KEY TOPIC TABLE FOR STATE CIVIL SERVICE APPEALS DECISIONS BY WERC SINCE 2003

Case Name	Case Number	Date Issued	Decision Number	Description
Kraniak v. Dube et al. (Dane County Circuit Court)	03CV000668, 03CV000884	11/7/2003	0	procedure, petition for rehearing, granting of a petition for rehearing suspends what would otherwise have been a final order.
Bell-Marek v. DHFS & DER	62900	12/5/2003	30748	merits, classification, Programming and Planning Analyst 5 & 6, factor evaluation system
Scott v. DOC & DER	62887	1/15/2004	30767	MSJ, classification, Maintenance Mechanic 3 to HVAC Specialist, "typically 90% or more"
Chiapetta v. DER	63027	1/15/2004	30760	merits, classification, Financial Specialist 4 to 5, policy of 25% minimum change in duties, comparison position misclassified
Goins v. DOC	62931	1/16/2004	30766	jurisdition, probationary employee, effect of bargaining agreement
Forrest-DeSmith v. UW & DER	62885	1/16/2004	30769	merits, effective date of classification action, application of policy bulletin CLR/POL-57
Allen v. DER	62777	1/29/2004	30772	jurisdiction, market stratification pay increase upon reallocation, rewriting class specifications
Del Frate v. DOC	62764	2/27/2004	30795	merits, discipline, suspension, arranging for inmate to make table for personal use of another employee
Kline v. UW & OSER	63202	3/2/2004	30818	timeliness, burden on appellant, non-selection, classification
Eidenshink v. DER	62776	3/2/2004	30819	jurisdiction, placement of incumbent at certain pay point on schedule upon reallocation
Sears v. UW	62759	3/3/2004	30794	jurisdiction, layoff from classified position and related actions of elimination of unclassified position, creation of new unclassified position and restoration from unclassified to classified position
Allen v. DER	62777	3/22/2004	30772-A	timeliness of petition for rehearing
Gustavus v. DOC	62919	3/24/2004	30817	jurisdiction, decision to deny request to work no more than an 8.5 hour workday for 2 weeks
Kraniak v. DHFS	62882	3/30/2004	30860	EAJA, discharge case, due process failure but analysis of substantive discharge decision
Fredrick v. DPI & DER	62338	4/14/2004	30879	merits, reclass, Education Program Specialist to Education Consultant Coordinator, team leader vs. leadworker, logical and gradual change
Sabez v. UW & DMRS	62782	4/30/2004	30890	timeliness, effect of filing grievance
Dennis v. DMRS	62788	4/30/2004	30892	jurisdiction, exam, vacancy for administrator of DMRS
Beck v. DOC (issued by Examiner KMS)	62784	5/5/2004	30877-A	jurisdiction, issue for hearing, career executive reassignment for reasons of discipline vs. demotion, standard is "reasonable and proper"
Elmer v. UW	62813	5/18/2004	30910	timeliness, effective date of non-selection, effect of final day falling on holiday, reasonable conduct does not satisfy time requirement
Stern v. DWD	63312	6/1/2004	30912	jurisdiction, (probationary) termination alleged to have occurred after probation had been completed but, if so, position is within bargaining unit. Modified on appeal, 296 Wis. 2d 306, 722 N.W.2d 594, 2006 WI App 193
Sutheimer v. DOA	62920	6/22/2004	30932-A	MSJ, definition of layoff, definition of transfer (involuntary), constructive demotion, record insufficient to determine proper class of position after alleged demotion
Kohl v. OSER & DATCP	62902	7/23/2004	30996	merits, classification, initial allocation, career executive program, supervisor, confidential, management, factor evaluation system, Program and Planning Analyst & PPA Advanced Management
Fredrick v. DPI & DER	62338	7/26/2004	30879-A	EAJA, classification case, request denied
Hortman v. DOC	63534	8/11/2004	31037	jurisdiction, initial probationary termination
Zeidel v. UW	63513	8/11/2004	31038	jurisdiction, non-selection, academic staff position (unclassified service)
Bertotto v. DOC (issued by examiner LAM)	62876	8/16/2004	31043-A	procedure, motion to hold case in abeyance pending outcome of discrimination complaint
Rice v. OSER	63104	10/1/2004	31093	merits, classification, Program Asst. 4, Engineering Tech-Trans, Engineering Spec-Trans
Roh v. OSER	62786	10/1/2004	30951-A	merits, classification, Employment and Training Specialist, ETS-Lead, reallocation based on duties at effective date, leadwork, primary purpose
Krueger v. UW	63879	10/6/2004	31104	jurisdiction, probationary term (allegation of SELRA violation)
Kraniak v. DHFS	62882	10/11/2004	30860-B	1) procedure, rehearing; 2) discipline, pretermination due process a) explanation of evidence b) decision-maker relied upon investigation conducted by subordinates c) alleged destruction of evidence; 3) alleged illegal surveillance
Winchester v. UW & OSER	62767	10/21/2004	31065-A	1) merits, reallocation, Offset Press Operator and OPO Lead, leadwork, 2) jurisdiction a) change in rate of pay upon reallocation, b) promotion vs. reallocation
Rasmussen v. DOC	63702	10/22/2004	31121	timeliness, incorrect zipcode on appeal, affidavit from respondent regarding date of receipt of letter of discipline
Roh v. OSER	62786	11/17/2004	30951-B	final order adopting interim order and dismissing case
Gawenda v. UW	63742	11/18/2004	31149	jurisdiction, non-selection, academic staff position
Goggin v. DOT	62918	11/23/2004	31153	jurisdiction, 230.44(1)(d), action (referred to in personnel records as "reinstatement" and described in motion as "reassignment") involved selecting 1 of 5 existing employees for radical change in duties to cause reallocation to a different class/cbu
