KEY TOPIC TABLE FOR

STATE CIVIL SERVICE APPEALS DECISIONS BY PERSONNEL COMMISSION 1999-2001

 

Decisions Issued

Case Name

Case Number

Date

Description

Oriedo v. DPI

96-0124-PC-ER

12/3/1997

lack of prosecution, motion to dismiss for failure to appear at hearing, failure to show good cause

Hawk v. DOCom

99-0047-PC-ER-A

4/7/1999

ER: 1) jur, probationary termination; 2) failure to state claim, inference of claim of discriminatory motive; 3) issue preclusion/claim preclusion, failure to file evidence of the nature of the other proceedings

Rupiper v. DOC

98-0155-PC-ER-A

 

4/7/1999

LOP, egregious conduct, failure to proceed with hearing in light of denial of request for postponement, no clear and justifiable excuse

Brown v. DOC

99-0080-PC-ER-A

 

4/21/1999

appeal, jurisdiction, alleged withdrawal of offer of a position

Oriedo v. DOC

98-0124-PC-ER-A

 

4/21/1999

discovery, motion for protective order, failure of moving party to seek to resolve dispute informally despite directive

Starck v. DOC

98-0056-PC-A

4/21/1999

appeal, non-selection, financial specialist, better references, correlation of scores of panelists, alleged illegality of race/sex discrimination is outside of issue for hearing

Opperman v. DOC

98-0171-PC-A

5/7/1999

appeal, merits, non-selection (reinstatement), poor performance in prior position with respondent

Lehman v. DNR

95-0033-PC-ER-A

5/19/1999

finding that settlement agreement had been reached between the parties, "meeting of minds", request to reschedule hearing

Sheskey v. DER

98-0063-PC-ER-A

 

5/24/1999

request to disqualify PC due to 2 prior cases before PC

Sheskey v. Pers. Comm.

99-0085-PC-ER-A

 

5/24/1999

motion to disqualify PC due to processing prior cases by commission. No employment relationship between C and PC when PC processes discrimination claim.

Sheskey v. DETF & DER

98-0106-PC-ER-A

 

5/25/1999

1) jur - determination by DETF to deny disability annuity; 2) timeliness, duty to make inquiry; 3) discovery duplicating open records request

Hawk v. DOCom

99-0047-PC-ER-A

 

6/2/1999

MSJ, termination, NO/A, race (denied, citing Masuca)

Oriedo v. DPI

98-0042-PC-ER-B

 

6/2/1999

FEA, issue for hearing, disparate impact, effect of filing brief one day late

Starck v. DHFS

98-0053-PC-A

 

6/2/1999

appeal, jurisdiction, LTE hire

Benson v. UW (whitewater)

99-0057-PC-ER-A

 

6/2/1999

dismissal of complaint (for failing to correct inappropriate language in complaint) for failure to meet standard of decorum

Sheskey v. DER

98-0225-PC-ER-B

 

6/3/1999

pet for rehearing, request to disqualify PC due to having filed complaint against PC, newly discovered evidence, request to place case on hold pending Court of Appeals decision

Willis v. DHFS & DER

98-0064-PC-A

 

6/3/1999

reclass, Financial Clerk Specialist 1 and 2

Harwell v. DPI

98-0210-PC-ER-A

 

6/21/1999

procedure, consolidation for hearing, application of discretion

Holley v. DOCom

98-0016-PC-A

 

6/21/1999

request to amend appeal to add FEA claim, request made after hearing on appeal

Stellings v. DOC

98-0130-PC-A

 

6/21/1999

appeal, merits, suspension, prison captain, failure to document use of force, directing subordinate to alter report, disciplinary due process

Holis v. DOT

97-0153-PC-ER-A

 

6/23/1999

MSJ, disability, motion premised on failure to respond to request for admissions, effect of postponment on pending discovery request

Woods v. UW-Madison

98-0224-PC-ER-B

 

6/28/1999

pet for rehrg, effect of oral notice of termination on filing period

Arcamo v. UW-Milwaukee

99-0039-PC-ER-A

 

