111.05 Representatives and elections.
(1) Representatives chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representatives of all of the employees in such unit for the purposes of collective bargaining, provided that any individual employee or any minority group of employees in any collective bargaining unit shall have the right at any time to present grievances to their employer in person or through representatives of their own choosing, and the employer shall confer with them in relation thereto.
(2) Whenever a question arises concerning the determination of a collective bargaining unit, it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.
(3) Whenever a question arises concerning the representation of employees in a collective bargaining unit the commission shall determine the representatives thereof by taking a secret ballot of employees and certifying in writing the results thereof to the interested parties and to their employer or employers. There shall be included on any ballot for the election of representatives the names of all persons submitted by an employee or group of employees participating in the election, except that the commission may, in its discretion, exclude from the ballot a person who, at the time of the election, stands deprived of the person's rights under this subchapter by reason of a prior adjudication of the person's having engaged in an unfair labor practice. The ballot shall be so prepared as to permit of a vote against representation by anyone named on the ballot. The commission's certification of the results of any election shall be conclusive as to the findings included therein unless reviewed in the same manner as provided by s. 111.07 (8) for review of orders of the commission.
(3m) Whenever an election has been conducted pursuant to sub. (3) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, in its discretion, if requested by any party to the proceeding within 30 days from the date of the certification of the results of such election, conduct a runoff election. In such runoff election, the commission may drop from the ballot the name of the representative that received the least number of votes at the original election, or the privilege of voting against any representative when the least number of votes cast at the first election was against representation by any named representative.
(4) Questions concerning the determination of collective bargaining units or representation of employees may be raised by petition of any employee or the employee's employer, or the representative of either of them. Where it appears by the petition that any emergency exists requiring prompt action, the commission shall act on the petition immediately and hold the election requested within such time as will meet the requirements of the emergency presented. The fact that one election has been held does not prevent the holding of another election among the same group of employees, provided that it appears to the commission that sufficient reason for another election exists.
History: 1983 a. 189 s. 329 (4); 1993 a. 492; 1995 a. 27; 1999 a. 83; 2009 a. 28; 2011 a. 10.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 111 - Employment relations.
111.05 - Representatives and elections.
111.06 - What are unfair labor practices.
111.07 - Prevention of unfair labor practices.
111.08 - Financial reports to employees.
111.09 - Rules, orders, transcripts, training programs and fees.
111.115 - Notice of certain proposed strikes.
111.12 - Duties of the attorney general and district attorneys.
111.15 - Construction of subchapter I.
111.17 - Conflict of provisions; effect.
111.18 - Limit on payment to health care institutions.
111.19 - Title of subchapter I.
111.31 - Declaration of policy.
111.3205 - Franchisors excluded.
111.321 - Prohibited bases of discrimination.
111.322 - Discriminatory actions prohibited.
111.325 - Unlawful to discriminate.
111.33 - Age; exceptions and special cases.
111.335 - Arrest or conviction record; exceptions and special cases.
111.337 - Creed; exceptions and special cases.
111.34 - Disability; exceptions and special cases.
111.345 - Marital status; exceptions and special cases.
111.35 - Use or nonuse of lawful products; exceptions and special cases.
111.355 - Military service; exceptions and special cases.
111.36 - Sex, sexual orientation; exceptions and special cases.
111.365 - Communication of opinions; exceptions and special cases.
111.37 - Use of honesty testing devices in employment situations.
111.371 - Local ordinance; collective bargaining agreements.
111.372 - Use of genetic testing in employment situations.
111.375 - Department to administer.
111.38 - Investigation and study of discrimination.
111.39 - Powers and duties of department.
111.50 - Declaration of policy.
111.52 - Settlement of labor disputes through collective bargaining and arbitration.
111.53 - Appointment of conciliators and arbitrators.
111.55 - Conciliator unable to effect settlement; appointment of arbitrators.
111.56 - Existing state of affairs to be maintained.
111.57 - Arbitrator to hold hearings.
111.58 - Standards for arbitration.
111.59 - Filing order with clerk of circuit court; period effective; retroactivity.
111.60 - Judicial review of order of arbitrator.
111.61 - Commission to establish rules.
111.62 - Strikes, work stoppages, slowdowns, lockouts, unlawful; penalty.
111.70 - Municipal employment.
111.77 - Settlement of disputes.
111.825 - Collective bargaining units.
111.83 - Representatives and elections.
111.84 - Unfair labor practices.
111.845 - Wage deduction prohibition.
111.85 - Fair-share and maintenance of membership agreements.
111.86 - Grievance arbitration.
111.91 - Subjects of bargaining.
111.93 - Effect of labor organization; status of existing benefits and rights.
111.935 - Representatives and elections for research assistants.