Federlin v. DOC	63077	11/24/2004	31094-A	merits, discipline, demotion, failure to timely perform assigned duties (financial and recordkeeping), unauthorized possession of documents
Zeiler v. DOC	63239	12/7/2004	31107-A	merits, non-selection, effect of drug conviction record on hiring decision for position inside prison with significant inmate contact
Burzynski v. DNR & OSER	62752	1/6/2005	31125	merits, classification, Programming and Planning Analyst 4 & 5, Factor Evaluation System, roles as project leader or team leader over LTEs vs. permanent employees, role of comparable FES case
Bedynek-Stumm v. DHFS	62941	1/11/2005	31099-A	jurisdiction, non-selection, limited term position (LTE)
Gruen v. DHFS	63079	1/19/2005	31154	merits, discipline, suspension, scope of review as to prior reprimand, due process as to parts of investigation, alteration of work schedule without prior authorization, insubordination
Her v. DPI	63741	1/28/2005	31170	timeliness, notification of non-selection decision occurs on receipt rather than on mailing, non-delivery of notification letter
Robinson v. UW	64797	2/18/2005	30989-A	merits, discipline, supervisor's sexual activity with a co-worker in assigned office, excessiveness
Grohmann v. OJA	62930	3/11/2005	31021	merits, discipline; comments, touching and physical positioning by male supervisor that causes discomfort for female co-workers; insubordination, discourtesy, sex harassment; evidence, hearsay, investigator's report, letter from non-party's attorney
Metnik v. DOC & OSER	62914	3/18/2005	31135	merits, classification, Program Assistant 2 & 4, paraprofessional, level of supervision, effect of initial class analyst's failure to provide rationale, compensatory damage request
Gittens v. WSTCB	64091	3/18/2005	31278	jurisdiction, non-selection, unclassified position
Schmidt v. DOC & OSER	62915	3/18/2005	31134	merits, classification, Program Assistant 2 & 4, paraprofessional, level of supervision, assumed time percentages for worker activities, effect of initial class analyst's failure to provide rationale
Ryskoski v. DHFS	63006	3/24/2005	31191	merits, discipline, discharge, inappropriate statements over a two-year period to staff about patients and other staff that were sexually and racially derogatory, violated previous oral directive
Robinson v. UW	63797	4/18/2005	30989-B	EAJA, prevailing party solely as to level of discipline which had been reduced from discharge to demotion
Steinke v. DNR & OSER [affirmed on judicial review	62753	5/12/2005	31103-A	merits, classification, Fisheries Technician and Fisheries Technician-Advanced, focus on one of several buildings at hatchery rather than entire facility, paraprofessional, effective date where prior appeal from survey
Grohmann v. OJA	62930	5/16/2005	31021-A	EAJA, analysis of respondent's position in the administrative proceeding as well as the underlying disciplinary action
Struensee v. UW	64702	6/2/2005	31348	jurisdiction, probationary termination
Stuchlik v. DOC	64621	6/6/2005	31353	jurisdiction, probationary termination
Gerritson v. DOC	62749	6/14/2005	31234-A	merits, discipline, demotion, personal relationship between prison shift commander (the appellant, who had twice denied the existence of a relationship) and subordinate sergeant with numerous suggestive e-mails exchanged
Elmer v. DATCP	63486	6/29/2005	31317-A	merits, non-selection, interviewer recusal, no showing of bias, non-uniform number of panelists, incomplete interview notes, role of exam score, rational basis for selection decision
Fullerton v. DOC	62921	7/1/2005	31308	merits, layoff, displacement in lieu of layoff, ER-MRS 22.08, same or counterpart payrange, effect of changes in classification and pay range assignments for position after appellant left the position in question
Biggar v. DOC	64706	7/11/2005	31388	timeliness, 30 day limit is mandatory rather than discretionary, relates to competency to proceed rather than a jurisdictional requirement, incorrectly addressed envelope
Norris-Dunn v. DNR & OSER	62750	7/11/2005	31298	merits, classification, Program Assistant 1 to 2, duties acquired after effective date, volume of work
Carter v. UW	63843	7/19/2005	31403	procedure, failure to appear at hearing by party with burden of proof, dismissal for failure to prosecute
Steinke v.DNR & OSER [affirmed on judicial review]	62753	7/29/2005	31103-B	findings of fact and conclusions of law upon petition for judicial review of WERC's decision on merits in classification case
Bedynek-Stumm v. BOALTC	62940	8/10/2005	31295	1) jurisdiction, non-selection, allegations of Fair Employment Act discrimination and violation of Older Americans Act; 2) merits, non-selection, veterans preference points, adequacy of notes [also see 31295-A]
Bedynek-Stumm v. DWD	62942	8/10/2005	31332-A	procedure, 1) request to recuse; 2) lack of prosecution; standard, failure to appear at conferences
Eslinger v. DOC & DHFS	64029	9/10/2005	31416	jurisdiction, reduction in rate of compensation and action to recoup previously paid amounts, effect of 111.93(3)
Bedynek-Stumm v. BOALTC	62940	9/23/2005	31295-A	merits, non-selection, overqualified, ruling on petition for rehearing
