Definitions
Evidence
Investigation and Certification of Representatives
Jurisdiction
Practice and Procedure Before the Commission
Practice and Procedure Before the Courts
Commission Orders Remedying Prohibited Practices
Prohibited Practices by Municipal Employers
Prohibited Practices by Municipal Employes, Individually and in Concert with Others
Fact Finding
Law Enforcement and Firefighter Personnel Interest Arbitration
Fair Share Agreements
M100 DEFINITIONS
M110 MUNICIPAL EMPLOYER
M111 NATURE
M120 MUNICIPAL EMPLOYE
M121 SUPERVISOR
New M121.1 Term As Defined in MERA (Formerly “In General”)
M121.2 Determination of Supervisory Status
New M121.3 Firefighter Personnel
*MI22 INDEPENDENT CONTRACTORS
*MJ23 RETATIVES OF AGENTS OF MIJNICIPAL EMPLOYER
M124 MANAGERIAL EMPLOYES
M125 MEMBERS OF POLICE, SHERIFF OR COUNTY TRAFFIC OFFICER DEPARTMENTS
*MI26 REGULARITY OF EMPLOYMENT
M127 SOURCE OF FTJNDS AS AFFECTING EMPLOYE STATUS
M130 LABOR ORGANIZATION
M131 NATURE
*MJ32 EFFECT OF SUPERVISORY STATUS
M140 REPRESENTATIVE
M150 CRAFT
*Ml5l GENERALLY
*MJ52 EMPLOYES FOUND NOT TO CONSTITXJTE CRAFT EMPLOYES
*Ml52.1 Bakers
*Ml52.2 Blacksmith
*Ml52.3 Cooks
*MJ52.4 Electrical Aides
*MI52.5 Heavy Equipment Operators
*Ml52.6 Maintenance Employes
*MJ52.7 Mechanics
*Ml52.8 Utility Linemen
*Ml52.9 Utility Maintenance Man
M153 EMPLOYES FOLJND TO CONSTITUTE CRAFT EMPLOYES
*MI53.1 Beautician
*Ml53.2 Cabinet Maker
*Ml53.3 Carpenter
*Ml53.4 Craft Inspectors
*MI53.5 Painters
*MI53.6 Sheet Metal Workers
New M153.7 Electricians
New M153.8 Machinists
M160 PROFESSIONAL EMPLOYES
MI 61 TERM AS DEFINED IN MERA (FORMERLY “GENERALLY”)
New M161.1 Generally
M162 EMPLOYES FOUND NOT TO BE PROFESSIONAL
*MI62.1, Assessors
*MI,62.2 Collector-Investigators
M162.3 Licensed Practical. Nurses
MI62.4 Occupational Therapist
*Ml62.5 Technicians
New M162.6 Library Employes
New M162.7 Registrar in Probate
New M162.8 Non-Degreed Sanitarians
New M162.9 Social Service Employes
M163 EMPLOYES FOUND TO BE PROFESSIONALS
*MI63.1 Social Service Employes (Formerly “Case Workers”)
*Ml63.2 Engineers
*MI63.3 Occupational Therapist-Registered
*MJ63.4 Psychologists
*MI63.5 Registered Nurses
*Ml63.6 Teachers
New M153.7 Medical Technologists
M163.8 Sanitarians
*Cases appear in Vol. I of Digest only.
M100 DEFINITIONS
M110 MUNICIPAL EMPLOYER
M111 NATURE
Cooperative Educational Service Agency found to be a municipal employer within the meaning of Sec. 111.70(1)(a) of MERA.
Cooperative Educational Service Agency No. 14 (12175) 9/73
Probate Registrar, appointed by County Judge, pursuant to Chapter 865, Wis. Stats., deemed to be employed by the County rather than by the County Court.
Oneida County (12247) 11/73
City water utility found to be a municipal employer separate and apart from the city.
City of Sparta Water Utility (12912) 8/74
M120 EMPLOYE
M121 SUPERVISOR
New
M121.1 Term As Defined In MERA
Sec. 111.70(1)(o) of MERA defines the term “supervisor” as follows:
1. As to other than municipal and county firefighters, any individual who has authority, in the interest of the municipal employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employes, or to adjust their grievances or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
2. As to firefighters employed by municipalities with more than one fire station, the term “supervisor” shall include all officers above the rank of the highest ranking officer at each single station. In municipalities where there is but one fire station, the term “supervisor” shall include only the chief and the officer in rank immediately below the chief. No other firefighter shall be included under the term “supervisor” for the purposes of this subchapter.
M121.2 Determination of Supervisory Status
In defining the term “supervisor” in MERA, the Legislature did not change the law regarding supervisors, but merely defined the
concept by focusing attention on the most significant factors in the test previously applied by the Commission. The factors relied on by the Commission in making such determinations, which are not specifically mentioned in the statutory definition, relate to evidence of the presence or absence of the statutory factors and are consistent with the statutory definition. The essential question remains the same and that is, whether the statutory criteria are present in sufficient combination and degree to warrant the conclusion that the individuals in question are supervisors.
Fond du Lac County (10579-A) 1/72
Although not statutory criteria, the amount of time spend in supervision and the number of other supervisors supervising the same employes are also factors having some weight with the Commission in its determination with respect to the statutory criteria.
Fond du Lac County (10371-A) 4/72
While Sec. 59(21)8, Wis. Stats. permits counties to adopt a civil service system for sheriff departments and where such a system may limit the authority of certain officers with respect to hiring, firing and discipline, the supervisory status of such officers must be determined on the basis of whether they perform such supervisory duties set forth in Sec. 111.70(1)(o) of MERA.
Washington County (10845-A) 4/72
Not all the indicia of supervisory status need be present to establish that a given position is supervisory.
City of New London (12170) 9/73
Potential supervisory authority and duties does not warrant the conclusion that employe involved is a supervisor.
Oneida County (12247) 11/73
New
M121.3 Firefighter Personnel
The definition of the term supervisor, as it applies to firefighter personnel, as set forth in Sec. 111.70(1)(o)2 of MERA, is in-tended to include in the bargaining unit all firefighters who function at and below the level of a station commander.
City of Janesville (12460-A) 5/74
M124 MANAGERIAL EMPLOYES
In order to constitute a managerial employe, an employe must participate in the formulation, determination and implementation of policy and the resultant responsibility for such participation.
St. Croix County (11930-A) 6/73; City of Milwaukee (11971) 7/73
Managerial employes, as well as supervisors, have been excluded from MERA coverage on the basis that their relationship to management imbues them with interests significantly at variance with those of other employes. In that managerial employes participate in the formulation, determination and implementation of management policy, they are unique from their co-workers. Managerial employes function as agents of the Employer with regard to employe-employer relation-ships. In addition, managerial status may be related to a position’s effective authority to commit the Employer’s resources. Managerial employes do not necessarily possess confidential information relating to labor relations or supervisory authority over subordinate employes.
City of New London (12170) 9/73
Managerial employes, unlike supervisor and confidential employes, need not be involved in employment relations. Rather managers are those persons who are involved in with the employer’s policies at a relatively high level of responsibility.
City of Milwaukee (12035-A) 2/74
The performance of professional responsibilities loyal and favorable to the management of the city by assistant city attorneys does not constitute grounds for the conclusion that said professionals are managerial employes.
City of Milwaukee (12035-A) 2/74; City of Kenosha (12522) 3/74
Assistant District Attorneys and Assistant Corporation Counsel found not to be managerial employes.
Milwaukee County (12571) 3/74
M125MEMBERS OF POLICE, SHERIFF OR COUNTY TRAFFIC OFFICER DEPARTMENT
Clerical and cooks in Sheriff’s Department, who are deputized, although not engaging in arrests, and who perform duties directly related to prisoner care and management, and supportive of the functions of male deputies, deemed to be law enforcement personnel.
Jefferson County (11082) 6/72
Meter Maids, employed in Police Department, who have no power of arrest, not considered to be law enforcement personnel.
City of Monroe (11580) 2/73; City of Wauwatosa (12032) 7/73
M127 SOURCE OF FUNDS AS AFFECTING EMPLOYE STATUS
The fact that salaries of employes may be funded by another unit of government does not provide a basis for the exclusion of said employes from an existing unit, where said employes perform unit work and are employed under the same conditions applied to unit employes.
Tomah School District No. 1 (8209-C) 3/72; City of Chetek (10757-A) 4/72; City of Edgerton (11340) 10/72; Adams-Friendship Area Schools (11881) 5/73; Village of Niagara (12449) 1/74; Merton Jt. School Dist. No. 9 (12828) 6/74; Rock County (13131) 11/74; Kewaunee County (13185) 11/74
Where State entered into an “Authority for Expenditure” agreement with County for the operation of a drawbridge on federal highway crossing into another state, Commission found that Bridgetenders, employed to perform duties required, were employed by the County, and properly included in unit of Highway Department employes.
Pierce County (11843) 5/73
Full time federally funded teachers, found to be employes and included in unit of teachers not so funded.
Blackhawk Technical Institute (11726-A) 7/73
M130 LABOR ORGANIZATION
M131 NATURE
The Legislature did not see fit to impose any formal requirements on a labor organization, such as a requirement that it have a constitution or by-laws, or that it admit employes to formal membership, or that it charge employes dues. The only requirement set out, other than that the organization have the appropriate intent, is that employes participate. There is no requirement that the nature of the participation be any more formal than desired by the employes themselves.
Manitowoc County (10899) 3/72; Village of Grafton (12718) 5/74
The fact that organization sought improvements in wages and benefits for managerial and supervisory personnel, while also seeking such improvements for professional employes, does not permit such organization to escape its “labor organization” status, as it relates to professional employes.
Dane County (11622-A) 10/73
M140 REPRESENTATIVE
There is no provision in MERA which prevents a labor organization from representing more than one unit of employes.
Merton Jt. School Dist. No. 9 (12828) 5/74; North Lake Jt. School Dist. No. 7 (12829) 6/74
M150 CRAFT
M153 EMPLOYES FOUND TO CONSTITUTE CRAFT EMPLOYES
M153.4 Craft Inspectors
City Inspectors, required to have journeymen status, found to constitute craft employes.
City of Appleton (11784) 4/73; City of Appleton (12620) 4/74
New
M153.8 Machinists
Machinists employed by County found to have necessary training and to perform duties to bring them within the scope of the definition of a craft employes.
Milwaukee County (11685) 3/73
M160 PROFESSIONAL EMPLOYES
New
M161 TERM AS DEFINED IN MERA
Sec. 111.70(1)(1) defines the term “professional” employe as follows:
1. Any employe engaged in work:
a. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; b. Involving the consistent exercise of discretion and judgment in its performance; c. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; d. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher education or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical process; or
2. Any employe who:
a. Has completed the courses of specialized intellectual instruction and study described in subd. 1. d; b. Is performing related work under the supervision of a professional person to qualify himself to become a professional employe as defined in subd. 1.
M161.1 Generally
The Commission will not accept a stipulation of the parties that certain classifications are professional, if the Commission has reason to believe that said positions are not professional employes.
Milwaukee Board of School Directors (11206) 8/72
M162 EMPLOYES FOUND NOT TO BE PROFESSIONAL
M162.3 Licensed Practical Nurses
While possessing special training and exercising special skills, Licensed Practical Nurses found not to constitute professional employes within the meaning of Section 111.70(1)(c).
Monroe County (11913) 6/73; La Crosse County (12931) 8/74
New
M162.6 Library Employes
Trained librarian, who was not certified and whose duties did not require certification, found not to be a professional employe.
Northeast Technical Institute (11602) 2/73
Children’s Assistant Librarian position, which only requires two years of applicable courses in library science or administration, deemed not a professional position.
City of New Berlin (13173) 11/74
Reference Cataloger, who is required to have college degree in library science, found to be a professional employe.
City of New Berlin (13173) 11/74
New
M162.7 Registrar in Probate
Neither Registrar in Probate, nor his Deputy, although performing skilled and technical duties, found to be professional employes.
Columbia County (12218) 10/73; Oneida County (12247) 11/73
New
M162.8 Non-Degreed Sanitarians
Where County Sanitarian position did not require a college degree, and where primary function of the position involved the issuance of septic tank permits, Commission found position to be non-professional. Brown County (12381) 1/74
New
M162.9 Social Service Department Employes
Alcoholism and Drug Abuse Counselors, who are not degreed, but hold their position because they were former alcoholics or drug users, found not to be professional employes.
Rock County (13131) 11/74
Minority Specialist and After Care Coordinator positions which require only a high school or bachelor’s degree found not professional positions.
Rock County (13131) 11/74
Volunteer Coordinator position, which prime requirement is an “ability to get along with people”, although occupied by an individual having a BA degree in Psychology, found not a professional position.
Rock County (13131) 11/74
M163 EMPLOYES FOUND TO BE PROFESSIONAL
M163.1 Social Services Employes
Deputy Welfare Director, although having no college training, found to have such knowledge and training to be deemed a professional employe.
City of Appleton (11784) 4/73
Degreed social workers are deemed professional employes within the meaning of MERA.
Brown County (12381) 1/74; Rock County (13131) 11/74
New
M163.7 Medical Technologists
Medical Technologist, having degree, with a major in medical Technology, who runs tests as directed by physicians, and who is required to evaluate and to interpret the results thereof, thus requiring the exercise of independent judgment, found to be a professional employe.
Racine County (11218) 8/72
New
M163.8 Sanitarians
Environmentalists I and II, who are registered as Sanitarians by the State, and who are required to have specialized education and/or training, and who perform intellectual and varied work, found to be professional employes.
City of Appleton (11784) 4/73
M200 EVIDENCE
M210 BURDEN OF PROOF
M211 IN GENERAL
*M220 WEIGHT AND SUFFICIENCY
*M221 IN GENERAL
*M230 PRESUMPTIONS
*Cases appear in Vol. I of Digest only.
M200 EVIDENCE
M210 BURDEN OF PROOF
M211 IN GENERAL
Where collective bargaining agreement provided that employes may be discharged for cause, and the complaint alleged that the discharge of an employe was in violation thereof, the Employer must establish by a clear and satisfactory preponderance of the evidence that the discharge was for cause.
Abbotsford Jt. School District No. 1 (11202-A,B) 5/73
Complainant has the burden of proving that Respondent engaged in prohibited conduct, by a clear and satisfactory preponderance of the evidence.
City of Milwaukee (13093) 10/74; Sauk Prairie Schools (13141) 11/74
M300 INVESTIGATION AND CERTIFICATION OF
REPRESENTATIVES
M310 RAISING OF THE QUESTION CONCERNING
REPRESENTATION
*M311 DEMAND FOR RECOGNITION BY UNION
M312 NECESSITY OF SHOWING OF INTEREST IN SUPPORT OF PETITION
*M312.1 Original “No Showing of Interest” Policy
M312.2 “Wauwatosa” Policy
*M313 LACK OF QUESTION CONCERNING REPRESENTATION
M314 EFFECT OF VOLUNTARY RECOGNITION
New M315 PARTIAL ABANDONMENT OF REPRESENTATIVE STATUS
New M316 EFFECT OF COURT PROCEEDINGS
M320 BARS TO PROCEEDING
M321 EFFECT OF EXISTING ORDINANCES OR AGREEMENTS
*M321.1 Original Commission Policy
*M321.1.1 In General
*M321.1.2 Petition Found Not Timely Filed
*M321.1.3 Petition Found Timely Filed
*M321.2 “Wauwatosa” Policy
*M321.2.1 In General
*M321.2.2 Petition Found Timely Filed
M321.3 Modified “Wauwatosa” Policy
*M321.3.1 In General
*M321.3.2 Nature of Agreement
*M321.3.3 Effect of Schism
M321.3.4 Petition Found Not Timely Filed
M321.3.5 Petition Found Timely Filed
m322 EFFECT OF PREVIOUS CERTIFICATION
M323 EFFECT OF IMPROPER EXISTING UNIT
M324 EFFECT OF FACT FINDING PROCEEDING
M324.1 Petition Filed Prior to Issuance of Recommendations
*M324.2 Petition Filed Subsequent to Fact Finder’s Recommendation
New M325 EFFECT OF JURISDICTIONAL DISPUTE
New M326 EFFECT OF PENDING COMPLAINT PROCEEDING
New M327 EFFECT OF PENDING COURT ACTION
M330 ELIGIBILITY TO PARTICIPATE IN ELECTION
M331 EMPLOYES LACKING REGULAR FULL TIME STATUS
M331.1 Casual Employes
M331.2 Temporary Employes
m331.3 Seasonal Employes
*Cases appear in Vol. I of Digest only.
M331.4 Probationary Employes
M331.5 Part Time Employes
New M331.6 Transitory Employes
New M331.7 Newly Hired Employes
New M331.8 Terminated Employes
M322 EMPLOYES ON LEAVE OF ABSENCE
*M333 TEACHER CONTRACT EMPLOYMENT
M334 EMPLOYES CLAIMED CONFIDENTIAL
M334.1 Employes Found Not Confidential
M334.2 Employes Found Confidential
M335 EMPLOYES CLAIMED SUPERVISORY
M335.1 General City Hall Employes
M335.2 General Court House Employes
M335.3 General Village Hall Employes
*M335.4 Farm Employes
M335.5 Fire Department
*M335.6 Health Department
M335.7 Highway Department
M335.8 Hospital, Home or Sanitarium
M335.8.1 Non-Professional Supervisory Positions
M335.8.2 Non-Professional Non-Supervisory Positions
*M335.8.3 Professional Employes
M335.9 Museum
M335.10 Park Employes
M335.11 Police Department
*M335.12 Public Works Employes
*M335.13 Reproduction Department
M335.14 School Employes
M335.14.1 Cafeteria Employes
M335.14.2 Custodial Employes
M335.14.3 Office and Clerical Employes (Formerly “Secretarial”)
M335.14.4 Professional Employes
M335.15 Sewerage Department Employes
M335.16 Street Department Employes
M335.17 Water Department Employes
*M335.18 Weed Commissioner
M335.19 Welfare Department/Social Service Department
*M335.20 Zoo
New M335.21 Sheriff Department
New M335.22 Libraries
New M335.22.1 Professional Employes
New M335.22.2 Non-Professional Employes
New M335.23 Surveying Department
New M335.24 County Forest
M336 EFFECT OF STIPULATION TO EXCLUDE EMPLOYES FROM UNIT
New M337 EMPLOYES CLAIMED MANAGERIAL
New M337.1 City Employment
New M337.2 County Employment
New M337.3 School Employment
*Cases appear in Vol. I of Digest only.
M340 UNIT APPROPRIATE FOR COLLECTIVE BARGAINING
*M341 STATUTORY LIMITATION ON COMMISSION’S POWER TO DETERMINE
*M342 BARGAINING HISTORY
*M343 FACTORS CONSIDERED IN DETERMINING SEPARATE CRAFT, DIVISION OR DEPARTMENT
*M343.1 Craft or Professional Employes
*M343.1.1 Generally
*M343.1.2 Barbers and Beauticians
*M343.1.3 Carpenters
*M343.1.4 Chemists
*M343.1.5 Correction Officers
*M343.1.6 Electricians
*M343.1.7 Electronics Repair Technician
*m343.1.8 Engineers
*M343.1.9 Firefighters
*M343.1.10 Laboratory Technicians
*M343.1.11 Librarians
*m343.1.12 Nurses
*M343.1.13 Plumbers
*M343.1.14 Sanitariums
*M343.1.15 Sewerage Treatment Plant Operator
*M343.1.16 Steamfitters
*M343.2 Division or Department
*M343.2.1 Generally
*M343.2.2 Airport
*M343.2.3 Bureau of Municipal Equipment
*M343.2.4 Buildings and Grounds
*M343.2.5 City Assessor
*M343.2.6 City Hall
*M343.2.7 County Institutions
*M343.2.8 Fire Department
*M343.2.9 Health Department
*m343.2.10 Highway Department
*M343.2.11 Park and Recreation Department
*m343.2.12 Public Safety
*M343.2.13 Public Utility
*M343.2.14 Public Works
*m343.2.15 School Board (Non-Professionals)
*M343.2.16 School Board (Professionals)
*m343.2.17 Sheriff’s Department
*m343.2.18 Water and Light Department
*M343.2.19 Welfare Department
*M344 SIZE OF UNIT
(a) New M345 EFFECT OF STATUTORY CHANGE ON COMMISSION’S LIMITATION TO ESTABLISH APPROPRIATE UNIT
M345.1 Generally
M345.2 Effect of Stipulated Unit
M345.3 Craft and Professional Employe Units
*Cases appear in Vol. I of Digest only.
(a) Entire Section is New.
M345.4 City Employe Units
M345.4.1 Blue Collar Employes
M345.4.2 Office and Clerical Employes
M345.4.3 Hospital Employes
M345.4.4 Law Enforcement Personnel
M345.4.5 Utility Employes
M345.4.6 Miscellaneous
M345.5 County Employe Units
M345.5.1 Blue Collar Employes
M345.5.2 Clerical Employes
M345.5.3 Institutional Employes
M345.5.4 Social Service Employes
M345.5.5 Librarians
M345.5.6 Law Enforcement Personnel
M345.5.7 Court Employes
M345.6 Village Employe Units
M345.6.1 Blue Collar Employes
M345.7 School District Employe Units
M345.7.1 Non-Professional Employes
m345.7.2 Professional Employes
(a) New M346 SUPERVISORY LAW ENFORCEMENT AND FIREFIGHTER UNITS
M346.1 Generally
M346.2 Supervisory Law Enforcement Personnel
M346.3 Supervisory Firefighter Personnel
M350 ELECTION
M351 THE BALLOT
*M351.1 Form
M351.2 Void and Blank Ballots
*M351.3 Right to Appear on Ballot
M352 INTERFERENCE WITH ELECTION
M352.2 By Labor Organization
New M352.3 Physical Conduct of Election
*M360 DESIGNATION OF REPRESENTATIVE FOR CITY AND VILLAGE
POLICE OFFICERS, SHERIFF’S DEPUTIES
AND COUNTY TRAFFIC OFFICERS
*M361 IN GENERAL
*Cases appear in Vol. I of Digest only.
(a) Entire Section is New.
M300 INVESTIGATION AND CERTIFICATION OF REPRESENTATIVES
M310 RAISING OF THE QUESTION CONCERNING REPRESENTATION
M312 NECESSITY OF SHOWING OF INTEREST IN SUPPORT OF PETITION
M312.2 “Wauwatosa” Policy
Where there exists no certified or recognized bargaining representative, no showing of interest is necessary, either by petitioning or intervening organization.
Two Rivers Municipal Hospital (11513) 1/73; Algoma Memorial Hospital (11801) 4/73
The Commission is not absolutely bound to apply the showing of interest rule in every case. Factors considered may include substantial in-crease in the unit, as well as number of employes voting in the previous election.
Milwaukee Board of School Directors (11165) 7/72
Where the Commission has certified separate appropriate units and the employer and the union thereafter combined said units in a single unit, the Commission, for a second election, will not require a 30% showing of interest for the combined unit, but rather will only require a 30% showing of interest among employes in units which may be appropriate.
City of Racine (12918) 8/74
M314 EFFECT OF VOLUNTARY RECOGNITION
Commission dismissed election petition where during the hearing the municipal employer agreed to grant recognition to petitioning organization.
Village of Greendale (11214) 8/72
New
M315 PARTIAL ABANDONMENT OF REPRESENTATIVE STATUS
Where Union and Employer entered into a collective bargaining agreement covering certain employes and excluding others, the latter who were included in a previous certification of representatives, the Commission concluded that the Union had abandoned its representative status with respect to those employes included in the unit certified, but not as to those included in the unit covered by the collective bargaining agreement.
Portage County (11308) 9/72
New
M316 EFFECT OF COURT PROCEEDINGS
Where identity of teachers who would be eligible to vote in election, as a result of court proceedings to determine status of a substantial number of teachers as employes, Commission dismissed petition for election, without prejudice to refiling same at such time as the employment status of such individuals has been established.
Hortonville Jt. School Dist. No. 1 (12823) 6/74
M320 BARS TO PROCEEDING
M321 EFFECT OF EXISTING ORDINANCE OR AGREEMENT
M321.3 Modified “Wauwatosa” Policy
Where there presently exists a collective bargaining agreement, resolution or ordinance covering the wages, hours and conditions of employment of employes in an appropriate collective bargaining unit, a petition requesting an election among said employes must be filed within the 60-day period prior to the date reflected in said agreement, resolution or ordinance for the commencement of negotiations for changes in wages, hours and working conditions of the employes in the unit covered thereby unless the period of negotiations as set forth therein extends beyond six months prior to the budgetary deadline date of the municipal employer involved. In the latter event, petitions for elections will be entertained by the Commission if they are filed in good faith within sixty days prior to such six-month period.
Waukesha Voc. Dist. No. 8 (11076) 6/72; Outagamie County (11923) 6/73
In the event the Board conducts an election during the term of an ordinance or a collective bargaining agreement and the employes select a representative other than the one previously recognized in the ordinance or agreement, the representative so selected normally will be obligated to enforce and administer the substantive provisions therein inuring to the benefit of the employes covered by the ordinance or agreement. Any provision which runs to the benefit of the former bargaining agent normally will be considered extinguished and unenforceable.
Merton Jt. School Dist. No. 9 (12828) 6/74
M321.3.4 Petition Found Not Timely Filed
Petition filed after contract re-opening date found not timely filed.
Green County (10720) 1/72
Petition, filed approximately five months following previous election, dismissed as being untimely filed.
Milwaukee Technical Institute (11755) 4/73
Petition, filed approximately six months prior to re-opening date set forth in collective bargaining agreement, held not timely filed.
North Lake Jt. School Dist. No. 7 (12829) 6/74
M321.3.5 Petition Found Timely Filed
Where collective bargaining agreement had been extended by the employer, pursuant to its terms, for an additional seven-month period, said agreement did not constitute a bar to an election involving employes in a combined unit, a portion of whom were covered by said agreement. However, the Commission held that the election results would have no effect on the continuation of said agreement until its termination date.
