KEY TOPIC TABLE FOR WERC DECISIONS SINCE 2003 (PA
CASES)
This table identifies the key subjects of substantive decisions relating to the WERC’s authority to review certain State civil service personnel actions, often referred to as "personnel appeals" or “PA cases.” The table encompasses decisions issued since the WERC acquired this responsibility in 2003 and is updated approximately twice per year. Consequently, decisions issued in the most recent several months may not be reflected. The text of the decisions listed on this page can be accessed either from a linked list or via a full text search.
If errors are discovered in the information listed in this, please bring them to the attention of Kurt Stege, at (608)266-3299 or kurt.stege@wisconsin.gov
While this table has been prepared by WERC staff for the convenience of interested persons, it is important to remember that the decisions themselves are the ultimate source of Commission precedent.
Persons who use the table to locate decisions in order to cite them as authority in a court proceeding should take note of Sec. 809.23(3), Stats., which provides that an unpublished decision of the Court of Appeals is of no precedential value and, for that reason, may not be cited in any court in this state as precedent or authority, except in very limited circumstances. Such decisions are referenced in this table as an informational service only, and their use contrary to Sec. 809.23(3), Stats., is not encouraged.
|
Case Name |
Case Number |
Date Issued |
Decision Number |
Description |
|
DHFS & DER
(Bell-Marek) |
62900 |
12/5/2003 |
30748 |
merits,
classification, Programming and Planning Analyst 5 & 6, factor evaluation
system |
|
DOC (Goins) |
62931 |
1/16/2004 |
30766 |
jurisdition,
probationary employee, effect of bargaining agreement |
|
DOC & DER (Scott) |
62887 |
1/15/2004 |
30767 |
MSJ, classification,
Maintenance Mechanic 3 to HVAC Specialist, "typically 90% or more" |
|
UW & DER
(Forrest-DeSmith) |
62885 |
1/16/2004 |
30769 |
merits, effective date
of classification action, application of policy bulletin CLR/POL-57 |
|
DER (Chiappetta) |
63027 |
1/15/2004 |
30760 |
merits,
classification, Financial Specialist 4 to 5, policy of 25% minimum change in
duties, comparison position misclassified |
|
DER (Allen) |
62777 |
1/29/2004 |
30772 |
jurisdiction, market
stratification pay increase upon reallocation, rewriting class specifications |
|
Kraniak v. Dube et al.
( |
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. |
|
UW & OSER (Kline) |
63202 |
3/2/2004 |
30818 |
timeliness, burden on
appellant, non-selection, classification |
|
DER (Eidenshink) |
62776 |
3/2/2004 |
30819 |
jurisdiction,
placement of incumbent at certain pay point on schedule upon reallocation |
|
UW (Sears) |
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 |
|
DOC (Del Frate) |
62764 |
2/27/2004 |
30795 |
merits, discipline,
suspension, arranging for inmate to make table for personal use of another
employee |
|
DER (Allen) |
62777 |
3/22/2004 |
30772-A |
timeliness of petition
for rehearing |
|
DHFS (Kraniak) |
62882 |
3/30/2004 |
30860 |
EAJA, discharge case,
due process failure but analysis of substantive discharge decision |
|
DPI & DER
(Fredrick) |
62338 |
4/14/2004 |
30879 |
merits, reclass,
Education Program Specialist to Education Consultant Coordinator, team leader
vs. leadworker, logical and gradual change |
|
UW & DMRS (Sabez) |
62782 |
4/30/2004 |
30890 |
timeliness, effect of
filing grievance |
|
DMRS (Dennis) |
62788 |
4/30/2004 |
30892 |
jurisdiction, exam,
vacancy for administrator of DMRS |
|
DOC (Beck) (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" |
|
UW (Elmer) |
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 |
|
DWD (Stern) |
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 |
|
DOA (Sutheimer) |
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 |
|
OSER & DATCP
(Kohl) |
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 |
|
DPI & DER