C. J. v. DOC	64827	10/24/2005	31491	jurisdiction, initial rate of pay upon appointment vs. discretionary  market adjustment
Solin v. DNR & OSER	63608	11/4/2005	31424	1) merits, classification, Natural Resources Law Enforcement Supervisor and Natural Resources Program Manager, effective date; 2) jurisdiction, rate of pay, restriction on number of overtime hours
Warren v. DHFS & DMRS	63110	12/22/2005	31215-A	1) merits, transfer, eligibility, customary orientation; 2) procedure, evidence, official notice; 3) jurisdiction, constructive demotion, movement between classifications in counterpart pay ranges, applying rule definitions
Williams v. DOR	65091	12/29/2005	31566	timeliness, rescission of employment offer, equitable estoppel
Kohl v. DATCP & OSER	62902	1/5/2006	30996-A	MSJ, remedy phase
Kohl v. DATCP	65094	1/5/2006	31569	timeliness
Steinke v. DNR, WERC & OSER	05CV408	1/6/2006		Sheboygan County Circuit Court affirmed WERC decisions 31103-A and B, issued 5/12/2005 and 7/29/2005
Huntley v. DOT	63557	2/2/2006	31459	merits, discipline, 10-day suspension, alleged ethical violations, failure to notify A of ethics policy changes, A obtained approval in advance for other conduct
Zenchenko v. DNR & OSER	64791	2/21/2006	31614	timeliness, classification, notice of survey result, verbal vs. written notice, blind appellant, document delivered in 2005 was first written notice of 1997 reallocation
Fassbender v. DOC	64196	2/23/2006	31270-A	merits, discipline, use of state vehicle for personal travel, written rep in lieu of 3-day susp reduced to written rep, physical contact with inmate to demonstrate their behaviors, 5-day susp reduced to written rep in lieu of 1-day
deMoya v. DVA	65270	3/7/2006	31636	jurisdiction, temporary assignment of career executive to special project
deMoya v. DVA	65324	3/7/2006	31637	jurisdiction, relocating and downsizing A's office
Solin v. DNR & OSER	63608	3/7/2006	31424-A	EAJA, failure to establish that gross income satisfied eligibility requirement
Bartz-Bentz v. DVA	64123	4/12/2006	31485	[modified and reissued as 31485-B]
Kohl v. DATCP & OSER	62902	4/12/2006	30996-B	EAJA, classification case, decision was contrary to longstanding precedent, no basis to exceed $150 statutory rate, electronic research costs, apportionment of costs when only partial success
Toman v. DHFS	65533	5/3/2006	31676	timeliness, action of maintaining a termination letter (rather than a resignation letter) as part of appellant's personnel file
Fassbender v. DOC	65409	5/3/2006	31677	timeliness, fax reached Commission after close of business, e-mail to WERC staff located outside Madison
Weber v. DOCommerce & OSER	62884	6/8/2006	31576	1) issue and claim preclusion; 2) merits, reclass, Community Services Specialist 2 and 3, Economic Development Consultant, disputed duties
Knutson v. DOJ & OSER	64030	6/22/2006	31155-A	merits, reclass, Program Assistant 2 and 3, majority of duties, de novo review rather than consideration of procedure followed, work performed for 6 months prior to effective date and permanently assigned
Somerville v. DOT	64631	6/27/2006	31685	timeliness, reclass appeal, equitable estoppel, supervisor placed copy of denial on employee desk and said no need to worry about process for review until they conversed, no express mention of filing period
Thiel v. DOT et al.	64379, 65169	6/27/2006	31725 31726	1) jurisdiction, request to dismiss parties, effect of no formal answer, assignment of duties, no identified action taken by DMRS or OSER, no allegation of misclassification; 2) timeliness, inclusion on cert list
Gerritson v. DOC	62749	7/31/2006	31234-B	remedy, demotion reduced to 20-day suspension, burden of proof; failure to mitigate, effect of second and non-disciplinary demotion; unconditional offer of reinstatement, same or subst equiv position; EAJA
Treleven v. DOC & OSER	65120	8/8/2006	31754	jurisdiction, pay after reallocation and reinstatement rather than regrade, member of bargaining unit, effect of 111.93(3)
Bartz-Bentz v. DVA	64123	8/9/2006	31485-B	merits, discipline, discharge, multiple allegations but only some pursued, occupational therapy supervisor, misappropriating or failing to use state equipment, failure to surrender keys, etc., issue of excessiveness
Stern v. WERC [Court of Appeals] 2006 WI APP 193	2005AP3144	8/24/2006	2006 WI APP 193	1) timeliness, relates to competency to proceed, subject to waiver, "effective date of action"; 2) jurisdiction, extension of probation procedure; 3) procedure, parties' right to file arguments on issue of waiver
Alt v. DOC	66025	9/6/2006	31795	jurisdiction, employer's actions of investigating allegations of misconduct by the appellant and placing her on paid administrative leave during the investigation
Kriska v. DOC [affirmed on judicial review]	65809	9/6/2006	31796	jurisdiction, termination of promotional probationary employment and restoration to a position in the employee's previous classification
Pasch v. DHFS	65783	9/6/2006	31798	jurisdiction, termination of promotional probationary employment and restoration to a position in the employee's previous classification; aff'd by Milw. Cty. Cir. Ct., 06-CV-9545, 2/26/07
Saveland v. DHFS & DMRS	66069	9/21/2006	31815	timeliness, appeal of exam results, delivery to WERC employee's home, receipt after 4:30 p.m., absence of express notice of right to appeal