6/30/1999

procedure, request to disqualify and substitute equal rights officer, ex parte communications

Langford v. SPD

99-0013-PC-ER-B

 

6/30/1999

ER, procedure, pleading requirements, effect of settlement of federal suit on events prior to signature date, adequate notice to respondent of allegations prior to hearing where investigation is waived

Snider Allen v. DER

98-0178-PC-A

 

6/30/1999

MSJ; 1) reallocation; 2) procedure, a) alleged conflict of interest within respondent, b) request to modify issue to include additional classification

Swallow (Thompson) v.DOC

97-0125-PC-A

 

6/30/1999

1) appeal, merits non-selection; 2) ER, merits, WB, non-hire

Coenen v. UW-Madison

99-0039-PC-A

 

7/14/1999

timeliness, non-selection, no duty to notify of appeal rights, time not tolled by open records request

Allison v. DOR

98-0190-PC-ER-A

 

7/20/1999

discovery, reasonable expenses on failure to appear at deposition, no substantial justification

Cunningham v. DOC

98-0206-PC-ER

 

7/20/1999

failure to state claim (not MSJ), ER, WB/nat. guard, requirement that C produce documentation of military leave not a disciplinary action or an adverse personnel action, WB complaint is protected WB activity

Johnson v. DOC & DER

99-0001-PC-A

 

7/20/1999

reclass, Food Production Assistant 2 to 3

Boutwell-Pitt v. DWD

99-0107-PC-ER-A

 

7/28/1999

ER, timeliness, no effect of pending grievance and inaccurate information from union rep

Hintz v. DOC

97-0079-PC-A

 

8/2/1999

appeal, merits, discipline, suspension and demotion, failure to deliver quality health care and to establish policies, false information, comparison to others who were not disciplined for related conduct

Yerges v. DMRS

99-0042-PC-A

 

8/11/1999

timeliness, appellant failed to indicate when he rec'd written notice of removal of name from register or to dispute R's statement of "normal mail deliver, R's later "correction" of 1st letter to add reason for action did not change filing period

Brown v. DOC

99-0006-PC-B

 

8/25/1999

appeal, non-selection; 1)whether an alleged offer and acceptance created a contractual obligation; 2) abuse of discretion, consideration of prior employment

Esqueda v. DWD

99-0027-PC-A

 

8/25/1999

appeal, timeliness, failure to make selection within 60 days of certification, effect of letter from PC investigator asking C to clarify if he also wants to file appeal

Kleinsteiber v. DOC

97-0060-PC-B

 

8/25/1999

appeal, discipline: 1) remedy, 230.43(4), mitigation, reasonable diligence to seek other employment, substantially comparable, effect of offer of reinstatement; 2) evidence, failure to exchange "rebuttal" evidence

Stacy v. DOC

99-0024-PC-A

 

8/25/1999

appeal, timeliness, transfer (is alleged defacto discipline), equitable estoppel

Starck v. UW

99-0033-PC-A

 

8/25/1999

failure to state claim, appeal of agency's request to remove name from cert list

Nelson v. DOT & DER

98-0176-PC-A

 

8/27/1999

reclass: 1) MSJ; 2) discovery, appellant allowed to withdraw an admission where admission was due to C's misinterpretation of discovery deadline

Pike v. DOT & DER

98-0177-PC-A

 

8/27/1999

reclass: 1) MSJ; 2) discovery, appellant allowed to withdraw an admission where admission was due to C's misinterpretation of discovery deadline

Van Beek v. DOT & DER

97-0102-PC-A

 

8/31/1999

reclass, Engineering Technician Transportation 3 to 4

Brenon v. UW

96-0016-PC-B

 

9/1/1999

appeal, remedy, suspension & discharge, mitigation of damages, calculating interim earnings, after-acquired evidence, failure to provide notice of new issue in case

Balele v. DOA et al.

