Section ERC 31.10 - Certification of results of investigation or hearing, or certification based on stipulation(1) WHEN ISSUED. After consideration of its own investigation or the report of the investigator, or the record adduced in the formal hearing, or a stipulation of the parties to waive the investigation, the commission shall issue a certification determining whether the parties have reached an impasse on matters relating to wages, hours and conditions of employment or other matters subject to arbitration under s. 111.70(4) (jm)4, Stats.(2) CONTENTS. The certification shall contain findings of fact and conclusions of law material in the matter, as well as an order either initiating arbitration or dismissing the petition or stipulation, consistent with the purposes and policies of s. 111.70(4) (jm), Stats. If the certification requires arbitration, it shall authorize arbitration with regard to each of the subjects contained in the final offers of the parties at the time the investigation was closed.(3) SUBMISSION OF PANEL. If the certification requires arbitration, the parties shall also be directed to select an arbitrator within 30 days after the issuance of the certification, or within a different time period agreed upon between the parties, from a panel of 7 arbitrators designated by the commission. The panel shall not include individuals who are residents of the city involved in the case. Selection of arbitrators for inclusion on the panel shall otherwise be as provided in s. ERC 40.06(3), with arbitrators randomly selected from among the roster members available for service at the time the request is processed. The commission shall supply the parties with copies of the biographical and fee information on file with the commission regarding each arbitrator whose name is supplied to the parties by the commission. In the absence of an agreement to another method of selection, the parties shall select the arbitrator by alternately striking names from the panel until a single name remains, who shall be the arbitrator. The order of proceeding in the selection process shall be determined by lot.(4) SERVICE OF CERTIFICATION AND PANEL. Copies of the certification and the names of the panel members shall be served on the parties as set forth in s. ERC 10.07.(5) ARBITRATOR IMPARTIALITY. The commission shall designate only competent, impartial and disinterested persons to act as arbitrators or to be included in a panel of arbitrators.Wis. Admin. Code Employment Relations Commission ERC 31.10
CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.