Wincentsen v. OSER	66262	10/13/2006	31866	timeliness, meaning of "30 days," equitable estoppel, absence of a causal connection between the allegedly inaccurate information and a delay in filing the appeal
deMoya v. DVA	66211	10/23/2006	31873	1) jurisdiction, violation of terms of settlement agreement reached in previous appeals (including an appeal reviewing a career exec reassignment), final step grievance; 2) timeliness, 230.44(4)(c) action for failure to comply
Perkins v. DOC	66091	11/7/2006	31901	jurisdiction, termination of promotional probationary employment and restoration to a position in the employee's previous classification
Schneider v. OSER	66268	11/8/2006	31903	timeliness, 30th day a Sunday, letter of appeal received by Commission a week after Monday
Markwardt v. OSER	66186	11/9/2006	31902	timeliness, filing fee, the first day of the 30-day period is the calendar day after the date of the letter issued by the Commission, the final day is subject to 990.001(4)(c)
Wincentsen v. OSER	66262	11/20/2006	31866-A	procedure, request to return filing fee after appeal was found to be untimely filed
Powell v. OSER	66109	11/20/2006	31932	procedure, request to return filing fee after respondent granted the requested classification relief without a hearing
Znidarsich v. OSER	66325	12/12/2006	31951	timeliness, 30 days applies irrespective of heightened work demands and events in personal life (explained further in ruling on petition for rehearing)
Kriska v. DOC	65988	12/15/2006	31957	jurisdiction, termination of promotional probation, non-contractual grievance, management rights exclusion, alleged failure to comply with internal procedures and to provide due process
C. J. v. DOC	64827	1/3/2007	31491-A	merits, initial rate of pay, pay on reinstatement, illegal or an abuse of discretion, equitable estoppel, clear and convincing evidence, no guarantee, subject of the  reliance, reasonableness of the reliance
Danielson & Smith v. OSER	66180, 66232	1/9/2007	31977 31978	MSJ, classification, leadworker
Znidarsich v. OSER	66325	1/19/2007	31951-A	timeliness, 30-day filing period not subject to being altered or set aside by the Commission, (matter before the Commission on petition for rehearing)
Rounds-Rheaume v. UW	66368	1/22/2007	31995	1) jurisdiction, effect of appellant's state civil service work history on her recent efforts of employment with other employers; 2) timeliness, suspension, 30 days
Strauss v. DNR	65501	2/22/2007	32024	jurisdiction, termination during probationary period served on re-hire
deMoya v. DVA	66321, 66353, 66354	2/22/2007	32026,32027,32028	procedure, mootness, grievance, appellant no longer employed by agency
Ryf v. OSER	66272	2/22/2007	32025	timeliness, apparent discrepancy between date next to signature on receipt and statements by appellant
Kriska v. WERC	06-CV-9545	2/26/2007		Milwaukee County Circuit Court affirmed WERC decision 31796, issued 9/6/2006
Rounds-Rheaume v. UW	66368	3/6/2007	31995-A	timeliness, appellant on medical leave during the 30-day filing period (matter before the Commission on petition for rehearing)
Elmer v. DHFS & OSER	64829	3/7/2007	31380-B	1) merits, non-selection, no sanitarian license required for Public Health Sanitarian hire; destruction of interview notes;  2) jurisdiction, non-selection, assignment of duties;  3) jurisdiction, classification, filing fee (fee sought after hearing)
Schultz v. DWD & OSER	64589	4/10/2007	31326-A	merits, classification, Information Systems Network Services - Senior and Specialist, mis-classified comparison position
Elmer v. DATCP	66749	5/8/2007	32087	timeliness, selection decision, when appellant learned he had not been selected, receipt of information that caused applicant to believe decision was improper
Fabert v. DNR	66687	5/8/2007	32089	procedure, mootness, non-selection, hiring process halted before selection decision had been made and position no longer existed, lapse of appellant's restoration rights
Stern v. DWD & DMRS	63312	6/4/2007	30912-A	timeliness, waiver of objection, first asserted on remand from court of appeals, various factors considered, only in unusual circumstances would there be a waiver if objection first voiced at prehearing conference
Royal v. DHFS & DMRS	66237	6/29/2007	31884-A	merits; 1) decision not to accept application after deadline, 2) decision to rate appellant as "not eligible" after exam
Somerville v. DOT & OSER	64631	7/24/2007	31685-A	merits, classification, Payroll and Benefits Specialist 2 and 3, progression series, reclassification vs. reallocation, sudden change to language of specifications, district vs. central office positions
Junceau v. DWD	64897	8/8/2007	32050	merits, non-selection, choice between two transfer candidates, 230.15 applies to exam, 230.19(1), 230.20(2), alleged bias and conflict of interest by interview panelists, qualifications of panelists, reference check
Saveland v. DHFS & DMRS	66447	8/9/2007	32033-A	1) merits, exam, not eligible determination, change in standards from earlier exams; 2) timeliness, waiver of objection
Paulat v. DATCP & OSER	66502	9/10/2007	32207	timeliness, appeal from decision to initially allocate a vacant position, appellant was applicant to fill vacancy, no written notice requirement under ER 3.04
