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ERC 33.10(8) (8)Agreement by operation of law. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate s. 111.70 (3) (a) 4., Stats. Any such unilateral implementation during the 90-day period prior to expiration of the period included within a qualified economic offer operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of an exclusive representative to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under s. 111.70 (4) (cm) 6., Stats.
ERC 33.10 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.11 ERC 33.11 Informal investigation or formal hearing when the municipal employer has submitted a qualified economic offer. Under this chapter, practice and procedure for informal investigation or formal hearing when the municipal employer has submitted a qualified economic offer shall be as set forth in s. ERC 32.09.
ERC 33.11 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.12 ERC 33.12 Informal investigation or formal hearing when the municipal employer has not submitted a qualified economic offer. Under this chapter, practice and procedure for informal investigation or formal hearing when the municipal employer has not submitted a qualified economic offer shall be as set forth in s. ERC 32.09.
ERC 33.12 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.13 ERC 33.13 Final offers.
ERC 33.13(1)(1)Contents generally. Final offers shall contain proposals relating only to mandatory subjects of bargaining, except either final offer may contain proposals relating to permissive subjects of bargaining if there is no timely objection under s. ERC 33.14 or 33.15 by the other party to the inclusion of the proposals in a final offer. Absent a timely objection, the proposals shall be treated as mandatory subjects of bargaining for the duration of the s. 111.70 (4) (cm), Stats., impasse resolution process, including any exchanges of final offers which may follow declaratory ruling proceedings under s. ERC 33.15 or injunction proceedings referred to in s. ERC 33.22.
ERC 33.13(2) (2)Contents regarding economic issues, term of agreement, reopener provisions and salary structure.
ERC 33.13(2)(a)(a) If the municipal employer submits a qualified economic offer, final offers shall not contain any economic issues as defined in s. 111.70 (1) (dm), Stats.
ERC 33.13 Note Note: Section 111.70 (1) (dm), Stats., was repealed effective 7-1-09, as to collective bargaining agreements with a term beginning July 1, 2009.
ERC 33.13(2)(b) (b) Final offers for any collective bargaining agreement shall have a term of 2 years expiring on June 30 of the odd-numbered year.
ERC 33.13(2)(c) (c) Final offers shall not contain a provision for reopening of negotiations during the term of an existing agreement for any purpose other than negotiation of a successor agreement or with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation. Any other provisions for reopening of negotiations during the term of an existing agreement shall be agreed upon by the parties as a part of the stipulation of agreed upon items. Parties may agree to reopen negotiations as to any period of any agreement whose expiration date is consistent with this subsection.
ERC 33.13(2)(d) (d) Final offers shall not contain a proposal to alter the salary range structure, number of steps, or requirements for attaining a step or assignment of a position to a salary range.
ERC 33.13(3) (3)Modification of final offers following close of investigation. After the investigation, a party may modify its final offer only with the consent of the other party. A modification shall be in writing, supported by a written statement signed by the representative of the other party.
ERC 33.13 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.14 ERC 33.14 Procedure for raising objection that a proposal is a non-mandatory subject of bargaining. Under this chapter, the procedure for raising an objection that a proposal is a non-mandatory subject of bargaining shall be as set forth in s. ERC 30.10.
ERC 33.14 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.15 ERC 33.15 Petition or stipulation to initiate a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining. Under this chapter, the procedure for initiating a declaratory ruling proceeding to determine whether a proposal is a mandatory subject of bargaining shall be as set forth in s. ERC 30.11.
ERC 33.15 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.16 ERC 33.16 Procedure for raising objection that a proposal is not subject to interest arbitration.
ERC 33.16(1) (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.
ERC 33.16(2) (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.
ERC 33.16(3) (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.
ERC 33.16 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.17 ERC 33.17 Certification of results of investigation or hearing, or certification based on stipulation. Under this chapter, practice and procedure regarding commission certification of results of investigation or hearing or based on stipulation shall be as set forth in s. ERC 32.13.
ERC 33.17 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.18 ERC 33.18 Order appointing arbitrator. Practice and procedure regarding an order appointing arbitrator in proceedings under this chapter shall be as set forth in s. ERC 32.14.
ERC 33.18 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.19 ERC 33.19 Proceedings before the arbitrator. Practice and procedure regarding proceedings before the arbitrator under this chapter shall be as set forth in s. ERC 32.15.
ERC 33.19 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.20 ERC 33.20 Enforcement of award. Practice and procedure for enforcement of awards issued under this chapter shall be as set forth in s. ERC 32.16.
ERC 33.20 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06; CR 10-019: am. Register June 2010 No. 654, eff. 7-1-10.
ERC 33.21 ERC 33.21 Modification of award. Practice and procedure regarding modification of an award issued under this chapter shall be as set forth in s. ERC 32.17.
ERC 33.21 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.22 ERC 33.22 Procedure following court injunction of a strike posing an imminent threat to public health or safety. Under this chapter, practice and procedure following court injunction of a strike posing an imminent threat to public health or safety shall be as set forth in s. ERC 32.18.
ERC 33.22 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.23 ERC 33.23 Report of cost of school district professional employee agreement.
ERC 33.23(1) (1)Who must file. As required by s. 111.70 (4) (cm) 8s., Stats., whenever a municipal employer enters into a collective bargaining agreement affecting school district professional employees, the municipal employer shall calculate and report the total increased cost to the municipal employer of the compensation and fringe benefits provided for by the agreement.
ERC 33.23 Note Note: Section 111.70 (4) (cm) 8s., Stats., was repealed effective 7-1-09 , as to collective bargaining agreements with a term beginning July 1, 2009.
ERC 33.23(2) (2)Time to file; form; filing. As soon as possible after the effective date of the collective bargaining agreement covering school district professional employees, the municipal employer shall calculate and report the total increased cost to the municipal employer of the compensation and fringe benefits provided for by the agreement. The report shall be in writing and shall provide the information called for on Form D which is an appendix to this chapter. The report is not filed unless it contains the required signature or signature facsimile and unless and until it has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The report shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the report is filed in paper form, a total of 1 copy of the report shall be included.
ERC 33.23(3) (3)Service on exclusive representative. The municipal employer shall, at the same time, serve the exclusive representative of the school district professional employees involved with a copy of the report as set forth in s. ERC 10.07.
ERC 33.23 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
ERC 33.24 ERC 33.24 Other information. Parties subject to s. 111.70 (4) (cm), Stats., shall, upon request, provide the commission with information the commission deems necessary to meet its statutory responsibilities to report on the operation of the arbitration law under s. 111.70 (4) (cm), Stats., and on its effect on collective bargaining in the state.
ERC 33.24 History History: CR 02-037: r. and recr. Register June 2006 No. 606, eff. 7-1-06.
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