99-0001-PC-ER-B

 

9/7/1999

procedure, appearance letters, proper witnesses, request to require Governor to testify

Allison v. DOR

98-0190-PC-ER-B

 

9/8/1999

discovery, failure to appear at deposition, reasonable expenses, award against client not attorney

Schneider v. DOC

99-0062-PC-A

 

9/8/1999

appeal, 230.36 benefits, timeliness of initial request for benefits

Olmanson v. DHFS

97-0106-PC-A

 

9/15/1999

evidence, offer of deposition, opposing party may supplement with other parts, 804.07(1)(d)

Honer v. DOT

97-0005-PC-ER-A

 

9/22/1999

ER, procedure, request to hold in abeyance pending related federal proceedings

Stacy v. DOC

99-0024-PC-B

 

10/6/1999

appeal, timeliness, effect of cancellation of 3rd step grievance hearing

Starck v. UW

99-0033-PC-B

 

10/6/1999

failure to state claim, 230.44(1)(d), request to remove C's name from certification list

Poole v. UW

99-0026-PC-A

 

11/3/1999

appeal, failure to state a claim, hire, relative qualifications, pre-selection

Staples v. SPD

95-0189-PC-ER-C

 

11/3/1999

ER, remedy, non-selection, FEA rather than EAJA applies, complainant's own time spent, C's incidental and collateral expenses, travel, witness costs, copies, postage, paper, phone calls

Harwell v. DPI

98-0210-PC-ER, 99-0051, 0063, 0096-PC-ER

 

98-0210-PC-ER-A

 

11/5/1999

ER: 1) amendment, atmosphere of discrimination; 2) discovery, motion to compel, for info about any discrim practiced by any R employee, interrogatories directing R to ask certain ees certain questions; 3) discovery, motion to extend discovery period

Balele v. DOT

99-0103-PC-ER-A

 

11/19/1999

ER, timeliness, hires: 1) continuing violation theory, use of career executive option to fill vacancies; 2) equitable tolling/estoppel, failure to advertise positions

Brenon v. UW

96-0016-PC-C

 

11/19/1999

appeal, remedy; 1) after acquired evidence, notice of hearing issue, unlawful retroactive discharge; 2) attorneys fees, from ancillary proceedings, substantially justified

Sabol v. UW (Eau Claire)

99-0144-PC-ER-A

 

11/19/1999

ER, timeliness, OSHA, calculated from failure to appoint C rather than decision to appoint someone else, non-final or conditional decision

Stellings v. DOC

99-0031-PC-A

 

11/19/1999

appeal, jurisdiction, suspension on non-consecutive rather than consecutive days

Wachtel v. DOC

99-0037-PC-A

 

11/19/1999

appeal, jurisdiction, MSJ, constructive discharge, voluntary resignation

Balele v. DER & DMRS

98-0145-PC-ER-C

 

12/3/1999

discovery, failure to comply with motion to compel, bad faith, sanctions, dismissal

Sleik v. DOCom

97-0145-PC-ER-A

 

12/3/1999

procedure: 1) withdrawal request after proposed decision issued, effect of PC decision on Title VII claim; 2) request to disqualify examiner, timing of request; 3) hearing postponement, C under influence of narcotic at time of hearing

Ostenso v. DNR & DER

95-0167-PC-A

 

12/16/1999

reclass, Water Resources Engineer Advanced 1 and 2, logical and gradual change

Alvarado-Ortiz v. DOC

96-0019-PC-ER-A

 

12/27/1999

ER: 1) procedure, late request for oral argument or extension on objection; 2) merits, race, color, NO, FEA retal, reprimand, terms and conditions, adverse actions

Balele v. UW-Madison

99-0004-PC-ER-B

 

 

page 1 missing

1/19/2000

procedure: 1) postponement request; 2) request for dismissal without prejudice (unprepared to go forward with hearing after denial of postponement request)

Fondow v. DOR

99-0136-PC-ER-A

 

1/19/2000

protective order, information regarding another employee's disability, disciplinary records

Hawk v. DOCom

99-0047-PC-ER-C

 

1/19/2000

1) discovery, motion to compel, record creation; 2) motion to dismiss due to improper conduct, threat to intimidate witness by referencing additional litigation (also see 4/7/2000 ruling)