Adams v. DNR	67102	10/9/2007	32237	jurisdiction, 230.44(1)(d) encompassed allegations that appellant, an "at risk" candidate, was more qualified than person hired who was kept better informed of interview process and attended same church as an interviewer
Braun v. OSER	67183	10/9/2007	32240	jurisdiction, appeal of denial of request to create a new classification within an existing classification and then assign appellant's position to the new class, 230.09(2)(am)
Kriska v. WERC [Court of Appeals] 2008 WI APP 13	2007AP813	12/11/2007	2008 WI APP 13	jurisdiction, termination of promotional probation as Supervising Officer 2 and return to SO1 position where he had permanent status in class, 230.44(1)(c)
Karl v. DOC	67064	12/19/2007	32297	jurisdiction, 230.45(1)(c), conditions of employment, reliance on interpretations under SELRA, distribution of a letter of discipline to union where disciplined employee was outside of bargaining unit, written agency rules
Parker v. DOC	67263	12/19/2007	32298	timeliness, non-selection
Pollard v. DOA & OSER	66492	1/24/2008	32261-A	merits, classification, regrade, competition, substantial change in duties due to staff reductions, vacancies and legislative directives
Bakken et al. v. DWD	66543	1/25/2008	32086-B	merits, 230.44(1)(d), non-selection, access to computer for writing sample, training of interviewers, failure to notify of later selection process or of later non-selection, appointments within 60 days, 230.25, backdating of hiring date
Mattson v. OSER	62835	1/30/2008	32263	merits, reallocation, Engineering Specialist-Transportation Senior, Engineering Tecnician-Transportation Advanced 2, professional engineering work
Kwart Moore v. DOJ	67507	2/11/2008	32351	timeliness, rescission of employment offer, contact with higher-ranking administrators after decision
Gruentzel v. DNR	66927 67375	2/11/2008	32352 32353	jurisdiction, 230.44(1)(c), demotion, constructive demotion, temporary vs. permanent reassignment of  duties, 7 months
Reynolds v. DWD	66159	2/12/2008	32291	merits, 230.44(1)(d), non-selection, merit and fitness, 230.15 and .16, experience of candidates, contacting references, pre-selection, interview questions and benchmarks
Elmer v. DATCP	66236	2/14/2008	32289	merits, 230.44(1)(d), non-selection, merit and fitness, 230.15, bias due to settlement of appellant's prior claim of whistleblower retaliation, rating and interview panels restricted to persons with limited contact with appellant
Koenig v. DPI	65530	3/6/2008	32145	merits, discipline, discharge, numerous emails with sexual content to eight different women including four high school students and an employee of a school district, effect on agency
Harrsch v. OSPD	67255 67256	3/11/2008	32375 32376	1) jurisdiction: 230.45(1)(c) as non-employee; 230.44(1)(d) of misstatement of reason for rescinding offer, compensation for completing forms, refusal to allow app. to have rep.; 2) timeliness, failure to compensate
Boeck v. UWHCB & OSER	67063	3/12/2008	32307	merits, classification, UWHC Department Assistant and UWHC Scheduler-Objective, majority of time, position description relied on stock language
Brister-Cooper v. UW	65176	3/25/2008	32290	merits, discipline, discharge, Police Sergeant, misconduct in releasing bicycle from police storage and cover-up, improperly assigning a subordinate to an event and cover-up, import of truthfulness of police
Gawenda v. DFI & DMRS	65882 66750	4/15/2008	32401 32402	1) potential remedy in layoff appeal after subsequent demotion in lieu of layoff, mootness; 2) MSJ, dispute of fact; 3) mootness, allegation of constructive demotion where app later moved to other position
Stewart v. DMRS	67652	6/25/2008	32462	timeliness, filing fee, 30 days is mandatory
Holland v. OSER	66221	7/7/2008	31885-A	merits, classification, Medical Staff Assistant and Medical Program Assistant-Senior, advanced paraprofessional, difference between actual duties and position description of comparator position
Jackson-Ward v. DOR	66942	7/15/2008	32471	1) jurisdiction, reprimand vs. reprimand in lieu of suspension; 2) mootness, effect of leaving agency on appeal of discipline; 3) timeliness, constructive demotion for career executive, burden of proof
Carr v. DOC	63240	8/13/2008	32521	procedure, claim preclusion, effect of prior federal court rulings on discharge appeal, exclusive jurisdiction, issue preclusion, issues actually litigated and decided, fundamental fairness, burden of persuasion
Dillman v. DOC	65092	8/15/2008	31545-B	merits, suspension, supervising officer, cell extraction, use of force, inmate was a relative, request to reopen record, request for costs and fees
L'Esperance v. DOT	66926	8/15/2008	32406	merits, demotion, police communications supervisor, insubordination
Haakma v. DVA	67860	8/23/2008	32466	merits, non-selection, interviewers' rating criteria not of record, successful candidates already worked at facility
Molnar v. DOC (issued by Examiner CAB)	67495	8/27/2008	32336-A	procedure, evidence, polygraph examination, request to compel exam of others,
Parker v. DOC	67264      67265	10/14/2008	32481  32482	merits 1) decision to terminate eligibility for reinstatement before end of 5-year period is illegal, reliance on information provided in reference questionnaires, 2) non-selection; remedy
