Wisconsin Code § 111.88

Fact-finding
Open in Lexace · Ask the AI about this section
(1) If a dispute has not been settled after a reasonable period of negotiation and after the settlement
procedures, if any, established by the parties have been exhausted, the representative which has been certified by the commission after an election, or, in the case of a representative of employees specified in s. 111.81 (7) (a), has been duly recognized by
the employer, as the exclusive representative of employees in an
appropriate collective bargaining unit, and the employer, its officers and agents, after a reasonable period of negotiation, are
deadlocked with respect to any dispute between them arising in
the collective bargaining process, the parties jointly, may petition
the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.
(2) Upon receipt of a petition to initiate fact-finding, the commission shall make an investigation with or without a formal
hearing, to determine whether a deadlock in fact exists. After its
investigation, the commission shall certify the results thereof. If
the commission decides that fact-finding should be initiated, it
shall appoint a qualified, disinterested person or 3-member panel,
when jointly requested by the parties, to function as a fact finder.
(3) The fact finder may establish dates and place of hearings
and shall conduct the hearings under rules established by the
commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may
administer oaths. Upon completion of the hearing, the fact finder
shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the
parties and the commission. In making findings and recommendations, the fact finder shall take into consideration among other
pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Cost of factfinding proceedings shall be divided equally between the parties.

At the time the fact finder submits a statement of his or her costs
to the parties, the fact finder shall submit a copy thereof to the
commission at its Madison office.
(4) Nothing herein shall be construed as prohibiting any fact
finder from endeavoring to mediate the dispute at any time prior
to the issuance of the fact finder’s recommendations.
(5) Within 30 days of the receipt of the fact finder’s recommendations or within such time period mutually agreed upon by
the parties, each party shall advise the other, in writing, as to the
party’s acceptance or rejection, in whole or in part, of the fact
finder’s recommendations and, at the same time, send a copy of
such notification to the commission at its Madison office. Failure
to comply with this subsection, by the state employer or employee
representative, constitutes a violation of s. 111.84 (1) (d) or (2)
(c).

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.