Kovacik v. DHFS

97-0076-PC-ER-A

 

1/19/2000

issue for hearing, initial interview panel's recommendation rejected and new process initiated [see motion for reconsider/clarification issued on 4/19/2000

Logan v. UW-Milwaukee

99-0124-PC-ER-A

 

1/19/2000

discovery, motion for protective order, timeliness of motion, discovery available during investigation stage, vs. open records, balancing with protection of student identities, prior provision of same information [see 3/17/00 motion reconsider]

Oriedo v. DOC

98-0124-PC-ER-D

 

1/19/2000

procedure, request for oral argument, exercise of discretion

Bare v. DOT

99-0119-PC-ER-A

 

1/25/2000

ER, timeliness, effect of filing complaint by fax

Raisanen v. DOC

98-0052-PC-ER-A

 

1/25/2000

evidence, motion in limine, effect of filing proposed exhibits by fax or e-mail, considering factors in PC 4.02

Balele v. DATCP, DER & DMRS

98-0199-PC-ER-B

 

2/11/2000

procedure, disqualification of examiner

Jensen v. DPI

99-0070-PC-A

 

2/11/2000

timeliness, objection raised at hearing on merits, waiver of objection

Langford v. SPD

99-0013-PC-ER-A

 

2/11/2000

MSJ, allegations barred by settlement agreement in prior case, adverse action (comment that C had conviction record), WB disciplinary action

Rodgers v. DOC

98-0094-PC-B

 

2/11/2000

appeal, discipline, just cause, travel, offensive language

Shimkus v. DOC

99-0166-PC-ER-A

 

2/11/2000

discovery, protective order, to maintain confidentiality of information about job applicants other than C

Sonnleitner v. DHFS

94-1055-PC-A

 

2/18/2000

appeal, discipline, just cause (sexual comments, conduct contrary to treatment program of residents)

Balele v. DER & DMRS

98-0145-PC-ER-D

 

2/28/2000

discovery, sanctions, reasonable expenses, authority for, partial success on motion

Brooke v. UW & DER

99-0034-PC-A

 

2/28/2000

reclass: 1)Instrument Maker-Entry and Physical Sciences Laboratory Ultra High Vacuum Specialist, best fit, majority of time; 2) effective date, equitable estoppel

Harris v. DPI

99-0052-PC-A

 

3/10/2000

appeal, constructive discharge/coerced resignation, no coercion

Poole v. UW

99-0026-PC-B

 

3/10/2000

appeal, MSJ, non-selection, insufficient information about interview and decisional process

Logan & Samsel v. UW-Milwaukee

99-0124-PC-ER-B

 

3/17/2000

1) procedure, role of Comm. precedent, ruling vacated, no hearing req'd in "contested case" under 227.45(7); 2) discovery, sanctions for failure to comply with order to compel

Allison v. DOR

98-0190-PC-ER-C

 

3/21/2000

discovery, failure to comply with order to pay costs, dismiss as sanction, bad faith standard, PC lacks authority to award costs for failure to comply with order to pay costs

Sanford v. DER

99-0057-PC-A

 

file is undated 2000

3/21/2000

appeal, reallocation, Financial Specialist 3 or Engineering Specialist-Transportation-Journey

Bedynek-Stumm v. DPI

99-0186-PC-ER-A

 

4/7/2000

discovery, protective order, exam and selection materials

Carratt v. DOC

98-0063-PC-A

 

4/7/2000

discovery, motion to compel, interview notes from previous selection process for Complainant

Fraser v. DOC

99-0058-PC-A

 

4/7/2000

discipline, merits, just cause analysis, youth counselor at juvenile correctional facility, excessive force, vulgar language

Hawk v. DOCom

99-0047-PC-ER-A

 

4/7/2000

discovery, motion for protective order, "reasonably calculated to discovery of admissible evidence", sanction for violating order to compel, deposition of agency head, failure to make clear showing info not obtainable from another person

Starck v. UWHCB

99-0054-PC-A

 

4/7/2000

appeal, merits, non-selection, hospital supply clerk, mailing clerk, relative qualifications

