Appeals filed with the WERC (including State Civil Service appeals) are initially screened by the WERC professional staff to determine if there are apparent jurisdictional defects. In such cases, the Commission advises the appellant of the apparent jurisdictional problem and gives the appellant a chance to respond. The Commission then decides whether to accept jurisdiction.

In those cases where there does not appear to be an initial question of jurisdiction on the face of the appeal, prehearing conferences are scheduled. At that conference, which is typically conducted by telephone, the possibility of settlement by mutual agreement short of hearing is discussed. The parties also have a chance to raise perceived jurisdictional or procedural issues. Further processing may also be discussed at the prehearing conference. For example, the parties may wish to hold a case in abeyance pending the results of related proceedings (e.g., a personnel survey or a court proceeding), the results of which might effectively resolve the conflict presented by the appeal. In many instances, the prehearing conference will generate a date for hearing and agreement on an issue for that hearing. Various logistical matters are also often addressed.

Hearings are usually held before a Commissioner or staff attorney acting as hearing examiner pursuant to s. 227.46(1), Stats. In the alternative, s. 230.44(4)(bm), Stats., provides for an arbitration-type procedure for appeals of classification matters. Pursuant to this provision, an employee involved in such an appeal may elect an arbitration-type proceeding, in which the hearing examiner acts as an arbitrator and at the close of the hearing renders an oral decision which is final and binding on the parties. Since the arbitration process is exempt from the coverage of the Administrative Procedure Act, these hearings are less formal than non-arbitration hearings. For information about the the differences between the arbitration-type procedure and the contested case procedure [click here].

If the hearing is not conducted as a s. 230.44(4)(bm), Stats., arbitration, the proceeding is subject to the contested case provisions of the Administrative Procedure Act, and is somewhat more formal in nature. Following the hearing, the parties may or may not file post-hearing briefs. The examiner then prepares a proposed decision which is served on the parties in accordance with s. 227.46(2), Stats. The parties have the opportunity to file written objections and arguments with respect to the proposed decision, or may request oral argument. After the Commission has considered the parties' objections and arguments, it issues a final decision which may be appealed to circuit court pursuant to s. 227.52, Stats.

Some appellants before the Commission choose to retain an attorney to represent them in the proceedings. Others choose to represent themselves or to have a union representative, friend or relative assist them with the preparation of their case. For additional information about the hearing procedure for appellants who are not represented by an attorney,.[click here]

More specific information about the procedures followed by the WERC in conducting personnel appeals cases can be found in the applicable administrative rules. Specific website information about personnel appeals is also available concerning time limits for filing and concerning filing fees.

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This page is a public domain communication of the Wisconsin Employment Relations Commission. The URL of this page is {http://werc.wi.gov/personnel_appeals_process.htm}. Last modified on 06 APR 2004. Comments, questions and suggestions.