Act - WEPA):
Chapters ERC 1-9: These rules govern labor relations in the private sector under the Wisconsin Employment Peace Act (Wis. Stat. ch. 111, Subchapter 1). They cover procedures for:
General provisions: Definitions, filings, and general practices.
Unfair labor practices: Procedures for investigating and adjudicating complaints of unfair labor practices by employers or employees.
Collective bargaining representation: Rules for determining bargaining units and conducting elections for union representation.
Mediation and arbitration: Procedures for resolving impasses in collective bargaining or grievances through mediation and voluntary arbitration.
II. Municipal Sector (Municipal Employment Relations Act - MERA):
Chapters ERC 10-19: These rules apply to municipal employment relations under the Municipal Employment Relations Act (Wis. Stat. ch. 111, Subchapter IV). They address:
Unfair labor practices: Similar to the private sector, but tailored to municipal employers and employees.
Collective bargaining representation: Procedures for municipal bargaining unit determination and elections.
Fair-share agreements: Rules regarding referenda for establishing or continuing fair-share agreements (where non-union members pay a fee for representation).
Chapters ERC 30-39: Municipal Sector Interest Dispute Resolution Processes: These chapters deal with specific procedures for resolving bargaining impasses in the municipal sector, which often involve fact-finding and interest arbitration, especially for public safety employees.
III. State Sector (State Employment Labor Relations Act - SELRA):
Chapters ERC 20-29: These rules govern state employment labor relations under the State Employment Labor Relations Act (Wis. Stat. ch. 111, Subchapter V). They cover:
Unfair labor practices: Tailored to state employers and employees.
Collective bargaining representation: Procedures for determining bargaining units and conducting elections for state employee unions.
IV. General and Procedural Rules Applicable Across Sectors:
Chapters ERC 40-49: WERC Roster of Ad Hoc Arbitrators and Fact Finders: These rules outline the process for maintaining a roster of qualified individuals who can serve as impartial arbitrators and fact-finders in labor disputes.
Chapters ERC 50-59: Labor-Management Cooperation Services: These rules may cover services the ERC provides to promote cooperation between labor and management, potentially including training or facilitation programs.
Chapters ERC 70-89: Certification Elections for Certain Represented Municipal, School District, and State Employees: These chapters provide detailed procedures for conducting and certifying the results of elections for collective bargaining representation across various public employee groups.
Chapters ERC 90-: Civil Service Appeals: These rules outline the procedures for civil service appeals, which are often handled by the ERC for state employees, addressing issues like dismissals, suspensions, and other disciplinary actions.
The Wisconsin Employment Relations Commission plays a critical role in maintaining labor peace and stability in Wisconsin by providing a framework for collective bargaining, resolving disputes, and ensuring fair labor practices for both employers and employees. Its administrative rules provide the specific legal guidance for how these processes are carried out.
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