Verhaagh v. DOT

99-0127-PC-ER-A

 

4/7/2000

ER, failure to state a claim, age/sex, non-selection, effect of C's subsequent hire into another vacancy in a field in which she expressed greater interest

Kovacik v. DHFS

97-0076-PC-ER-B

 

4/19/2000

procedure, proper scope of motion to reconsider, issue for hearing, recommendation of initial panel rejected

Matakas v. DOC

99-0088-PC-A

 

4/19/2000

appeal, merits, non-selection, supervising officer, failure to contact listed references, effect of incorrect tally of numerical scores

Sonnleitner v. DHSS [DHFS]

94-1055-PC-B

 

4/19/2000

EAJA, failure to file motion for fees and costs within 30 day period, "substantially justified"

Hagmann v. UW (Eau Claire)

96-0044-PC-ER-B

 

file is undated 2000

4/25/2000

ER, fees & costs, partial success on merits (5 of 23 allegations), objections to certain hours claimed, photocopies, fax costs, Fed Express charges, "expert" witness fee, substitution of counsel for Complainant

Campbell v. UW & DER

99-0091-PC-A

 

5/3/2000

appeal, reclass, Experimental Farm Laborer and Farm Equipment Operator

Brooke v. UW & DER

99-0034-PC-B

 

5/15/2000

EAJA, substantially justified (reclass), filing fee, hearing tapes, attorney fees in preparing case even though complainant appeared pro se, valid attorney-client relationship

Nelson v. SHS

00-0026-PC-A

 

5/31/2000

appeal, jurisdiction, pay rate during acting assignment, duration of acting assignment (action by appointing authority)

Sheskey v. DER

98-0063-PC-ER-C

 

5/31/2000

procedure, dismissal, complainant lacks standing to oppose request by bankruptcy trustee to dismiss pursuant to settlement agreement

Sheskey v. DER & DETF

98-0106-PC-ER-B

 

5/31/2000

procedure, dismissal, complainant lacks standing to oppose request by bankruptcy trustee to dismiss pursuant to settlement agreement

Sheskey v. DER & DETF

99-0076-PC-ER-A

 

5/31/2000

procedure, dismissal, complainant lacks standing to oppose request by bankruptcy trustee to dismiss pursuant to settlement agreement

Balele v. DER & DMRS

98-0145-PC-ER

7/19/2000

ER, motion for sanctions, authority to enforce, authority to reopen case after closure

Cruz v. DER

00-0083-PC

7/19/2000

reallocation, issue for hearing, release from stipulation, late request to change alternative classification

Huff v. UW (La Crosse)

95-0113-PC-ER

7/27/2000

discovery, failure to respond to interrogatories and request to produce, failure to appear at oral deposition, egregious violation, dismissal of appeal

Lang v. SPD

98-0197-PC-ER

8/23/2000

ER: 1) MSJ, FEA retal claim, was reasonable inference that C disagreed with mgt's alleged characterization of someone else as "racist"; 2) discovery, adequacy of answers, order to compel

Chou v. DNR

00-0019-PC-ER

8/28/2000

discovery, motion to compel, performance of another employee discoverable topic where C says that real performance problems by that other employee were cause of office problems

Guthrie v. UW (Whitewater)

97-0164-PC-ER

8/28/2000

ER, hire: 1) timeliness, waiver of timeliness objection, continuing violation, reasonably prudent standard; 2) "to print or circulate" prohibition; 3) evidence, direct evidence of discrimination, evidence "side show"

Harrison v. DNR

99-0112-PC

8/28/2000

appeal, non-selection, merits, illegal act when respondent hired female due to her sex, rather than C

Javenkoski v. DOT

99-0101, 00-0010, 00-0013-PC-ER

8/28/2000

ER, timeliness, mootness, FMLA, sex harassment, FMLA notice of law requirement

Jensen v. DPI

99-0070-PC

8/28/2000

appeal, non-selection, numerous procedural problems, remedy

Williams v. DOC & DER

99-0092-PC

8/28/2000

reclass, effective date, equitable estoppel argued (that C was led to believe that reclass request was pending)