(Fredrick) |
62338 |
7/26/2004 |
30879-A |
EAJA, classification
case, request denied |
|
DOC (Hortman) |
63534 |
8/11/2004 |
31037 |
jurisdiction, initial
probationary termination |
|
UW (Zeidel) |
63513 |
8/11/2004 |
31038 |
jurisdiction,
non-selection, academic staff position (unclassified service) |
|
OSER (Rice) |
63104 |
10/1/2004 |
31093 |
merits,
classification, Program Asst. 4, Engineering Tech-Trans, Engineering
Spec-Trans |
|
OSER (Roh) |
62786 |
10/1/2004 |
30951-A |
merits,
classification, Employment and Training Specialist, ETS-Lead, reallocation
based on duties at effective date, leadwork, primary purpose |
|
UW (Krueger) |
63879 |
10/6/2004 |
31104 |
jurisdiction,
probationary term (allegation of SELRA violation) |
|
DHFS (Kraniak) |
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 |
|
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 |
|
DOC (Rasmussen) |
63702 |
10/22/2004 |
31121 |
timeliness, incorrect
zipcode on appeal, affidavit from respondent regarding date of receipt of
letter of discipline |
|
OSER (Roh) |
62786 |
11/17/2004 |
30951-B |
final order adopting
interim order and dismissing case |
|
UW (Gawenda) |
63742 |
11/18/2004 |
31149 |
jurisdiction,
non-selection, academic staff position |
|
DOT (Goggin) |
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 |
|
DOC (Federlin) |
63077 |
11/24/2004 |
31094-A |
merits, discipline,
demotion, failure to timely perform assigned duties (financial and
recordkeeping), unauthorized possession of documents |
|
DOC (Zeiler) |
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 |
|
DNR & OSER
(Burzynski) |
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 |
|
DHFS (Bedynek-Stumm) |
62941 |
1/11/2005 |
31099-A |
jurisdiction,
non-selection, limited term position (LTE) |
|
DHFS (Gruen) |
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 |
|
DPI (Her) |
63741 |
1/28/2005 |
31170 |
timeliness,
notification of non-selection decision occurs on receipt rather than on
mailing, non-delivery of notification letter |
|
UW (Robinson) |
64797 |
2/18/2005 |
30989-A |
merits, discipline,
supervisor's sexual activity with a co-worker in assigned office,
excessiveness |
|
OJA (Grohmann) |
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 |
|
DOC & OSER
(Schmidt) |
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 |
|
DOC & OSER
(Metnik) |
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 |
|
WSTCB (Gittens) |
64091 |
3/18/2005 |
31278 |
jurisdiction,
non-selection, unclassified position |
|
DHFS (Ryskoski) |
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 |
|
UW (Robinson) |
63797 |
4/18/2005 |
30989-B |
EAJA, prevailing party
solely as to level of discipline which had been reduced from discharge to
demotion |
|
DNR & OSER
(Steinke) 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 |
|
OJA (Grohmann) |
62930 |
5/16/2005 |
31021-A |
EAJA, analysis of
respondent's position in the administrative proceeding as well as the
underlying disciplinary action |
|
UW (Struensee) |
64702 |
6/2/2005 |
31348 |
jurisdiction,
probationary termination |
|
DOC (Gustavus) |
62919 |
3/24/2004 |
30817 |
jurisdiction, decision
to deny request to work no more than an 8.5 hour workday for 2 weeks |
|
DOC (Bertotto) (issued
by examiner LAM) |
62876 |
8/16/2004 |
31043-A |
procedure, motion to
hold case in abeyance pending outcome of discrimination complaint |
|
DOC (Stuchlik) |
64621 |
6/6/2005 |
31353 |
jurisdiction,
probationary termination |
|
DOC (Gerritson) |
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 |
|
DATCP (Elmer) |
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 |
|
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 |
|
DNR & OSER
(Norris-Dunn) |
62750 |
7/11/2005 |
31298 |
merits,
classification, Program Assistant 1 to 2, duties acquired after effective
date, volume of work |
|
DOC (Biggar) |
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 |
|
UW (Carter) |
63843 |
7/19/2005 |
31403 |
procedure, failure to