Molnar v. DOC (issued by Examiner CAB)	67495	10/17/2008	32336-B	procedure, discovery, request to reschedule deposition of respondent's witness after failure of appellant's attorney to appear and to make arrangements for a court reporter
Peterson v. DNR	68070	11/3/2008	32605	jurisdiction, resignation coerced or voluntary, appellant had posed written questions about effect of resignation on benefits, received written response and received financial benefits from resignation
Dotson v. DOC	67843	11/11/2008	32527-A	merits, non-selection, had previously been terminated during probationary period for alleged misconduct, no showing that panelists were aware of termination
Schigur v. DOJ	68096	12/16/2008	32627	jurisdiction, 230.44(1)(c), permanent status in class, trial period upon promotion to career executive position, requisites for waiver of portion of trial period, 230.44(1)(a), 230.44(1)(d), removal decisions
Czynzak-Lyne v. OSER	66164	12/26/2008	32633	MSJ, classification, University Services Program Assistant, Academic Department Specialist, program vs. department
Dillman v DOC	65092	1/8/2009	31545-C	Summary dismissal order (due to settlement)
Boyea v. DOC	68260	1/13/2009	32647	timeliness, decision to terminate promotional probation and restore to position in previous classification,  employer had no affirmative obligation to notify employee of a right to appeal
Karre v. UW	68194	1/26/2009	32655	timeliness, discharge, effective date, date of notification, receipt of retirement information that could have influenced appellant's settlement posture is not relevant to timeliness determination
Stiefvater v. DOC	68299	2/18/2009	32678	procedure, 227.483 motion for costs and fees for frivolously filed claim arising from probationary term, appellant never knowingly pursued claim under 230.44(1)(c) and never submitted .45(1)(c) filing fee
Allen v. DOC [affirmed on judicial review]	66968	5/6/2009	32557	1) jurisdiction, involuntary transfer as part of letter of discipline; 2) merits, discipline, suspension, physical contact, touch of buttocks, construction of harassment work rule, zone of privacy, due process
Harrsch v. OSPD	67256	5/8/2009	32376-A	merits, 230.44(1)(d),non-selection, rescission of employment offer, employment background check, ER-MRS 1.02(2), appointment, effect of completing new employee forms, review of another agency's personnel records
Trzebiatowski v. OSER	62827	5/12/2009	31949-A	merits, classification, Engineering Specialist-Transportation Senior, Engineering Technician-Transportation Advanced 2, Surveyor-Senior, professional engineering work, right-of-way plat technician
Ryan v. DWD	68155	5/18/2009	32651-A	1) procedure, issue for hearing; 2) merits, grievance, temporary assignment exceeding 6 months, subsequent extension, agency written policy; 3) remedy, EAJA, fees and costs, filing fee, no response to request
Sweeney v. DOC (issued by examiner CAB)	67936	5/21/2009	32467-B	procedure, protective order, request for release from order limiting use of discovery materials, no finding of fraud, misunderstanding, or mistake.
Thom v. DOC (issued by examiner RJ)	68285	5/26/2009	32746-A	MSJ, 230.44(1)(c), discharge, pro se, issues of fact
Jackson-Ward v. DOR	66942	6/3/2009	32471-A	EAJA, 227.485, appellant not “prevailing party”, discipline removed from personnel file in normal course of business, not because appeal was filed
Wendel v. DOC	68822	6/29/2009	32782	jurisdiction, probationary termination, no permanent status in class under 230.44(1)(c)
Hewko v. OSER	68068	7/2/2009	32714	1) merits, classification, University Services Associate 2 and IS Resources Support Technician-Intermediate, general not limited supervision; 2) procedure, calling witnesses named by objecting party allowed, PC 4.02
Peachey v. DOC	68829	8/4/2009	32820	jurisdiction, 230.44(1)(c), duration of probation, reinstatement into a different employing unit, 6 vs. 12 months
Hewko v. OSER	68068	8/5/2009	32714-A	petition for rehearing denied, 227.49(3), no error of law or fact, no discovery of new evidence
Karre v. UW	67997	8/6/2009	32826	1) jurisdiction, 230.44(1)(c), suspension and written reprimand in lieu of suspension; 2) timeliness, discipline withdrawn and reissued, receipt, 230.44(3)
Scissom v. DOC	68910	8/17/2009	32832	jurisdiction, medical termination or discharge of represented employee,  230.44(1)(f), 230.44(1)(c),  effect of bargaining agreement, 230.34(1), 111.93(3)
Peterson v. DOA & OSER	68341	9/16/2009	32814-A	merits, classification, Custodian Lead and Facilities Repair Worker, best fit, class specifications prevail over equitable considerations
Hanevold v. DOA & OSER	68342	9/16/2009	32815-A	merits, classification, Custodian Lead and Facilities Repair Worker, best fit, class specifications prevail over equitable considerations
Adams v. DNR	67102	9/17/2009	32398-A	merits, non-selection, 230.44(1)(d), both candidates highly qualified, rational basis for interview scores, employer not obligated to hire at-risk employee, "competency-based hiring", alleged bias of panelists
McCreedy v. DOC	68974	10/14/2009	32887	timeliness, 230.44(3), filing period, calendar days not business days, employer had no duty to clarify
Garcia v. DOC	69110	10/26/2009	32890	jurisdiction, 230.44(1)(c), written reprimand, employee erroneously informed that appeal could be taken
