Wis. Admin. Code Department of Workforce Development § DWD 60.08 - Selection of operators
(1) DEPARTMENT RESPONSIBILITY. The department
shall select operators for business enterprises from among persons licensed to
operate business enterprises. The licensee deemed to be best suited for an
available business enterprise shall be selected. The department may appoint a
committee of operators and department staff to make a recommendation about the
best suited licensee for the available business enterprise.
(2) NOTIFICATION OF VACANCIES. The department
shall notify all licensees in writing of vacancies in business enterprises
throughout the state with instruction for applying to fill the
vacancies.
(3) ORDER OF PREFERENCE.
In selecting an operator for a vacancy, the department shall first consider
applicants who are currently operators and thereafter applicants who are
licensees but not currently operators, except that preference shall be given to
a licensee who was an operator and has requested transfer to a new location in
accordance with s.
DWD 60.07(2)
(b).
(4) METHOD OF NOTIFYING A SUCCESSFUL
APPLICANT. The department shall notify the successful applicant in writing by
return receipt requested mail of its offer of a vacant operator position to
that individual. Within 5 working days after receipt of an offer, the
successful applicant shall notify the department in writing by return receipt
requested mail that he or she accepts or refuses the offer. Refusal of an offer
is final and irrevocable. An applicant who changes his or her mind after
accepting an offer and who was an operator at another location at the time of
acceptance is not permitted to recover the operator position vacated upon
acceptance of the new position unless all affected licensees, the committee and
the department agree.
(5)
INVENTORY. When a new operator takes over a business enterprise, the department
and the operator or the operator's representative shall immediately conduct a
physical inventory of equipment, accessories and merchandise.
(6) PROBATIONARY PERIOD. All operators shall
serve a probationary period of 6 months, including operators who have been
promoted or transferred. The department may shorten the probationary period to
3 months following an operator's satisfactory management of the business
enterprise during that period, or the department may lengthen the probationary
period to one year.
(7)
CO-MANAGEMENT.
(a)
Definition. In this subsection, "assessment" means an
examination of operational requirements that include but are not limited to
operating hours or days, volume of merchandise sold, number of peak sales
periods per day, complexity and extensiveness of product line and inventory,
number of employes, total labor hours per day, ratio of employe hours to
management hours, sales generated per employe, required management skill level,
the scope of managerial responsibilities and stipulations of agreement with
building management.
(b)
Need.
1. A co-manager
position may be established only when department staff, with participation of
the committee, determine that an additional operator is necessary to satisfy
the management needs of the enterprise.
2. Department staff shall determine
management need on the basis of an assessment of operational requirements
undertaken with participation of the committee.
3. A new facility shall have an assessment
before any vacancy is posted. If the need for co-management is uncertain, the
vacancy announcement shall indicate that co-management may be needed in the
future.
4. A facility that is
operational shall have an assessment when department staff determine that an
assessment is appropriate or when an operator requests an assessment.
(c)
Criteria for
co-management.
1. At an existing
facility, a co-manager position may be added when department staff determine it
is needed for facility management, as identified in one of the following ways:
a. Through an assessment done in accordance
with par. (b); or
b. Through an
assessment after department staff have determined that existing management
deficiencies threaten the ongoing operation of the business.
2. A co-manager position may be
eliminated only when that position is vacant and department staff, with
participation of the committee, determine that the management need of the
business is satisfied without it. This assessment shall indicate the need for
any additional employe hours with the elimination of the co-manager position.
The position may not be eliminated if additional employe hours exceed 9 hours
per day or 45 hours per week.
(d)
Managerial duty list.
1. When a co-manager position is announced,
the announcement shall contain an existing or proposed managerial duty list.
The duty list may not be revised while the position is vacant.
2. For a facility opened after June 1, 1994
the approved co-managers shall submit the managerial duty list to the
department within 60 days after the opening date of the business. Department
staff may, within 30 days after receiving the duty list, and with the advice of
the committee, reject the duty list or require that it be revised. If a
co-manager disagrees with the action of the department, he or she may file a
grievance in accordance with s.
DWD
60.05.
3.
For a facility that is in operation on June 1, 1994 the approved co-managers
shall submit the managerial duty list to the department within 60 days after
June 1, 1994.
4. Co-managers of a
business that has had a duty list previously approved by the department may
revise the duty list, subject to approval of the department. The revised duty
list shall reflect a new co-manager's previous work experience and shall be
further revised as his or her skill level progresses. The committee may
participate in the approval process at the request of an affected operator or
the department. Within 30 days after receiving a revised duty list, department
staff may reject that list or require additional changes in it. If a co-manager
disagrees with the action of the department, he or she may file a grievance
under s.
DWD
60.05. Pending a decision on the grievance, the
original duty list shall remain in effect except for those items that are not
in dispute.
(e)
Equal responsibility and equal income sharing.
1. Co-managers shall be equally responsible
for business operations and for complying with this chapter.
2. Co-managers shall equally share the income
of the business unless they and the department agree on a different
distribution or if the effect of equal sharing is to reduce the percentage or
share of the income of the business received by a co-manager who was a
co-manager on June 1, 1994.
Notes
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