City of Menomonie (11023) 5/72
Where Commission directed an election sometime prior to expiration of agreement, such agreement would remain in effect until its termination date. If new organization is selected as the bargaining representative, it would be obligated to enforce and administer the substantive portions of the agreement and any provision which ran to the benefit of the former bargaining agent would be considered extinguished and unenforceable.
City of Green Bay (11201) 8/72
Where agreement provided it could be re-opened 60 days prior to its termination date or also by a notice given as early as 120 days prior to the termination date, a petition filed on a date between the 120 days and 60 days, in the absence of a notice to re-open, held timely filed.
Green County (11465) 12/72
The fact that County prematurely stated its intention to commence negotiations on a new agreement does not vitiate the re-opening date set forth in existing collective bargaining agreement for the purpose of determining whether the petition for a new election has been timely filed.
Green County (12151) 9/73
Where election petition was filed within sixty days prior to the date provided for the re-opening of the existing collective bargaining agreement, petition found to be timely filed.
Green County (12151) 9/73
Where existing agreement provided for re-opening of negotiations on September 2, and also that negotiations should commence on August 1, petition filed by rival organization on July 30 deemed to be timely filed.
City of Watertown (12179) 9/73
Collective bargaining agreement, which contains no provision setting forth the date on which said agreement may be re-opened for negotiations, held not a bar to a present election. However, such a determination does not void the existing agreement and, therefore, it will remain in effect until the end of its term, irrespective as to any change of representation.
Village of Grafton (12718) 5/74
Where incumbent organization representing law enforcement personnel failed to accept County’s final offer and did not file for final and binding arbitration, Commission found petition filed by rival organization two months after Municipal Employer suggested that incumbent organization proceed to arbitration to be timely filed, although incumbent organization accepted Municipal Employer’s offer after petition had been filed but prior to hearing thereon.
St. Croix County (13074) 10/74
M322 EFFECT OF PREVIOUS CERTIFICATION
The fact Union had been certified as the representative of employes in two separate units does not prevent said organization from seeking to combine the employes in one unit, and in seeking an election in said single unit.
City of Menomonie (11023) 5/72
Where, following certification, Union selected as the bargaining representative for a county-wide non-professional unit, and county excluded non-professional employes employed in Department of Social Services from unit described in collective bargaining agreement, Commission, on petition filed by rival organization more than three years following certification, determined that said non-professionals constituted an appropriate unit.
Pierce County (12316) 12/73
M323 EFFECT OF IMPROPER EXISTING UNIT
The Commission will not refuse to process a petition for lack of timeliness where petitioner seeks to establish a separate bargaining unit of craft or professional employes who were improperly included in an overall non-craft or non-professional unit of employes. Milwaukee County (11685) 3/73; City of Appleton (11784) 4/73
M324 EFFECT OF FACT FINDING PROCEEDING
M324.1 Petition Filed Prior to Issuance of Recommendations
Petition for election filed by rival union during pendency of proceeding before fact finder involving incumbent union not held timely filed.
La Crosse County (12931) 8/74
New
M325 EFFECT OF JURISDICTIONAL DISPUTE
Commission declined to hold election proceeding in abeyance because of jurisdictional dispute between two labor organizations.
Green Bay Jt. School District No. 1 (11200) 8/72
New
M326 EFFECT OF PENDING COMPLAINT PROCEEDING
Commission held election petition filed by rival organization in abeyance pending the disposition of a complaint proceeding alleging municipal employer committed a prohibited practice with respect to activity involving president of incumbent representative.
City of Milwaukee (13099) 10/74
New
M327 EFFECT OF PENDING COURT ACTION
The Commission will not automatically defer action on an election petition merely because a Court case, which might have some impact on voter eligibility, has not been finally decided on appeal, if any. Such a rule could cause unwarranted delays in such proceedings. Each case will have to be evaluated on its merits and in the absence of persuasive reasons the Commission will normally proceed on the election petition.
Hortonville Jt. School Dist. No. 1 (13076-A) 11/74
Where outcome of court proceedings could have a dramatic impact on eligibility of individuals to participate in election, Commission deferred proceeding on election petition until such time as said court proceedings were determinative of such issue.
Hortonville Jt. School Dist. No. 1 (13076-A) 11/74
M330 ELIGIBILITY TO PARTICIPATE IN ELECTION
M331 EMPLOYES LACKING REGULAR FULL TIME STATUS
M331.1 Casual Employes
Substitute teachers who teach on a casual basis were excluded from unit of teachers.
Bloomer Jt. School Dist. No. 1 (10820) 3/72
Relief personnel employed on a “call-in” basis found to be casual employes and thus excluded from unit of county institutional employes.
Richland County (11484) 12/72
Part time police officers, who work at their own convenience, held to be casual employes, and therefore not included in village law enforcement unit.
Village of Niagara (12466) 1/74
Although village Marshall performed duties similar to police officers employed by village, Commission rejected stipulation which would include Marshall in law enforcement unit, since such inclusion would result in non-supervised law personnel.
Village of Niagara (12466) 1/74
Short-term and long-term substitute teachers found to be casual employes and therefore excluded from teacher unit.
Greendale Board of Education (12611) 4/74
Building Inspector, who works on call, and casual non-professional library employes excluded from eligibles in city-wide unit.
City of Brillion (12015) 8/74
M331.2 Temporary Employes
Where individuals were temporarily in “make work” positions in order to qualify for financial assistance from the County, over and above minimum
wages received for services performed by the individuals occupying same, Commission concluded that said individuals were not to be included in any existing or separate unit.
Milwaukee County (11411) 11/72 (Aff. Dane Co. Cir. Ct., 6/73)
Limited term employes with no expectancy of continued employment determined to be temporary employes, and therefore not eligible to participate in election.
Pierce County (12316) 12/73
M331.3 Seasonal Employes
In the absence of evidence establishing that seasonal employes had a reasonable expectation of being re-employed the following season, said seasonal employes held not eligible to vote.
City of Edgerton (11340) 10/72
Seasonal employes, who work for a substantial period during year and who have expectancy to return to active employment the following year, are eligible to participate in election.
City of Wauwatosa (11633) 2/73
M331.4 Probationary Employes
Probationary employes are eligible to participate in election where they have a reasonable expectancy to remain in employment and become regular employes.
City of Monroe (11580) 2/73
M331.5 Part Time Employes
Employes who are regularly employed on a part time basis have a definite interest in wages, hours and conditions of employment and therefore are eligible to participate in an election with full time employes.
Manitowoc County (10899) 3/72
Students employed on a regular part time basis, regardless of hours worked, are eligible to participate in election.
Manitowoc County (10899) 3/72; City of Edgerton (11340) 10/72
Regardless of number of hours taught, regular part time teachers are eligible to participate in election in a unit consisting of all regular full time and regular part time teachers.
Waukesha Voc. District No. 8 (11076) 6/72
Commission accepted stipulation of parties to exclude part time employes employed in county institutions who work less than 20 hours per week, where said employes were similar to casual or temporary employes.
Columbia County (11068) 6/72
Relief Patrolman, working a regular part time schedule on weekends, and who works during vacations or illness of other officers, included in unit of regular full time and regular part time police officers.
City of Kewaunee (11133) 7/72
Bus Aides and Noon Hour Supervisors, who are employed on a regular part time basis, were included in unit with regular full time aides.
Kenosha School Dist. No. 1 (11293) 9/72
Relief Nurse Assistant, who works from 8 to 16 hours per week, found to be a part time rather than a casual employe.
Richland County (11484) 10/72
Where unit was limited to teachers who taught more than fifty percent of a full teaching load, teachers who taught less than such time excluded from said unit.
Northeast Technical Institute (11602) 2/73
Where unit was limited to teachers who taught more than a full teaching load, teacher, who taught less than said teaching load, but who was expected to assume more than such a load the following semester, held to be included in unit.
Northeast Technical Institute (11602) 2/73
Home Care Nurses, who work on an average of twenty hours per week, included in unit of nurses.
Shawano County (12310) 12/73
The fact that part time officers may on infrequent occasions turn down assignments, Commission included said part-time officers in unit of full time officers because of substantial number of hours worked by them during the year.
Village of Niagara (12446-A) 5/74
The receipt of Social Security benefits by a regular part time employe is not sufficient basis to exclude said employe from bargaining unit.
City of Brillion (12915) 8/74
The fact that certain part time positions were not presently filled did not warrant the removal of such petitions from certified unit.
Kenosha Unified School Dist. No. 1 (11293-B) 9/74
Fact that certain part time employes refused to join bargaining representative did not constitute a valid basis for excluding such employes from a previously established unit.
Kenosha Unified School Dist. No. 1 (11293-B) 9/74
New
M331.6 Transitory Employes
Individuals, who are not in regular employment of school board as teachers, who teach music on Saturday mornings excluded from teachers unit as transitory employes.
Milwaukee Board of School Directors (11820) 8/73
New
M331.7 Newly Hired Employes
During pendency of election proceeding, where newly elected sheriff non-discriminatorily terminated certain employes and replaced them with newly hired employes, terminated employes held not eligible to vote, while newly hired employes were deemed eligible.
Menomonee County (11905) 6/73
New
M331.8 Terminated Employes
Employes who are properly terminated prior to conduct of balloting, not eligible to vote.
Juneau County (12814) 8/74
M332 EMPLOYES ON LEAVE OF ABSENCE
Regular employes on leave of absence are eligible to vote.
Lakeside School Dist. No. 7 (11802) 4/73
M334 EMPLOYES CLAIMED CONFIDENTIAL
M334.1 Employes Found Not Confidential
Assistant Secretary to Library Director, who spends a de minimus of her time in duties pertaining to confidential labor relation matters, and who “might” overhear confidential conversation relating to labor relations, and who has access to files containing grievances, found not to be confidential employe, where an Administrative Assistant was excluded as a confidential position.
Eau Claire Library (10789) 2/72
Health Department Clerk, who has no access to any records or information with respect to negotiations or grievances, deemed not a confidential employes.
Village of Greendale (11019) 5/72
Payroll Clerk Trainee found not to perform confidential duties, and therefore included in clerical unit.
Menomonee Falls Jt. School Dist. No. 1 (11669) 3/73
Nature and extent of confidential matters to which Secretary to Director of Elementary Education was privy held insufficient to justify exclusion of said position from clerical unit as a confidential employe.
Menomonee Falls Jt. School Dist. No. 1 (11169) 3/73
Deputy City Treasurer, who works on the City budget, but who is not a member of the City’s negotiating team and is not involved in the negotiating process, except on a de minimus basis, found not to be a confidential employe.
City of Superior (31758) 4/73
Receptionist-Secretary, who performs some secretarial duties to School Board Business Manager, but who is primarily responsible for relaying telephone calls and directing visitors, and who has no access or knowledge of confidential matters concerning labor relations, found not to be a confidential employe.
Adams-Friendship Area Schools (11881) 5/73
Possibility that clerical employe may be assigned confidential duties is not a basis for excluding said employe from unit.
Outagamie County (11923) 6/73
Officer Manager employed as the only employe in County Zoning Administrator’s office, with the exception of the Administrator, who has access to confidential records concerning zoning request, sewer systems, and other data which may affect property values, but who has no access to records pertaining to labor relations matters, determined not to be a confidential employe.
St. Croix County (11930-A) 6/73
Mere vesting of some minor confidential functions in an employe, where other confidential employes are available, cannot be considered to establish that said employe should be excluded from unit as a confidential employe.
Menomonee Falls Jt. School Dist. No. 1 (11669) 3/73; Cudahy Board of Education (12087) 8/73
Curriculum Secretary, who types School Board’s initial proposals for bargaining, and a summary of the status of negotiations, copies of which are distributed to the Union, but who has no access to confidential personnel files, found not to constitute a confidential employe.
Cudahy Board of Education (12087) 8/73
Payroll Clerk, who only occasionally fills in for confidential secretary, held not to be a confidential employe.
Cudahy Board of Education (12087) 8/73,
Milwaukee County (11382-D) 9/74
Registrar in Probate/Probate Registrar found not to perform confidential duties so as to be excluded from unit.
Oneida County (12247) 11/73
Providing Assistant Principals with memos concerning teacher labor negotiations held insufficient to warrant the conclusions that said principals are confidential employes.
Watertown Unified School Dist. No. 1 (12166-A) 3/74
Bookkeeper-Secretary of County institution, who has access to payroll and personnel records, but who is not privy to matters concerning employes or bargaining strategy, held not to be a confidential employe.
Juneau County (12814) 5/74
Accountant Clerk, who has no access to confidential labor relations matters, included in Highway Department unit.
Jefferson County (13038) 9/74
Employes, who have access to confidential files, but who are not privy to management decisions with respect to personnel or labor policies, are not considered confidential employes.
Milwaukee County (11382-D) 9/74
M334.2 Employes Found Confidential
An employes confidential status is determined by said individual’s access to, or participation in, confidential matters relating to labor relations.
City of Milwaukee (11971) 7/73; Juneau County (12814) 5/74
Private Secretary, who is privy to confidential personnel and bar-gaining matters, found to be a confidential employe.
Village of Greendale (11019) 5/72; Appleton Water Dept. (13130) 10/74
Deputy County Clerk, who types minutes of collective bargaining positions of county and who is privy to confidential bargaining matters, found to be a confidential employe.
Calumet County (11158) 7/72
As a result of reorganization, former “Library Assistant II” reclassified as a “Confidential Extension Secretary to the Head of Extension Services”, to latter to whom labor relations responsibilities were assigned, excluded from unit as a confidential employe.
City of Oshkosh (11073-A) 8/72
Secretary for Business Services and Secretary for Payroll Services, who perform secretarial duties involving matters privy to collective bargaining data and therefore excluded from clerical unit as confidential employes.
Menasha Jt. School District No. 1 (11256) 8/72
Secretaries to Assistant Directors found to perform such confidential duties so as to be excluded from unit.
Waukesha Voc. Dist. No. 8 (10489) 11/72
Secretary to Head Librarian found to perform tasks and duties so as to constitute a confidential employe.
City of Wauwatosa (11547) 1/73
Secretaries to School Superintendent and Director of Business Service found to perform such confidential duties so as to be excluded from clerical unit.
Menomonee Falls Jt. School Dist. No. 1 (11169) 3/73
District Bookkeeper, as well as Payroll Clerk, found to be confidential employes, as a result of functions related to labor relations matters.
Menomonee Falls Jt. School District No. 1 (11169) 3/73
Personnel Secretaries I and II, employed in City Personnel Department, excluded from unit as confidential employes because of their privy to confidential matters relating to collective bargaining.
City of Fond du Lac (11601-A) 4/73
Bookkeeper I, employed in Highway Department, who is privy to collective bargaining matters and who is the only confidential employe in the County, excluded from Court House unit.
Rusk County (11768) 4/73
Secretary to School Superintendent, who serves as a bookkeeper and secretary to Board of Education, and has access to all personnel records, found to be a confidential employe.
Adams-Friendship Area Schools (11881) 8/73
Administrative Secretary, who acts as Secretary to Superintendent of Schools, found to perform confidential duties.
Cudahy Board of Education (12087) 8/73
Administrative Assistant in Highway Department Office, who types bargaining proposals and notes for the department head, determined to be a confidential employe.
Columbia County (12218) 10/73
Account Clerk in Highway Department, who acts as secretary to Highway Com-missioner and who is privy to confidential labor relations matters, included in general court house unit.
Shawano County (12310) 12/73
M335 EMPLOYES CLAIMED SUPERVISORY
M335.1 General City Hall Employes
Deputy City Officers found not to perform supervisory functions.
City of Kiel (11368) 10/72; City of Manitowoc (12403) 1/74
Assistant to City Assessor, who “supervises” a part time field employe, and who exercises some supervisory authority of two clerical employes, all of whom are supervised by the City Assessor, found not to be a supervisor.
City of Oak Creek (10890) 3/72
Deputy City Treasurer, who has no authority to effectively recommend hiring, promotion, transfer, discipline or discharge of employes, who acts as a “leadman” with regard to activity of six employes, found not to be a supervisor.
City of Superior (10758) 4/73
Information and Referral Service Manager, employed by advisory Committee on Aging, who is responsible for setting up and maintaining a community re-source file, recruiting and training a volunteer staff, providing information to the public, responding to the Director of said Committee with regard to operation of service, found not to be supervisor.
City of Manitowoc (12403) 1/74
M335.2 General Court House Employes
Food Service Supervisor and Jail Matrons do not perform such supervisory duties to be excluded from unit of court house employes.
Rock County (10895) 3/72
Deputies to elected county officers, who exercise only limited supervision, determined not to occupy supervisory positions.
Columbia County (12218) 10/73
Maintenance Engineer, who functions as a skilled technician, although having some supervisory authority, found to be a working foreman and therefore included in general Court House unit.
Dunn County (12093-A) 11/73
Register in Probate and Deputy Register in Probate found to perform duties insufficient to establish such positions as supervisory.
St. Croix County (12423-A) 4/74
Head Custodian, who spends a majority of his time performing unit work and routinely assigns work to other custodial employes, and who does not effectively recommend hiring, discharge or discipline of employes, found to be a working foreman.
Oneida County (12904) 8/74
Legal Coordinator in District Attorney’s office found to be a supervisor because of duties in overseeing work of criminal division legal staff often employes, assigning work, scheduling vacations, and effectively recommends discipline.
Dane County (11482-C) 8/74
M335.3 General Village Hall Employes
Individual, who ordinarily occupies position of Deputy Clerk Treasurer, and who is temporarily acting as Clerk Treasurer, deemed eligible to vote in clerical unit.
Village of Greendale (11019) 5/72
Highway Department Superintendent, who spends a majority of time performing supervisory duties, excluded from village “blue collar” unit, while Superintendents of Sanitation and Utility Departments, who spend a majority of their time performing unit work, included in same unit.
Village of Germantown (12315) 12/73
M335.5 Fire Department
Fire Captains, who man various shifts at stations, are employes, and not supervisors, within the meaning of Sec. 111.70(1)(o)2 of MERA.
City of Wauwatosa (10956-A) 6/72; City of Waukesha (11342) 11/72; City of Milwaukee (10835-A) 12/72
Lieutenant and Fire Inspector in Fire Inspection Bureau, who inspect installations as to compliance with fire regulations, and who engage in public relations, found neither supervisory nor managerial, and therefore included in firefighter unit.
City of Waukesha (11342) 11/72
Captains at main station included in firefighter unit, since personnel occupying the rank of captain “command” such station, while at outlying stations Lieutenants who are the commanding officers of said stations are also included in said unit.
City of Janesville (12460-A) 5/74
Where Lieutenants are in charge of three outlying fire stations, and where Captain is in charge of main station, said officers are not supervisors within the meaning of Sec. 111.70(1)(o)2, however, Deputy Chief Arson Investigation and Fire Prevention Bureau, a rank higher than captain, held to be a supervisory position.
City of Beloit (12606-B) 11/74
M335.7 Highway Department
Crusher Foreman, Loader Foreman, and Bridge Foreman found to perform such supervisory duties so as to be excluded from unit of highway department employes.
St. Croix County (11251) 8/72
Welding Foreman found to be a “leadman” rather than a supervisor.
St. Croix County (11251) 8/72
Highway Department Secretary, who assigns work to five clerical employes, and who has authority to discipline and may effectively recommend discharge of said employes, found to be a supervisor.
Outagamie County (11923) 6/73
Shop Foreman, Crusher Foreman, Grader Foreman and two general Foremen found to have such responsibilities and duties so as to constitute supervisors.
Clark County (11931) 6/73
The fact that County voluntarily bargained wages, hours and working conditions for Highway Crew Foremen did not warrant their inclusion in unit, where such foremen have the power to effectively recommend hiring, promoting, assigning, rewarding and disciplining employes.
Outagamie County (11789-A) 7/73
M335.8 Hospital, Home or Sanitarium
M335.8.1 Non-Professional Supervisory Positions
Two licensed Practical Nurses on staff of county hospital, who interchange duties with Registered Nurses, found to perform duties
St. Croix County (11179) 7/72
Voluntary coordinator, who only supervises volunteers not in the employ of the county, found not a supervisor.
St. Croix County (11179) 7/72
Food Service Manager, who spend all of her time supervising employes and managing Food Service Department, and who has authority to effectively recommend the hiring and discharging of employes, determined to be a supervisor within the meaning of Sec. 111.70(1)(o).
Racine County (11218) 8/72
Building Maintenance Engineer II, Head Housekeeper, and Laundry Supervisor, who spend 70% of their time in supervising employes, and who are responsible for the major segment of the operations of their respective departments, found to be supervisory and managerial employes, and therefore excluded from unit.
Racine County (11218) 8/72
Food Service Supervisor and Head Housekeeper, who supervise employes and who do not spend any significant time in performing duties performed by employes under their supervision, determined to be supervisors.
Monroe County (11913) 6/73
Food Services Supervisor, Maintenance supervisors and Executive Housekeeping Supervisor, who were originally included in units in 1966, who duties materially changed thereafter, with regard to supervisory responsibilities, excluded from unit.
Douglas County (12016) 7/73
M335.8.2 Non-Professional Non-Supervisory Positions
Licensed Practical Nurses found to perform insufficient “supervisory” duties so as to be excluded from unit as supervisors,
Fond du Lac County (10579-A) (10628-A) 1/72; Juneau County (12814) 5/74
Supervisor of Aides, Kitchen Supervisor, and Laundry Supervisor, having the authority to evaluate employes, to assign overtime, to grant release time, to impose discipline, and who receive substantial differences in wages over employes reporting to them, found to be supervisors.
Columbia County (11068) 6/72
Cook II and Laundry Supervisor found not to constitute supervisory employes, since they exercised no supervisory functions, but rather deemed employes, as lead workers.
Monroe County (11913) 6/73
Head Cook-Dietary Supervisor, who performs some supervisory functions, but who spends a majority of time in preparing meals and other work similar to other employes, found to be a “working foreman” and included in unit.
Juneau County (12814) 5/74
Activity Aide, who is primarily engaged in supervising an activity, as opposed to direct supervision of employes, considered not a supervisory employe within the meaning of Sec. 111.70(1)(o).
Juneau County (12814) 5/74
M335.9 Museum
Director of Museum performed such supervisory duties so as to be excluded from unit.
City of Kenosha (11358) 11/72
M335.10 Park Employes
Assistant Superintendent of Cemetery and Parks, who supervises thirty regular employes and as many as forty-four temporary employes, and who has effectively hired, transferred, and disciplined temporary employes, and who has the authority to recommend discharge, discipline and promotions of full time employes, found to be a supervisor.
City of Manitowoc (11069) 6/72
M335.11 Police Department
Radio Operators and Fire Engineers, who also operate Police Department radio, who wear Fire Department uniforms and who report to the Fire Chief, not included in unit of police officers.
City of Sparta (10709) 1/72
Lieutenants of Police Safety Department found to be supervisors, while Sergeants, who exercise little independent judgment in whatever supervision they perform, held not supervisory.
Village of River Hills (10972) 4/72
Where parties stipulated to supervisory status of Sergeants in Police Department, and evidence disclosed their duties were sufficiently supervisory in nature, Commission excluded Sergeants from unit of police officers.
Village of Whitefish Bay (11045) 6/72
Commission accepted stipulation that Detective Sergeant performed supervisory duties, where evidence indicated that Detective Sergeant assigns cases, directs employes, recommends promotions, and reprimands employes.
Village of Greendale (11214) 8/72
Patrol Sergeants found not to have sufficient supervisory duties so as to be excluded from law enforcement unit. Their Lieutenant schedules officers, imposes discipline, adjusts grievances and transfers officers. By contrast Sergeants patrol in squad cars, handle routine police cases, patrol traffic and have little or no authority in areas over which the Lieutenant has authority.
Village of Greendale (11214) 8/72
Administrative Sergeant, also known as “Administrative Assistant to the Chief”, who has no significant managerial or executive authority, or who has no access to confidential data relating to labor relations policies, included in law enforcement unit.
Village of Greendale (11214) 8/72
Non-deputized Radio Operators excluded from unit of police officers.
City of Kiel (11368) 10/72
Where officers of Police Department consisted of a Chief, a Lieutenant, a Sergeant, two Corporals and a Patrolman, Commission found that the Chief was the only supervisor in the department. Evidence disclosed that remaining ranks performed similar duties.
City of Kiel (11368) 10/72
Policewoman, who is uniformed and who has the power of arrest, although performing clerical duties, included in unit of police officers.
City of Hudson (11470) 12/72
Patrol Sergeant, as the commanding officer on his shift, found to perform such supervisory duties, so as to be excluded from police unit.
City of Hudson (11470) 12/72
Police Department Sergeants and Detective Supervisors were found not to have been vested with sufficient supervisory authority so as to require their exclusion from law enforcement unit, while Lieutenants were found to have sufficient supervisory responsibilities to warrant their exclusion.
City of Madison (11087-A) 12/72
Sergeants employed in Public Safety Department found to perform insufficient supervisory duties so as to be excluded from rank and file unit of law enforcement personnel.
Village of Bayside (11514) 1/73
Shift Sergeant’s assignment and transfer duties found to be routine in nature, and therefore said position found not to be supervisory.
City of Monroe (11580) 2/73
Desk Sergeants found not to perform duties with responsibilities so as to constitute supervisors, while Jail Sergeant, who is responsible for complete operation of the jail, determined to be a supervisor.
Racine County (11257-A) 5/73
Chief Document Examiner and Detective determined not to constitute supervisor law enforcement personnel.
City of Milwaukee (11971) 7/73
Where Police Captains are (1) responsible to the Chief for the entire operation of their respective bureaus, (2) prepare the budgets for their bureaus and are responsible for the direction thereof (3) serve as shift commanders, directly responsible for the proper performance of the personnel working on their shift, and they seldom leave their station to perform routine police work, (4) establish work and vacation schedules, (5) file with the Chief formal evaluations of the fitness and work performance of each officer in their bureau, or at least of each officer on their shift, and some of them form part of a team which conducts oral examinations of candidates for promotion and report the results thereof, and (6) where the Chief relies upon the evaluations and examination results in making promotional decisions, such Captains found to be supervisors under the Act.