Gabower v. DHS	68172	11/5/2009	32898	jurisdiction, 230.44(1)(c), 230.44(1)(d), threat of discharge, coerced resignation and refusal to rescind, failure to reinstate, 230.34(1), 230.31(1), ER 21.02(2), effect of collective bargaining agreement
Schigur v. DOJ	68096	11/10/2009	32626-B	jurisdiction, 230.44(1)(c), permanent status in class, promotion to career executive, ER-MRS 30.61(1), alleged waiver of portion of probationary period and failure to inform of performance concerns
Delarossa v. DOT & OSER	68687	12/8/2009	32734-A	merits, classification, Transportation Customer Representative-Senior and Advanced, best fit, not a majority of time on problem driver queue responsibilities
Graf v. DOT& OSER	68688	12/8/2009	32733-A	merits, classification, Transportation Customer Representative-Senior and Advanced, best fit, not a majority of time on problem driver queue responsibilities
Thiel v. DOT	64379	12/16/2009	31725-A	jurisdiction, 230.44(1)(c), 230.44(1)(d), constructive demotion, lower class, same pay range, related to hiring process, involuntary transfer (removal from vs. appointment to), reassignment
Thiel v. DOT	65169	12/16/2009	31726-A	merits, 230.44(1)(d), non-selection, re-announcements, effect of ranked list from interview panel, 230.18
Meier-O'Brien v. DOA	69045	1/28/2010	32955	1) jurisdiction, Fair Employment Act discrimination and retaliation claims; 2) timeliness, 230.44(3), classification, discharge
Disterhaft v. DNR	69183	2/10/2010	32962	jurisdiction, 230.44(1)(c), discipline, termination and actions leading to termination, limited term employment, no permanent status
Dohms v. DOC	69220	2/12/2010	32974	timeliness, 230.44(3), discipline, written reprimand in lieu of suspension, absence of negligence by appellant or information from respndt not exceptions to timeliness defense, appeal rather than grievance
Galligan v. DOC & DMRS	68571	2/26/2010	32987	1) jurisdiction, 230.44(1)(a), alleged failure of employer to seek authorization to transfer; 2) MSJ, 230.44(1)(c), constructive demotion, no change in position number, specifications and time allocations not in evidence
Meier-O'Brien v. DOA	69045	2/26/2010	32955-A	petition for rehearing denied, no error of law or discovery of new evidence
Lyddy v. Village of Camp Douglas	69295	2/26/2010	32989	jurisdiction, 230.44(1)(c), discipline, termination, village employee is not state employee
Barton v. WDVA	67171	3/2/2010	32417-A	1) jurisdiction, 230.44(1)(c ), proof of permanent status; 2) merits, 230.44(1)(c), layoff, approval for precipitating reorganization, 15.02(3), 16.705, rationale for reorganization
Leaverton v. WDVA	67159	3/2/2010	32416-A	1) jurisdiction, 230.44(1)(c ), proof of permanent status; 2) merits, 230.44(1)(c), layoff, approval for precipitating reorganization, 15.02(3), 16.705, rationale for reorganization
Allen v. WERC	09CV523	3/16/2010	32557-C1	Dodge County Circuit Court affirmed WERC decision 32557, issued 5/6/2009
Harrsch v. DWD & OSER	69340	4/28/2010	33023	timeliness, 230.44(3), alleged violation of neutral reference provision in resignation agreement
Sweeney v. DOC	68686	5/12/2010	32959	procedure, order to reopen hearing, evidence, 230.44(1)(d), non-selection, admissibility of evidence of employer's pre-certification conduct, relevance, pre-hearing comments by examiner, pro se appellant
Sweeney v. DOC	67936	6/3/2010	32775	merits, 230.44(1)(d) non-selection, linking pre-certification conduct by agency, alleged bias for internal candidates, interview preparation, scoring methodology, reference check procedure
Gerstmeyer v. DHS & OSER	68449	6/3/2010	32930	merits, classification, Office Associate, Office Operations Associate, exercising analytical or independent reasoning, complex program-related or administrative functions, uniqueness of position
Booth v. DHS & OSER	68774	7/8/2010	32809-B	1) merits, classification, effective date, equitable estoppel, reorganization; 2) procedure, evidence, hearsay
Wagner v. DHS & OSER	68775	7/8/2010	32810-B	1) merits, classification, effective date, equitable estoppel, reorganization; 2) procedure, evidence, hearsay
Prodoehl v. DHS & OSER	68773	7/8/2010	32808-B	1) merits, classification, effective date, equitable estoppel, reorganization; 2) procedure, evidence, hearsay
Arndt et al. v. DHS	68252	8/6/2010	32687-A	230.44(1)(d) non-selection; 1) jurisdiction, discrimination claim; 2) procedure, causation standard and sequence; 3) merits, reference checks, 230.20(2), only one candidate had access to PD; causation
Middleton v. DOC	69783	9/8/2010	33116	1) jurisdiction, written reprimand, inaccurate statement in letter of right to appeal; 2) remedy, 227.483 fee request
Weber v. DFI	69996	10/12/2010	33147	jurisdiction, discipline, effect of bargaining agreement, 230.34(1)
Weber v. DFI	70064	10/12/2010	33148	jurisdiction, discipline, effect of bargaining agreement, 230.34(1)
Middleton v. DOC	70151	11/2/2010	33159	timeliness, 230.44(3), reprimand in lieu of a suspension
D. L. v. UW	69581	11/17/2010	33131	procedure, failure to appear at hearing; good cause determination
Thom v. DOC	68285	11/19/2010	32746-C	procedure, reopen hearing, after proposed decision, materiall available at time of hearing but not offered
Larson v. DOC & DMRS	68983	12/2/2010	33140	merits, 230.44(1)(a), exam, failing score, objectively scored, job-related benchmarks, "professional" work experience, results of prior examinations, subjective judgment
