(3) It shall be an unfair labor practice for any other person:

(a) To do any act forbidden to employers or employes by this chapter. (b) To coerce or intimidate any employer to interfere with any of his employes in the exercise of their rights guaranteed in section 111.04 of this chapter. 111.06 Representatives and elections.-(1) Representatives designated or selected for the purposes of collective bargaining by the majority of the employes in a collective bargaining unit shall be the exclusive representatives of such employes in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment, provided that nothing herein shall prohibit any employe, or minority or majority group of employes, from bargaining with management or from declaring a labor dispute to exist respecting themselves, and such employe or minority or majority group of employees shall have the benefit and protection of sections 103.51 to 103.64 pertaining to labor disputes.

(2) Whenever a question arises concerning a unit appropriate for collective bargaining, the Commission shall determine the collective bargaining unit by secret ballot, and upon request of one or more members of any craft, operation, division, department or plant (or a bona fide labor organization representing. any of them), the Commission shall cause the ballot to be taken in such manner as to show separately the wishes of the employes in such craft, operation, division, department or plant as to the determination of the appropriate unit.

(3) Whenever a question arises concerning the representation of employes in a collective bargaining unit, the Commission shall determine the representatives thereof by taking a secret ballot of employes and certifying the results thereof to the parties and to their employer or employers in writing. There shall be included on any ballot for the election of representatives the names of all individuals or labor organizations submitted by any employe or group of employes participating in the election. The Commission's certification of the results of any secret ballot shall be conclusive as to the findings included therein unless reviewed in the same manner as provided by subsection (6) of section. 111.07 for review of orders of the Commission.

(4) Whenever an order of the Commission made pursuant to subsection (3) of section 111.07 is based in whole or in part upon facts certified following an election pursuant to subsection (3) of this section, and there is a petition for the enforcement or review of such order, such certification and the record of such election shall be filed in the court wherein jurisdiction is invoked.

111.07 Prevention of unfair labor practices.-(1) The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unfair practice as defined in section 111.05.

(2) Whenever a complaint is filed with the Commission by a party to a labor dispute charging anyone with having engaged in specific unfair labor practices, the Commission, or any agent or agency designated by the Commission for such purposes (the designation of an "agent or agency" as here and hereinafter used in this context being restricted, except in the case of arbitrators or mediators, to regular examiners employed by the Commission), shall issue and cause to be served upon such person or persons a complaint stating the charges in that respect, and containing a notice of hearing before the Commission or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint or any amendment thereof. Only one such complaint shall issue against a person with respect to a single labor dispute, but any such complaint may be amended by the member, agent or agency conducting the hearing or the Commission in its discretion at any time prior to the issuance of an order based thereon. The person or persons so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent or agency conducting the hearing, or the Commission, any other person may be allowed to appear in the said proceeding to present testimony on the issue.

(3) A full and complete record shall be kept of all proceedings had before the Commission or any member or agent thereof in any formal investigation or hearing, and all testimony shall be taken down by the stenographer appointed by the Commission. If upon the record and testimony taken the Commission

shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Commission shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employes with or without pay, as will effectuate the policies of this chapter. The board may in its discretion, order the suspension or revocation of any license granted by it pursuant to subsection (2) of section 111.03 or any right, immunity, privilege or remedy created or afforded by this chapter or sections 103.51 to 103.64. Any order may further require such person to make reports from time to time showing the extent to which it has complied with the order. If upon the record and testimony taken the Commission shall be of the opinion that no person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Commission shall state its findings of fact and shall issue an order dismissing the said complaint.

(4) Until the record in a case shall have been filed in a court, as hereinafter provided, the Commission may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it.

(5) If such person fails or neglects to obey such order of the Commission while the same is in effect, the Commission may petition the circuit court of the county wherein such person resides or usually transacts business, for the enforcement of such order and for appropriate temporary relief or restraining order, and shall certify and file in the court its record in the proceeding, including the pleadings and testimony, upon which such order was entered and the findings and order of the Commission. Upon such filing the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and shall make and enter upon the record a decree enforcing, modifying or setting aside in whole or in part the order of the Commission. No objection that has not been urged before the Commission, its member. agent or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Commission as to the facts shall be conclusive, unless a transcript of the evidence discloses that said findings are unsupported. If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Commission, its members, agent or agency, the court may order such additional evidence to be taken before the Commission, its member, agent or agency, and to be made a part of the record. The Commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive. and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the supreme court in the same manner as proceedings are reviewed on appeal from orders of the circuit court in cases emanating from the Indus trial Commission of the state.