City of West Allis (12020) 7/73
Detective Sergeants and Sergeants found not to be supervisors, despite the fact that they are so identified in the Police Department’s rule book and despite the fact that they attend monthly meetings with the Chief and other supervisory officers, since they perform insufficient supervisory duties.
City of West Allis (12020) 7/73
Line Sergeants and Record Sergeant found to exercise sufficient authority and to perform duties sufficiently differentiated from those of the police officers and civilian employes to justify their exclusion from officer unit.
City of Janesville (12371-A) 5/74
M335.14 School Employes
M335.14.1 Cafeteria Employes
Although Head Cook and Head Bus Driver spend a considerable portion of their time performing duties similar to those performed by other cooks and bus drivers, were insufficient to justify their exclusion from unit of non-certified school personnel.
Gibraltar Board of Education (11339) 10/72
Head Cook, Head Baker, Head Salad Cook, and Satellite Manager, who are primarily responsible for the preparation and service of food, found not to be supervisory employes.
Madison Jt. School Dist. No. 8 (11773-A) 8/73
M335.14.2 Custodial Employes
Where Assistant Maintenance Supervisor’s day to day work includes little or no supervisory duties or responsibilities, position held non-supervisory within meaning of Sec. 111.70(1)(o)1.
Monona Jt. School Dist. No. 4 (10588-A) 1/72
Custodians II, III, and IV, who perform “supervisory” functions on a very limited basis, who have no authority to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline employes, and who perform housekeeping and maintenance duties, found to be working foremen and not supervisors.
Greenfield School Dist. No. 6 (10788) 2/72
Custodian V at high school, who spends a majority of his time checking work performance of thirteen employes found to be a supervisor and not included in a unit of maintenance and custodial employes.
Greenfield School Dist. No. 6 (10788) 2/72
Head Maintenance Man, who spends 75% of his time in supervising employes, and is assisting Business Manager in preparing budget requests for maintenance requirements, determined to be a supervisor.
Greenfield School Dist. No. 6 (10788) 2/72
Head Custodian and Head Night Custodian at high school found to be supervisors on the basis of their supervisory functions, the number of employes working under their direction, and the time spent in such supervision. Head Custodians at middle and elementary schools found not supervisory on the basis of the time spend in performing unit work as working foremen.
Whitnall Jt. School Dist. No. 3 (10896) 3/72
While “Chief Maintenance Man” spends 75% of his time performing bargaining unit work and only 25% of his time in supervising and on managerial duties, Commission excluded position from unit since individual occupying same was the only supervisor directing work of custodial employes, except for the Administrator of the school district.
North Fond du Lac Jt. School Dist. No. 11 (11182) 7/72
Where Head Custodian spends a majority of his time performing unit work, and his assignment of tasks to custodial employes is routine, and where his major non-routine work is performed with the approval of central administration, Head Custodian found to be a working foreman, and included in the unit.
Lake Geneva Jt. School Dist. No. 1 (11688) 3/73; Wautoma Jt. School Dist. No. 1 (12300) 11/73
High School Working Foreman, who spends a majority of his time performing custodial duties, and who has only limited supervisory authority, found not to be a supervisor.
Menomonee School Dist. No. 1 (11902) 5/73
M335.14.3 Office and Clerical Employes
Secretaries to high school principals, who direct and supervise clerical employes, and who can effectively recommend hiring, discipline, suspension and discharge, found to be supervisors, and therefore excluded from clerical unit.
Menomonee Falls Jt. School Dist. No. 1 (11669) 3/73
Chief of Clerical Services found to perform insufficient supervisory duties to warrant exclusion from clerical unit.
Eau Claire Technical Institute (11683) 3/73
M335.14.4 Professional Employe
Guidance Counselors, who perform no supervisory or managerial duties, included in unit of teachers. Multi-Media Coordinator, however excluded from unit on basis of managerial functions.
Whitefish Bay Schools (10799) 2/72
Elementary Head Librarian, Music Coordinator, Social Work chairman, Speech Department Chairman, two Co-Principals and one Elementary Assistant Principal found to perform such supervisory duties so as to be excluded from unit of teachers. K-12 Athletic Director and the Director of School Forests found to perform supervisory and managerial duties, however, Secondary Head Librarians, Middle school Department Chairman, and High School Department Chairman found not to perform either supervisory or managerial duties.
Wausau Jt. School Dist. No. 1 (10731-A) 4/72
Where Department Chairmen merely act as sources of information and opinion as to hiring of instructional staff and do not make effective recommendations concerning hiring, or have effective authority relating to discipline and assignments, and where they receive no additional compensation for non-teaching duties and spend an average of 50% of their time in teaching duties, Commission concluded that Department Chairmen do not exercise sufficient independent authority over instructional staff to permit their exclusion from unit as supervisor.
Waukesha Voc. Dist. No. 8 (11076) 6/72
Where Coordinators have the authority to recruit, hire and terminate instructors in their programs, and assign and direct work of instructors, Commission found Coordinators to be supervisors.
Waukesha Voc. Dist. No. 8 (11076) 6/72
Where certified unit consisting of teaching personnel “teaching at least 50% of a full teaching schedule”, Commission, in a ruling clarifying unit, determined that time spent in both day and evening teacher duties are to be included in determining whether any particular teacher spends at least 50% of his or her time of a full teaching schedule.
Milwaukee Voc. Dist. No. 9 (10518-A) 7/72
Duties proposed for Administrative Assistant-Counselor were not sufficiently supervisory in nature so as to exclude the occupants thereof from unit.
Green Bay Jt. School Dist. No. 1 (11849) 5/73
Building Supervisors, who spend a majority of their time performing teaching and related duties, and whose “supervisory” duties are clerical in nature, included in unit of certified teachers.
Stanley-Boyd Jt. School Dist. No. 4 (11589-A) 7/73
Librarian, whose primary duties consists of the exercise of expert knowledge of library science as opposed to the supervision of employes, found to have a sufficient community of interest so as to be included in teacher unit.
Stanley-Boyd Jt. School Dist. No. 4 (11589-A) 7/73
Middle School Principal, who spends at least half of his time in teaching duties, and who does not participate in the hiring or firing or assigning teachers, determined to be properly included in teacher unit.
Stanley-Boyd Jt. School Dist. No. 4 (11589-A) 7/73
Guidance Counselor, having the same educational background as classroom teachers and who are involved in the educational program included in teacher unit.
Stanley-Boyd Jt. School Dist. No. 4 (11587-A) 7/73; Blackhawk Tech. Institute (11726-A) 7/73
While Principal had certain administrative responsibilities and “leader” status, the fact that she spends six and one-half hours daily in teaching duties warranted said position to be included in unit,
Brown County Handicapped Children’s Ed. Bd. (12301) 11/73
Principals, who spend more than 50% of their time in teaching, and whose supervisory duties are minimal, included in teaching unit.
Menomonie Jt. School Dist. No. 1 (12241-A) 12/73
Audio Visual Aids Director, who performs functions directly related to education, included in teacher unit, despite the fact that he prepares the visual aids budget, since the latter function found insufficient to constitute the position as managerial.
Menomonie Jt. School Dist. No. 1 (12241-A) 12/73
Assistant Elementary Principals who spend the preponderance of their time in teaching duties and who do not exercise independent judgment or authority with regard to teachers, found not to be supervisory employes.
Watertown Unified School Dist. No. 1 (12166-A) 3/74
Assistant Athletic Director and Director of Guidance at high school found to have only minor supervisory duties and therefore included in teacher unit.
Menomonee Falls Joint School Dist. No. 1 (12516) 3/74
Director of Guidance Services, who is placed in charge of high school during short absences of the principal, possessed insufficient supervisory or managerial duties to justify exclusion from the unit.
Phillips Central Jt. School Dist. No. 1 (13110-A) 11/74
M335.15 Sewerage Department Employes
Chemist, who performs duties requiring a degree in chemistry, found to be a professional employe and therefore excluded from unit of non-professional employes, since said employe had not chosen in an election, held pursuant to Sec. 111.70(4)(d)2, to be included in non-professional unit.
City of Manitowoc (11069) 6/72
Assistant Sewerage Plant Superintendent, who assigns work to ten full time employes who may recommend discipline and discharge, and who resolves grievances, determined to be a supervisor.
City of Manitowoc (11069) 6/72
M335.16 Street Department Employes
While Street Superintendent does perform some supervisory duties, the majority of his time is spent in performing unit work, and therefore included in unit.
City of Brillion (12915) 8/74
M335.17 Water Department Employes
General Foreman of Water and Electric Department found to be a leadman rather than a supervisor, since he performs work performed by other employes and does not normally participate in decisions with respect to hiring and firing.
City of Jefferson (11039) 6/72
M335.19 Welfare Department/Social Service Department
“Supervision” of Surplus Commodity Distribution Program found to perform sufficient supervisory functions so as to be excluded from unit.
Wood County (10356-A) 10/71
Basic Services Supervisors and Supervisor I, who spend up to 95% of their time in making certain that employes are properly performing their work, assigning such work, evaluating the performance thereof and effectively recommend reclassification and retention or termination of employes, found “supervisors” within meaning of Sec. 111.70(1)(o).
Outagamie County (8768-B) 6/72; Dunn County (12093-A) 11/73
Legal Coordinator employed in Department of Social Services, who is responsible for office operation and who participates in hiring and the process of grievances, and who has the authority to assign, direct and schedule employes, found to be a supervisor.
Dane County (11482-C) 8/74
Assistance Case Work Supervisors and Financial Assistance Supervisors I who exercise judgments of competence of case workers and aides, and who have authority to materially affect promotions, discipline and competence of subordinates, determined to constitute supervisors. Milwaukee County (11382-D) 8/74
New
M335.21 Sheriff Department
Lieutenant of Police Patrol, whose daily work routine consists of primarily supervising work activity and administrative duties, and who makes no effective recommendations regarding hiring, discharging, promotion or adjustments of grievances, found not to be a supervisor.
Washington County (10845-A) 4/72
Sheriff’s Sergeant II, who as shift commander, schedules and deploy road patrols, supervise detectives, jail and communication personnel at Headquarters, who issue orders to deputies and recommend discipline, and who evaluate deputies, found to be supervisors, and therefore, excluded from unit.
Jefferson County (11082) 6/72
Undersheriff found to have insufficient duties so as to constitute a supervisor.
Sawyer County (12457) 1/74
New
M335.22 Libraries
New
M335.22.1 Professional Employes
Adult Services Librarian, Children’s Services Librarian, Reference Librarian, Children’s and Adult Catalogers, as well as Young Adult Librarian, found not to constitute supervisors.
City of Wauwatosa (11547) 1/73
Extension Librarian found to exercise such supervisory authority over two employes so as to be excluded from unit.
City of Stevens Point (12201) 10/73
Coordinator of Adult Services, Librarian in charge of Children’s Services and Librarian in charge of Extension Services found to have such authority and responsibility so as to constitute supervisors, while Reference Librarian and Librarians in charge of Branch Libraries found not to have supervisory responsibility.
Brown County (12381) 1/74
New
M335.22.2 Non-Professional Employes
Library Assistants II, employed in Circulation and Technical Service Departments, found not to perform supervisory duties.
City of Wauwatosa (11547) 1/73
New
M335.23 Surveying Department
County Surveyor found to perform supervisory duties.
Brown County (12381) 1/74
New
M335.24 County Forest
Assistant County Forest Administrator found to perform sufficient supervisory duties so as to be excluded from unit.
Oneida County (12904) 8/74
M336 EFFECT OF STIPULATION TO EXCLUDE EMPLOYES FROM UNIT
Where there is no basis for excluding otherwise eligible employes from the appropriate bargaining unit, the Commission will include said employes despite agreement of the parties to exclude them.
City of Brillion (12915) 8/74
New
M337 EMPLOYES CLAIMED MANAGERIAL
New
M337.1 City Employment
Housing Manager, whose primary responsibility for day to day management of public housing project, including relationship with management, determined to be a ‘managerial employe” and not an “employe” within the meaning of Sec. 111.70(1)(b).
City of Manitowoc (11069) 6/72
Adult Service Librarian, Children’s Services Librarian, Reference Librarian, Children’s and Adult Catalogers, Young Adult Librarian, and Library Assistants II, found not to constitute managerial personnel.
City of Wauwatosa (11547) 1/73
City Recreation Director, who is responsible for the management and operation of municipal golf course for six months of the year, and who, during the remaining six months, is responsible for city’s basketball and hockey programs, and the hiring of officials therefore, deemed to be a managerial employe, and therefore excluded from existing city-wide unit.
City of Superior (11758) 4/73
Manager of City landfill site, who is responsible directly to the Mayor, and who receives compensation on a departmental head level, prepares a budget draft, collects and records fees, and is responsible for regulating the landfill site, although he operates a bulldozer for most of the day, found to be a managerial employe, since he is in sole charge of a substantial operation.
City of Ashland (11860-A) 6/73
Manager of City Garage who does not participate in the formulation, determination or implementation of managerial policy, and who assigns work to one mechanic on a routine basis, found not to be a managerial employe.
City of New London (12170) 9/73
City Clerk-Treasurer excluded from unit because of his managerial status.
City of Brillion (12915) 8/74
New
M337.2 County Employment
Planning Sergeant in Sheriff’s Department, who is responsible for establishing operation procedures, for conducting training and safety programs, found to constitute a managerial employe.
Racine County (11257-A) 5/73
Administrative Assistant to County Agricultural Agent, who occasionally fills in for the latter, found not to effectively participate in the formulation and implementation of management policy, and therefore held not to be a managerial employe.
Columbia County (12218) 10/73
Registrar in Probate/Probate Registrar, who is not engaged in determinations on significant commitments of the resources of the County, found not a managerial employe.
Oneida County (12247) 11/73
Deputies to county elected officials, although they may draw up budgets for their departments and are committed concerning the most efficient and desirable manner in which certain operations of said departments
but who are not involved to a significant extent in the overall policy making for their departments, found not to perform executive or managerial function so as to warrant their exclusion from general court house unit.
Shawano County (12310) 12/73
While Administrative Secretaries in various County offices perform responsible duties, such duties found not to be managerial in nature.
Shawano County (12310) 12/73
Deputy Administrator of Zoning Department, who assists in the administration of building code by conducting zoning inspections and by conferring with the public in conducting construction plans with code compliance, held not to perform a managerial function.
Shawano County (12310) 12/73
Director of Inservice and Staff Development of County Mental Health Center found to perform duties as managerial employe.
Brown County (12381) 1/74
Staff Development Assistants, as a result of participating in formulation of departmental policies, determined to perform managerial duties, and therefore excluded from professional social workers unit.
Milwaukee County (11382-D) 9/74
New
M335.3 School Employment
Registrar in employ of vocational district excluded from teacher unit, since his community of interest was aligned with management.
Waukesha Voc. Dist. 8 (11076) 6/72
Commission concluded that Athletic Director, Librarian, Media Specialist and Curriculum Specialist to be excluded from technical unit, since their responsibilities were more closely aligned to management, including matters involving educational policies, rather than to teaching functions.
Waukesha Voc. Dist. 8 (11076) 6/72
Book Store Manager found to perform such managerial duties so as to be excluded from unit.
Eau Claire Technical Institute (11683) 3/73
Middle School Principal, who does not play a determinative role in the formation of management policy, and who teaches at least half of his time, found not to be a managerial employe.
Stanley-Boyd Jt. School Dist. No. 4 (11589-A) 7/73
Athletic Coordinator found to perform such managerial duties so as to be excluded from unit.
Stanley-Boyd Jt. School Dist. No. 4 (11589-A) 7/73
Local Vocational Education Coordinator, who has been delegated the responsibility for curriculum development found to be a managerial employe.
Stanley-Boyd Jt. School Dist. No. 4 (11589-A) 7/73
Guidance Counselor, who is a certified teacher, found to perform such managerial duties so as to be excluded from teachers unit.
New Auburn Jt. School Dist. No. 11 (13068) 10/74
M340 UNIT APPROPRIATE FOR COLLECTIVE BARGAINING
(a) New
M345. EFFECT OF STATUTORY CHANGE ON COMMISSION’S LIMITATION TO ESTABLISH APPROPRIATE UNIT
M345.1 Generally
The Municipal Employment Relations Act (MERA), effective November 11, 1971, provides that the Commission “shall, whenever possible, avoid fragmentation by maintaining as few units as practicable in keeping with the size of the total municipal work force.” As a result of said provision, automatic fragmentation of units based on separate departments, divisions or plants does not occur.
Eau Claire Public Library (10789) 2/72; La Crosse Jt. School Dist. No. 5 (10980) 5/72
The Municipal Employment Relations Act recognizes that there is a need for a pattern of bargaining units which permits employes the right to be represented in workable units by organizations of their own choosing, which may be reasonable expected to be concerned with the unique interests and aspirations of the employes in said units. To establish a unit wherein the interests of a large group of employes are likely to be submerged would not, in our opinion, give adequate protection to the rights guaranteed to employes in the Act. However, units cannot be so fragmentized so as to be inadequate for viable collective bargaining.
Dane County (10492-A) 3/72; Columbia County (11068) 6/72; City of Kiel (11368) 10/72; City of New Berlin (13173) 11/74
A voluntarily recognized unit of all otherwise eligible employes of one department of a municipal employer is a unit which is not repugnant to MERA relating to the establishment of appropriate bargaining units.
Greendale Bd. of Education (12611) 4/74; Jefferson County (13038) 9/74
M345.2 Effect of Stipulated Unit
Commission will not direct an election among employes in a stipulated unit unless it is satisfied that the unit so stipulated is an appropriate unit within the meaning of the Act.
Eau Claire Public Library (10789) 2/72; Milwaukee Voc. Dist. No. 9 (10882) 3/72; Village of East Troy (10913) 4/72
M345.3 Craft and Professional Employe Units
Sec. 111.70(4)(d)2.a. permits the establishment of separate units of craft and professional employes and also permits craft and professional employes to indicate their desire to be included in a unit of non-craft and non-professional employes.
City of Oak Creek (10890) 3/72; Portage County (11038) 9/72; (a) Entire Section is new.
Milwaukee Voc. Dist. No. 9 (11267) 9/72; Two Rivers Hospital (11513) 1/73; Milwaukee County (11685) 3/73; Milwaukee Bd. of School Directors (11206-A) 8/73; Shawano County (12310) 12/73; Pierce County (12316) 12/73; St. Croix County (12338) 12/73; City of Kenosha (12620) 4/74; City of New Berlin (13173) 11/74
Pursuant to Sec. 111.70(4)(d)2.a., Commission directed election permitting professional social workers choice to be included in unit of non-professional hospital employes.
St. Croix County (11179) 7/72
Professional Sanitarians found to constitute an appropriate unit within the meaning of Sec. 111.70(4)(d)2.a.
City of Green Bay (11021) 8/72
Attorneys in employ of county found to have community of interest separate and apart from other professional employes, and may therefore constitute a separate collective bargaining unit.
Dane County (11482) 12/72
Commission found that a community of interest existed between attorneys in District Attorney’s office and attorneys in the employ of the Corporation Counsel and therefore a unit of only Assistant District Attorneys deemed inappropriate.
Milwaukee County (12571) 3/74
Where unit sought included both craft and professional employes, petition was dismissed since such a unit is inappropriate within the meaning of Sec. 111.70(4)(d)2.a.
City of Appleton (11784) 4/73
Where two organizations sought to represent professional and non-professional employes in two separate units, Commission denied County’s request that professional employes be given an opportunity to determine whether professional employes desired to be included in unit with non-professional employes.
Brown County (11862) 5/73
M345.4 City Employe Units
M345.4.1 Blue Collar Employes
Blue Collar city employes found to constitute an appropriate unit.
City of Kiel (11368) 10/72; City of New Berlin (13173) 11/74
M345.4.2 Office and Clerical Employes
Clerks/Stenographer-Dispatcher and Clerk/Stenographer employed in Police Department, who performs duties similar to duties performed by City Hall clerical employes and who have a similar community of interest with latter employes, were included in existing City Hall unit.
City of Menasha (11714-A) 6/73
The fact that Deputy Registrar of Vital Statistics took oath of office and is bonded does not warrant exclusion from city-wide office and clerical unit, where the primary duties of the position are secretarial and clerical in nature.
M345.4.3 Hospital Employes
While City Hospital and City Home were separate departments, employes therein were engaged in patient care, and therefore employes in both departments constitute an appropriate single collective bargaining unit.
City of Menomonie (11023) 5/72
M345.4.4 Law Enforcement Personnel
Commission concluded that it would not effectuate the policies of the Acts to include law enforcement personnel in a unit of other city employes.
City of New Holstein (10783) 2/72
M345.4.5 Utility Employes
Employes of water and electric department, located in a plant separate and apart from other city departments, found to constitute a separate appropriate unit, since they were employed in a public utility within the meaning of Sec. 196.01(1) and Sec. 66.06(1), Wis. Stats., and which was operated as a “proprietary” function.
M345.4.6 Miscellaneous
The fact that Meter Maids and Animal Control Officers are uniformed and may perform quasi-police functions held insufficient to warrant their exclusion from general city-wide unit.
City of Madison (12111) 8/73
Although there existed some semblance of a community of interest between maintenance and repair employes in the employ of the Fire Department and employes in the Repair Division of the Bureau of Department of Public Works, because of the nature of the work performed and similar wages and fringe benefits, Commission found such Fire Department employes to constitute a separate unit because latter employes are under distinct separate supervision and subject to jurisdiction of Police and Fire Commission.
City of Milwaukee (12805) 6/74
M345.5 County Employe Units
M345.5.1 Blue Collar Employes
(No Decisions) M345.5.2 Clerical Employes
County-wide office and clerical employes found to constitute an appropriate unit within the meaning of Sec. 111.70(4)(d)2.a. of MERA.
Dane County (10492-A) 3/72; La Crosse County (10910) 4/72
The fact that Deputy County positions are appointed and serve at the will of elected officials does not in itself warrant exclusion from general court house employe unit.
Oneida County (12247) 11/73; Shawano County (12310) 12/73; St. Croix County (12423-A) 4/74; Kewaunee County (13185) 11/74
M345.5.3 Institutional Employes
Non-professional employes of County Home, excluding office employes, found to constitute an appropriate unit.
Manitowoc County (10899) 3/72
Employes of County Hospital and Home, excluding professional employes, found to constitute an appropriate unit.
Columbia County (11068) 6/72
Commission determined that it would not effectuate the policies of Sec. 111.70(4)(d)2.a. to establish a unit consisting of professional nurses on a departmental basis.
Brown County (11983) 6/73
Where, as a result of previous certifications, there exists six separate units of non-professional county employes, Commission found that Youth Home employes, whose duties were distinct from duties performed by employes in the established units, to constitute a separate appropriate unit.
Rock County (11989) 7/73
Because of distinctions of location, purpose and governance of County Sanatorium and Mental Health Center, nurses employed in each facility found to have constituted two separate units.
Brown County (12381) 1/74
Commission found that creation of two separate units at institution, where one unit presently exists would constitute undue fragmentation, and therefore inappropriate.
La Crosse County (12931) 8/74
M345.5.4 Social Service Employes
Non-professional employes in Social Services Department, who are not included in general court house employes unit, and where accretion of said non-professional employes to existing unit would result in the size of said unit, and where employes in existing unit are covered by a two -year collective bargaining agreement, commission found said non-professionals to constitute an appropriate unit.
St. Croix County (12338) 12/73
Where Social Workers employed in Department of Social Services of County are presently represented in a separate unit, Commission determined that Social Workers employed at County Mental Health Center found to constitute an appropriate unit.
Brown County (12381) 1/74
Where Research Analyst and Psychologists worked in support of the same program engaged in by Social Workers in County Mental Health Center, Commission included such professional positions in unit of Social Workers.
Brown County (12381) 1/74
Social Workers, Psychologists, T.V. Grant Coordinator, Assistant T.V. Grant Coordinator, Clinical Pastoral Fellow and Research Librarian employed in Mental Health Center found to constitute an appropriate unit of professional employes because of their community of interest.
Rock County (13131) 11/74
M345.5.5 Librarians
Where Librarians did not work with any other professional employes in any common purpose, Librarians found to constitute a separate professional bargaining unit.
Brown County (12381) 1/74
M345.5.6 Law Enforcement Personnel
In determining law enforcement personnel units, the determinative factor as to whether employes should be included therein is whether said personnel have the power of arrest.
Walworth County (11686) 3/73; Trempealeau County (12005) 7/63; Marquette County (12625) 4/74
Matrons who are required to work when female prisons are incarcerated, held not to be casual employes, but regular part-time employes, and having the power of arrest, were included in unit of law enforcement personnel.
Douglas County (10993) 5/72
Clericals and Cooks in Sheriff’s Department found to perform duties sufficiently related to duties performed by male deputies so as to be included in unit of Sheriff’s Deputies.
Jefferson County (11082) 6/72
Dispatchers, having the power of arrest, cannot constitute a unit separate and apart from other law enforcement personnel of Police Department.
Douglas County/City of Superior (11164) 7/72
Where Head Jailer, full time Deputy Jailer and full time Jail Matron are deputized and have the responsibilities almost entirely directed at prisoner care, and perform no cooking or clerical duties, Commission included such positions in law enforcement unit.
Winnebago County (11445) 11/72
Deputized Jail Matrons and other deputized supportive personnel included in Deputy Sheriff’s unit.
Walworth County (11686) 3/73; Menomonee County (11905) 6/73
Employes in Sheriff’s Department, who have no power of arrest, included in Court House wide unit.
Walworth County (11686) 3/73
Dispatcher-jailer, having the power of arrest, included in unit of law enforcement personnel.
Sawyer County (12457) 1/74
Commission will not fragmentize county law enforcement personnel into separate units.
St. Croix County (13074) 10/74
M345.5.7 Court Employes
Fact that Registrar in Probate and Deputy Registrar in Probate serve at will of County Judge establishes no basis for the exclusion of such employes from unit consisting of court house employes.
St. Croix County (12423-A) 4/74
M345.6 Village Employe Units
M345.6.1 Blue Collar Employes
Village “blue Collar” employes constitute an appropriate unit.
Village of East Troy (10913) 4/72
Employes of railroad operated by a village, who perform duties unique and separate from village blue collar employes, therefore constitute a separate appropriate bargaining unit.