appear at hearing by party with burden of proof, dismissal for failure to
prosecute |
|
DNR & OSER
(Steinke) [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 |
|
BOALTC (Bedynek-Stumm) |
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] |
|
DWD (Bedynek-Stumm) |
62942 |
8/10/2005 |
31332-A |
procedure, 1) request
to recuse; 2) lack of prosecution; standard, failure to appear at conferences |
|
DOC & DHFS
(Eslinger) |
64029 |
9/10/2005 |
31416 |
jurisdiction,
reduction in rate of compensation and action to recoup previously paid
amounts, effect of 111.93(3) |
|
BOALTC (Bedynek-Stumm) |
62940 |
9/23/2005 |
31295-A |
merits, non-selection,
overqualified, ruling on petition for rehearing |
|
DOC (C. J.) |
64827 |
10/24/2005 |
31491 |
jurisdiction, initial
rate of pay upon appointment vs. discretionary market adjustment |
|
DNR & OSER (Solin) |
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 |
|
DHFS & DMRS
(Warren) |
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 |
|
DOR (Williams) |
65091 |
12/29/2005 |
31566 |
timeliness, rescission
of employment offer, equitable estoppel |
|
DATCP & OSER
(Kohl) |
62902 |
1/5/2006 |
30996-A |
MSJ, remedy phase |
|
DATCP (Kohl) |
65094 |
1/5/2006 |
31569 |
timeliness |
|
DNR & OSER (Solin) |
63608 |
3/7/2006 |
31424-A |
EAJA, failure to
establish that gross income satisfied eligibility requirement |
|
DATCP & OSER
(Kohl) |
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 |
|
DNR & OSER
(Zenchenko) |
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 |
|
DOC (Fassbender) |
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 |
|
DVA (Bartz-Bentz) |
64123 |
4/12/2006 |
31485 |
[modified and reissued
as 31485-B] |
|
DOT (Huntley) |
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 |
|
DVA (deMoya) |
65270 |
3/7/2006 |
31636 |
jurisdiction,
temporary assignment of career executive to special project |
|
DVA (deMoya) |
65324 |
3/7/2006 |
31637 |
jurisdiction,
relocating and downsizing A's office |
|
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 |
|
DHFS (Toman) |
65533 |
5/3/2006 |
31676 |
timeliness, action of
maintaining a termination letter (rather than a resignation letter) as part
of appellant's personnel file |
|
DOC (Fassbender) |
65409 |
5/3/2006 |
31677 |
timeliness, fax
reached Commission after close of business, e-mail to WERC staff located outside
|
|
DOCommerce & OSER
(Weber) |
62884 |
6/8/2006 |
31576 |
1) issue and claim
preclusion; 2) merits, reclass, Community Services Specialist 2 and 3,
Economic Development Consultant, disputed duties |
|
DOJ & OSER
(Knutson) |
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 |
|
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 |
|
DOT et al. (Thiel) |
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 |
|
DOC (Gerritson) |
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 |
|
DOC & OSER
(Treleven) |
65120 |
8/8/2006 |
31754 |
jurisdiction, pay
after reallocation and reinstatement rather than regrade, member of
bargaining unit, effect of 111.93(3) |
|
DVA (Bartz-Bentz) |
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 |
|
DOC (Alt) |
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 |
|
DOC (Kriska) [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 |
|
DHFS (Pasch) |
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. |
|
DHFS & DMRS
(Saveland) |
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 |
|
OSER (Wincentsen) |
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 |
|
DVA (deMoya) [deMoya
IV] |
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 |
|
DOC (Perkins) |
66091 |
11/7/2006 |
31901 |
jurisdiction,
termination of promotional probationary employment and restoration to a
position in the employee's previous classification |
|
OSER (Wincentsen) |
66262 |
11/20/2006 |
31866-A |
procedure, request to
return filing fee after appeal was found to be untimely filed |
|
OSER (Powell) |
66109 |
11/20/2006 |
31932 |
procedure, request to