Thom v. DOC [appeal pending]	68285	12/8/2010	32746-B	1) merits, 230.44(1)(c), discharge, dispensing gas into personal vehicle from State pump, theft vs. replenishing, unauthorized possession or improper use of property, excessive disc.; 2) remedy, 227.483
Hansen v. DOC	69313	12/20/2010	33192	timeliness, of application for hazardous duty pay benefits, initial denial on  grounds other than timeliness
Langworthy v. DOC	69812	1/26/2011	33211-A	procedure, request to reopen, dismissal order issued under misapprehension of desire to withdraw
Johnson v. DOC [appeal pending]	67937	2/10/2011	32784-A	merits, 230.44(1)(c), demotion, prison setting, threatening harm, intimidating, failure to provide accurate information, due process during investigation
Hewko v. OSER	70085	3/3/2011	33137-A	motion for summary judgment, classification, pro se party's ability to advance a defense, material facts in dispute
Allen v. WERC	2010AP1149	3/4/2011		District IV, Wisconsin Court of Appeals, affirmed WERC decision 32557 issued 5/6/2009
Elmer v. DHS	70328	3/22/2011	33179-A	timeliness, non-selection, date of notification of decision, date appellant learned of reason for non-selection, no obligation to inform candidate of reason for decision
Thom v. DOC [appeal pending]	68285	3/23/2011	32746-D	EAJA, 227.485, discipline, partially prevailing party, substantially justified, whether agency over-litigated case can serve as factor
Biasi & Smith v. UW	69862	4/6/2011	33276	jurisdiction, 4th-step grievance, wages, whether appellants satisfied compensation plan conditions for receiving overtime
M.S. v. UW & DMRS [appeal pending]	69216	4/11/2011	33128	1) merits, exam, certification list, veterans preference points, 230.03(14)(d), statutory construction, honorable conditions, period of service; 2) remedy, whether or not position is vacant
Galligan v. DOC	68571	4/18/2011	32987-B	merits, 230.44(1)(c), constructive demotion, lower class level, temporary vs. permanently assigned duties, prison supervisor duty assignments, desirability of assignments
Clark-Dyett v. DHS	70548	5/9/2011	33234-A	timeliness, non-selection, notification, no duty to inform of appeal rights, method of delivery of appeal, effort to resolve concern before filing
Kasper v. DHS	70549	5/9/2011	33235-A	timeliness, non-selection, notification, no duty to inform of appeal rights, method of delivery of appeal, effort to resolve concern before filing, status as non-attorney
M.S. v. UW & DMRS [appeal pending]	69216	6/14/2011	33128-A	EAJA, 227.485, exam, substantially justified, consultation with other agencies, open to reconsideration, appellant declined to supply material document until just before hearing, proposed decision rejected
Alexander v. DHS	70734	8/2/2011	33327	jurisdiction, 230.44(1)(h), termination during probationary period, employed by Milwaukee County, effect of erroneous advice
Winslow-Stanley v. DOC	69975	11/4/2011	33213-A	merits, discipline, reprimand in lieu of a 3-day suspension, due process during investigation, kissing subordinate and engaging in off-color or sexual banter, prison setting, excessiveness factors
Winslow-Stanley v. DOC	69976	11/4/2011	33214-A	merits, discipline, 5-day suspension, due process during investigation, referring to employee X derogatorily, grabbing X, threatening to discipline X for insubordination, prison setting, excessiveness factors
Langworthy v. DOC	69812	11/4/2011	33211-C	procedure, lack of prosecution, abandonment of claim, egregious conduct, failure to act timely and provide appropriate notice and information relating to claim, no clear and justifiable excuse,
Hamblin v. WERC & Thom	11-CV-1865	11/14/2011		Dane County Circuit Court, Branch 1, affirmed WERC decision 32746-B issued 12/8/2010
Decker v. DOC	70160	12/1/2011	33593	jurisdiction, discipline, 230.44(1)(c), letter of reprimand in lieu of a suspension withdrawn and replaced with letter of reprimand after appeal was filed
Rakowski v. DWD	70528	1/17/2012	33231-B	merits, 230.44(1)(d), non-selection, challenge to reasonableness of assessment of appellant by interview panel, bias allegation, consistency between panelists' notes, appellant's demeanor during interview
Molnar v. DOC	67495	1/20/2012	32336-C	merits, discipline, demotion, pattern of harassing behavior, denial during investigation, email from home to co-worker at work does not violate rule premised on acting in the course of one's employment
UW & OSER v. WERC	11-CV-2873	2/7/2012		Dane County Circuit Court, Branch 1, affirmed WERC decision 32128 issued 4/11/2011
Wistrom v. DVA (also see 33180-D)	70313	2/17/2012	33180-B	jurisdiction, career executive reassignment, permanent vs. temporary, unrefuted affidavits as basis for decision
Russell v. UW (issued by examiner MG)	69722	3/29/2012	33845-A	1) MSJ (by appellant) or to exclude evidence, discipline, discharge, common law spoliation rule, evidentiary standard in administrative proceeding; 2) procedure, discovery, sanctions where no order was issued
Langworthy v. DOC	70785	7/10/2012	33316-B	merits, discipline, discharge, prison setting, captain, sexual harassment and lying during investigation
Wistrom v. DVA (issued by examiner JCC)	70313	8/15/2012	33180-D	jurisdiction, 230.44(1)(c), constructive discharge claim arising from temporary assignment of career executive, health status of appellant, commuting distance caused by assignment