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Wisconsin Employment Relations Commission (WERC) Publishes Consumer Price Index (CPI) Rate for General Municipal Employee Collective Bargaining Agreements Beginning January 1, 2014

The Wisconsin Employment Relations Commission published the January 1, 2014 Consumer Price Index rate for negotiating "total base wage" one-year collective bargaining agreements between municipal employers and general municipal employee bargaining units. The January 1, 2014 CPI rate has dropped to 1.66%. The CPI rate for agreements beginning July 1, 2013 was 2.07%, and the CPI rate was 2.96% for agreements beginning January 1, 2013.

As a result of these new published rates, the municipality and the bargaining representative cannot negotiate a total base wage increase above 1.66% for agreements beginning January 1, 2014. If the municipality wants to collectively bargain a total base wage increase above 1.66%, then the municipality must receive approval from the electorate through a referendum.

Employers should also remember that WERC is once again implementing annual certification elections for general municipal employee bargaining units. These elections require the bargaining representative to receive 51% of the vote of all bargaining unit members in order to continue representing the employee group. The certification election process has already begun for school districts and bargaining representatives of school district employee groups. That election process should finish by December 2013. We anticipate the annual certification elections for municipal collective bargaining groups will occur shortly thereafter. Further information should be released this fall.

The rules for school districts established the consequences of a collective bargaining representative's failure to timely file a petition for election, and we anticipate these rules will remain similar for municipal entities. According to those rules, if a timely petition is not filed, then the following consequences shall apply:

  • If no collective bargaining agreement is in effect, then the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of petition filing deadline.

  • If a collective bargaining agreement is in effect, then the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the expiration of the agreement.

  • The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for at least a period of one year following the petition filing deadline or the expiration of the collective bargaining agreement.

We believe WERC will use the same telephonic voting process they previously used during the first round of certification elections involving School Districts.

©2019 von Briesen & Roper, s.c

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About this Author

James R. Korom, von Briesen Roper Law Firm, Healthcare, Labor and Employment Law Attorney

James Korom has been involved in advising public and private sector clients on all aspects of labor and employment law; he has acted as chief spokesperson in negotiations; he has advised clients in matters of employee evaluation, discipline, and discharge, including examining discrimination, constitutional, civil service, and contractual issues; he has handled many grievance arbitration cases, unfair labor practices cases and discrimination cases for the firm’s clients.

Jim clerked with the Wisconsin Employment Relations Commission before...

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Kyle Gulya, von Briesen Roper Law Firm, Madison, Corporate, Labor and Employment Law Attorney

Kyle Gulya is a Shareholder in the Labor and Employment Law Section. Kyle advises both public and private sector employers with employment-and labor-related issues including regulatory compliance, antidiscrimination practices, contractual and workplace policy matters, and personnel management. He handles numerous aspects of labor-management relations from advising clients during union organizing campaigns to serving as chief negotiator during collective bargaining negotiations. He also advises clients regarding complex internal investigations and effectively resolving personnel disputes. Kyle frequently advises clients regarding employment agreements, independent contractor agreements, covenants not to compete, and confidentiality agreements. Kyle also assists clients with crisis communications and effectively handling crisis situations, and he regularly advises clients regarding Wisconsin’s Public Records Law and Open Meetings Law.

Kyle has extensive experience involving the unique employment-and labor-related issues faced by Police Departments, Fire Departments, Sheriff’s Departments and Police & Fire Commissions. Kyle works closely with law enforcement professionals regarding management-side labor-and employment-related issues. Kyle is very proud of his relationships with the Wisconsin Chiefs of Police Association, the Wisconsin Fire Chiefs Education Association, and the Wisconsin Police Leadership Foundation.

Kyle also regularly advises school districts regarding education-related issues, including issues involving student records and discipline, contract renewal and nonrenewal, and other unique issues affecting school boards and school districts. Kyle served as President and on the Board of Directors of the Wisconsin School Attorneys Association, and he has presented to School Administrators and Board Members on numerous education-law related topics.

608-316-3177