Village of East Troy (10913) 4/72
M345.7 School District Employe Units
M345.7.1 Non-Professional Employees
Teaching paraprofessionals and teaching aids, who spend more than 50% of their time in instructional and student contact services, found to constitute an appropriate unit.
Milwaukee Voc. Dist. No. 9 (10882) 3/72
Where a majority of duties performed by paraprofessionals and teaching aides were clerical in nature, and their wages, hours and working conditions indicate a community of interest with school clerical employes, Commission declined to establish a separate unit of paraprofessionals and teaching aides, but included said positions in an existing non-professional unit.
Tomah School Dist. No. 1 (8209-C) 3/72; Menasha Jt. School Dist. No. 1 (11932) 6/73
Where Financial Aides, Placement and Veterans Officer, and Aide to Adult Basic Education Coordinator do not require teacher training or teacher certification, and who have no direct teaching responsibilities and are not “supportive” of the education program, Commission excluded such positions from unit of certified teachers.
Waukesha Voc. Dist. No. 8 (11076) 6/72
Truck Driver, who reported to different supervisor, as a result of re-organization, but whose basic duties had not changed, not removed from school “blue collar” unit, originally certified to consist of custodial and maintenance employes.
Appleton Jt. School Dist. No. 10 (1046-A) 7/72
Commission found that Teacher Aides, Library Aides, and Nurses Aides performed substantial clerical duties so as to be included in unit of office and clerical employes.
Hortonville Jt. School Dist. No. 1 (11255) 8/72
Playground Aides, who work only on hour per day and who have no clerical duties, were excluded from unit of office and clerical employes.
Hortonville Jt. School Dist. No. 1 (11255) 8/72
Individual, who teaches two hours a day, but spends remainder of day as a Library Aide, included in unit of office and clerical employes.
Hortonville Jt. School Dist. No. 1 (11255) 8/72
All non-certified personnel of School District found to constitute an appropriate bargaining unit.
Gibraltar Board of Education (11339) 10/72
Since duties performed by Laboratory Assistants were supportive of duties performed by certified teachers, Commission determined that said positions had an insufficient community of interest with office, clerical and custodial employes so as to accrete to unit composed of latter classifications.
Waukesha Voc. Dist. No. 8 (10489-A) 11/72
Inasmuch as clerical employes of School Board constituted the only remaining unorganized group of employes, Commission found such clerical employes to constitute an appropriate unit.
Menomonee Falls Jt. School Dist. No. 1 (11169) 3/73
Where Electronic Technician was under supervision separate than that of maintenance and custodial employes, and since the duties of the position were more technical than those performed by custodial and maintenance employes, said position was included in unit of office, clerical and related positions, rather than in the custodial and maintenance unit.
Eau Claire Technical Institute (11683) 3/73
Commission will not fragmentize otherwise appropriate unit of school technical employes.
Milwaukee Technical Institute (11755) 4/73
Student Center Supervisor, whose major duties were clerical in nature, included in unit of office, clerical and related employes, rather than placed in a single employe unit.
Eau Claire Technical Institute (11901) 5/73
ETV Photographer, ETV Artist, Engineer Radio TV, Computer Programmer I, II and III, Systems Analyst, Systems Analyst/Analyst Trainee, Machine Accounting Supervisor, Buyer I and II found not to be professional employes but technical employes, and therefore were accreted to existing office, clerical and technical employe unit.
Milwaukee Board of School Directors (11206-A) 8/73
Common supervision of non-professional school employes, consisting of custodians, teacher aids, clericals and playground supervisors, warranted their inclusion in a single unit.
Merton Jt. School Dist. No. 8 (12085) 8/73
Commission excluded Transportation Department employes from unit consisting of clerical, custodial and dietary employes because of lack of community of interest, in terms of work location, hours of work, supervision and method of compensation.
Wautoma Jt. School Dist. No. 1 (12300) 11/73
Because of the large size of separate school clerical and custodial units, Commission declined to accrete teacher aids to either unit, and instead established a separate unit consisting of said aids.
Madison Jt. School Dist. No. 8 (12654) 4/74
M345.7.2 Professional Employes
Certified teachers, occupying teacher aid positions, not included in professional teacher unit.
Lakeside Graded School Dist. No. 7 (11802) 4/73; Sauk Prairie Schools (12240-A) 11/74
The Commission will include in a unit consisting of primarily classroom teachers those, who do not engage in classroom teaching but who possess teaching certifications, evidencing a background in education and who work with students or teachers in a non-supervisory capacity in support of the educational program.
Whitefish Bay Schools (10799) 2/72; Stanley-Boyd Jt. School Dist. No. 4 (11589-A) 7/73; Hayward Jt. School Dist. No. 1 (12040) 7/73; Tomahawk Unified School Dist. No. 1 (12483-A) 5/74
Speech Pathologists found to be occupationally distinct from School Psychologists and Special Education Director, and therefore constitute a separate appropriate unit.
Cooperative Education Service Agency No. 14 (12175) 9//73
(a) New
346 SUPERVISORY LAW ENFORCEMENT AND FIREFIGHTER UNITS
(a) Entire Section is new.
346.1 Generally
Sec. 111.70(3)(d) of MERA provides as follows:
“Nothing in this subchapter shall preclude law enforcement or fire-fighting supervisors for purposes of negotiating with their municipal employers. The commission shall by rule establish procedures for certification of such units of supervisors and the levels of supervisors to be included. The commission may require that the representative in a supervisory unit shall be an organization that is a separate local entity from the representative of the employes but such requirement shall not prevent affiliation by a supervisory representative with the same parent state or national organization as the employe representative.”
In that regard the Commission adopted rule ERB 17.01, which provides the following:
“The determination as to levels of law enforcement and firefighter supervisors to be included in bargaining units, as set forth in section 111.70(3)(d), Wis. Stats., will be determined on a case-to-case basis, because of a variance of the duties and responsibilities assigned to supervisory officers in law enforcement and firefighting services in the various municipalities throughout the state. Since section 111.70(l)(b), Wis. Statutes, specifically excludes confidential, managerial and executive employes, as well as supervisors, from the municipal employe’, supervisors who perform confidential, managerial or executive duties shall be excluded from units of supervisory law enforcement or firefighter personnel. Supervisors employed in law enforcement departments, who have no power of arrest, and supervisors employed in fire departments, who are not actively engaged in fire-fighting, are not considered as law enforcement or firefighter supervisors.”
M346.2 Supervisory Law Enforcement Personnel
In determining whether certain law enforcement personnel are supervisory or nonsupervisory, the Commission applies the criteria found in Section 111.70(l)(o)l of MERA. The Commission has recognized, however, that strict application of such criteria might, in a given case, “split a rank” because of a finding that some employes of a given rank perform supervisory duties while others do not. Therefore, in an effort to avoid the difficulties in terms of collective bargaining and police operations which such rank splitting would likely create, the Commission, in an effort to serve the purposes underlying MERA has, where possible, attempts to avoid the splitting of ranks when making supervisory determinations involving law enforcement personnel.
City of West Allis (12020) 7/73
The fact that a given position functions as a supervisor of a supervisor will not be determinative in establishing the eligibility of the position for inclusion in the supervisory unit.
City of Milwaukee (11971) 7/73
Assistant Police Identification superintendent, in the exercise of his duties, obtains no knowledge of, or access to, confidential matters relating to labor relations, and therefore cannot be excluded from police supervisory unit as a confidential employe.
City of Milwaukee (11971) 7/73
Secretary-Police Department, whose duties relate to the Department’s budgetary process, and his relationship with the higher echelons of the supervisory structure, determined to be not only a managerial, but also a confident employe, since he has access to and participates in confidential matters related to labor relations, and therefore position is excluded from police supervisory unit.
City of Milwaukee (11971) 7/73
Deputy Inspector-Police Identification who is directly responsible to Chief of Police, in addition of his responsibility for the operation of the Bureau of Identifications function and personnel, is also responsible for the enforcement of departmental rules and regulations, is in charge of all prisoners sent to the Bureau, and exercises his own discretion and judgment in determining work methods employed in the Bureau, and therefore determined to be a managerial and executive employe thus excluded from police supervisory unit.
City of Milwaukee (11971) 7/73
Superintendent of Police Communications, who is supervised by Chief of Police, and who is charged with the responsibility of determining the goals and methods of the Communications Bureau, serves in a managerial and executive capacity, and therefore appropriately excluded from supervisory police unit.
City of Milwaukee (11971) 3/73
Where Assistant Superintendent of Police Communications only occasionally assumes the Superintendent’s duties does not establish position as a managerial or executive employe, and therefore position is included in supervisory police unit.
City of Milwaukee (11971) 7/73
The classifications of Lieutenants of Detectives, Captain of Police, Deputy Inspector of Detectives, Deputy Inspector of Police, Deputy Inspector of Traffic, Patrol Sergeants, Desk Sergeants, Administrative Police Sergeants, Administrative Police Sergeants and Police Sergeants perform such supervisory duties so as to be included in supervisory law enforcement unit.
City of Milwaukee (11971) 7/73
First Deputy Inspector of Police, Inspector of Detectives and Deputy Inspector of Police (Training and Special Services) found to constitute managerial employees and therefore excluded from supervisory law enforcement unit.
City of Milwaukee (11971) 7/73
M346.3 Supervisory Fire Fighter Personnel
Line Captains, holding rank above highest ranking officer at city’s two fire-stations, who are stations, found to perform such supervisory duties so as to be included in supervisory firefighter unit.
City of Menasha (12725) 5/74
M350 THE ELECTION
M351 THE BALLOT
M351.2 Void and Blank Ballots
Only official Commission ballots will be included in final tally of results of election, except where parties agree otherwise.
City of Racine (12252) 12/73
M352 INTERFERENCE WITH ELECTION
M352.2 By Labor Organization
Commission will not pass judgment on campaign propaganda, While it does not condone exaggerations, inaccuracies, partial truths and name calling, such campaign material may be excused as propaganda if it is not so misleading as to prevent a free choice of employes.
Manitowoc County (10899D) 8/72; Two Rivers Municipal Hospital (11513E) 4/73
Distribution of campaign leaflets on parking lot on day of balloting held not to interfere with conduct of election.
Two Rivers Municipal Hospital (11513E) 4/73
New
M352.3 Physical Conduct of Election
Where, during conduct of balloting, Employer’s observers asserted that lighting in balloting area was inadequate to permit employes to properly read the ballot, and where such condition was corrected with no further objection, Employer’s objection in that regard, filed after balloting, dismissed as being without merit.
Two Rivers Municipal Hospital (11513E) 4/73
Where employe, whose name appeared on eligibility list, had reached retirement age, and was only temporarily employed, Commission agent should have accepted Employer’s challenge to said employes ballot, and since said ballot may have been dispositive of the result of the election, Commission set aside the results and directed a new election.
Menomonie Jt. School Dist. No. 1 (11092B) 10/73
M400 JURISDICTION
M410 EFFECT OF OTHER STATUTES
M411 GENERAL SCHOOL STATUTES
M412 STATUTES PERTAINING TO POLICE AND FIREFIGHTERS
M413 FAIR LABOR STANDARDS ACT
M420 REPRESENTATION PROCEEDINGS
M421 IN GENERAL
M430 PROHIBITED PRACTICE PROCEEDINGS
M431 RIGHTS SUBJECT TO WERC JURISDICTION
M432 MOOTNESS AS AFFECTING JURISDICTION
M433 EFFECT OF ACTIONS PENDING IN OTHER JURISDICTIONS
M433.1 Pending Court Action
M433.2 Pending Before Other State Agencies
M434 EFFECT OF COLLECTIVE BARGAINING AGREEMENTS
M434.1 Prior to Adoption of MERA
M434.2 Following Adoption of MERA
M434.2.1 In General
M434.2.2 Effect of Grievance Procedures
M434.2.3 Effect of Advisory Arbitration Provisions
M434.2.4 Effect of Final and Binding Arbitration Provisions
M434.2.5 Jurisdiction of Arbitrator
M434.2.6 Review of Arbitration Awards
M435 JURISDICTION WITH RESPECT TO ORDER
M440 REFERENDUM PROCEEDINGS
M441 IN GENERAL
M450 FACT FINDING PROCEEDINGS
M451 IN GENERAL
M460 . POLICE AND FIREFIGHTER INTEREST ARBITRATION
M461 IN GENERAL
M470 DECLARATORY RULINGS
M470 IN GENERAL
M480 STRIKE ACTIVITY
m481 IN GENERAL
1/ Entire Chapter has been revised and contains all decisions pertaining to “Jurisdiction” rendered since the original enactment of Sec. 111.70.
M400 JURISDICTION
M410 EFFECT OF OTHER STATUTES
M411 GENERAL SCHOOL STATUTES
General school statutes are subject to the limitations of Sec. 111.70 where such statutes affect the rights of municipal employes established in the latter statute.
Muskego-Norway Consolidated Schools, 35 Wis. 2d 540, 6/67; Kenosha Board of Education (8120) 8/67; Ashland School District No. 1 (8708-B) 5/69; Waterloo Jt. School Dist. No. 1 (10946-A,B) 9/73; Racine Unified School Dist. No. 1 (11315-B,D) 4/74
Provisions of MERA are not subservient to the general school statutes, at least where wages, hours and working conditions of employes are concerned. Statutory duty to bargain does not constitute a delegation of a school board’s responsibility and authority to manage and operates a school system, since the duty to bargain does not compel either party to agree to a proposal or require the making of a concession.
Racine Unified School Dist. No. 1 (11315-B,D) 4/74; Oak Creek- Franklin Jt. City School Dist. No. 1 (11827-D) 9/74; City of Beloit (Schools) (11831-C) 9/74
Sec. 118.22, Wis. Statutes, setting forth procedures for renewal or non-renewal of teacher’s contracts involve tenure of teachers as employes and therefore the non-renewal of a teaching contract is within the scope of Sec. 111.70.
Whitehall School District (10268-A, B) 10/71; Crandon Jt. School Dist. No. 1 (10271-A,C) 10/71; Appleton Jt. School Dist. No. 10 (10996-A,B) 6/73
M412 STATUTES PERTAINING TO POLICE AND FIREFIGHTERS
Statutory authority granted police and fire departments by Sec. 62.13, Wis. Statutes, does not deprive WERC of its jurisdiction to determine whether prohibited practices have been committed with respect to police or firefighters.
City of Madison (9582-B,C) 7/71; City of Wisconsin Dells (11646) 3/73
The authority granted to Police and Fire Commissions, pursuant to Sec. 62.13(5) with respect to discipline, suspension and/or termination of police and firefighters cannot be harmonized with those provisions in Sec. 111.77, relating to the authority of the arbitrators performing their function under the latter statutory provision.
Secs. 111.77(d) and (h) specifically refer to “conditions of employment” and ss. (f) among other matters, refers to “the continuity and stability of employment.” Discipline, suspension or termination from employment affects an employes working conditions, and most certainly has an effect on the stability of one’s employment. Had the Legislature intended to exclude matters coming within the jurisdiction of Police and Fire Commission pursuant to Sec. 62.13(5) from those matters subject to final and binding arbitration in police and firefighter negotiations, it could have included such an exception in Sec. 111.77. Since the latter statutory provision was adopted subsequent to Sec. 62.13(5) it modifies Sec. 62.13(5), at least with respect to the authority of an arbitrator, appointed pursuant to Sec. 111.77, to issue a final and binding award containing a provision providing for arbitration of discipline, and suspension or termination of police and/or firefighters, or any other conditions affecting the stability of their employment.
City of Sun Prairie (11703-A) 9/73; City of Chippewa Falls (11938-A,B) 4/74
Statutory authority granted to Police and Fire Commissions does not deprive WERC of its jurisdiction to issue a declaratory ruling as to bargainability of conditions of employment.
City of Clintonville (12187-A) 5/74
M413 FAIR LABOR STANDARDS ACT
The fact that School Board implemented changes in salaries for coaches of female sports in an intent to comply with Fair Labor Standards Act does not relieve of School Board its duty to bargain such changes with bargaining representative.
Madison Jt. School Dist. No. 8 (12610) 4/74
M420 REPRESENTATION PROCEEDINGS
M421 IN GENERAL
Commission has jurisdiction under Sec. 111.70 to determine not only what categories of employes are covered by the statute but also to determine which individual employes are within such categories.
Village of Menomonee Falls (6218-D) 4/71
M430 PROHIBITED PRACTICE PROCEEDINGS
M431 RIGHTS SUBJECT TO WERC JURISDICTION
The Legislature in adopting MERA did not intend to protect the exercise of legal rights other than those specifically set out in Sec.111.70(2) of said Act, unless such rights are protected, established by other provisions of the Act, or the employe or employes, who are allegedly interfering with other legal rights, are motivated by the exercise of rights granted to any employe or employes under the Act.
Racine Policemen’s Professional & Benevolent Corp. (12637, 12637-A) 5/74
M432 MOOTNESS AS AFFECTING JURISDICTION
Fact that school board did not deem teachers to have resigned as previously announced, which announcement was alleged as constituting a prohibited practice, held not to render said issue moot and Commission exercised jurisdiction to determine whether prohibited practice had been committed.
St. Francis Jt. School Dist. No. 6 (9546-A) 6/71; (9656-B) 10/71
The fact that School Board and teacher organization entered into a collective bargaining agreement, following the filing and processing of a complaint alleging that School Board failed to bargain in good faith, did not make the complaint moot, since the Respondent could engage in the same conduct in the future with the foreknowledge that there would be a considerable time lag between the filing of the complaint and a decision in the matter, and thus such conduct could frustrate the public policy in MERA.
Racine Unified School Dist. No. 1 (11315-B,D) 4/74
M433 EFFECT OF ACTIONS PENDING IN OTHER JURISDICTIONS
M433.1 Pending Court Action
Nothing in MERA suggests that the Commission is ousted of its jurisdiction whenever a party concurrently seeks redress of a prohibited practice before a court of competent jurisdiction.
Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73
The fact that individual teachers have sought a writ of mandamus to require School Board to issue them teacher contracts does not constitute sufficient basis to hold in abeyance a complaint alleging that the School Board committed a prohibited practice by refusing to proceed to arbitration, as required in existing collective bargaining agreement.
Monona Grove Jt. School Dist. No. 4 (11614,A,B) 8/73
M433.2 Pending Before Other State Agencies
Complaint seeking redress because of before Equal Rights Division of Department of Industry, Labor and Human Relations does not warrant a dismissal of complaint of prohibited practices alleging failure of School Board to proceed to advisory arbitration, as required in collective bargaining agreement.
Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73; Alma Center School Dist. No. 3 (11628) 2/73
M434 EFFECT OF COLLECTIVE BARGAINING AGREEMENTS
M434.1 Prior to Adoption of MERA
Since Sec. 111.70 did not provide that violations of collective bargaining agreements covering employes in municipal employment are
prohibited practices, the WERC bad no jurisdiction to determine alleged violations of such agreements.
Janesville Board of Education (8791-A) 3/69; St. Francis Jt. School Dist. No. 6 (9546-A) 6/71,
(6546-B) 10/71
Fact that collective bargaining agreement provides that employer is not required to give a reason for discharging a probationary employe did not deprive WERC of jurisdiction to determine whether such discharge resulted from alleged concerted activity.
Wood County (9437-A) 1/71
M434.2 Following Adoption of MERA
M434.2.1 In General
Section 111.70(3)(a)5 of MERA, effective November 7, 1971, provides that violations of a collective bargaining agreement by Municipal Employers constitute a prohibited practice, and Sec. 111.70(3)(b)4 prohibits similar violations by Municipal employes and their representatives.
WERC has jurisdiction to determine whether a collective bargaining agreement covers the particular violation alleged. A contention that the Complainant has failed to exhaust the grievance procedure raises a question regarding the application of the terms of the agreement and does not go to the question of jurisdiction.
Abbotsford Jt. School Dist. No. 1 (11202-A,B) 5/73; Slinger Community School Dist. (11167-B,C) 1/74
M434.2.2 Effect of Grievance Procedures
The Commission will not normally assert its jurisdiction to determine whether a collective bargaining agreement has been violated absent the exhaustion of all steps of the contractual grievance procedure, including advisory arbitration by individuals other than members of the Commission on its staff.
Lake Mills Jt. School Dist. No. 1 (11529-A,B) 8/73
Where Employer waived procedural requirements in processing grievance, Commission will not consider failure of Union to comply therewith as affecting its jurisdiction to determine the grievance on its merits.
Abbotsford Jt. School Dist. No. 1 (11202-A,B) 5/73
Commission found that contractual grievance procedure had been complied with, and therefore it exercised its jurisdiction to determine grievance on its merits, absent a provision for final and binding arbitration.
Dodgeland Jt. School Dist. No. 11 (11882-B,C,D) 8/74
Commission deviated from its general policy to defer to contractual grievance procedure upon being satisfied that such procedure had broken down due to unusual circumstances.
Milwaukee Board of School Directors (12028-A,B) 9/74
M434.2.3 Effect of Advisory Arbitration Provisions
The Commission will not exercise its jurisdiction to process complaints requesting the Commission to issue an order requiring a party to a collective bargaining agreement to proceed to advisory arbitration before the members of the Commission or its staff. The complaining party, where the collective bargaining agreement does not provide for final and binding arbitration, may file a complaint alleging a violation of the agreement with respect to the merits of the grievance and the Commission will process such complaint and determine the grievance on its merits.
Superior Bd. of Education (11206-A) 10/72; Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73
M434.2.4 Effect of Final and Binding Arbitration Provisions
The Commission will refuse to assert its jurisdiction to determine if there has been a substantive violation of a collective bargaining agreement where the parties have agreed that such alleged violations should be submitted to final and binding arbitration.
Oostburg Jt. School Dist. No. 1 (11196-A,B) 12/72; Milwaukee Board of School Directors (10663-B,C) 3/73; Lake Mills Jt. School Dist. No. 1 (11529-A,B) 8/73
Although collective bargaining agreement contained a specific provision prohibiting discrimination because of lawful concerted activity and also a final and binding grievance arbitration provision, Commission determined to exercise its jurisdiction to determine merits of alleged discriminatory action against employe, employe did not initiate grievance procedure where election proceeding was being held in abeyance because of the alleged act of discrimination.
City of Milwaukee (13093) 10/74
Where in a complaint proceeding the complaint and answer are devoid of allegations with respect to arbitration, and where no evidence was introduced into the record to a demand to proceed to arbitration or refusal with respect to such demand, and where the parties have presented evidence with regard to the merits of the dispute, the commission considers that the parties have waived the arbitration provision in their agreement and therefore, where the merits of the dispute were fully litigated before the Commission, the Commission will determine the dispute on its merits.
City of Milwaukee (11854) 5/73
With respect to allegations in a complaint alleging independent statutory violations, which might also constitute violations of a collective bargaining agreement, where such an agreement contains provisions for
final and binding arbitration of grievances arising over the interpretation or application of the provisions of such agreement, the Commission will not normally exercise its jurisdiction to determine the alleged violations of such agreement on their merits, but will require the Complainant to proceed to arbitration in accordance with the terms of the collective bargaining agreement on their merits, but will require the Complainant to proceed to arbitration in accordance with the terms of the collective bargaining agreement, and the Commission will not review the award of the arbitrator, except where such review may be involved in an action seeking an enforcement of the award before the Commission. Furthermore, the review of such award is limited to the statutory criteria set forth in Chapter 298, Wisconsin Statutes. However, where the complaint alleges an independent violation of a refusal to bargain in good faith, pursuant to Sec. 111.70(3)(a)4 and the collective bargaining agreement contains a provision which provides that the alleged activity may also constitute a violation of the collective bargaining agreement, the Commission will defer to arbitration in such instances, except where the issue involves a determination as to whether the matter involved cannot be determined by the criteria contained in the pertinent provisions of the collective bargaining agreement, or where the matter involved is of such importance that the Commission determines it is necessary to establish a policy as to whether such matter requires a determination as to the duty to bargain on such matter within the meaning of MERA.
Milwaukee Board of School Directors (11330-B) 6/73
M434.2.5 Jurisdiction of Arbitrator
Where agreement contains a provision for final and binding arbitration, issues as to compliance with grievance procedure are for determination by the arbitrator and not the commission.
City of St. Francis (12079-A,D) 10/74
M434.2.6 Review of Arbitration Awards
Commission has no jurisdiction to review arbitration awards concerning the interpretation or application of the terms of an existing collective bargaining agreement.
City of Neenah (10716-C) 10/73
M435 JURISDICTION WITH RESPECT TO ORDER
In administering Sec. 111.70 the Commission has jurisdiction to make and issue any order which it deems necessary to enforce said provision relating to any contract, or lack thereof, between teachers and their school board employers.
Kenosha Board of Education (6986-C) 2/66
M440 REFERENDUM PROCEEDINGS
M441 IN GENERAL
Where the Commission is requested to conduct a referendum to determine whether employes favor a fair-share agreement, even though such a
referendum is not required by MERA, there is no merit to any subsequent claim that the Commission cannot regulate the conduct of said referendum, and therefore the Commission is not precluded from exercising the jurisdiction to determine objections to the referendum.
Milwaukee Technical Institute (12121-A) 10/73
M450 FACT FINDING PROCEEDINGS
M451 IN GENERAL
WERC has exclusive jurisdiction to determine whether conditions precedent to initiation of fact finding exists.
Shawano County (6388) 6/63 (Aff. Dane Co. Cir. Ct., 8/63); City of Wauwatosa (7106) 4/65; Village of Whitefish Bay (7494) 3/66 (Aff.34 Wis.2d 432, 4/67)
WERC has jurisdiction to process fact finding petition filed by a labor organization on behalf of non-supervisory employes of police department after said employes had designated said organization as their representative.
City of Greenfield, Milw. Co. Cir. Ct. 8/65
The Commission does not lose its jurisdiction in a fact finding proceeding upon the issuance of an order requiring the parties to proceed to fact finding and the designation of the fact finder.
City of Milwaukee (12277-B) 12/73
M460 POLICE AND FIREFIGHTER INTEREST ARBITRATION
M461 IN GENERAL
As a jurisdictional prerequisite to compulsory arbitration the Commission must find that an impasse existed at or before the filing of the petition for arbitration, and if unlimited counter-offers were permitted after the filing of the petition, the date of impasse could never be ascertained.