(6) Any person aggrieved by final order of the Commission granting or denying in whole or in part the relief sought may obtain a review of such order in the same manner as provided by the next preceeding subsection of this section, within ten days after receipt of a copy of the order of the Commission A copy of the petition for review shall be forthwith served upon the Commis sion, and thereupon the aggrieved party shall cause to be filed in the court the record in the proceeding, certified by the Commission, including the plead ing and testimony upon which the order complained of was entered and the findings and order of the Commission. Upon such filing, the court shall proceed in the same manner as in the case of an application by the Commission under subsection (5) of this section and shall have the same jurisdiction to grant to the aggrieved person such temporary relief or restraining order as

it deems just and proper, and shall in like manner make and enter a decree enforcing, modifying or setting aside, in whole or in part, the order of the Commission; and each party shall have the same rights with respect to adducing new testimony, and appealing to the supreme court of the state as is provided in subsection (5) of this section.

(7) This commencement of proceedings under subsections (5) or (6) of this section shall, unless otherwise specifically ordered by the court, operate as a stay of the Commission's order.

(8) Petitions filed under this section shall have precedence over any civil cause of a different nature pending in the circuit court, shall be heard expeditiously, and if possible within ten days after they have been docketed, and the circuit courts shall always be deemed open for the trial thereof. (9) A substantial compliance with the requirements of this chapter shall be sufficient to give effect to the orders of the Commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto.

(10) A transcribed copy of the evidence and proceedings or any part thereof on any hearing taken by the stenographer appointed by the Commission, being certified by such stenographer to be a true and correct transcript, carefully compared by him with his original notes, and to be a correct statement of such evidence and proceedings, shall be received in evidence with the same effect as if such reporter were present and testified to the facts so certified. A copy of such transcript shall be furnished on demand, free of cost, to any party (considering all the members of a voluntary association one party) to such investigation or hearing.

111.08 Duties of the attorney general and district attorneys.-Upon the request of the Commission, the attorney general or the district attorney of the county in which a proceeding is brought before the circuit court for the purpose of enforcing or reviewing an order of the Commission, shall appear and act as counsel for the Commission in such proceeding and in any proceeding to review the action of the circuit court affirming, modifying, or reversing such order.

111.09 Arbitration.-(1) The Commission shall have power to act and to appoint any person, agent or agency to act as arbitrator in labor disputes, when parties agree to submit the whole or any part of a labor dispute to the arbitration of the Commission or its appointees. Any such appointee or appointees shall be either a regular deputy or deputies employed by the Commission, or some other competent and disinterested person or persons. A provision in a written contract or a written agreement to submit to the arbitration of the Commission or its appointees, when accepted by the Commission after the dispute has arisen, shall be valid and irrevocable as to the parties to the agreement, save upon such grounds as exist at law or in equity for the revocation of any contract. If any party fails, neglects or refuses to perform under such contract or submission, the Commission, its agents or appointees, may nevertheless, in the discretion of the Commission, proceed to hear the case ex parte, and the Commission, its agents or appointees, shall have the power to issue an award applicable to the submitting parties.

(2) The Commission shall make and publish, pursuant to section 111.03. rules for the conduct of arbitrations, and an agreement to submit to the arbitration of the Commission, or its appointees or its agents, shall be deemed consent to the proceeding being conducted in accordance with such rules then obtaining unless otherwise specified in the arbitration contract or submission. An agreement to submit to the Commission shall authorize the Commission to appoint agents to take evidence, and in the discretion of the Commission, to render a decision in the name of the Commission on the findings thus presented, unless otherwise specified in the agreement. The Commission may, however, in its discretion, render a decision on testimony taken before its agents.

(3) In any case in which an award has been made, the Commission shall file the award in the office of the clerk of the circuit court having jurisdiction under section 111.07. Notice of the filing shall be personally served or sent by registered mail to each submitting party. Unless a petition to impeach the award on the grounds hereinafter set forth shall be filed in the office of the

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clerk of such circuit court, the court shall enter judgment in accordance with the terms of the award, provided that no employe individually, and no group of employes collectively, shall be compelled to render labor or services without their consent.

(4) A petition for the impeachment of any award may be filed not more than ten days after the communication of notice of the filing of the award to the submitting parties. Notice of filing of such petition shall be served personally or sent by registered mail to each submitting party. The petition shall be sustained by the court only on one or more of the following grounds: (a) That the proceedings were not substantially in conformity with the provisions of the arbitration agreement or rules adopted for the conduct of the arbitration.