return filing fee after respondent granted the requested classification
relief without a hearing |
|
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 |
|
OSER (Markwardt) |
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) |
|
OSER (Schneider) |
66268 |
11/8/2006 |
31903 |
timeliness, 30th day a
Sunday, letter of appeal received by Commission a week after Monday |
|
OSER (Znidarsich) |
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) |
|
DOC (Kriska) |
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 |
|
DOC (C.J.) |
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 |
|
OSER (Danielson &
Smith) |
66180, 66232 |
1/9/2007 |
31977 31978 |
MSJ, classification,
leadworker |
|
OSER (Znidarsich) |
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) |
|
DNR (Strauss) |
65501 |
2/22/2007 |
32024 |
jurisdiction,
termination during probationary period served on re-hire |
|
DVA (deMoya) [deMoya
V, VI, VII] |
66321, 66353, 66354 |
2/22/2007 |
32026,32027,32028 |
procedure, mootness,
grievance, appellant no longer employed by agency |
|
OSER (Ryf) |
66272 |
2/22/2007 |
32025 |
timeliness, apparent
discrepancy between date next to signature on receipt and statements by
appellant |
|
UW (Rounds-Rheaume) |
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 |
|
UW (Rounds-Rheaume) |
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) |
|
DHFS & OSER
(Elmer) |
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) |
|
DWD & OSER
(Schultz) |
64589 |
4/10/2007 |
31326-A |
merits,
classification, Information Systems Network Services - Senior and Specialist,
mis-classified comparison position |
|
DATCP (Elmer) |
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 |
|
DNR (Fabert) |
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 |
|
DWD & DMRS (Stern) |
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 |
|
DHFS & DMRS
(Royal) |
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 |
|
DOT & OSER
(Somerville) |
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 |
|
DWD (Junceau) |
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 |
|
DHFS & DMRS
(Saveland) |
66447 |
8/9/2007 |
32033-A |
1) merits, exam, not
eligible determination, change in standards from earlier exams; 2)
timeliness, waiver of objection |
|
DATCP & OSER
(Paulat) |
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 |
|
DNR (Adams) |
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 |
|
OSER (Braun) |
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) |
|
DOC (Karl) |
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 |
|
DOC (Parker) |
67263 |
12/19/2007 |
32298 |
timeliness,
non-selection |
|
DOA & OSER
(Pollard) |
66492 |
1/24/2008 |
32261-A |
merits,
classification, regrade, competition, substantial change in duties due to
staff reductions, vacancies and legislative directives |
|
DWD (Bakken et al.) |
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 |
|
OSER (Mattson) |
62835 |
1/30/2008 |
32263 |
merits, reallocation,
Engineering Specialist-Transportation Senior, Engineering
Tecnician-Transportation Advanced 2, professional engineering work |
|
DOJ (Kwart Moore) |
67507 |
2/11/2008 |
32351 |
timeliness, rescission
of employment offer, contact with higher-ranking administrators after
decision |
|
DNR (Gruentzel) |
66927 67375 |
2/11/2008 |
32352 32353 |
jurisdiction,
230.44(1)(c), demotion, constructive demotion, temporary vs. permanent
reassignment of duties, 7 months |
|
DWD (Reynolds) |
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 |
|
DATCP (Elmer) |
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 |
|
DPI (Koenig) |
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 |
|
OSPD (Harrsch) |
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 |
|
UWHCB & OSER
(Boeck) |
67063 |
3/12/2008 |
32307 |
merits,
classification, UWHC Department Assistant and UWHC Scheduler-Objective,
majority of time, position description relied on stock language |
|
UW (Brister-Cooper) |
