1. (1) Procedure. If either party refuses or otherwise fails to implement an interest arbitration award lawfully made by failing to incorporate it into a written collective bargaining agreement, the other party may file a complaint of prohibited practices as provided in ch. ERC 12. The resulting complaint proceeding shall be a class 2 proceeding within the meaning of s. 227.01 (3) (b), Stats., governed by the provisions of ss. 111.07 and 111.70 (4) (a), Stats. In determining whether an interest arbitration award was lawfully made, the commission shall find that the award was not lawfully made under the following circumstances:

   1. (a) Where the interest arbitration award was procured by corruption, fraud or undue means;
   2. (b) Where there was evident partiality on the part of the neutral arbitrator or corruption on the part of an arbitrator;
   3. (c) Where the arbitrator was guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear supporting arguments or evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced;
   4. (d) Where the arbitrator exceeded his or her powers, or so imperfectly executed them that a mutual, final and definite interest arbitration award was not made.
2. (2) Attorney fees; interest; other costs. Any party refusing to include an arbitration award or decision under s. 111.70 (4) (cm), Stats., in a written collective bargaining agreement or failing to implement the award or decision, unless good cause is shown, shall be liable for attorney fees, interest on delayed monetary benefits, and other costs incurred in any action by the non-offending party to enforce the award or decision.

History

History: CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.