Kovacik v. DHFS

97-0076-PC-ER

 

 

9/7/2000

discovery, motion to compel: 1)attorney-client privilege, attorney work product; 2) C's personnel file, including info that post-dated hire at issue [see later motion to reconsider]

Ostrowski v. DNR

99-0111-PC

9/20/2000

appeal, non-selection, Park Manager, irregularities in scoring, lack of benchmarks, effect of earlier case finding that decision not to select a 3rd candidate constituted sex discrimination

Bernecker v. DNR & DER

00-0128-PC

10/4/2000

appeal, filing fee, timeliness of fee, C's claim that no one in Commission was available to receive fee [see ruling on petition for rehearing, 11/21/2000]

Brooks v. DOC

00-0142-PC

10/4/2000

appeal, jurisdiction, rate of pay, back pay under bargaining agreement

Weber v. DOCom & DER

98-0157-PC

10/4/2000

appeal, reclass, claim preclusion or issue preclusion arising from litigation of earlier reclass denial, analogous to MSJ but disputed material facts

Cothrine v. DPI

00-0092-PC-ER

10/9/2000

ER, timeliness, race, unfavorable employment references within 300 day period

Ganther v. DOR

97-0152-PC-ER

10/20/2000

procedure: 1)request to postpone hearing, use of conference call to decide motion is approved; 2) request for substitution of hrg examiner based on mere dissatisfaction of examiner's previous ruling

Person v. DOCom

00-0083-PC-ER

11/15/2000

ER, mootness, failure to reclassify, subsequent reallocation to desired level, still employed by agency

Reed v. DOC

00-0098-PC-ER

11/15/2000

WB; 1) standing, one employee lacks standing to complain about discipline of co-worker; 2) failure to state a claim, policy relating to escorting guests in office and failure of co-workers to give flowers to C are not "disciplinary actions"

Wagener v. DOC

00-0161-PC

11/15/2000

appeal, jurisdiction, parity adjustment

Bernecker v. DNR & DER

00-0128-PC

11/21/2000

appeal, filing fee, fee rec'd 1 day late, was returned per request, then resubmitted unconditional, "processing" of appeal includes finding that 1st fee was untimely, rehearing denied

Aylesworth v. DOC

00-0110-PC

12/13/2000

appeal, merits, non-selection, top-ranked after interview but less than positive references

DuBois v. DOC & DER

00-0151-PC

12/13/2000

reall/reclass: 1) jurisdiction, decisions to place A's position at one pay point rather than another; 2) timeliness, notification of decision but not appeal procedure/option

Newbold v. SPD

96-0053-PC-ER & 96-0095-PC-ER

12/13/2000

procedure, PC 5.03(9), request for free copy of transcript of closed case to pursue claim in another forum

Carratt v. DOC

98-0063-PC,98-0143-PC-ER

1/19/2001

merits, non-selection: 1) appeal, highest cumulative score; 2) ER, A/C

Emmerich v. DER

00-0165-PC

1/19/2001

appeal (reallocation), timeliness, notice sufficient to start the 30 day period, equitable estoppel, requirement that A act with due diligence

Klett v. DNR

00-0141-PC

1/19/2001

procedure, postponement of hearing, PC 5.02, misapprehension of hearing date, no good cause

Olmanson v. DHFS

97-0106-PC, 97-0183-PC-ER

1/19/2001

merits: 1) ER, conditions of employment, adverse action analysis of particular actions; a) marital status, policy that ees be discreet when they conduct extramarital affair does not violate public policy or FEA; b) sex; 2) appeal, non-select,inferior qual

Balele v. DOA, DER & DMRS

00-0077-PC-ER

1/25/2001

issue for hearing, standing, no standing to pursue non-selection when C was not certified (due to misrepresentation of level of experience)

