January 12, 2017

Balloting Period for Non-School District Non-State Annual Certification Elections Set for April 5-25, 2017

The Wisconsin Employment Relations Commission announced today that annual certification election balloting regarding non-school district unions and non-state of Wisconsin employee unions will be held from noon on Wednesday, April 5 through noon on Tuesday, April 25, 2017.

A union that is serving as the current collective bargaining representative of non-school district employees and wants to participate in the annual certification is no longer required to file a petition with the Commission.  HOWEVER, THE APPLICABLE FILING FEE MUST BE RECEIVED AT THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION ON OR BEFORE 4:30 P.M. ON MONDAY, JANUARY 30, 2017.

In order to provide the Commission with the needed election information, we urge unions, on a voluntary basis, to continue to file a completed request for annual certification election form.

Unions are reminded of the continuing importance of promptly notifying the employer that the annual certification election process has been started. That notice triggers the employer’s obligation to promptly provide the Commission and the union with a proposed voter eligibility list. To assist Commission staff with processing voter lists, we ask that the Eligibility List Guidelines be followed by the employer when preparing the list for the Commission’s use.

Voters may choose to vote by telephone or online.

Voters who choose to vote by telephone will do so by calling 1-866-458-9862 (toll free) anytime between noon on Wednesday, April 5 through noon on Tuesday, April 25, 2017. After providing information that will allow the computer to verify that the employee is an eligible voter (the first four letters of last name and the last four digits of social security number), the employee will be asked “Do you want to continue to be represented by (the name of your current union) for the purpose of collective bargaining?” The employee will then be instructed on how to vote “yes” or “no” and be asked to confirm his or her choice. After confirming his or her choice, the employee’s vote will be electronically cast. The employee must confirm his or her choice for the vote to be cast. Employees experiencing trouble using the telephonic voting system can call 1-800-529-5218 during the hours of 10:00 am to 6:00 pm Monday-Friday.

Voters who choose to vote online will do so by clicking here to log on to http://www.aaaelections.org/WERC between noon on Wednesday, April 5 through noon on Tuesday, April 25, 2017, and following the on-screen instructions for online voting. A graphical outline of the online voting process can be found here. Employees experiencing trouble using the online voting system can call 1-800-529-5218 during the hours of 10:00 am to 6:00 pm Monday-Friday.

A list of frequently asked questions about the elections can be found here.



August 17, 2015

Annual Election Procedures Adjusted to Comply with Circuit Court Decision, Pending Appeal

On Monday, August 17, 2015, the WERC sent the following notification by e-mail to all unions and employers involved in school district annual recertification elections in the fall of 2014:
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On July 31, 2015, a judge of the Milwaukee County Circuit Court determined that a portion of the Commission’s administrative rules governing the recertification election procedure conflicted with the statute. More specifically, the Court decided the WERC must conduct recertification elections regardless of whether a petition for election was filed by the incumbent union. Because circuit courts have the authority to invalidate administrative rules the WERC must, pending the outcome of our appeal, change the current procedure for all labor organizations and employers as follows:

1. A union that is serving as the current collective bargaining representative, and wants to participate in the annual recertification election process is no longer required to file a petition with the Commission. HOWEVER, THE APPLICABLE FILING FEE MUST BE RECEIVED AT THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION ON OR BEFORE THE FILING DEADLINE. Critical information must be provided to the Commission to allow for the conduct of the election. To provide the WERC with the needed election information, we urge unions, on a voluntary basis, to continue to file a completed annual recertification election request.

2. Unions are reminded of the continuing importance of promptly notifying the employer that the annual recertification election process has been started. That notice triggers the employer’s obligation to promptly provide the Commission and the union with a proposed voter eligibility list. To assist Commission staff, please follow the instructions on the Eligibility List Guidelines.
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Questions can be directed to Peter Davis.


July 17, 2015

51% of Eligibles Now Required in Initial General Employee Elections

2015 Wisconsin Act 55 (the State Budget Law), in Secs. 3135i, 3138g and 9352, provides that in elections conducted after July 13, 2015, state and municipal sector general employee unions seeking initial certification to represent a collective bargaining unit have to receive at least 51% of the votes of all of the general employees in the collective bargaining unit in order to be initially certified to represent the collective bargaining unit. Under what has been and continues to be current law, a general employee union already authorized to represent a collective bargaining unit must receive at least 51% of the votes of all of the general employees in the collective bargaining unit in order to be recertified to represent the collective bargaining unit for an additional year. Prior to the above-noted change, if a general employee collective bargaining unit had been unrepresented, the union was required to obtain a majority of votes cast at the election in order to be initially certified to represent the collective bargaining unit.


Election Rules Become Permanent on July 1, 2014

The following permanent election rules chapters became effective on July 1, 2014, with their publication in the June end-of the-month Wisconsin Administrative Register. The only substantive change between the emergency rules and the permanent rules is a change in the filing deadline for school district and state employee unions to September 15.

ERC 70 Annual recertification elections for represented municipal sector general school district employees who, as of September 15, are not subject to a collective bargaining agreement or are subject to a collective bargaining agreement entered into on or after June 29, 2011.

ERC 71 Annual recertification elections for represented municipal sector general nonschool district employees who, as of January 30, are not subject to a collective bargaining agreement or are subject to a collective bargaining agreement entered into on or after June 29, 2011.

ERC 80 Annual recertification elections for represented state sector general employees who, as of September 15, are not subject to a collective bargaining agreement or are subject to a collective bargaining agreement entered into on or after June 29, 2011.