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 |
|
DFI & DMRS
(Gawenda) |
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 |
|
DMRS (Stewart) |
67652 |
6/25/2008 |
32462 |
timeliness, filing
fee, 30 days is mandatory |
|
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 |
|
DOR (Jackson-Ward) |
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 |
|
Kriska v. WERC |
06-CV-9545 |
2/26/2007 |
|
Milwaukee County
Circuit Court affirmed WERC decision 31796, issued 9/6/2006 |
|
DOC (Carr) |
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 |
|
DOT (L'Esperance) |
66926 |
8/15/2008 |
32406 |
merits, demotion,
police communications supervisor, insubordination |
|
DOC (Dillman) |
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 |
|
DOC (Molnar) (issued
by Examiner CAB) |
67495 |
8/27/2008 |
32336-A |
procedure, evidence,
polygraph examination, request to compel exam of others, |
|
DVA (Haakma) |
67860 |
8/23/2008 |
32466 |
merits, non-selection,
interviewers' rating criteria not of record, successful candidates already
worked at facility |
|
DOC (Parker) |
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 |
|
DOC (Molnar) (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 |
|
DNR (Peterson) |
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 |
|
DOC (Dotson) |
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 |
|
DOJ (Schigur) |
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 |
|
OSER (Czynzak-Lyne) |
66164 |
12/26/2008 |
32633 |
MSJ, classification,
University Services Program Assistant, Academic Department Specialist,
program vs. department |
|
DOC (Dillman) |
65092 |
1/8/2009 |
31545-C |
Summary dismissal
order (due to settlement) |
|
DOC (Boyea) |
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 |
|
UW (Karre) |
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 |
|
DOC (Stiefvater) |
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 |
|
DOC (Allen) [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 |
|
OSPD (Harrsch) |
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 |
|
OSER (Trzebiatowski) |
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 |
|
DWD (Ryan) |
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 |
|
DOC (Scissom) |
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) |
|
DOC (Sweeney) (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. |
|
DOC (Thom) (issued by
examiner RJ) |
68285 |
5/26/2009 |
32746-A |
MSJ, 230.44(1)(c),
discharge, pro se, issues of fact |
|
DOC (Wendel) |
68822 |
6/29/2009 |
32782 |
jurisdiction,
probationary termination, no permanent status in class under 230.44(1)(c) |
|
DOR (Jackson-Ward) |
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 |
|
OSER (Hewko) |
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 |
|
DOC (Peachey) |
68829 |
8/4/2009 |
32820 |
jurisdiction,
230.44(1)(c), duration of probation, reinstatement into a different employing
unit, 6 vs. 12 months |
|
OSER (Hewko) |
68068 |
8/5/2009 |
32714-A |
petition for rehearing
denied, 227.49(3), no error of law or fact, no discovery of new evidence |
|
UW (Karre) |
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) |
|
DOA OSER (Peterson,
Hanevold) |
68341 |
9/16/2009 |
32814-A |
merits,
classification, Custodian Lead and Facilities Repair Worker, best fit, class
specifications prevail over equitable considerations |
|
DOA OSER (Peterson,
Hanevold) |
68342 |
9/16/2009 |
32815-A |
merits, classification,
Custodian Lead and Facilities Repair Worker, best fit, class specifications
prevail over equitable considerations |
|
DNR (Adams) |
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 |
|
DOC (McCreedy) |
68974 |
10/14/2009 |
32887 |
timeliness, 230.44(3),
filing period, calendar days not business days, employer had no duty to
clarify |
|
DOC (Garcia) |
69110 |
10/26/2009 |
32890 |
jurisdiction,
230.44(1)(c), written reprimand, employee erroneously informed that appeal
could be taken |
|
DOC (Dohms) |
69220 |
2/12/2010 |