Milwaukee County 64 Wis. 2d 651, 10/74
Commission has no jurisdiction to review final and binding arbitration awards issued pursuant to Sec. 111.77 Such jurisdiction, as provided in Sec. 111.77(7) lies in the State Courts.
Milwaukee County (11575-A) 6/73
M470 DECLARATORY RULINGS
M471 PENDING COURT ACTION
Commission exercised jurisdiction to determine whether matter of residency was a mandatory subject of bargaining despite pending court proceeding to determine constitutionality of residency ordinance.
City of Clintonville (12187-A) 5/74
M480 STRIKE ACTIVITY
M481 IN GENERAL
In connection with unlawful strike activities, although strikes are not prohibited practices within the meaning of Sec. 111.70, where municipal employes or their agents engage in accompanying acts of interference, restraint or coercion of employes, the Commission has jurisdiction to restrain such accompanying activities as prohibited practices.
Wauwatosa Board of Education (8636) 7/68
M500 PRACTICE AND PROCEDURE BEFORE
THE COMMISSION
*M510 IN GENERAL
*M511 COMPUTING TIME FOR SERVING NOTICE
M520 DECLARATORY RULINGS
M521 PURPOSE
*m522 NATURE OF PROCEEDING
M523 PETITION
*M524.1 Service
*M524.2 Effect of Detective Petition
*m525 NATURE OF ISSUES INVOLVED
M530 REPRESENTATION PROCEEDINGS
*M531 NATURE
M532 PARTIES
*M532.1 Labor Organization
*M532.2 Individual Employes
New M532.3 Intervenor
M533 PETITION
*M533.1 Failure to Receive Copy of Petition
*M533.2 Failure to Designate Local Organization
*M533.4 Amendment
*M533.5 Withdrawal
New M533.6 Showing of Interest
*M534 STIPULATION FOR ELECTION
M535 HEARING
*M535.1 Nature of Hearing
*M535.2 Notice of Hearing
M535.3 List of Employes
*M535.4 Briefs
14ew M535.5 Failure to Appear at Hearing
New M535.6 Applicability of Sec. 227, Wisconsin Statutes
M536 DIRECTION
New M536.1 Request to be Removed from Ballot
M537 ELECTION
New M537.1 Effect of Complaint Proceeding
New M537.2 Involving Professionals and Non-Professionals
New M537.3 Mail Balloting (M537.1 in Vol. I)
M537.4 Challenged Ballots (MS37.2 in Vol. I)
M537.5 Objections to Conduct of Election (M537.3 in Vol. I)
*M537.5.1 Purpose (M537.3.1 in Vol. I)
*M537.5.2 Form (M537.3.2 in Vol. I)
*M537.5.3 Nature (M537.3.3 in Vol. I)
New M537.5.4 Disposition
*Cases appear in Vol. I of Digest only.
M538 CFRTIFICATION OF RESULTS
*M538.1 Effect of Domination
M538.2 Amendment of Certification
New M538.3 Certification Set Aside
New M539 MISCELLANEOUS
M539.1 Clarification of Bargaining Unit (M538.3 in Vol. I)
New M539.2 Accretion to Existing Unit
New M539.3 Successor to Bargaining Representative
M540 COMPLAINT PROCEEDINGS
M541 STATUTE OF LIMITATIONS
M542 PARTIES
M543 PLEADINGS
New M544 DEPOSITIONS
New M545 HEARING
New M545.1 Motion for Delay of Hearing
*M546 RECORD (M544 in Vol. I)
New M547 DECISION OF EXAMINER
M548 COMMISSION ORDER (M545 in Vol. I)
(a) New M550 REFERENDUM PROCEEDINGS
M551 IN GENERAL
(a) New M560 PROCEEDINGS INVOLVING THE ARBITRATION
OF GRIEVANCES
M561 ADVISORY ARBITRATION BY COMMISSION OR STAFF
M562 ENFORCEMENT OF ARBITRATION AWARDS
New M570 IMPASSE PROCEEDINGS
*M571 MEDIATION (M560 in Vol. I)
*M571.1 Non-Public in Nature (M561 in Vol. I)
*M571.2 Open Meeting on Employer’s Final Action (m562 in Vol. I)
M572 FACT FINDING (M550 in Vol. I)
M572.1 Parties (M551 in Vol. I)
*m572.2 Effect of Question Concerning Representation (M552 in Vol. I)
*M572.3 Effect of Existing Strike (M553 in Vol. I)
*M572.4 Effect of Budget Adoption (MS54 in Vol. I)
*M572.5 Official Recognition of Deadlock (M555 in Vol. I)
*M572.6 Determination that Conditions for Fact Finding Exist (M556 in Vol. I)
*M572.7 Consolidation of Fact Finding Proceedings (M557 in Vol. I)
*M572.8 Hearing Before the Fact Finder (M558 in Vol. I)
*M572.8.1 Jurisdiction of Fact Finder (M558.1 in Vol. I)
*M572.8.2 Subpoenas (M558.2 in Vol. I)
M572.9 Effect of Recommendations (M559 in Vol. I)
(a) New M573 POLICE AND FIREFIGHTER INTEREST ARBITRATION
M573.1 Effect of Pending Complaint Proceeding
*M580 STRIKES IN MUNICIPAL EMPLOYMENT (M570 in Vol. I)
*M581 ROLE OF WERC (M571 in Vol. I)
*Cases appear in Vol. I of Digest only.
(a) Entire section is new.
M500 PRACTICE AND PROCEDURE BEFORE THE COMMISSION
M520 DECLARATORY RULINGS
M521 PURPOSE
Declaratory Rulings under Sec. 111.70(4)(b) of MERA involve a determination as to whether a particular subject is a matter of wages, hours and conditions of employment, and therefore a subject of collective bargaining, or whether such subject is reserved to management, and therefore excluded from the scope of bargaining.
City of Clintonville (12187-A) 5/74
M523 PETITION
Rule ERB 18.02 and 18.03 do not require parties to a Declaratory Ruling proceeding to set forth in detail every conceivable argument and authority, in support of their respective positions, in the petition or the response thereto filed with the Commission.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827) 5/73; City of Beloit (Schools) (11831) 5/73
The Commission will treat petitions of Declaratory Rulings to clarify an existing bargaining unit as a unit clarification petition filed pursuant to Sec. 111.70(4)(d) and not as a proceeding under Sec. 111.70(4)(b).
Greendale Board of Education (12611) 4/74
M533 PETITION
New
M533.6 Showing of Interest
Where there exists a bargaining representative, since the determination of the sufficiency of the showing of interest filed in support of a petition for an election is administrative, the Commission’s determination thereof is not subject to review by the parties.
Milwaukee Board of School Directors (11165) 7/72
M535 HEARING
M535.3 List of Employes
Where, at hearing, employer failed to produce list of employes employed in unit involved, Commission directed employer to submit such list to Commission and unions involved within ten days. Commission further provided that said organizations could, within ten days of the receipt of said list, advise the Commission as to respective challenges, if any, and if deemed necessary, Commission would schedule further hearing, prior to the election, with respect to the determination as to eligibles.
Two Rivers Municipal Hospital (11513) 1/73
The Commission in its Notice of Hearing requests the Employer to bring a list of employes, in the unit involved, to the hearing in order to provide the parties with an opportunity to state their objections with respect to the proposed inclusion or exclusions from the unit.
City of Watertown (12179) 9/73
M530 REPRESENTATION PROCEEDINGS
M532 PARTIES
New
M532.3 Intervenor
Commission will not permit organization to intervene in an election proceeding where it does not claim to represent any employes in the unit involved.
Lac Du Flambeau Jt. School Dist. No. 1 (10649) 11/71
Where the petitioning organization was required to provide a showing of interest in order to process its petition, intervening union, while permitted to participate in the hearing, which did not submit a 10 percent showing of interest within the time set therefore by the Hearing officer, was not placed on election ballot.
Brown County (11983) 6/73
Incumbent collective bargaining representative will be permitted to intervene in a representative proceeding where such representative status is challenged, so long as incumbent representative continues to claim to represent employes in the unit.
Hortonville Jt. School Dist. No. 1 (12823) 6/74; La Crosse County (12931) 8/74
New
M535.5 Failure to Appear at Hearing
Failure of petitioning union to appear at hearing on petition for election, in which proceeding another labor organization had intervened, did not warrant exclusion of petitioning union from ballot. Rule ERB 10.13(4) does not require such action by the Commission.
Algoma Memorial Hospital (11801)
New
M535.6 Applicability of Sec. 227, Wisconsin Statutes
Where election hearing was recorded on tape, and members of the Commission listened to tapes prior to decision rendered in election case, and further where parties were afforded the opportunity to listen to the tapes prior to Commission’s decision, Hearing officer was not required to present a written summary of the evidence and his recommended decision to the parties as required in Sec. 227.12, Wis. Stats.
Menomonee Falls Jt. School Dist. No. 1 (11669) 3/73
M536 DIRECTION
New
M536.1 Request to be Removed from Ballot
Following issuance of Direction of Election, and after printing of ballots and receipt of election notices, Commission denied request of one of the two unions on the ballot to be removed therefrom, when such request was received only five days prior to the balloting.
Eau Claire Technical Institute (11683-A) 4/73
Where Commission directed election in unit found appropriate, which unit was not originally claimed appropriate by petitioning organization, direction permitted organization to indicate that it did not desire an election.
Milwaukee County (12571) 3/74
M537 ELECTION
New
M537.1 Effect of Complaint Proceeding
Where union involved in election proceeding waived complaint filed by it as affecting the results of the election, Employer has no standing to require that the election be delayed.
Two Rivers Memorial Hospital (11513-A) 1/73
New
M537.2 Involving Professionals and Non-Professionals
Where there exists a request to include professional employes in a unit of non-professionals, the Commission will conduct the election as follows:
(1) The ballots cast by the professionals as to their desire to be included in the non-professional unit will be tallied first.
(2) If a majority of the eligible professionals do not vote in favor of inclusion in the non-professional unit, the challenged representation ballots cast by the professionals will be opened and counted separately, as will the ballots cast by the non-professional employes.
(3) If the professional employes vote in favor of being included in the non-professional unit, the Commission agent conducting the balloting shall co-mingle the ballots cast by the professionals and thereupon tally the combined ballots.
Portage County (11038) 9/72; Milwaukee Voc. Dist. No. 9 (11267) 9/72; City of Wauwatosa (11547) 1/73; City of Stevens Point (12201) 10/73; Shawano County (12310) 12/73; Pierce County (12316) 12/73; St. Croix County (12338) 12/73; Kewaunee County (13185) 11/74
Where only one professional employe was involved in election to determine whether he desired to accrete to existing unit of non-professionals,
and where only one organization was involved, Commission directed that if said employe voted against accretion he would be deemed to have rejected representation.
Milwaukee Board of School Directors (11206-A) 8/73
M537.3 Mail Balloting
Where Direction of Election involving teachers was issued during summer vacation period, the Commission afforded the parties the choice of mail balloting during vacation period or manual balloting after the commencement of the following school term, with the eligibility date established after the start of said term.
Waukesha Voc. Dist. No. 8 (11076) 6/72
M537.4 Challenged Ballots
Where litigation was pending concerning teacher’s non-renewal, Commission directed that, should said teacher present herself to vote, her ballot should be challenged by the Commission’s agent conducting the balloting.
Lakeside Graded School Dist. No. 7 (11802) 4/73
Where termination of employe is being contested in an unfair labor practice proceeding, said employe is entitled to cast a challenged ballot.
Juneau County (12814) 8/74
Where challenged ballots do not affect results of election, wherein employes selected bargaining representative, Commission, following issuance of certification, will, at request of parties, set hearing to take evidence to determine whether employes, whose ballots were challenged, should be included in unit.
Juneau County (12814) 8/74
M537.5 Objections to Conduct of Election
New
M537.5.4 Disposition
Where there was no objection to eligibility list utilized in original election and the same list and eligibility date were utilized in run-off election, Commission dismissed objections to conduct of run-off election contending that list of eligibles was incorrect.
Manitowoc County (10899-B) 3/72
Commission may dismiss objections to conduct of election without a hearing, when, on the fact thereof, the objections as alleged are without merit.
City of Racine (10389-D) 4/72
Where Commission set aside results as a result of unlawful interference by municipal employer by indicating preference to organization not on ballot, and where objecting organization did not indicate desire,
within two months after conduct of election, for a new election, Commission dismissed election proceeding and indicated that it would not entertain a new petition for at least a ten-month period following the Commission’s Order setting aside the election.
Western Wisconsin Technical Institute (12257-C) 10/74
M538 CERTIFICATION OF RESULTS
M538.2 Amendment of Certification
By stipulation of parties, Commission amended certification to reflect change in name of county health facility and to reflect changes in supervisory exclusions.
Dunn County (7650-A) 6/73
Where Bus Aides positions were eliminated by School Board, Commission, on stipulation of parties, amended certification to delete such position from unit.
Kenosha Unified School Dist. No. 1 (11293-B) 9/74
New
M538.3 Certification Set Aside
Where the Commission directed and conducted elections based on a stipulation filed by a union and the municipal employer, and certified the results thereof, the Commission set aside the certification, where the parties to the stipulation neglected to notify the Commission that another employe organization had been previously certified as the collective bargaining representative of certain employed included in the unit set forth in the stipulation, and when, in fact, the latter organization and the municipal employer were engaged in negotiations at the time the stipulation was filed.
Douglas County (10506-A) 2/72
Commission set aside certification at request of employe organization after it had been required to renounce same pursuant to constitution of parent organization.
Manitowoc County (12248-C) 3/74
New
M539 MISCELLANEOUS
M539.1 Clarification of Bargaining Unit
Purpose of processing petitions for clarification of bargaining units is to determine whether positions which were overlooked in the original proceeding, or not in existence at the time, should or should not be included in the existing unit.
Walworth County (11686) 3/73
Petition to clarify an existing bargaining unit is not barred by an existing collective bargaining unit.
Wausau School District (10371-A) 4/72; Racine County (11257) 8/72; City of Waukesha (11342) 1/72; City of Milwaukee (10835-A) 12/72; City of Wauwatosa (11633) 2/73; Walworth County (11686) 3/73
Commission held in abeyance determination with respect to clarification of bargaining unit since Sheriff’s Department was in the midst of creating new positions.
Racine County (11257) 8/72
Although petitions for unit clarifications filed pursuant to Chapter ERB 11 of the Commission’s rules are to be preferred as simpler, the Commission has in the past entertained a number of petitions for Declaratory Rulings filed pursuant to Sec. 227.06, Wis. Stats., for the purpose of clarifying bargaining units.
City of Cudahy (9381) 2/69; City of Milwaukee (6960-F) 1/70; Village of West Milwaukee (9576) 4/70; Whitefish Bay Schools (10799) 2/72; Wausau School District (10371-A) 4/72; City of Milwaukee (10835-A) 12/72
Commission held it would be improper to amend an appropriate collective bargaining unit, which included only full time teachers, by way of “unit clarification” to include substitute teachers.
Greendale Board of Education (12611) 4/74
Commission will not entertain petitions for unit clarification filed by individual employes.
City of Green Bay (12682) 5/74
New
M539.2 Accretion to Existing Unit
An accretion of positions to an existing unit is appropriate where (1) the size of the unit has not been significantly affected by the inclusion of additional positions, thus not affecting the representative status of the union, and (2) the employes in the existing unit and the employes in accreted positions perform similar or related duties and share a community of interest.
City of Fond du Lac (11830) 5/73; City of Menasha (11714-A) 6/73; Monroe County (11913) 6/73; Rock County (13131) 11/74
The Commission will not permit the accretion of regular part-time employes and seasonal employes to the existing unit without granting such employes an opportunity to determine for themselves whether they desire to accrete to the existing unit, consisting of full-time employes. Should the required number of such employes vote in favor of such accretion, the Commission will subsequently amend the original certification to reflect the accretion of regular part–time and seasonal employes.
City of Wauwatosa (11633) 2/73
Where Union, which represented all otherwise eligible employes of City in an appropriate unit, petitioned commission to accrete Department of Transportation employes, who had become municipal employes as a result of City’s assumption of ownership of bus company, Commission ordered such accretion, being satisfied that the small number of employes so involved would not affect the representative status of the union. However, such accretion did not extend the existing collective bargaining agreement to said accreted employes.
City of Fond du Lac (11830) 5/73
Bridge Tenders accreted to existing unit of Highway Department employes, however existing agreement does not automatically extend to such employes.
Pierce County (11843) 5/73
Food Service Supervisor, Laundry Supervisor and Licensed Practical Nurses accreted to existing unit, however existing agreement does not automatically extend to such employes.
Monroe County (11913) 6/73
Where Police Parkettes were deprived of their powers of arrest, Commission, upon petition of organizations which represented city-wide unit, afforded said employes the opportunity to vote whether they desired to accrete to said unit and should they reject such accretion they will be deemed to reject representation. Should they accrete and their powers of arrest are restored, as planned, they shall automatically be excluded from said city-wide unit.
City of Wauwatosa (12032) 7/63
Commission will not permit accretion to existing unit where it is patently clear that employes which the union desires to be included in existing unit cannot be included therein, since they were employed in departments other than described in existing unit. Should the union desire to represent said employes, Commission will grant employes opportunity to vote to accrete or to select the union as their representative in a separate unit.
City of Chippewa Falls (12199) 10/73
Where Social Services Department non-professional employes function in a department separate from employes in existing unit, and where the accretion of the non-professional employes in the Social Services Department to the existing unit would result in a significant increase in the size of said unit and would delay bargaining for said non-professional employes in the Social Services Department because of existing collective bargaining agreement covering unit employes for the years 1974 and 1975, Commission refused to accrete said unrepresented employes to existing unit, but directed an election among said employes.
St. Croix County (12338) 12/73
Commission accreted remaining unrepresented blue collar positions to existing blue collar unit.
City of Racine (12358) 12/73
Commission directed election providing part time teachers opportunity to accrete to voluntarily recognized unit of full time teachers. Should said part time teachers vote to accrete to existing unit, such accretion will not extend the existing collective bargaining agreement to said accreted employes.
River Falls Jt. School Dist. No. 1 (12688) 5/74
Where parties had previously excluded paraprofessionals from unit of teacher aides on the belief that funding for paraprofessionals would not become available, Commission subsequently accreted para-professionals to teacher aide unit, when said funding continued, without requiring an election among the paraprofessionals since the latter employes in rejecting accretion could result in establishing a separate unit and thus constitute an undesirable fragmentation.
Sheboygan Jt. School Dist. No. 1 (12897) 7/74
Where there exists a voluntarily recognized unit and where certain classifications of employes have been excluded from the unit, and a party involved in the recognition agreement opposes the proposed expansion, the Commission will not expand said unit without an election in the unit deemed appropriate.
City of Cudahy (12997) 9/74; Fox Valley Tech Institute (13204) 12/74
Where original exclusion of employes was based on statutory grounds, Commission expanded unit to include employes so previously excluded.
City of Cudahy (12997) 9/74
Commission will not order accretion of relatively large existing unit to a much larger existing “overall” unit without affording the employes in the former unit a voice in the matter, Commission’s direction afforded the employes the opportunity to select their present representative, the organization which represented the “overall” unit, or no representative, should the employes select the organization which represents the “overall” unit, such result will be deemed an intention that the employes desire to be included in the overall unit.
City of Milwaukee (13099) 10/74
Commission indicated that it would entertain petition for an election in a unit consisting of all unrepresented professional employes, and should such employes vote for representation by organization which represents larger unit of professionals, the Commission would merge the residual unit with the larger professional unit.
Fox Valley Technical Institute (13204) 12/74
New
M539.3 Successor to Bargaining Representative
Successorship to bargaining representative may be determined by proceedings which do not require an election.
North Lake Jt. School Dist. No. 7 (12829) 6/74
M540 COMPLAINT PROCEEDINGS
M541 STATUTE OF LIMITATIONS
Where activity alleged to constitute a prohibited practice occurred more than one year prior to the date on which complaint is filed,
Sec. 111.07(14) precludes the Commission from finding such activity a prohibited practice.
City of Milwaukee (13093) 10/74; City of Sheboygan (12134-A,B) 11/74
M542 PARTIES
Municipal Employer’s motion that additional employes, not named as individual complainants, be made parties to complaint proceeding was denied, since said employes made no such request, nor was there any claim by the Municipal Employer that said employes had made such a request to the Municipal Employer.
Green Bay Jt. School Dist. No. 1 (10722-A) 2/72
Teachers’ association, which is a party to the collective bargaining agreement, is a proper party in interest with respect to School Board’s alleged violation of said agreement in refusing to proceed to advisory arbitration with respect to the non-renewal of a teacher.
Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73
The fact that employe organization was not certified as the bargaining representative did not diminish its capacity to assert rights under MERA,
City of Superior (11560-B,C) 5/74
Labor organization not involved in alleged discrimination because of concerted activity was not permitted to intervene in complaint proceeding.
City of Milwaukee (13093) 10/74
M543 PLEADINGS
After a complaint has been filed and served upon the Respondent, the Commission will not permit the Complainant to withdraw the complaint without prejudice, except upon good cause shown.
City of Green Bay, et al (10697-A) 12/71; City of Superior (10681-A) 12/71
Commission dismissed complaint without prejudice at request of Complainant to file a new complaint, following motion of the Respondent to make original complaint more definite and certain.
City of Green Bay, et al (10697-A) 12/71
Motion to dismiss complaint, on basis that matters alleged therein were specifically excluded from review by an existing collective bargaining agreement, and further, that such matters did not constitute a prohibited practice at the time such agreement was reached, was denied, since allegations in the complaint set forth matters in the nature of a contested case within the meaning of Sec. 111.07 and 227, Wis. Stats.
Kimberly Jt. School Dist. No. 6 (10926-A) 6/72
Petition for leave to amend answer pursuant to ERB 22.03(5), filed after issuance of Examiner’s order, deemed untimely filed.
City of Brookfield (11406-B) 9/73
New
M544 DEPOSITIONS
Commission denied motion of Respondent to take a deposition of an alleged agent of the Complainant, since evidence sought could be adduced during the hearing through examination of such individual, and if need be, Respondent could, prior to the close of the hearing, amend its answer.
Green Bay Jt. School Dist. No. 1 (10722-A) 2/72
New
M545 HEARING
M545.1 Motion for Delay of Hearing
Motion requesting delay of hearing on a complaint alleging a discriminatory discharge, on ground that the decision of the Police and Fire Commission resulting in the termination of the employe involved had been appealed to the Circuit Court, was denied by the Commission since the issues involved in the complaint were different than those determined by the Police and Fire Commission.
City of Ashland (10984-A) 6/72
New
M547 DECISION OF EXAMINER
Commission denied complainant’s motion to seek enforcement of Examiner’s decision while Commission was in the process of considering respondent’s petition for review.
Racine Unified School Dist. No. 1 (11315-C) 3/74
M548 COMMISSION ORDER
Sec. 111.07(4), Wis. Stats., providing that Commission shall make and file its findings of fact, conclusions of law and order, within sixty days after hearing all testimony and arguments, is directory and not mandatory.
Green Bay Jt. School Dist. No. 1 (9095-E) 9/71 (Aff. Brown Co. -Cir. Ct. 12/72)
New
(a) M550 REFERENDUM PROCEEDINGS
M551 IN GENERAL
Referenda regarding the continuation of “fair-share” agreements are con-ducted pursuant to Section 111.70(2) of the Municipal Employment Relations Act and the appropriate regulations of the Commission, and not in accordance with agreements of-the parties thereto which would conflict with such statutory provisions and regulation.
Fort Atkinson Jt. School Dist. No. 6 (13034) 11/74
(a) Entire section is new.
Letter by supervisory employe, sent on behalf of employes protesting the manner in which notices of referendum were posted, where municipal employer had advised that notices were properly posted, not considered a proper objection.
Blackhawk Voc. Tech. District No. 5 (12523) 3/74
New
(a) M560 PROCEEDINGS INVOLVING THE ARBITRATION OF GRIEVANCES
M561 ADVISORY ARBITRATION BY COMMISSION OR STAFF
The Commission believes it would be an abuse of the Commission’s procedures to have one of its staff members issue an advisory award, and if not implemented by the parties, to be required to proceed in a prohibited practice complaint on the same issue involved in the advisory arbitration. Regardless of the provisions of the collective bargaining agreement, the Commission will not appoint any member of its staff or Commission to issue advisory arbitration awards since such awards are not final and binding upon the parties, for the reason that under the present law, such procedure would provide the parties with “two bites at the apple”. The parties should either agree to final and binding arbitration or the party claiming that the agreement has been violated may proceed in a prohibited practice complaint proceeding before the Commission.
Superior Board of Education (11286-A) 10/72; Alma Center School Dist. No. 3 (11528) 2/73
M562 ENFORCEMENT OF ARBITRATION AWARDS
In an action to enforce an arbitration award in a prohibited practice proceeding, alleging a violation of Sec. 111.70(3)(a)5, the Commission will not make a de novo determination of the issues before the arbitrator, however it will consider the standards established in Sec. 298.10, Wis. Stats., if pleaded.
City of Neenah (10716-A) 5/72
New
M570 IMPASSE PROCEEDINGS
M572 FACT FINDING
M572.1 Parties
Since Sec. 111.77 of MERA provides for final and binding arbitration with respect to impasses in collective bargaining involving law enforcement and firefighter personnel, fact finding procedures are not applicable to such employes.
Marinette County (11090) 6/72
M572.9 Effect of Recommendations
If a Fact Finder’s recommendations, which the parties agreed would be final and binding, are not clear to the parties, thus resulting in a dispute as the interpretation of said recommendations, the Fact Finder should resolve the issue. The Commission ordered the matter remanded to the Fact Finder to resolve said issue.
Superior Board of Education (111286-A) 10/72
(a) Entire section is new.
