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Local Governments and School Districts Blog

No Petition Required for Recertification

Authored by Dean R. Dietrich
Posted on August 27, 2015
Filed under Local Governments and School Districts

The Wisconsin Employment Relations Commission (WERC) has announced that employers will not be required to file a recertification election petition if they are seeking recertification in the fall.  A recent Circuit Court decision from Milwaukee County (which is under appeal) held that unions currently representing local government employees were not required to file a recertification petition in order to have the recertification election process implemented by the WERC.  In other words, all unions currently representing employees are automatically placed into the recertification election process without the necessity of filing a petition. 

The public sector union will still have to pay the filing fee which must be received by the WERC before Tuesday, September 15, 2015, in order for the election proceeding to be processed.  The annual certification election process will occur between November 4 and November 24, 2015 for all unions involved in school district recertification elections.  The WERC is asking unions to voluntarily complete the annual certification election petition or the substitute information sheet in order for a proper process to be followed to determine who is eligible to vote in the recertification election.  Employers will be required to provide background information including the information allowing the WERC to communicate with those employees deemed eligible to vote in the election.

It will be interesting to see how this process works if there is no petition filed with the WERC.  This may result in confusion and a question whether the collective bargaining representative is actually representing the bargaining unit under these new procedures.