Outline of Recent WERC Developments -- August 2003

Outline of Recent WERC Developments -- August 2003

WERC COMMISSION DECISION UPDATE

WERC STAFF MEETING -- Madison, WI

AUGUST 29, 2003

Presented by Peter Davis, WERC General Counsel

CAMPBELLSPORT SCHOOL DISTRICT, DEC. NO. 30585 (WERC, 3/03)

Commission concludes it has jurisdiction to determine whether Commission investigator correctly determined that a deadlock exists or continue to exist.

Commission concludes that "deadlock" is the functional equivalent of "impasse."

Commission concludes that investigator correctly determined that deadlock did not dissolve by virtue of District expression of ongoing interest in returning to bargaining table and reaching agreement. Thus, deadlock existed at the time the District implemented its QEO.

OZAUKEE COUNTY, DEC. NO. 30562-A (WERC, 7/03)

Commission concludes that Sec. 111.70(4)(cm) 6. e., Stats. mandates that interest

arbitration proceedings not be interrupted by the pendency of a prohibited practice complaint. Commission notes that the breadth of the WERC’s remedial authority in complaint proceedings is sufficient to guarantee that a party will not be ultimately advantaged by illegal conduct.

OZAUKEE COUNTY, DEC. NO. 30562-B (WERC, 8/03)

Commission denies request that the investigation be reopened now that the parties

know the Commission’s ruling in Dec. No. 30563-A. Commission concludes that it does not have a persuasive basis for overturning investigator’s judgment that despite the potential impact of the outcome of the complaint litigation on the parties’ positions at the bargaining table, he had no reasonable basis for concluding that further mediation would produce a voluntary settlement. Commission notes that an investigator must consider both the potential impact of future events and the statutory interest in access to a "speedy" dispute resolution process.

RIVER FALLS SCHOOL DISTRICT, DEC. NO. 30563 (WERC, 2/03)

Commission concludes that benefits in effect on the 90^th day prior to contract expiration must be maintained as part of a QEO offer for successor contract even though the side letter creating the benefits explicitly states that the benefits expire with the existing contract.

Commission notes that the union can waive its statutory right to have the side letter benefits continue as part of an implemented QEO.

UNITED AUTO WORKERS LOCAL 72, DEC. NO. 29431-C (WERC, 7/03)

Commission affirms Examiner’s refusal to postpone hearing and dismissal of complaint where Examiner had given Complainant two weeks written notice that complaint would be dismissed if evidence was not presented at scheduled hearing by either Complainant or his representative. Commission notes that after listening to Complainant’s opening statement, Examiner could have advised Complainant that he could testify on his own behalf but Commission concludes that Examiner’s failure to do so does warrant setting aside complaint dismissal where, as here, Complainant does not assert on review that he believed he had presented evidence through his opening statement.

ST CROIX COUNTY, DEC. NO. 12271-D (WERC, 4/03)

Commission dismisses petition for election as untimely due to pending earlier filed interest arbitration petition. Commission rejects argument that dates other than the dates of filing of the election and interest arbitration petitions are relevant to a timeliness determination.

NORTH CENTRAL HEALTH CARE FACILITY, DEC. NO. 29770-D (WERC, 3/03)

Commission concludes that pending complaint blocks further processing of election petition until there is a final disposition of the complaint through a Commission decision or Employer unilaterally remedies the alleged violation through posting of an appropriate notice.

Commission subsequently advises the parties in response to a motion for reconsideration that the Employer must take action sufficient to allow the Commission to issue a formal "consent decree."

CITY OF KENOSHA, DEC. NO. 30629-A (WERC, 6/03)

Commission rejects alleged non-compliance with a settlement agreement as a basis for setting aside Order Dismissing Complaint that was based another portion of the settlement agreement.

VILLAGE OF REEDSVILLE, DEC. NO. 30313-B (WERC, 7/03)

Commission dismisses petition for election as untimely due to pending earlier filed interest arbitration petition. However, after parties reach agreement on an initial contract , unless the parties resolve the issue raised by the election petition to their mutual satisfaction, Commission will hear merits of claim that several "regular part-time employee" should have been allowed to vote and potentially be included in the unit.

WATERFORD SANITARY DISTRICT NO. 1, DEC. NO. 30214-E (WERC, 7/03)

Commission denied motion to dismiss unit clarification where filing party alleged relevant change in circumstances. However, because filing party had previously been ordered to provide a sworn affidavit in support of the petition, further processing of the petition was held in abeyance until such affidavit was filed.

This page constitutes a public domain communication of the Wisconsin Employment Relations Commission. The URL of this page is http://werc.wi.gov/outline_recent_developments_august_2003.htm . Last modified on 08 SEP 2003. Comments, questions and suggestions