Wisconsin Employment Relations Commission

Recent Developments at the
Wisconsin Employment Relations Commission

Presented by Peter G. Davis
WERC General Counsel
to the Wisconsin School Attorneys Association

October 8, 1997

The views expressed in this presentation are those of the speaker and not necessarily those of the Wisconsin Employment Relations Commission.


The Commission-Chair Meier, Commissioner Hempe and Hahn

Timeliness of Decisions-Major Emphasis

Staff Resources-Eau Claire Office

Technology-Web Site-Marshall Gratz (414) 963-4695

Madison Office Location effective 10/29/98-18 South Thornton Ave. 53707-7870. Phone Numbers and P.O.Box remain the same. P.O. Box 7870 (608) 266-1381

1999-2001 Budget


Revision of QEO Rules will be needed to Reflect 1997 Wisconsin Act 237

Completion of Filing Fee Rule Process


Dodgeland Schools- Declaratory Ruling

Is preparation time still a permissive subject of bargaining? Is preparation time a "fringe benefit" under QEO law? Is a preparation time impact proposal an "economic issue" under QEO law?

State of Wisconsin-Examiner Review-Dec. No. 29093-A

Does the Commission have authority to award attorneys fees to Respondents in complaint cases? How will fees be established?

Racine Schools-Examiner Review-Dec. No. 29203-A

Must a union exhaust the grievance procedure in an expired contract before the Commission will assert jurisdiction over a duty to bargain unilateral change complaint filed under Sec. 111.70(3)(a) 4, Stats.

City of Superior-Declaratory Ruling

Minimum Manning vs. Firefighter Safety

Winnebago County/Marathon County-Declaratory Ruling

Is the statutory forum for review of discipline imposed on county law enforcement employes exclusive or can alternative review mechanisms be bargained?

Oneida County/Ozaukee County-Unit Clarification

Is the "chief deputy" for a county treasurer, county clerk, clerk of court or register of deeds excluded from any existing bargaining unit as a matter of law?


Green Bay Schools-Dec. No. 28871-B (WERC, 4/98)

Commission need not and does not determine whether a teacher’s refusal to attend a school open house is lawful concerted activity or a strike within the meaning of Sec. 111.70 (1) (nm), Stats.

Consideration of the interplay between conduct which may have a reasonable tendency to interfere with the exercise of rights under Sec. 111.70(2), Stats. and conduct based on a "valid business reason."

State of Wisconsin-Dec. No. 28222-C (WERC, 7/98)

Statute of limitations is an affirmative defense which was waived by the failure to raise it until after the hearing.

City of Milwaukee-Dec. No. 29402 (WERC, 6/98)

Pre-employment contract is not a mandatory subject of bargaining but employer must bargain over the impact of such a contract on employe wages, hours and conditions of employment.

City of Marshfield-Dec. No. 28973-B (WERC, 3/98)

Where a union has no reason to know that it should ask for "relevant and reasonably necessary" information, employer’s failure to provide that information may violate the duty to bargain.

Madison Schools-Dec. No. 28832-A (WERC, 9/98)

Application of the "relevant and reasonably necessary" standard and the employer’s asserted confidentiality interest to a union request for teacher performance information.

Racine Schools-Dec. No. 28614-D (WERC, 1/98)*

Application of the doctrine of "necessity" to an employer claim that it needed to unilaterally increase employe wages to retain/acquire employes.

Employer ordered to recoup monies from employes but order is temporarily suspended to give parties an opportunity to bargain a resolution of the dispute.

Town of Madison-Dec. No. 28647-C (WERC, 5/98)*

Grievant found to have violated Sec. 111.70 (3)(a) 5, Stats. by failing to comply with the terms of a settlement agreement. Grievant not entitled to rely on the contingency of subsequent attorney review unless the employer is advised of such a contingency.

* Appeal pending in circuit court

Mayville School District-Dec. No. 25144-E (WERC, 1/98)

Municipal employer can waive the protections of Sec. 893.80, Stats. as to health and dental claims where the employer self-insures health and dental benefits.

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This page constitutes an official communication of the Wisconsin Employment Relations Commission. The URL of this page is {http://werc.wi.gov/outline_recent_developments_october_98.htm}. Last modified on 22 AUG 1998. Comments, questions and suggestions