Under the federal Plant Protection Act, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has responsibility for excluding, eradicating and controlling serious plant pests, including EAB. USDA-APHIS has instituted statewide quarantines for emerald ash borer on the interstate movement of ash for Illinois, Indiana, Ohio, Pennsylvania, West Virginia and the Lower Peninsula of Michigan. These quarantines include restrictions on the interstate movement of any hardwood (non-coniferous) firewood, and are in addition to the regulations adopted by each state related to the movement of firewood. Firewood cannot be moved from a quarantined area unless it is accompanied by a USDA-APHIS certificate that shows the firewood to be treated in accordance of federal regulations.

The USDA-APHIS is working on rules governing labeling of firewood for interstate movement and record keeping requirements.

Surrounding states where EAB has been identified (Illinois, Iowa, Indiana, Michigan, and Minnesota) have state and federal quarantines that prohibit the movement of regulated articles, including all hardwood firewood, out of quarantined areas. Firewood can only move out of quarantined areas after it is certified by USDA-APHIS or state officials. Only Minnesota has a state certification program for the heat treatment of firewood. The other surrounding states defer to federal treatment options for firewood movement.

DATCP consulted DNR and firewood dealers and utilized a substantial body of research conducted by the United States Department of Agriculture (“USDA") to determine effective methods for eliminating pests from firewood.

The voluntary firewood dealer certification program was created in 2008. With experience operating the certification program DATCP has identified areas where certification standards could be improved, streamlined and have more transparency. The provisions contained in this rule will not significantly increase department workload and therefore the rule has no fiscal effect on DATCP. The rule will not affect local government costs or revenues.

The proposed rule will not have a significant impact on firewood dealers. The record keeping requirements may produce a minor expense for certified firewood dealers, as will the fee for additional heat treatment run exams. However, certification remains voluntary. The time and temperature reductions for heat treatment will produce a savings for dealers using this method and the reduced expense may result in more businesses to becoming certified. The changes proposed by the rule will benefit firewood dealers and those that heat treat wood. A complete Business Impact Analysis is attached.

The proposed rule will not have a significant impact on firewood dealers or the state economy. The proposed rule has no effect upon local governments or utility ratepayers. The provisions in this rule and the economic impact analysis of the proposed rule were developed in consultation with the DNR and firewood dealers.

This rule will not have a significant impact on the environment. DATCP will inspect at least annually to verify that the certified firewood dealer has the necessary facilities and equipment to treat firewood so that it is free of pests.

Questions and comments (including hearing comments) related to this rule may be directed to:

NOTICE IS HEREBY GIVEN that pursuant to sections 111.71, 111.94, 227.11 and 227.24, Stats., the Wisconsin Employment Relations Commission will hold a public hearing regarding promulgated emergency rules and the proposed creation of permanent rules, creating Chapters ERC 70 to 74 and ERC 80, relating to initial annual union certification elections.

The hearing will be held on:

The hearing site is accessible to people with disabilities. However, if you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Peter Davis at 608 266-2993 or peterg.davis@wisconsin.gov.

A copy of the text of the rule, fiscal estimate and economic impact analysis may be obtained from the Commission at no charge by contacting Peter Davis at 608 266-2993 or peterg.davis@wisconsin.gov.

Comments on the proposed rule should be submitted by February 9, 2012 and can be faxed (608) 266-6930, emailed (peterg.davis@wisconsin.gov) or mailed/hand-delivered to 1457 East Washington Avenue, Madison, Wisconsin 53707.

The promulgated emergency administrative rules and proposed permanent administrative rules interpret ss. 111.70 (4) (d) 3. b. and 111.83 (3) (b), Stats., and nonstatutory provisions ss. 9132 (1) (b) and 9155 (1) (b) of 2011 Wisconsin Act 10 as amended by nonstatutory provisions ss. 3570f and 3570h of 2011 Wisconsin Act 32.

Sections 111.71, 111.94, 227.11 and 227.24, Stats.

The Municipal Employment Relations Act and the State Employment Labor Relations Act both require that the Commission adopt administrative rules to regulate various proceedings.

None.

By these promulgated emergency rules and proposed permanent rules, the Wisconsin Employment Relations Commission creates chs. ERC 70 to 74 and 80 concerning the cost, timing and procedures for any requested initial annual certification elections required by 2011 Wisconsin Act 10 and 2011 Wisconsin Act 32 to determine whether a bargaining unit of general (i.e., non-public safety and non-transit) employees in the municipal or state sector that is represented by a labor organization for collective bargaining with the employer involved shall continue to be represented by that organization or by another organization or shall not be so represented.