(b) That an arbitrator or member of the Commission participating in the award was guilty of fraud or corruption; or that a party to the award practiced fraud or corruption which affected the result, provided that partisanship known, or which by the exercise of due care should have been known, by a party prior to the arbitration proceeding, shall not constitute fraud of which he may avail himself within the meaning of this section.

(5) The court shall not set aside an award on the ground that it is invalid for uncertainty. In such case the court shall suspend action pending its resubmission of said award to the Commission for interpretation.

(6) Where there was an evident material miscalculation of figures, or an evident material mistake in the description of any person, thing, or property referred to in the award, or where the arbitrators have awarded on a matter not submitted to them, unless it is a matter affecting the merits of the decision on the matters submitted or where the award is imperfect in the matter of form not affecting the matter of the controversy, the court shall modify and correct the award so as to affect the intent thereof and promote justice between the parties, and thereupon shall enter judgment in accordance with subsection (3) of this section.

(7) The court shall construe every award with a view to favoring its validity. If the court shall determine that a part of the award is invalid on some ground or grounds designated in this section as a ground of invalidity, but that a part of the award is valid, the court shall nevertheless enter judgment upon such part or parts of the award as are valid unless such part or parts are inseparable from the remainder of the award, in which case the entire award shall be vacated.

(8) If the petition for impeachment of the award is not sustained, the court shall enter judgment in accordance with the terms of the award, and in accordance with subsection (3) of this section. Where a petition for the impeachment of an award is granted, the award shall be vacated, and the court shall remand the arbitration to the board, which may, in its discretion, accept the case for resubmission to arbitration in accordance with the terms of the original agreement or with such modifications as the Commission deems fit, or it may refuse to take any further action regarding it.

111.10 Investigational powers. For the purpose of all hearings which, in the opinion of the Commission, are necessary and proper for the exercise of the powers vested in it by sections 111.06, 111.07 and 111.09.

(1) The Commission or any member thereof shall have the same powers of subpoena, discovery and administering of oaths as have circuit courts in civil

causes.

(2) In case of contumacy or refusal to obey a subpoena issued to any person, any circuit court of the state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or usually transacts business, upon application by the Commission shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, its member, agent or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(3) No person shall be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience

to the subpoena of the Commission, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to penalty or forfeiture under the laws of the state of Wisconsin; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before the Commission in obedience to a subpoena issued by it; provided, that an individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. (4) Complaints, orders and other process and papers of the Commission, its member, agent or agency, may be served either personally or by registered mail or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt therefore when registered and mailed as aforesaid shall be proof of service of the same. Each witness who shall appear before the Commission by its order shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the chairman of the Commission and charged to the proper appropriations for the Commission. But no witness subpoenaed at the instance and in behalf of parties other than the Commission shall be entitled to compensation from the state for attendance or travel unless the Commission shall certify that his testimony was material to the matter investigated. The Commission, or any party, may in any investigation, cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like dispositions in civil actions in circuit courts. The expense incurred by the state in the taking of such depositions shall be charged against the proper appropriations for the Commission.

(5) The several departments and agencies of the state government when directed by the governor, shall furnish the Commission, upon its request, all records, papers, and information in their possession except those filed with such departments and agencies in confidence, relating to any matter before the Commission.

111.11 Penalties.-Any person who shall wilfully assault, resist, prevent, impede or interfere with any member of the Commission or any of its agents or agencies in the performance of duties pursuant to this chapter shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year or both.

111.12 Mediation.-The Commission shall have power to appoint any person, agent or agency to act as mediator in any labor dispute either upon its own initiative or upon the request of one of the parties to the dispute. It shall be the function of such mediator to bring the parties together under such favorable auspices as will tend to effectuate settlement of the dispute. The Commission shall provide necessary expenses for such mediators as it may appoint, order reasonable compensation not exceeding ten dollars per day for each such mediator. and prescribe reasonable rules of procedure for such mediators. Nothing herein stated shall be deemed to prevent commissioners of conciliation appointed by the Secretary of the United States Department of Labor from acting as mediators at the request of one of the parties to the dispute.

111.13 Limitations.-Nothing in this chapter shall be construed so as to interfere with or impede or diminish in any way the right to strike, except as specifically provided herein.

111.14 Conflict of provisions: effect.-(1) Wherever the application of the provisions of other acts or laws conflict with the application of the provisions of this chapter, this chapter shall prevail, provided that in any situation where the provisions of this chapter cannot be validly enforced, the provisions of such other acts or laws shall apply.

(2) Any conflict of law or jurisdiction between the State of Wisconsin and any other state or the United States of America in any labor dispute in this state shall be resolved in favor of the laws and jurisdiction of the State of Wisconsin.