(a) New
M573 POLICE AND FIREFIGHTER INTEREST ARBITRATION
M573.1 Effect of Pending Complaint Proceeding
Where City filed a complaint alleging Policemen’s association failed to bargain in good faith and thereafter association filed a petition alleging that the parties reached an impasse in bargaining and requested that the Commission initiate final and binding arbitration, Commission denied City’s motion to adjourn hearing on the petition and consolidated hearings since the issues in both proceedings were entwined.
City of Milwaukee (13167) 11/74
M600 PRACTICE AND PROCEDURE BEFORE THE COURTS
M610 JUDICIAL REVIEW OF REPRESENTATION PROCEEDING
*M611 IN GENERAL
*M620 JUDICIAL REVIEW OF PROHIBITED PRACTICE
PROCEEDINGS
*M621 IN GENERAL
*M630 JUDICIAL REVIEW OF FACT FINDING PROCEEDINGS
*M631 IN GENERAL
*Cases appear in Vol. I of Digest only.
M600 PRACTICE AND PROCEDURE BEFORE THE COURTS
M610 JUDICIAL REVIEW OF REPRESENTATION PROCEEDING
M611 IN GENERAL
Determination of Commission as to whether certain positions are or are not supervisory is subject to judicial review, pursuant to Chap. 227, Wis. Stats.
City of Janesville, Dane Co. Cir. Ct. 8/74 (Dec. No. 12450-A)
M700 COMMISSION ORDERS REMEDYING
PROHIBITED PRACTICES
*M710 COMMISSION’S AUTHORITY TO ISSUE
REMEDIAL ORDERS
*M711 IN GENERAL
M720 RIGHT TO RELIEF
M721 IN GENERAL
M730 CEASE AND DESIST ORDERS INVOLVING MUNICIPAL
EMPLOYER PROHIBITED PRACTICES
M731 RELATING TO INTERFERENCE, RESTRAINT AND COERCION IN VIOIATION OF SEC. 111.70(3)(a)l
*M731.1 Interrogation of Employes
M731.2 Threatening Employes with Reprisals
*M731.3 Promising Benefits to Employes to Forego Concerted Activity
*M731,4 Requesting Employes to Work Against Concerted Activity
*M731.5 Assisting organization in Obtaining Membership
M731.6 Assisting One of Two Rival organizations
*M731.7 Granting Recognition During pendency of Question Concerning Representation
M731.8 Failure to Recognize Majority Representative
*M731.9 Interference with Right of Representation
M731.10 Miscellaneous Acts of Interference
(a) New M732 RELATING TO INITIATION, CREATION OR INTERFERENCE WITH THE FORMATION OR ADMINISTRATION OF LABOR ORGANIZATION IN VIOLATION OF SEC. 111. 70 (3) (a) 2
M732.1 In General
M733 RELATING TO DISCRIMINATION IN VIOLATION OF SEC, 111.70(3)(a)3 (M732 in Vol. 1 of Digest)
M733.1 Discharge Resulting From Concerted Activity
*M733.2 Failure to Renew Teaching Contract
*M733.3 Suspensions Resulting from Concerted Activity
M733.4 Reassignment Resulting from Concerted Activity
*M733.5 Deduction from Pay for Failure to Attend Teacher Convention
*M733.6 Denial of Privileges
*M733.7 Changing Working Conditions
New M733.8 Failure to Pay for Attendance at Teacher’s Convention
(a) New M734 RELATING TO REFUSAL TO BARGAIN IN VIOLATION OF SEC. 111.70(3)(a)4
M734.1 Generally
M734.2 Unilateral Action by Municipal Employer
M734.3 Retroactivity of Wage Increases
M734.4 Exclusive Recognition
M734.5 Ratification of Tentative Agreement
*Cases appear in Vol. I of Digest only.
(a) Entire Section is new.
(a) New M735 RELATING TO VIOLATIONS OF COLLECTIVE BARGAINING AGREEMENTS IN VIOLATION OF SEC. 111.70(3)(a)5
M735.1 Grievance and Arbitration Provisions
M735.2 Wages and Other Types of Pay Provisions
M735.3 Provisions Relating to Working Conditions
M735.4 Provisions Relating to Termination of Employment
(a) New M736 RELATING TO FAILURE TO IMPLEMENT ARBITRATION AWARDS IN VIOLATION OF SEC. 111.70(3)(a)5
M736.1 Relating to Fringe Benefits
(a) New M737 RELATING TO UNAUTHORIZED DEDUCTION OF DUES IN VIOLATION OF SEC. 111. 7 0 (3) (a) 6
M740 AFFIRMATIVE ACTION ORDERS INVOLVING
MUNICIPAL EMPLOYER PROHIBITED PRACTICES
M741 RELATING TO ACTS OF INTERFERENCE, RESTRAINT AND COERCION IN VIOLATION OF SEC. 111.70(3)(a)l
m741.1 Regarding Interference with Concerted Activity
M741.2 Regarding Assistance to One of Two Labor organizations
*M741.3 Relating to Recognition
*M741.4 Relating to Right of Representation
(a) New M742 RELATING TO ACTS OF INITIATION, CREATION, DOMINATION, OR INTERFERENCE WITH FORMATION OF LABOR ORGANIZATION IN VIOLATION OF SEC. 111.70(3)(a)2 (No Decisions)
M743 RELATING TO ACTS OF DISCRIMINATION IN VIOLATION OF SEC. 111.79(3)(a)3 (M742 in Vol. I of Digest)
M743.1 Suspensions or Discharges Resulting From Concerted Activity
*M743.2 Failure to Renew Teacher Contract
M743.3 Reassignment
M743.4 Failure to Pay for Attendance at Teacher Convention
M743.5 Nature of Back Pay Orders
(a) New M744 RELATING TO REFUSAL TO BARGAIN IN VIOLATION OF SEC. 111.70(3)(a)4
M744.1 In General
(a) New M745 RELATING TO VIOLATION OF COLLECTIVE BARGAINING AGREEMENTS IN VIOLATION OF SEC. 111.70(3)(a)5
M745.1 Provisions Relating To Grievances and Arbitration
M745.2 Provisions Relating to Wages and Other Pay
M745.3 Provisions Relating to Fringe Benefits
M745.4 Provisions Relating to Hours of Work
M745.5 Provisions Relating to Discharge and Termination of Employment
(a) New M746 RELATING TO REFUSAL TO ABIDE WITH ARBITRATION AWARD IN VIOLATION OF SEC. 111.70(3)(a)5
M746.1 In General
(a) New M747 RELATING TO UNAUTHORIZED DEDUCTION OF DUES IN VIOLATION OF SECTION 111.70(3)(a)5 (No Decisions)
(a) New M748 DAMAGES, FEES AND COSTS
M748.1 In General
M749 NOTIFICATION BY MUNICIPAL EMPLOYER WITH REFERENCE TO PROHIBITED PRACTICES FOUND To HAVE BEEN COMMITTED (M743 in Vol. I of Digest)
M749.1 To Labor Organizations
M749.2 To Employes Generally
m749.3 To Commission with Respect to Compliance
*Cases appear in Vol. I of Digest only.
(a) Entire section is new.
M750 CEASE AND DESIST ORDERS INVOLVING MUNICIPAL
EMPLOYE PROHIBITED PRACTICES
M751 RETATING TO ACTS OF COERCION OR INTIMIDATION OF EMPLOYES IN VIOLATION OF SEC. 111.70(4)(b)l
M751.1 In General
(a) New M752 RELATING TO ACTS OF COERCION OR INTIMIDATION OR INDUCEMENT OF OFFICERS OR AGENTS OF EMPLOYER IN VIOLATION OF SEC. 111.70 (3)(b)2 (No Decisions)
(a) New M753 RELATING TO REFUSAL TO BARGAIN IN VIOLATION OF SEC. 111.70 (3)(b)3
M753.1 In General
(a) New M754 RELATING TO VIOLATION OF COLLECTIVE BAR(IAINING AGREEMENTS IN VIOLATION OF SEC. 111.90(3)(b)4 (No Decisions)
(a) New M755 RELATING TO REFUSAL TO ABIDE WITH ARBITRATION AWARDS IN VIOLATION OF SEC. 111.70(3)(b)4 (No Decisions)
(a) New M756 RELATING TO INDUCING NON-EMPLOYES TO BECOME A MEMBER OF LABOR ORGANIZATION IN VIOLATION OF SEC. 111.70(3)(b)5 (No Decisions)
M760 AFFIRMATIVE ACTION ORDERS INVOLVING , MUNICIPAL EMPLOYE PROHIBITED PRACTICES
M761 RFLATING TO ACTS OF COERCION OR INTIMIDATION OF EMPLOYES IN VIOLATION OF SEC. 111.70(3)(b)l
(a) New M762 RELATING TO ACTS OF COERCION, INTIMIDATION OR INDUCEMENT OF OFFICERS OR AGENTS OF EMPLOYER IN VIOLATION OF SEC. 111.70 (3)(b)2
(a) New M763 RELATING TO REFUSAL TO BARGAIN IN VIOLATION OF SEC. 111.70(3)(b)3
M763.1 In General
(a) New M764 RELATING TO VIOLATION OF COLLECTIVE BARGAINING AGREEMENTS IN VIOLATION OF SEC. 111.70(3)(b)4
(a) New M765 RELATING TO INDUCING NON-EMPLOYES TO BECOME A MEMBER OF LABOR ORGANIZATION IN VIOLATION OF SEC. 111.70(3)(b)5
(a) New M766 NOTIFICATION BY MUNICIPAL EMPLOYES WITH REFERENCE TO PROHIBITED PRACTICE ORDERS
New M766.1 To Employer
New M766.2 To Employes Generally
New M766.3 To Commission with Respect to Compliance
M770 CEASE AND DESIST ORDERS INVOLVING THIRD PARTY PROHIBITED PRACTICES IN VIOLATION OF SEC. 111.70(3)(c)
M780 AFFIRMATIVE ACTION ORDERS INVOLVING THIRD PARTY PROHIBITED PRACTICES IN VIOLATION OF SEC. 111.70(3)(c)
(a) Entire Section is new.
M700 COMMISSION ORDERS REMEDYING PROHIBITED PRACTICES
M720 RIGHT TO RELIEF
M721 IN GENERAL
The remedies which the Act contemplates for prohibited practices by municipal employers lie in the Act’s own provisions, and not in self-help response such as refusing to attend work, or bringing about one’s own discharge as a preliminary to seeking reinstatement as a remedy for the employer’s prohibited practices.
De Forest Jt. School Dist. No. 10 (11492-A,B) 12/73
M730 CEASE AND DESIST ORDERS INVOLVING MUNICIPAL
EMPLOYER PROHIBITED PRACTICES
M731 RELATING TO ACTS OF INTERFERENCE, RESTRAINT AND COERCION IN VIOLATION OF SEC. 111.70(3)(a)1
M731.2 Threatening Employes with Reprisals
Municipal employer ordered to cease and desist from threatening employes with changes in working conditions if employes engaged in protected concerted activity.
City of Evansville (9440-A,C) 3/71 (Aff. Rock Co. Cir. Ct. 5/72)
City ordered to cease and desist from threatening employes with loss of employment or changes in wages, hours or conditions of employment for the purpose of discouraging concerted activity.
City of Wisconsin Dells (11646) 3/73; City of Superior (11560-B,C) 5/74
M731.6 Assisting One of Two Rival Organizations
School Board ordered to cease and desist from granting exclusive use of its bulletin boards and teacher mailboxes to bargaining representatives for the posting and distribution of printed matters relating to its internal and organization affairs, while at the same time denying such privileges to minority organization, and also to cease and desist from giving effect to the provision in the collective bargaining agreement providing for such exclusive use.
Milwaukee Board of School Directors (9258-A) 11/74
M731.8 Failure to Recognize Majority Representative
Municipal Employer ordered to cease and desist from failing to recognize union as exclusive bargaining representative of employes in an appropriate unit following determination of such status by Commission.
City of Evansville (9440-A, 9440-C) 3/71 (Aff. Rock Co. Cir. Ct. 5/72)
M731.10 Miscellaneous Acts of Interference
City ordered to cease and desist for making statements to employes which are calculated to discredit and undermine the prestige and authority of their exclusive bargaining representative.
City of Wisconsin Dells (11646) 3/73
School Board ordered to cease and desist from interfering in any manner, with rights of employes.
Lake Holcombe Jt. School Dist. No. 11 (11676-A,B) 5/73
School Board ordered to cease and desist from photographing pickets engaged in lawful picketing.
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
Village ordered to cease and desist from engaging in acts of interference of denying former privileges to union and by limiting fire fighter trade requests.
Village of Shorewood (13024) 9/74
Municipal Employer ordered to cease and desist from showing any preference to any organization in any election among its employes.
Western Wisconsin Technical Institute (12355-B) 8/74
Where municipal employer unlawfully showed preference to organization not on election ballot, Commission ordered municipal employer to refrain from bargaining and/or recognizing any organization for one year following the holding of new election, unless such organization has been certified as the collective bargaining representative.
Western Wisconsin Technical Institute (12355-B) 8/74
County ordered to cease and desist from threatening employes with loss of employment or being placed on probation in order to discourage their concerted activity.
St. Croix County (12753-A,B) 12/74
(a) New
M732 RELATING TO ACTS OF INITIATION, CREATION OR INTERFERENCE WITH THE FORMATION OF ADMINISTRATION OF LABOR ORGANIZATION IN VIOLATION OF SEC. 111.70(3)(a)2
M732.1 In General
County ordered to cease and desist in the formation or development of employe organization.
Dane County (11622-A) 10/73
M733 RELATING TO ACTS OF DISCRIMINATION IN VIOLATION OF SEC. 111.70(3)(a)3
M733.1 Discharge Resulting From Concerted Activity
Municipal employer ordered to cease and desist from discouraging membership in labor organization by discharging employes because of their concerted activity.
City of Wisconsin Dells (11646) 3/73; St. Croix County (12735-A,B) 12/74
(a) Entire section is new. M733.4 Reassignment Resulting from Concerted Activity
City ordered to cease and desist from demoting employes because of their concerted activity.
City of Superior (11560-B,C) 5/74
New
M733.B Failure to Pay for Attendance at Teacher’s Convention
School board ordered to cease and desist from discriminatory refusal to pay a teacher for attendance at convention of minority organization, where such convention was held on same dates on which majority organization conducted its convention and where teachers who attended same did so without loss of pay.
Menomonie Board of Education (10792) 2/72
(a) New
M734 RELATING TO REFUSAL TO BARGAIN IN VIOLATION OF SEC. 111.70(3)(a)4
M734.1 Generally
Municipal employer ordered to cease and desist from refusing to bargain with representative of employes.
Adams County (11307-A,B) 5/73;City of Clintonville (12186-B,C) 8/74
M734.2 Relating to Unilateral Action
City ordered to cease and desist from unilaterally changing wages, hours and working conditions of employment without prior consultation with bargaining representative, and from refusing to bargain with such representative.
City of Wisconsin Dells (11646) 3/73
City ordered to cease and desist from refusing to bargain with union, by unilaterally changing conditions of employment without notice to the union that such changes are contemplated.
City of Brookfield (11406-A,B) 9/73; City of Superior (11560-B,C) 5/74
County ordered to cease and desist from unilaterally changing wages, hours and conditions of employment during pendency of any election proceeding, and from bargaining with any organization until such time as the employes involved select a bargaining representative.
Dane County (11522-A) 10/73
School Board ordered to cease and desist from unilaterally establishing, modifying or eliminating wages, hours or working conditions, or threatening to do so without first offering to bargain same with representative.
Racine Unified School Dist. No. 1 (11315-B,D) 4/74
(a) Entire section is new.
School Board ordered to cease and desist from bargaining with teacher organization with respect to changes in salaries for coaches of female sports in efforts to comply with Fair Labor Standards Act.
Madison Jt. School Dist. No. 8 (12610) 4/74
School District ordered to cease and desist from instituting unilateral changes in school calendar without first offering to bargain changes in the calendar.
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
City ordered to cease and desist from refusing to bargain with respect to changes in working conditions.
City of Oak Creek (12105-A,B) 7/74
City ordered not to terminate employment of officer for living outside city until such time as the city has collectively bargained on the matter of residency.
City of Clintonville (12180-B,C) 8/74
City ordered to cease and desist from refusing to bargain on wage rate for position unilaterally established.
City of Beaver Dam (12152-A,B) 9/74
Village ordered to cease and desist from unilaterally limiting fire-fighter trade requests.
Village of Shorewood (13024) 9/74
School District ordered to cease and desist from refusing to bargain regarding decision to sub-contract food service program previously operated by employes of District, as well as the impact of such a decision on its employes.
Racine Unified School Dist. No. 1 (12055-B) 10/74
School District ordered to cease and desist from maintaining food service program though a subcontractor which arrangement had been reached without bargaining said decision with representative of employes who had been terminated as a result of said sub-contracting.
Racine Unified School Dist. No. 1 (12055-B) 10/74
M734.3 Relating to Retroactivity of Wage Increases
County ordered to cease and desist from refusing to bargain on retroactivity of wage increases.
Racine County (10917-A,B) 7/72
M734.4 Relating to Exclusive Recognition
School Board ordered to cease and desist from permitting teachers, other than the agents of the collective bargaining representative to appear and speak at School Board meetings on matters subject to collective bargaining between the School Board and the exclusive bargaining representative.
Madison Jt. School Dist. No. 8 (11271) 9/72
M734.5 Relating to Ratification of Tentative Agreement
School Board ordered to cease and desist from refusing to bargain by introducing new issues after a tentative agreement had been reached in negotiations by its agent and the union, and further to cease and desist from refusing to act on the ratification of such tentative agreement.
Green Bay Technical Institute (11352-A) 9/73; Hartford Union High School Dist. (11002-A,B) 9/74
Where School Board reached an agreement with teacher organization and then submitted same to Wisconsin School Board Association, which Association suggested changes in substantive provisions, and thereafter School Board desired to delete, add to, and modify certain , substantive provisions of the agreement and thereby refused to take action on the reached agreement, Commission ordered School Board to cease and desist from refusing to conduct an open meeting for the purpose of presenting, approving and adopting the agreement. Hartford Union High School Dist. (11002-A,B) 9/74
(a) New
M735 RELATING TO VIOLATIONS OF COLLECTIVE BARGAINING AGREEMENTS IN VIOLATION OF SEC. 111.70(3)(a)5
M735.1 Provisions Relating to Grievances and Arbitration
Municipal employer ordered to cease and from refusing to proceed to arbitration on grievances as required in collective bargaining agreement.
Green Bay Jt. School Dist. No. 1 (1101-A) 11/72; Oostburg School Dist. No. 14 (11196-A,B) 12/72; Alma Center School Dist. No. 3 (11628) 2/73; Monona Grove Jt. School Dist. No. 4 (11614-A,B) 8/73; Manitowoc County (12047-A,B) 10/73; Ashland Unified School Dist. No. 1 (11861-A,B) 1/74; Manitowoc County (12422-A,B) 3/74; Weyerhauser Jt. School Dist. No. 3 (12984) 8/74; Portage Jt. School Dist. No. 1 (12116-A,B) 11/74; Sauk Prairie Public Schools (12600-A,B) 11/74
School Board ordered to cease and desist from proceeding to act on grievance as required in collective bargaining agreement where WERC determined to exercise jurisdiction over such issue because of unusual circumstances.
Milwaukee Board of School Directors (12028-A,B) 9/74
M735.2 Provisions Relating to Wages and Other Pay
City ordered to cease and desist from violating provisions in collective bargaining agreement with respect to pay differentials between police and firefighters.
City of Oak Creek (10677-A,B) 9/72
Sewerage Commission ordered to cease and desist from refusing to pay employes “zone fare” pay as required in binding letter of intent.
Milwaukee Sewerage Commission (11407-A,B) 6/73
School Board ordered to cease and desist from violating extra pay provisions of collective bargaining agreement.
Dodgeland Jt. School Dist. No. 4 (11622-B,C,D) 8/74
M735.3 Provisions Relating to Working Conditions
City ordered to cease and desist from unilaterally changing working conditions as set forth in agreement.
City of Wisconsin Dells (11546) 3/73
M735.4 Provisions Relating to Termination of Equipment.
School District ordered to cease and desist from refusing to adhere to conditions of settlement agreement affecting re-hiring of teachers.
Menomonie Jt. School Dist. No. 1 (12385-B,C) 9/74
(a) New
M736 RELATING TO FAILURE TO IMPLEMENT ARBITRATION AWARD IN VIOLATION OF SEC. 111.70(3)(a)5
M736.1 Awards Relating to Fringe Benefits
City ordered to cease and desist from refusing to implement final and binding arbitration award, as required in collective bargaining agreement, pertaining to granting employes pension and health insurance benefits.
City of Franklin (11296) 9/72
(a) New
M737 RELATING TO UNAUTHORIZED DEDUCTION OF DUES IN VIOLATION OF SEC. 111.70(3)(a)6
(No Decisions)
M740 AFFIRMATIVE ACTION ORDERS INVOLVING , MUNICIPAL EMPLOYER PROHIBITED PRACTICES
M741 RELATING TO ACTS OF INTERFERENCE, RESTRAINT AND COERCION IN VIOLATION OF SEC. 111.70(3)(a)1
M741.1 Regarding Interference with Concerted Activity
School Board ordered to destroy films or photographs taken of employes while engaged in lawful picketing.
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
Village ordered to restore privileges to bargaining representative and reinstate firefighter trade request practice previously removed and changed in retaliation for utilizing processes of Commission.
Village of Shorewood (13024) 9/74
M741.2 Regarding Assistance to One of Two Rival Labor Organizations
School Board ordered to adopt such policy regulating the posting and distribution of material on bulletin boards and through school
(a) Entire section is new.
mailboxes which will grant equal use of such facilities to all labor organizations representing employes in the unit, except that the exclusive bargaining representative may be granted exclusive use of said facilities if the materials to be distributed relate only to its function as exclusive bargaining representative.
Milwaukee Board of School Directors (9258-A) 11/74
(a) New
M742 RELATING TO ACTS OF INITIATION, CREATION, DOMINATION, OR INTERFERENCE WITH FORMATION OF LABOR ORGANIZATION IN VIOLATION OF SEC, 111.70(3)(a)2
(No Decisions)
M743 RELATING TO ACTS OF DISCRIMINATION IN VIOLATION OF SEC. 111.70(3)(a)3
M743.1 Suspension or Discharges Resulting from Concerted Activity
Where Commission found employes to have been discriminatorily suspended or discharged to discourage concerted activity, Municipal Employer was ordered to offer reinstatement and make discharged employes whole for loss of wages and other benefits resulting therefrom.
City of Wisconsin Dells (11646) 3/73; City of Oak Creek (12105-A,B) 7/74; St. Croix County (12753-A,B) 12/74
M743.3 Reassignment
Where employes were found to have been discriminatorily reassigned because of their concerted activity, Commission ordered City to reinstate positions involved, return employes involved to their original positions and to make them whole for loss of wages and other benefits resulting therefrom.
City of Superior (11560-B,C) 5/74
M743.4 Failure to Pay for Attendance at Teacher’s Convention
School Board ordered to pay teacher two days pay, previously not paid as a result of School Board’s discriminatory denial of same resulting from said teacher’s attendance at convention of minority organization, which convention was held on the same days as convention of majority organization and where teachers who attended the latter convention were paid.
Menomonie Board of Education (10792) 2/72
M743.5 Nature of Back Pay Orders
Commission’s order requiring school district to make employes whole as a result of discriminatory discharges is not a claim against the school district within the meaning of Section 118.26, Wis. Stats.
Green Bay Jt. School Dist. No. 1, Brown Co. Cir. Ct., 12/72
Computation of amount to make employes whole for salaries or wages lost resulting from discriminatory discharges or lay-offs will consider earnings received elsewhere during period of discharge or lay-off, as well as any unemployment compensation, if any, received by the employes involved.
City of Wisconsin Dells (11646) 3/73; St. Croix County (12753-A,B) 12/74
(a) Entire Section is new.
(a) New
M744 RELATING TO REFUSAL TO BARGAIN IN VIOLATION OF SEC. 111.70(3)(a)4
M744.1 In General
County was ordered, upon request, to bargain with bargaining representative with respect to retroactivity of wage increases.
Racine County (10917-A,B) 7/72
School Board ordered to incorporate Commission’s Findings of Fact, Conclusions of Law and order, with respect to acts violative of Sec. 111.70(3)(a)4, in minutes of the Board of Education.
Madison Jt. School Dist. No. 8 (11271) 9/72
City ordered to reinstate all conditions of employment which it unilaterally changed and to bargain with union on wages, hours and working conditions.
City of Wisconsin Dells (11646) 3/73; City of Superior (11560-B,C) 5/74; City of Oak Creek (12105-A,B) 7/74
Municipal Employer ordered to bargain with representatives of employes as required in MERA.
Adams County (11307-A,B) 5/73; City of Clintonville (12186-B,C) 8/74; Milwaukee County (12583-A,B) 11/74
City ordered to reinstate condition of employment existing prior to unilateral adoption of a residency ordinance and to bargain with union with reference to said condition of employment.
City of Brookfield (11406-A,B) 9/73
School Board ordered to place tentative agreement reached by its agent and the union on its meeting agenda and to act thereon.
Green Bay Technical Institute (11352-A) 9/73; Hartford Union High School Dist. (11002-A,B) 4/74
School Board ordered to bargain with teacher organization on matters of salaries for coaches of female sports, where previously School Board unilaterally established changes in salaries for said positions.
Madison Jt. School Dist. No. 8 (12610) 4/74
School Board ordered, upon request to bargain, prior to instituting changes in school calendar.
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
School Board ordered to destroy films or photographs taken of employes while engaged in lawful picketing.
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
City ordered to make officer whole as a result of termination because of residency ordinance implemented without first bargaining thereon with police association.
City of Clintonville (12180-B,C) 8/74
Where City abolished position previously unilaterally established by it to avoid bargaining on the wage rate of such position, Commission ordered City to re-establish position and bargain the wage rate.
City of Beaver Dam (12152-A,B) 9/74
School Board ordered to hold an open meeting for the purpose of considering, approving and adopting agreement reached during negotiations.
Hartford Union High School Dist. (1102-A,B) 9/74
Village ordered to bargain with representative with respect to any contemplated changes, hours and working conditions.