2011 Wisconsin Act 32 requires that the Commission charge a fee for conducting any requested election. These rules require that the labor organization or organizations requesting the election should pay the fee and that the following fee structure applies.

$200 1-100 eligible voters

$350 101-250 eligible voters

$500 201-500 eligible voters

$750 501-1000 eligible voters

$1500 1001-3000 eligible voters

$2000 over 3000 eligible voters

Under these rules, the timing of requested elections is as follows:

Under these rules, if a union does not timely file an election petition and fee, the union loses its status as the collective bargaining representative as of the filing deadline.

In each of the new chapters, the first section, Section ERC xx.01, describes the general policy and purpose of chapter.

Section ERC xx.02, include definitions of terms as used in the chapter and defines the scope of application of the chapter as is outlined above.

Sections ERC xx.03(1) limit the right to file a petition to the existing representative and other any labor organization interested in representing the bargaining unit. No provision is made for petitions by employees or by the employer because decertification automatically results if no timely petition is filed by a labor organization.

Sections ERC xx.03(3) provide that no showing of interest is required to support a petition filed by the existing exclusive representative of the bargaining unit, but that a petition filed by another organization must be supported by a 30% showing of interest. The practice and procedure for submission and determination of the showing of interest is made parallel to that in existing s. ERC 11.05 (2), which generally involve a commission determination as to the sufficiency of the showing of interest in the context of the employee personnel data provided by the employer, without providing a copy of the showing of interest to any party other than the party that submitted it.

Sections ERC xx.03(5) specify the time by which a petition must be filed and the consequences that follow from no timely petition being filed by any labor organization. Sections. ERC xx.03 (5) (c) each provide that the commission will issue a notice equivalent to a decertification upon the request of any interested party or any affected employee.

Sections ERC xx.04 provide the procedures and consequences of a withdrawal of a petition. Each provides that if withdrawal of a petition leaves no pending timely petition, the consequences are the same as if the existing representative filed the only timely petition, an election was conducted, and no representative achieved the support of 51% of the eligible voters.

Sections ERC xx.05 describe the obligation of the employer and petitioning union(s) to provide the Commission with lists of proposed eligible voters and related information.

Sections ERC xx.06 provide for commission issuance of a direction of election or other dispositional order without an intervening hearing to resolve possible disputes concerning voter eligibility or other matters. In cases where the commission is directing an election, the direction shall provide that all individuals on the list provided by the municipal employer and on the list, if any, provided by the petitioner or any other interested party, shall be allowed to complete and submit a ballot, subject to the right of any interested party to challenge the eligibility of the voter during post-balloting procedures.

Sections ERC xx.07 provide that all elections are to be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission, with the commission determining on a case by case basis whether the secret balloting shall be conducted on-site, by mail or automated telephone system. Each chapter also contains provisions generally paralleling those in s. ERC 11.09, regarding notice of election, observers, challenge of voters, and count and tally of ballots.

Sections ERC xx.07 (6) provide that if more than one proposed representative appears on the ballot and if at least 51% of the eligible voters favor representation but no single representative receives the votes of at least 51% of the eligible voters, the commission, on receipt of a timely request of any party, may conduct a runoff election as provided in ss. 111.70 (4) (d) 4. or 111.83 (4), Stats.

Sections ERC xx.08 and xx.09 provide procedures concerning the commission's certification of results of election and the filing and service of objections to election.

Sections ERC xx.10 provide procedures for commission action on challenges or objections, including the conduct of a hearing if one is needed.

Sections ERC xx.11 list the consequences of no representative achieving support of 51% of the eligible voters in the election. Those consequences are that the commission will issue a certification of the results of the election decertifying the existing representative, and providing that for 12 months from the date of decertification the affected employees shall be nonrepresented and shall not be included in any substantially similar bargaining unit.

Sections ERC xx.12 outline the procedures by which any person aggrieved by a final order of the commission may file and have processed a petition for rehearing.

None.

Not applicable. A review of the following adjacent state rules reveals none providing procedures for certification elections conducted on an annual or other regularly periodic basis.

Minnesota Bureau of Mediation Services

Minnesota Rules,

Chapter 5505 - Private Rules