Balele v. DOA, DER & DMRS

00-0104-PC-ER

2/8/2001

procedure, request for substitution of hearing examiners

Miller v. DPI

00-0011-PC

2/8/2001

appeal, merits, non-selection, past performance

Warren v. DHFS

98-0146-PC, 98-0164-PC-ER

2/9/2001

appeal/ER, merits, discipline, just cause analysis, threat of violence, reprimand equal to 3 day suspension for future discipline, suspension

Otis v. DMRS

00-0176-PC

2/23/2001

appeal, issue for hearing, assessment of applicants

Young v. DOT

00-0025-PC-ER

2/23/2001

procedure, lack of prosecution, failure to appear at a pre-hearing conference, no prejudice

Sime v. DOA

00-0108-PC-ER

2/26/2001

FEA, mootness/failure to state claim, disability, non-selection, position never filled (hiring process frozen)

Balele v. DOA, DER & DMRS

00-0104-PC-ER, 00-0077-PC-ER

3/21/2001

procedure, stay of hearing until C pays fees for filing frivolous WB claim

Drigot v. DOT & DER

00-0099-PC

3/21/2001

reclass, Engineering Technician Transportation 3 to 4

Ferguson v. DOCom

00-0143-PC-ER

3/21/2001

ER, timeliness, knowledge of personnel action rather than written notice, capacity to get letter from post office

Hemstead v. DER

00-0155-PC

3/21/2001

appeal, timeliness of appeal from reallocation decision is based on notice, written notice to C's supervisor that sup shared with C was adequate notice, unaware of right to appeal

Smerz v. UW

00-0095-PC

3/21/2001

appeal, merits, non-selection, C not selected even though ranked 3rd and #1 and #2 declined

Houff v. DHFS

00-0035-PC-ER

3/22/2001

ER, merits, sex (pregnancy), disability, probationary termination, 230.36 benefits

Jones & Hunter v. DOT

01-0001-PC & 01-0002-PC

4/4/2001

4th step grievances, timeliness, jurisdiction over (nature of underlying personnel action)

McCreedy v. DOC

00-0038-PC

4/4/2001

appeal, discipline, just cause, suspension, where no discipline for previous similar conduct and underlying policy was not important to work of institution

Hoffman v. DNR & DER

00-0133-PC

5/17/2001

reallocation, Wildlife Technician and Advanced

Balele v. DHFS, DER & DMRS

00-0133-PC-ER

5/24/2001

procedures, order to show cause, sanctions for bad faith prosecution

Johnson v. DOC & DETF

99-0098-PC-ER

5/24/2001

ER, 1) jurisdiction, allegation that respondent failed to comply with 230.36 is not proper subject of FEA claim; 2) MSJ, C given opportunity to dispute information in respondent's reply brief

Chiodo v. UW (Stout)

93-0124-PC-ER

5/25/2001

procedure, mootness, (Watkins analysis), attorney fees

Hanson v. DOT

00-027-PC-ER & 00-0103-PC-ER

5/30/2001

ER: 1) MSJ; 2) discovery, late response to request for admissions, withdrawal of admission

Oriedo v. DOC

00-0001-PC-ER

5/31/2001

ER, 1) merits, race, color, NO, FEA retal, hire, disparate impact; 2) procedure, recusal request

Lane v. DOC

95-0070-PC-ER & 95-0096-PC

6/7/2001

merits:1) ER, WB, disability, accommodation, what constitutes WB disclosure; 2) demotion, just cause analysis, misuse of phone

Bowman-Farrell v. CESA #8

01-0053-PC-ER

6/13/2001

ER, jurisdiction, agency of the state

Kuck v. CESA #8

01-0042-PC-ER

6/13/2001

ER, jurisdiction, agency of the state

O'Meara v. DOT

01-0014-PC

6/13/2001

appeal, jurisdiction, 4th step grievance, performance evaluation

Otis v. DMRS

00-0176-PC

6/13/2001

appeal, MSJ, examination, entry professional program

Harwell v. DPI

98-0210-PC-ER, etc.

6/28/2001

procedure, motion to compel discovery, discovery deadline

Zeiler v.DOC

01-0002-PC-ER

6/28/2001

ER, protective order, non-selection, scope of protective order