Village of Shorewood (13024) 9/74
School District, after having been found to have refused to bargain decision to sub-contract food service program, ordered to institute and operate food service program in the same manner and with same employes as previous to said sub-contracting, and in that regard, to offer reinstatement to former employes, to make them whole, and to bargain with respect to any contemplated sub-contracting.
Racine Unified School Dist. No. 1 (12055-B) 10/74
City ordered to bargain with representative as to pay rate for additional duties assigned to firefighters, where such duties were not usually performed by said employes.
City of Menomonie (12674-A,B) 10/74
(a) New
M745 RELATING TO VIOLATION OF COLLECTIVE BARGAINING AGREEMENTS IN VIOLATION OF SEC. 111.70(3)(a)5
M745.1 Provisions Relating to Grievances and Arbitration
Municipal Employer ordered to proceed to arbitration on grievance in accordance with collective bargaining agreement,
Green Bay School Dist. No. 1 (11021-A) 11/72; Oostburg School Dist. No. 14 (11196-A,B) 12/72; Alma Center School Dist. No. 3 (11528) 2/73; Manitowoc County (12047-A,B) 10/73; Ashland Unified School Dist. No. 1 (11861-A,B) 1/74; Manitowoc County (12422-A,B) 3/74; Weyerhauser Jt. School Dist. No. 3 (12984; Portage Jt. School Dist. No. 1 (12116-A.,B) 11/74; Sauk Prairie Public Schools (12600-A,B) 11/74
School Board ordered to act on grievance as required in collective bargaining agreement where WERC determined to exercise jurisdiction over such issue because of unusual circumstances.
Milwaukee Board of School Directors (12028-A,B) 9/74
M745.2 Provisions Relating to Wages and Other Pay
City ordered to make adjustments as required in collective bargaining agreement in wages to firefighters to eliminate differentials in wages to policemen and firefighters.
City of Oak Creek (10677-A,B) 9/72
(a) Entire section is new.
Sewerage Commission ordered to pay employes “zone fare” pay as required in binding letter of intent.
Milwaukee Sewerage Commission (11407-A,B) 6/73
City ordered to pay firefighters “call back” pay as required in collective bargaining agreement.
City of Superior (11676-A,B) 6/73
School Board ordered to reimburse teacher’s extra duty pay for performing lunch duty.
Dodgeland Jt. School Dist. No. 1 (11822-B,C,D) 8/74
M745.3 Provisions Relating to Fringe Benefits
School Board ordered to reimburse teacher aide for amounts paid by said employe for insurance premiums after School Board had discontinued paying same in violation of collective bargaining agreement.
West Allis-West Milwaukee Jt. School Dist. No. 1 (11014-A,B) 4/73
M745.4 Provisions Relating to Hours of Work
School Board ordered to reimburse teacher aides for earnings lost as a result of reduction of hours of work, where said reduction violated collective bargaining agreement.
West Allis-West Milwaukee Jt. School Dist. No. 1 (11014-A,B) 4/73
M745.5 Provisions Relating to Discharge and Termination of Employment
Where School Board was found to have violated contractual provisions relating to procedures for evaluation and non-renewal, Commission ordered School Board to expunge data relating thereto from teacher’s personal file, to reinstate the teacher, to restore all rights and benefits, and to make said teacher whole for salary loss as a result of said violation.
Waterloo Jt. School Dist. No. 1 (10945-A,B) 9/73
School District ordered to reinstate teacher in accordance with arbitration settlement agreement, and to make said teacher whole for any loss of earnings as a result of the School District’s failure to comply.
Menomonie Jt. School Dist. No. 1 (12385-B,C) 9/74
(a) New
M746 RELATING TO REFUSAL TO ABIDE WITH ARBITRATION AWARD IN VIOLATION OF SEC 111.70(3)(a)5
M746.1 In General
Municipal Employer order to abide with arbitration award issued pursuant to contractual grievance and arbitration provision.
City of Franklin (11296) 9/72; City of Neenah (10716-C) 10/73 (Rev. on other grounds, Winnebago Co. Cir. Ct., 11/74)
(a) Entire section is new.
(a) New
M747 RELATING TO UNAUTHORIZED DEDUCTION OF DUES IN VIOLATION OF SEC. 111.70(3)(a)6
(No Decisions)
(a) New
M748 DAMAGES, FEES AND COSTS
M748.1 In General
Sections 111.70(4)(a) and 111.07(4), Wisconsin Statutes, does not require the imposition of any particular remedy, but leaves same to the Commission’s discretion, and where the record established that School Board’s refusal to proceed to arbitration, as required in collective bargaining agreement, did not arise out of malice or ill will, but in pursuit of what it believed to be its right under said agreement, Commission did not order that School Board be assessed attorney’s fees, cost or disbursements. Monona Grove Jt. School Dist. No. 4 (11614-A,B) 8/73
Commission will not require any party to a complaint proceeding to pay fees and costs incurred thereby, except where the parties have agreed in advance that such remedy is appropriate.
Rice Lake Jt. School Dist. No. 1 (12756-A,B) 12/74
M749 NOTIFICATION BY MUNICIPAL EMPLOYER WITH REFERENCE TO PROHIBITED PRACTICES FOUND TO HAVE BEEN COMMITTED
M749.1 To Labor Organizations
Municipal Employer ordered to notify labor organization that it was ready to proceed to arbitration as required in Commission’s order.
Green Bay Jt. School Dist. No. 1 (11021-A) 11/72; Oostburg it. School Dist. No. 14 (11196-A,B) 12/72; Monona Grove Jt. School Dist. No. 4 (11614-A,B) 8/73; Manitowoc County (12047-A,B) 10/73; Ashland Unified School Dist. No. 1 (11861-A,B) 1/74; City of Clintonville (12186-B,C) 8/74
School Board ordered to notify labor organization that it would not permit any employe in the bargaining unit, other than representatives of said organization, to appear and speak, at School Board meetings, on matters subject to collective bargaining.
Madison Jt. School Dist. No. 8 (11271) 9/72
M749.2 To Employes Generally
Commission in decisions where it has found that a municipal employer has committed prohibited practices, generally will order municipal employer to post notices on its premises, where all employes may observe same, with reference to the Commission’s order.
City of Waukesha (11146) 12/72; City of Wisconsin Dells (11646) 3/73; Lake Holcombe Jt. School Dist. No. 11 (11696-A,B) 5/73; (a) Entire section is new.
City of Brookfield (11406-A,B) 9/73; Dane County (11622-A) 10/73; Racine Unified School District No. 1 (11315-B,D) 7/74; Madison Jt. School Dist. No. 8 (12610) 4/74; City of Superior (11560-B,C) 5/74; Fennimore Jt. School Dist. No. 5 (11865–A,B) 7/74; Western Wisconsin Tech. Institute (12355-13) 8/74; Weyerhauser Jt. School Dist. No. 3 (12984) 8/74; City of Beaver Dam (12152-A,B) 9/74; Menomonie Jt. School Dist. No. 1 (12385-B,C) 9/74; Village of Shorewood (13024) 9/74; Racine Unified School District No. 1 (12055-B) 10/74; City of Menomonie (12674-A,B) 10/74; Portage Jt. School Dist. No. 1 (12116-A,B) 11/74; Sauk Prairie Public Schools (12600-A,B) 11/74; St. Croix County (12753-A,B) 12/74
M749.3 To Commission with Respect to Compliance
Commission, where it has found that a municipal employer has committed prohibited practices, will order the municipal employer to notify the Commission within a fixed number of days as to what steps it has taken to comply with the order.
Menomonie Board of Education (10792) 2/72; Racine County (10917-A,B) 7/72; City of Oak Creek (10677-A,B) 9/72; Madison Jt. School District No. 8 (11271) 9/72; City of Franklin (11296) 9/72; Green Bay Jt. School Dist. No. 1 (11021-A,B) 11/72; City of Waukesha (11146) 12/72; Oostburg Jt. School Dist. No. 14 (11196-A,B) 12/72; Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73; Alma Center School Dist. No. 3 (11628) 2/73; City of Wisconsin Dells (11646) 3/73; West Allis-West Milwaukee School Jt. Dist. No. 1 (11014-A,B) 4/73; Adams County (11307-A,B) 5/73; Lake Holcombe Jt. School Dist. No. 11 (11596-A,B) 5/73; Milwaukee Sewerage Commission (11407-A,B) 6/73; City of Superior (11676-B) 6/73; Monona Grove Jt. School Dist. No. 4 (11614-A,B) 8/73; Green Bay Technical Institute (11352-A) 9/73; City of Brookfield (11406-A,B) 9/73; City of Neenah (10716-C) 10/73; (Rev. on other grounds, Winnebago Co. Cir. Ct., 11/74); Dane County (11622-A) 10/73; Ashland Unified School Dist. No. 1 (11861-A,B) 1/74; Manitowoc County (12422-A,B) 3/74; Racine Unified School Dist. No. 1 (11315-B,D) 4/74; Madison Jt. School Dist. No. 8 (12610) 4/74; City of Superior (11560–B,C) 5/73; Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74; City of Oak Creek (12105-A,B) 7/74; Dodgeland Jt. School Dist. No. 11 (11182-B,C,D) 8/74; Western Wisconsin Tech. Institute (12355-B) 8/74; Weyerhauser Jt. School Dist. No. 3 (12984) 8/74; Hartford Union High School Dist. (11002-A,B) 9/74; Milwaukee Bd. of School Directors (12028-A,B) 9/74; Milwaukee Bd. of School Directors (12028-A,B) 9/74; City of Beaver Dam (12152-A,B) 9/74; Menomonie Jt. School Dist. No. 1 (12385-B,C) 9/74; Village of Shorewood (13024) 9/74; Racine Unified School Dist. No. 1 (12055-B) 10/74; City of Menomonie (12674-A,B) 10/74; Portage Jt. School Dist. No. 1 (12116-A,B) 11/74; Milwaukee County (12583-A,B) 11/74; Sauk Prairie Public Schools (12600-A,B) 11/74; St. Croix County (12753-A,B) 12/74
M750 CEASE AND DESIST ORDERS INVOLVING MUNICIPAL
EMPLOYE PROHIBITED PRACTICES
M751 RELATING TO ACTS OF COERCION OR INTIMIDATION OF EMPLOYES IN VIOLATION OF SEC. 111.70(3)(b)1
M751.1 In General
Police organization ordered to cease and desist from failing to fairly represent police officer.
Racine Policemen’s Professional Benevolent Corp. (12637, 12637-A) 5/74
(a) New
M752 RELATING TO ACTS OF COERCION, INTIMIDATION OR INDUCEMENT OF OFFICERS OR AGENTS OF EMPLOYER IN VIOLATION OF SEC. 111.70(3)(b)2
(No Decisions)
(a) New
M753 RELATING TO REFUSAL TO BARGAIN IN VIOLATION OF SEC. 111.70(3)(b)3
M753.1 In General
Labor organization ordered to cease and desist from refusing to bargain by insisting that negotiations be conducted in public.
City of Lake Geneva (12208-B) 5/75; Walworth County (12691) 5/74
(a) New
M754 RELATING TO VIOLATION OF COLLECTIVE BARGAINING AGREEMENTS IN VIOLATION OF SEC. 111.70(3)(b)4
(No Decisions)
(a) New
M755 RELATING TO REFUSAL TO ABIDE WITH ARBITRATION AWARDS IN VIOLATION OF SEC. 111.70(3)(b)4
(No Decisions)
(a) New
M756 RELATING TO INDUCING NON-EMPLOYES TO BECOME A MEMBER OF LABOR ORGANIZATION IN VIOLATION OF SEC. 111.70(3)(b)5
(No Decisions)
M760 AFFIRMATIVE ACTION ORDERS INVOLVING
MUNICIPAL EMPLOYE PROHIBITED PRACTICES
M761 RELATING TO ACTS OF COERCION OR INTIMIDATION OF EMPLOYES IN VIOLATION OF SEC. 111.70(3)(b)1
(No Decisions)
(a) New
M762 RELATING TO ACTS OF COERCION, INTIMIDATION OR INDUCEMENT OF OFFICERS OR AGENTS OF EMPLOYER IN VIOLATION OF SEC. 111.70(3)(b)2
(No Decisions)
(a) Entire section is new.
(a) New
M763 RELATING TO REFUSAL TO BARGAIN IN VIOLATION OF SEC. 111.70(3)(b)3
M763.1 In General
Labor organization ordered to bargain at reasonable times in good faith with municipal employer.
City of Lake Geneva (12184-B) 5/74; Walworth County (12691) 5/74
(a) New
M764 RELATING TO VIOLATION OF COLLECTIVE BARGAINING AGREEMENTS IN VIOLATION OF SEC. 111.70(3)(b)4
(No Decisions)
(a) New
M765 RELATING TO INDUCING NON-EMPLOYES TO BECOME A MEMBER OF LABOR ORGANIZATION IN VIOLATION OF SEC. 111.70(3)(b)5
(No Decisions)
(a) New
M766 NOTIFICATION BY MUNICIPAL EMPLOYES WITH REFERENCE TO PROHIBITED PRACTICE ORDERS
M766.1 To Employer
(No Decisions)
M766.2 To Employes
Police organization ordered to post notices in police department with respect to remedying prohibited practice committed by it.
Racine Policemen’s Professional & Benevolent Corp. (12637) 4/74
M766.3 To Commission with Respect to Compliance
Commission, where it has found that municipal employes have committed prohibited practices, usually orders that said employes, or their organization to notify the Commission within a fixed number of days as to what steps have been taken to comply with Commission’s order,
Racine Policemen’s Professional & Benevolent Corp. (12637) 4/74
M770 CEASE AND DESIST ORDERS INVOLVING THIRD PARTY
PROHIBITED PRACTICES IN VIOLATION OF SEC. 111.70(3)(c)
(No Decisions)
M780 AFFIRMATIVE ACTION ORDERS INVOLVING THIRD PARTY
PROHIBITED PRACTICES IN VIOLATION OF SEC. 111.70(3)(c)
(No Decisions)
(a) Entire section is new.
M800 PROHIBITED PRACTICES BY MUNICIPAL EMPLOYERS
*M800 IN GENERAL
*M811 RESPONSIBILITY OF MUNICIPAL EMPLOYER FOR ACTS OF AGENTS AND OTHERS
*M812 “CLEAN HANDS” DOCTRINE
M820 INTERFERENCE, RESTRAINT AND COERCION:
SECTION 111.70(3)(a)l
M821 IN GENERAL
*MB22 FREE SPEECH
M823 RIGHT TO REPRESENTATION
M824 NATURE OF EMPLOYER ACTIVITY
*M824.1 Surveillance
*M824.2 Presence of Agents During Events Involving Concerted Activity
*M824.3 Interference with Internal Union Activity
*M824.4 Interrogation of Employes with Respect to Concerted Activity
M824.5 Promises of Benefits
*M824.6 Failure to Pay Wages or Fringe Benefits
M824.7 Favoritism or Acts Indicating Preference for One Organization
M824.8 Threatened Actions with Regard to Hire, Tenure, Terms and Conditions of Employment
M824.9 Contracting Out Work
*M824.10 Activity with Regard to Teacher Conventions
*M824.11 Activity Relating to Individual Teacher Contracts
New M824.12 Granting of Wage Increases During Pendency of Question Concerning Representation
New M824.13 Transfers
New M824.14 Miscellaneous Activity
(a) New M830 INITIATION, CREATION, DOMINATION OR INTERFERENCE WITH THE FORMATION OR ADMINISTRATION
OF LABOR OR EMPLOYE ORGANIZATION:
SECTION 111.70(3)(a)2
M831 IN GENERAL
M840 ENCOURAGING OR DISCOURAGING MEMBERSHIP IN A LABOR ORGANIZATION BY DISCRIMINATION:
SECTION 111.70(3) (a)2
(M830 in Vol. I of Digest)
M841 EMPLOYER’S RIGHT TO DISCHARGE, SELECT OR CHANGE TERMS OR CONDITIONS OF EMPLOYMENT
(a) Entire section is new.
M841.1 Effect of Other Statutes
M841.1.1 Statutes Applying to School Boards
M841.1.2 Statutes Applying to Fire Departments
M841.2 Effect of Concerted Activity
M842 EMPLOYER’S ACTION FOUND NON-DISCRIMINTORY
M842.1 Discharge or Suspension
*MB42.2 Voluntary Quit
*M842.3 Failure to Renew Teacher Contract
New M842.4 Miscellaneous Activity
M843 EMPLOYER’S ACT FOUND DISCRIMINATORY
M843.1 Discharge for Concerted Activity
*M843.2 Suspension for Concerted Activity
M843.3 Reassignment to Less Desirable Position
M843.4 Failure to Pay for Attendance at Teacher Convention
*M843.5 Failure to Renew Teacher Contract
*M843.6 Teacher Evaluation
*M843.7 Grant of Exclusive Check-off of Dues
(a) New M850 REFUSAL TO BARGAIN IN GOOD FAITH:
SECTION 111.70(3)(a)4
M851 PRIOR TO THE ADOPTION OF MERA
M852 FOLLOWING ADOPTION OF MERA
M852.1 Complaints Involving Activity Occurring Prior to Adoption of MERA
M852.2 Effect of Sec. 111.70(3)(a)4
M852.3 Matters Having No Significant Impact on Wages, Hours and Working Conditions
M852.3.1 In General
M852.3.2 Matters Found Not Subject to Duty to Bargain
M852.4 Matters Having an Impact on Wages, Hours and Working Conditions
M852.4.1 In General
M852.4.2 Matters Found Subject to Duty to Bargain
M852.5 Matters Having a Direct and Intimate Effect on Wages, Hours and Working Conditions
M852.5.1 In General
M852.5.2 Matters Found Subject to Duty to Bargain
M852.6 Waiver of Duty to Bargain
M852.7 Acts Found Violative of Duty to Bargain
M852.8 Acts Found Not Violative of Duty to Bargain
(a) New M860 VIOLATION OF COLLECTIVE BARGAINING AGREEMENT
SECTION 111.70(3)(a)5
M861 EFFECT OF SEC. 111.70(3)(a)5
M862 NATURE OF AGREEMENT
M863 EXPIRED AGREEMENT
M864 EFFECT OF BUDGET LIMITATIONS
M865 NATURE OF PROVISIONS INVOLVED
(a) Entire section is new.
M865.1 Relating to Recognition
M865.2 Relating to Contractual Duty to Bargain
M865.3 Relating to Grievances and Arbitration
M865.3.1 Generally
M865.3.2 Rights of Individual Employes
M865.3.3 Rights of Bargaining Representative
M865.3.4 Procedural Defenses
M865.3.5 Possible Effect of Arbitration Award
M865.3.6 Violations Generally
M865.3.7 Violations Not Found
m865.4 Relating to Wages and Other Pay
M865.5 Relating to Fringe Benefits
M865.6 Relating to Hours of Work
M865.7 Relating to Working Conditions
M865.8 Relating to Employe Evaluation
M865.9 Relating to Leaves
M865.10 Relating to Discipline
M865.11 Relating to Termination of Employment
m865.12 Relating to Negotiation Procedure
(a) New M870 FAILURE TO ACCEPT BINDING ARBITRATION AWARD
INVOLVING GRIEVANCES:
SECTION 111.70(3) (a)s
M871 EFFECT OF SEC. 111.70(3)(a)5
M872 APPLICATION OF CHAPTER 298, WISCONSIN STATUTES
M873 JURISDICTION OF ARBITRATOR
M874 FINAL DETERMINATION
M875 NATURE OF AWARDS
M875.1 Relating to Fringe Benefits
M875.2 Relating to Termination of Employment
M880 EMPLOYER ACTIVITY UNREGULATED AS PROHIBITED
PRACTICES
(M840 in Vol. of Digest)
M881 FAILURE TO IMPLEMENT FACT FINDING RECOMMENDATIONS
(a) Entire section is new.
M8OO PROHIBITED PRACTICES BY MUNICIPAL EMPLOYERS
M820 INTERFERENCE, RESTRAINT AND COERCION:
SECTION 111.70(3)(a)1
M821 IN GENERAL
A finding of anti-union animus or motivation is not necessary to establish a violation of Sec. 111.70(3)(a)1. Rather said section is violated whenever acts are committed, which are likely to interfere with employe rights to engage in, or from engaging in, the activities set forth in Sec. 111.70(2)
Dane County (11622-A) 10/73; Village of Shorewood (13024) 9/74
M823 RIGHT OF REPRESENTATION
School Board found not to have denied a teacher the right to representation in violation of Sec. 111.70(3)(a)1 by refusing to grant said teacher a request to postpone a hearing on the non-renewal of his individual teacher’s contract, after such request was made only four days prior to the scheduled hearing date, and if granted would result in the hearing being held after March 15, the date on which, as provided in Sec. 118.22, School Board must notify the teacher of the non-renewal of teaching contract.
Appleton Jt. School Dist. No. 10 (10996-A,B) 6/73
Any teacher requesting a private conference with School Board, pursuant to Sec. 118.22, may exercise the right to be represented at such conference by a representative of the teacher’s choice, pursuant to rights set forth in MERA.
Waterloo Jt. School Dist. No. 1 (10946-A,B) 9/73
M824 NATURE OF EMPLOYER ACTIVITY
M824.5 Promises of Benefits
Where evidence did not establish that agent of municipal employer made promises of benefits to employe if labor organization were decertified as the collective bargaining representative, no prohibited act of interference was found by the Commission.
City of Appleton (10242-A,B) 3/72
Commission concluded that letters sent to employes during pendency of election contained no promises of benefits or threats of loss of same, but that statements therein were permissible campaign propaganda, and therefore did not constitute prohibited acts of interference, restraint or coercion.
Western Wisconsin Technical Institute (12355-B) 8/74
M824.7 Favoritism or Acts Indicating Preference for One Organization
By bargaining with rival organization during the pendency of a representation proceeding tended to encourage support for such organization, while at the same time discouraged support for petitioning organization, County found to have committed prohibited practice in violation of Sec. 111.70(3)(a)1.
Dane County (11622-A) 10/73
Fact that the School Superintendent, at request of employe, advised employe as to procedure regarding the filing of a de-certification petition did not constitute a prohibited practice.
Shorewood School Dist. No. 4 (1140-C) 1/74
Where Municipal Employer expressed a preference for former collective bargaining representative, not involved in pending election proceeding, and by intimating that recognition would be granted to such organization if employes chose no representation in the election, Municipal Employer found to have violated Sec. 111.70(1)(a)1 of MERA.
Western Wisconsin Technical Institute (12355-B) 8/74
School Board, by granting certified representative exclusive use of bulletin boards and teacher mailboxes for the posting and distribution of printed matters relating to the internal and organizational activity of said organization, while at the same time denying such privileges to the minority organization, found to have interfered, restrained and coerced its employes in the exercise of their rights, and therefore, constituted a prohibited practice within the meaning of Sec. 111.70(3)(a)1.
Milwaukee Board of School Directors (9258, 9258-A) 11/74
M824.8 Threatened Actions With Regard to Hire, Tenure, Terms and Conditions of Employment
School Board found to have engaged in acts of prohibited interference, restraint and coercion by threatening to discharge union officers if they did not divulge the names of union officers or members who were responsible for composition, circulation and posting of list of employes, identified as “all hired during the walkout” and who were not members of the union, since such activity by union members constituted protected activity within the meaning of Sec. 111.70(2).
Green Bay Jt. School Dist. No. 1 (9095-E) 9/71 (Aff. Brown Co. Cir. Ct. 12/72)
Threats of Municipal Employer to deprive employes of benefits enjoyed by employes for the purpose of discouraging concerted activity constituted a prohibited practice.
City of Evansville (9440-B,C) 3/71 (Aff. Rock Co. Cir. Ct., 1/73); City of Wisconsin Dells (11646) 3/73; Waukesha County (11486) 12/72
Threats by City with regard to loss of employment and by making inflammatory statements to employes regarding their representative found to have been motivated to induce employes to forego their concerted activity, and therefore violative of Sec. 111.70(3)(a)l.
City of Wisconsin Dells (11646) 3/73
Where during the course of a faculty meeting, members of the School Board and School Superintendent, after learning that local association had affiliated with a uniserve organization, which sought multi-unit bargaining, threatened to void existing collective bargaining agreement with local association and questioned internal affairs of the association regarding its affiliation with said uniserve organization, School Board found to have committed prohibited practices within the meaning of Sec. 111.70(3)(a)1.
Lake Holcombe Jt. School Dist. No. 11 (11696-A,B) 5/73
Where City issued termination notices to six firefighters, which action was found to have been motivated by Union’s intent to proceed to final and binding interest arbitration, pursuant to Sec. 111.77, Commission found such act to constitute prohibited interference.
City of Superior (1156-B,C) 5/74
M824.9 Contracting Out Work
Commission found that contracting out of work performed by custodial employes was not unlawfully motivated, and therefore did not constitute a prohibited practice within the meaning of Sec. 111.70(3)(a)1 or 111.70(3)(a)3.
Green Bay Jt. School Dist. No. 1 (10722-B) 8/72
New
M824.12 Granting of Wage Increases During Pendency of Question Concerning Representation
County, in granting a wage increase and other benefits to employes during pendency of election proceeding, found to have engaged in activity violative of Sec. 111.70(3)(a)1.
Dane County (11622-A) 10/73
New
M824.13 Transfers
Transfers of union Stewards to different work crews in same bargaining unit found not to have been made to discourage concerted activity, and therefore not a prohibited act of interference.
City of Milwaukee (11463-A,B) 10/73
New
M824.14 Miscellaneous Activity
Agents of School Board, by photographing or pretending to photograph employes who were engaged in lawful picketing (not connected with a strike),found to have engaged in acts of interference in violation of Sec. 111.70(3)(a)1.
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
By removing privileges previously granted to union, in limiting firefighter trade requests, and indicating the possibility of instituting a night watch, as a result of union’s filing a petition for Declaratory Ruling as to whether a particular matter was a mandatory subject of bargaining, Village found to have committed a prohibited practice within the meaning of Sec. 111.70(3)(a)1.
Village of Shorewood (13024) 9/74
Unauthorized posting of notice, which if implemented would have changed working conditions, by unit personnel, did not constitute a prohibited act of interference by Village.
Village of Shorewood (13024) 9/74
Village Fire Chief in conducting an investigation as to whether outside work rule had been violated, found not to have constituted a prohibited act of interference.
Village of Shorewood (13024) 9/74
Sheriff, by criticizing employes for their failure to consult with him prior to engaging in protected concerted activity, and by notifying employes that they were placed on probation for their participation in protected activity, found to have violated Sec. 111.70(3)(a)1.
St. Croix County (12753-A,B) 12/74
(a) New
M830 INITIATION, CREATION, DOMINATION OR INTERFERENCE WITH THE FORMATION OR ADMINISTRATION OF LABOR OR EMPLOYE ORGANIZATION: SECTION 111.70(3)(a)2
M831 IN GENERAL
By recognizing rival organization during pendency of election proceeding and by granting employes increased benefits as a result of such recognition and discussions with said rival organization, Commission concluded that County unlawfully assisted in the formation and development of said rival organization.
Dane County (11622-A) 10/73
Commission, by Declaratory Ruling, determined that should a supervisory law enforcement officer be a member of organization of non-supervisory officers, or hold office in such organization, such membership and participation would constitute a prohibited practice within the meaning of Sec. 111.70(3)(a)2.
City of Milwaukee (12448-A) 10/74
M840 ENCOURAGING OR DISCOURAGING MEMBERSHIP
IN A LABOR ORGANIZATION BY DISCRIMINATION:
SECTION 111.70(3)(a)3
M841 EMPLOYER’S RIGHT TO DISCHARGE, SELECT OR CHANGE TERMS OR CONDITIONS OF EMPLOYMENT
(a) Entire section is new.
M841.1 Effect of Other Statutes
M841.1.1 Statutes Applying to School Boards
The authority granted to School Boards under Chapter 118, Wis. Stats., pertaining to teacher contracts, enacted in 1967, is not absolute, but subject to statutory restrictions established in the Municipal Employment Relations Act, effective November 11, 1971.
Oostburg Jt. School District No. 14 (11196-A,B) 12/72 (Aff. Sheboygan Co. Cir. Ct., 6/74)
M841.2 Effect of Concerted Activity
An employe may not be discharged or otherwise discriminated against when one of the motivating factors for the Employer’s action is the employes concerted activity, no matter how many other valid reasons exist for such employer action.
City of Wisconsin Dells (11646) 3/73; City of Marinette et al (11674-A,B) 9/74; St. Croix County (12753-A,B) 12/73
M842 EMPLOYER’S ACTION FOUND NON-DISCRIMINATORY
M842.1 Discharge or Suspension
Termination of Union officer found not to have been for his concerted activity.
City of Boscobel (10618-A,B) 5/72
Discharge of employe found to have been for cause and not unlawfully motivated.
Holmen Jt. School Dist. No. 1 (10218-A,B,C) 12/71; Two Rivers Municipal Hospital (11507-A,B) 1/74
Suspension of police officer found not to have been motivated by said officer’s concerted activity.
City of Marinette et al (11674-A,B) 9/74
M842.4 Miscellaneous Activity
Where record established that School Board and Teacher’s Association had, by practice, mutually accepted that participation by teachers in school “open houses” was not purely voluntary, the concerted refusal of teachers to participate in attending such activity constituted a strike, and therefore unprotected concerted activity. Letters of reprimand sent to teachers who engaged therein did not constitute a prohibited practice.
Kenosha Jt. School Dist. No. 1 (10752-A,B) 10/72
Where School District had no knowledge of Union sympathies of aides involved, failure to rehire said aides for new school year found not violative of Sec. 111.70(3)(a)3.
Shorewood School Dist. No. 4 (11410-C) 1/74
Failure to grant employe emergency leave found not discriminatory.
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
Where Complainant failed to establish that changes in employes assignments and loss of overtime were motivated by employes concerted activity or by anti-union animus, Commission found that City did not commit a prohibited practice.
City of Milwaukee (13093) 10/74
M843 EMPLOYER’S ACT FOUND DISCRIMINATORY
M843.1 Discharge for Concerted Activity
Discharge of union officers for failing to divulge names of union members responsible for composition, circulation and posting of list of employes, identified as “all worked during walkout”, and who were not members of the union, constituted discriminatory discharges since activity was found by Commission to constitute protected concerted activity.
Green Bay Jt. School Dist. No. 1 (9095-E) 9/71 (Aff. Brown Co. Cir. Ct. 12/72)
Municipal Employer, by discharging employes for the purpose of discouraging their concerted activity, found violative of Sec. 111.70(3)(a)3.
City of Waukesha (11486) 12/72; City of Wisconsin Dells (11646) 3/73; City of Oak Creek (12105-A,B) 7/74
City by refusing to hire employe because of his concerted activity found to have committed a prohibited act of interference.
City of Wisconsin Dells (11646) 3/73
City, through its Police Chief, in causing an employe to lose his Veteran’s Administration Benefits, as a result of said employes concerted activity, found to have violated Sec. 111.70(3)(a)3.
City of Wisconsin Dells (11646) 3/73
Commission found that discharge of employe was motivated by employes concerted activity, rather than for reasons claimed by County, and therefore violative of Sec. 111.70(3)(a)3.
St. Croix County (12753-A,B) 12/74
M843.3 Reassignment to Less Desirable Position
Demotion of three Fire Captains found to have been motivated by concerted activity, rather because of department reorganization as alleged by City, and therefore such demotions found to be violative of Sec. 111.70(3)(a)3.
City of Superior (11560-B,C) 5/74
M843.4 Failure to Pay for Attendance at Teacher’s Convention
School Board in permitting members of majority organization to attend its state convention with pay, on dates other than those dates specified in school calendar as “convention days” found to have committed a prohibited practice in denying pay to a teacher who attended convention of minority organization, which was also held on dates other than calendar “convention days”.
Menomonie Board of Education (10792) 2/72
(a) New
M850 REFUSAL TO BARGAIN IN GOOD FAITH:
SECTION 111.70(3)(a)4
M851 PRIOR TO THE ADOPTION OF MERA
Section 111.70 did not impose any statutory duty, which was enforceable in a prohibited practice proceeding, upon either a municipal employer or the representative of its employes, in an appropriate unit to bargain in good faith over wages, hours and conditions of employment. However, any action in this regard could constitute sufficient grounds to proceed to fact finding.
City of New Berlin (7293) 3/66; Milwaukee Board of School Directors (6883-A) 3/66; La Crosse County (7707-A) 6/67; (Aff. 52 Wis. 2d 295, 10/71); City of Portage (8378) 1/68; City of Milwaukee (8410) 2/68; Wauwatosa Board of Education (8319-B,C) 7/68; Elmbrook Board of School Directors (9163-C) 12/70; St. Francis Jt. School District No. 6 (9546-A,B) 10/71; City of Appleton (10242-A,B) 3/72 (a); City of Boscobel (10618-A,B) 5/72 (a); Adams County (11307-A,B) 5/73; Ashland School Dist. No. 1 (10753-A,B) 8/73
Minority organization had no right to insist that municipal employer negotiate with it when employer is negotiating with majority organization, since the latter is entitled to exclusive representation if the employer chooses to recognize its voluntary obligation to bargain with that organization.
Milwaukee Board of School Directors (6883-A) 3/66
The differences in language between Sec. 111.70 and the Wisconsin Employment Peace Act manifested that the legislature did not intend in the former that a municipal employer should be under duty to bargain collectively as that term is used in Sec. 111.02 of WEPA.
Madison School Board 37 Wis. 2d 483, 12/67; City of Evansville (9440-B) 3/71; Crandon Jt. School Dist. No. 1 (10271-A,B) 10/71; Whitehall School Dist. (10268-A,B) 10/71
M852 FOLLOWING ADOPTION OF MERA
M852.1 Complaints Involving Activity Occurring Prior to Adoption of MERA
In determining whether a municipal employer committed a prohibited practice by refusing to bargain in good faith in violation of Sec. 111.70(3)(a)4, as alleged in complaint filed after the effective date of MERA, Commission will not consider activity occurring prior to the effective date of MERA, November 11, 1971.
Cudahy Board of Education (10699-A,B) 9/72
Where School Board unilaterally determined to subcontract a portion of its custodial work and where the resultant subcontract was consummated prior to the adoption of MERA, and more specifically
(a) Entire section is new.
Sec. 111.70(3)(a)4, Commission determined that the School Board did not commit a prohibited practice by failing to bargain with the Union representing employes in the custodial unit, with regard to such subcontracting.
Green Bay Jt. School Dist. No. 1 (10722-B) 8/72
Where City unilaterally implemented disparate pay for its police as compared to pay of firefighters, and where the ordinance providing for such was adopted prior to the enactment of MERA, Commission found that the City was not required to bargain with firefighter organization.
City of Oak Creek (10677-A) 9/72
While the decision of Milwaukee County to layoff 13 deputy sheriffs affected wages, hours and working conditions of employes represented by employe association, the County had no duty to bargain with said association with regard to said decision at the time said decision was made, specifically November 9, 1971, on the adoption of a valid ordinance, despite the fact that the layoffs did not become effective until January 2, 1972.
Milwaukee County (11306) 9/72
M852.2 Effect of Sec. 111.70(3)(a)4
Sec. 111.70(3)(a)4, effective November 11, 1971, established a duty upon municipal employers to bargain in good faith with the representative of a majority of its employes in an appropriate collective bargaining unit, with respect to wages, hours and conditions of employment.
Green Bay Jt. School Dist. No. 1 (10722-B) 8/72; Milwaukee County (11306) 9/72; City of Milwaukee (11854) 5/73
M852.3 Matters Having No Significant Impact on Wages, Hours and Working Conditions
M852.3.1 In General
Matters relating to the management of municipal functions and the supervision of employes in the performance thereof, which matters do not significantly affect wages, hours and conditions of employment of said employes, are reserved to the municipal employer, and therefore the municipal employer is not required to bargain on matters relating to such functions.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74; City of Beloit (Schools) (11831-C) 9/74
M852.3.2 Matters Found Not Subject to Duty to Bargain
Discontinuance of chauffeur service for Assistant Fire Chiefs.
City of Superior (11560-B,C) 5/74
Proposal of teacher association that school district provide clerical aides for teachers.
Oak-Creek Franklin Jt. School Dist. No. 1 (11827-D) 9/74
Selection and qualifications of teacher evaluators and assistance to teachers having professional difficulties or any techniques relating to such assistance.
City of Beloit (Schools) (11831-C) 9/74
M852.4 Matters Having an Impact on Wages, Hours and Working Conditions
M852.4.1 In General
Functions relating to management of the municipal functions are reserved to the management and direction of the municipality and therefore municipality is not required to bargain regarding such managerial functions, except insofar as the implementation thereof affects wages, hours and conditions of employment of teachers.
City of Superior (11560-B,C) 5/74; Oak Creek-Franklin City School Dist. No. 1 (11827-D) 9/74; City of Beloit (Schools) (11831-C) 9/74
M852.4.2 Matters Found Subject to Duty to Bargain
While decision to eliminate chauffeur service for Assistant Fire Chiefs and other positions was reserved to management, City of obligated to bargain the effects of such decisions on the impact of wages, hours and conditions of employment of employes involved.
City of Superior (11560-B,C) 5/74
While School District has the right to unilaterally establish class size, it has the duty to bargain with respect to the impact thereof since the size of the class affects the work load of the teacher.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74; City of Beloit (Schools) (11831-C) 9/74
Teacher association’s proposal with regard to teacher-pupil contact hours, and the number of preparations that may be required of a teacher concern matters of educational policy, and therefore are permissive and not mandatory subjects of bargaining. Such decisions directly articulate the District’s determination of how quality education may be attained and whether to pursue same. However, the impact thereof, has direct affects on a teacher’s working conditions, and therefore, the impact thereof is subject to mandatory bargaining.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74
Teacher association’s proposal on the establishment of a Committee on Resource Centers concerns a matter of basic educational policy because it involves a question of whether a certain educational program should be pursued. Therefore, School District has no mandatory duty to bargain with respect to said proposal, except to the extent that, if such a committee were to be established, the District would be obligated to bargain on the impact thereof, as such impact affects the wages, hours and conditions of employment of teachers serving on said committee.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74
While School District has no mandatory duty to bargain on proposal of teacher association that District employ additional librarians? If the teachers are required to perform duties over and above those duties they would normally perform if such personnel were available the District has the duty to bargain on the impact thereof.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74
Teacher association’s proposal that School District establish a pilot program for emotionally disturbed students directly relates to educational policy, and therefore District has no duty to bargain on such proposal. However should the District establish such a program and should teachers be expected to participate therein, District has duty to bargain on the impact thereof on wages, hours and working conditions of the teachers involved.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74
While curriculum study and planning concerns basic educational policy, and therefore not subject to mandatory bargaining, should teachers be expected to participate therein, teacher association has right to bargain on the impact of such participation on wages, hours and working conditions.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74
School District has no duty to bargain with teacher association with respect to the utilization of practice and intern teachers, para-professionals, or the establishment of a committee relating to setting standards and guidelines relating thereto. However, if such personnel are employed and perform duties performed by teachers, association has the right to bargain with respect to the impact thereof.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74
While the establishment of a committee to establish a job description for unit chairman relates to School District’s management function, if teachers participate on such a committee, such participation has an impact on wages, hours and working conditions, and therefore the matters relating to such participation are subject to the duty to bargain.
Oak Creek-Franklin Jt. City School Dist. No. 1 (11827-D) 9/74
Proposals of teacher association relating to the establishment of Department Heads found to relate to either School District’s management function or to educational policy, however should the District establish such positions and assign duties thereto, which duties are neither managerial, supervisory or confidential, such duties will have an impact on wages, hours and working conditions of unit employes, and therefore such impact is subject to bargaining.
Oak Creek-Franklin Jt. City School Dist. No. 1 (11827-D) 9/74
The need for establishing reading programs and summer school is a matter of educational policy and therefore School District has no duty to bargain with respect to proposals to establish same. However, if such programs are established involving teachers, the impact of same upon their wages, hours and working conditions is a mandatory subject of bargaining.
City of Beloit (Schools) (11831-C) 9/74
M852.5 Matters Having a Direct and Intimate Effect on Wages, Hours and Conditions of Employment.
M852.5.1 In General
Matters primarily relating to wages, hours and conditions of employment of municipal employes are not reserved to the management and direction of the municipal employer within the meaning of Sec. 111.70(1)(d) of MERA, and therefore the municipal employer is required to engage in collective bargaining on such matters.
Oak Creek-Franklin Jt. School Dist. No. 1 (11827-D) 9/74; City of Beloit (Schools) (11831-C) 9/74
M852.5.2 Matters Found Subject
Size of snow plowing crew.
City of Wauwatosa (10670-A) 12/71
Retroactivity of wages, hours and working conditions to be included in collective bargaining agreement.
Racine County (10917-A,B) 7/72 (Aff. Racine Co. Cir. Ct., 7/73); Racine Unified School Dist. No. 1 (11315-B,D) 4/74
Requirement that employes reside in municipality.
Milwaukee Sewerage Commission (11228-A) 10/72; City of Brookfield (11406-A,B) 9/73 (Aff. Waukesha Co. Cir. Ct., 6/74); City of Clintonville (12187-A) 5/74; City of Clintonville (12186-B,C) 8/74
Premium pay for assigned additional duties.
Village of Shorewood,(11716) 3/73
Non-renewal of individual teacher contracts.
Appleton Jt. School Dist. No. 10 (10996-A,B) 6/73
Grievance and arbitration procedures to be included in collective bargaining agreement.
Racine Unified School Dist. No. 1 (11315-B,D) 4/74
Matters of orientation of new teachers as to evaluative procedures and instruments; length of observation period; number and frequencies of observations; copies of observation reports and conferences regarding same; teacher’s objections to evaluations; teacher files and records; notification of delinquencies and expected corrections; right of representation prior to reprimand, warning or discipline; just cause standard with respect to employment status; layoffs and recall of employes, and proposals relating to problem students where behavior of students present a physical threat to teachers; and school calendar.
City of Beloit -(Schools) (11831-C) 9/74
Sub-contracting the furnishing of school food service, previously performed by employes, to catering firm, held to be subject to the duty to bargain.
Racine Unified School Dist. No. 1 (12055-B) 10/74
M852.6 Waiver of Duty to Bargain
A waiver of the right to bargain on a mandatory subject of bargaining must be clear and unmistakable.
City of Brookfield (11406-A,B) 9/73; Fennimore Jt. School District No. 5 (11865-A,B) 7/74
M852.7 Acts Found Violative of Duty to Bargain
County, by refusing to negotiate with Sheriff’s Association on retroactivity of wage increases, found to have refused to bar-gain in good faith, despite existence of an ordinance prohibiting retroactive payment.
Racine County (10917-A,B) 7/72 (Aff. Racine Co. Cir. Ct., 7/73)
While Sec. 111.70(2) permits a municipal employer to receive a showing of interest from employes opposing the implementation of a fair share agreement, School Board, by permitting an individual teacher to speak at an open meeting of the School Board in an attempt to persuade the School Board not to agree to a fair share agreement, which had been proposed by the majority representative in pending negotiations, found to have refused to bargain in good faith with said representative in violation of Sec. 111.70(3)(a)4.
Madison Jt. School Dist. No. 8 (11272) 9/72 (Aff. Dane Co. Cir. Ct., 10/73)
It is a violation of Sec. 111.70(3)(a)4 when a municipal employer unilaterally changes a condition of employment, where the employes involved are represented for the purposes of collective bargaining.
City of Wisconsin Dells (11646) 3/73; City of Brookfield (11406-A,B) 9/73
City, by failing and refusing to meet with the exclusive representative of the employes involved, found to have refused to bargain as required in Sec. 111.70(3)(a)4.
City of Wisconsin Dells (11646) 3/73
Where County Personnel Committee, after reaching a tentative agreement in negotiations with Union, failed to introduce a resolution to obtain ratification of same by County Board, and where certain members of said committee subsequently voted against a portion of said tentative agreement, and where County Board severed certain portions of said tentative agreement, County found not to have bargained in good faith as contemplated in Sec. 111.70(3)(a)4.
Adams County (11307-A,B) 5/73
School Board, by refusing to act on the ratification and implementation of tentative agreement reached by its agent and union, and by conditioning its ratification on the renegotiation thereof on issues not raised during negotiations, found to have failed to bargain in violation of Sec. 111.70(3)(a)4.
Green Bay Tech. Institute (11352-A) 9/73
School Board, during negotiations with teacher association, by unilaterally establishing a new grievance procedure, by more narrowly defining matters which could be grieved by eliminating a provision for binding arbitration, and by changing, or eliminating, certain working conditions, found to have violated duty to bargain.
Racine unified School Dist. No. 1 (11315-B,D) 4/74
School Board, by unilaterally implementing salary changes, found to have failed to bargain within meaning of Sec. 111.70(3)(a)4.
Madison Jt. School Dist. No. 8 (12610) 4/74
City, by failing to give union notice of management decisions and opportunity to bargain concerning effects of elimination of chauffeur service for Assistant Chiefs, effects of merger of two positions within bargaining unit, and concerning reclassification of employes assigned to certain work within bargaining unit, violated Section 111.70(3)(a)(4).
City of Superior (11560-B,C) 5/74
School Board, by unilaterally changing school calendar, found to have refused to bargain in violation of Sec. 111.70(3)(a)4.
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
City, by unilaterally establishing a work rule, prohibiting employes from holding multiple jobs, and by terminating employes pursuant to said unilateral rule, found to have violated Sec. 111.70(3)(a)4.
City of Oak Creek (12105-A,B) 7/74
City, by refusing to bargaining with police association concerning the requirement that officers reside in city limits, and the resultant discharge of an officer because he did not reside in the city, found to have refused to bargain in violation of the Act.
City of Clintonville (12186-B,C) 8/74
Either party may seek advice and counsel from others during their negotiations. However, the timing of seeking such advise and counsel may very well be determinative as to whether the party seeking same is bargaining in good faith as contemplated in the Act. Unless clearly understood to the contrary, if same is sought after a tentative agreement was reached daring the negotiations on substantive issues, the party seeking such advice and counsel will not have bargained in good faith where new issues are created as a result thereof and such party insists upon the implementation of the advice. If either party intends to have the tentative agreement reviewed for both language and substantive proposals, it has the duty to so advise the other party prior to reaching a tentative agreement on all issues.
Hartford Union High School Dist. (11002-A,B) 9/74
Where during negotiations, teacher organization and School Board had an understanding that, upon ratification of master agreement by members of the teacher organization, School Board would submit
said agreement to the Wisconsin School Board Association for review except for substantive matters, School Board found to have refused to bargain within the meaning of Sec. 111.70(3)(a)4, by refusing to present said master agreement for action, pursuant to Sec. 66.77, Wis. Stats., following response from the WASB, which caused the School Board to draft proposed deletions, additions and modifications of the substantive provisions of the master agreement.
Hartford Union High School Dist. (11002-A,B) 9/74
City found to have refused to bargain in violation of Sec. 111.70 (3)(a)4 by unilaterally establishing a new position in the bargaining unit and a rate therefore. The fact that City established position after the complaint had been filed did not excuse the City from such duty to bargain.
City of Beaver Dam (12152-A,B) 9/74
Village Fire Chief, by unilaterally changing conditions of employment in limiting trade request of firefighters, committed a prohibited practice in violation of Sec. 111.70(3)(a)4.
Village of Shorewood (13024) 9/74
School District by failing and refusing to bargain with respect to decision to sub-contract food service program to outside firm, in which program District had previously employed employes represented by employe organization, found to have committed a prohibited practice within the meaning of Sec. 111.70(3)(a)4 of MERA.
Racine Unified School Dist. No. 1 (12055-B) 10/74
City, by unilaterally assigning extra duties to firefighters, normally not performed by them, found to have failed to bargain in violation of Sec. 111.70(3)(a)4.
City of Menomonie (12564-A,B) 10/74
Refusal of County to bargain with certified representative on the basis of an existing agreement with another organization, found violative of the Act since agreement was entered into during pendency of election proceeding which led to certification.
Milwaukee County (12583-A,B) 11/74
M852.8 Acts Found Not Violative of Duty to Bargain
The fact that representatives of School Board could not meet in bargaining at times requested by employe organization held not sufficient to establish that School Board refused to bargain in good faith.
Cudahy Board of Education (10699-A,B) 9/72
Where Deputy Sheriff’s association never requested County to bargain over the effects of a decision to layoff deputy sheriffs, County found not to have refused to bargain in good faith within the meaning of Sec. 111.70(3)(a)4.
Milwaukee County (11306) 9/72
Where County agreed in negotiations to withdraw Court appeal of Commission decision and to seek a Declaratory Ruling from the Commission with respect to effect of residency ordinance, refusal of County to withdraw appeal, after Commission declined to process Declaratory Ruling since Commission had previously determined said issue in the decision appealed to the Court, found not to have refused to bargain within the meaning of Sec. 111.70(3)(a)3.
Racine County (11709) 3/73
Evidence did not support Union’s allegation that County refused to bargain with respect to longevity pay for Deputy Sheriffs, and therefore complaint in the regard was dismissed.
Racine County (11710) 3/73
Commission found evidence insufficient to warrant a finding that School District failed to meet or to have engaged in dilatory tactics at the bargaining table.
Shorewood School Dist. No. 4 (11410-C) 1/74
Refusal to participate in mediation does not constitute a violation of Sec. 111.70(3)(a)4.
Shorewood School Dist. No. 4 (11410-C) 1/74
Where wage data furnished to labor organization was in error, though inadvertently, Commission concluded that such fact did not warrant a conclusion that School District engaged in bad faith bargaining.
Shorewood School Dist. No. 4 (11410-C) 1/74
School District’s refusal to execute collective bargaining agreement until pending complaint was withdrawn by labor organization found not to be violative of Sec. 111.70(3)(a)4 where (1) labor organization suggested that complaint would be withdrawn, (2) School District never refused to engage in negotiations until complaint was first dismissed, (3) both parties understood that such a dismissal might facilitate the reaching of an agreement, (4) School District thereafter made it most clear that its approval of the agreement was subject to the dismissal of the complaint, as previously agreed, and (5) labor organization reneged on said understanding.
Shorewood School Dist. No. 4 (11410-C) 1/74
School Board’s determination, made during bargaining, that any settlement reached on new agreement, after expiration of existing agreement, would not be retroactive found not to have constituted a refusal to bargain within the meaning of Sec. 111.70(3)(a)4.
Racine Unified School Dist. No. 1 (11315-B,D) 4/74
School Board, by unilaterally limiting certain busing operations, while in bargaining with teacher association, found not to have violated duty to bargain.
Racine Unified School Dist. No. 1 (11315-B,D) 4/74
School Board, while bargaining on anew agreement prior to expiration of existing agreement, the latter of which provided that negotiations could be held in open meetings if mutually agreed upon, by offering to open meetings to the press under certain conditions found not to have violated duty to bargain.
Racine Unified School Dist. No. 1 (11315-B,D) 4/74
Municipal employer, by refusing to engage in negotiations in public found not to have refused to bargain in good faith in violation of Sec. 111.70(3)(a)4, since such a demand by labor organization did not constitute a proposal regarding wages, hours and working conditions.
City of Lake Geneva (12184-B) 5/74; Walworth County (12690) 5/74
City, by entering into an agreement with firefighter organization, containing a provision providing for parity with police, found not to have failed to bargain with police organization as contemplated in the Act.
City of West Allis (12706) 5/74
City, by filing prohibited practice case and seeking to postpone final and binding arbitration hearing, found not to have refused to bargain within meaning of Sec. 111.70(3)(a)4.
City of Stevens Point (12652-B,C) 10/74
By submitting its final offer for interest arbitration, which offer failed to incorporate provisions of previous agreement or tentative agreements which had been reached during bargaining, City did not commit a prohibited practice in violation of Sec. 111.70(3)(a)4.
City of Stevens Point (12652-B,C) 10/74
(a) New
M860 VIOLATION OF COLLECTIVE BARGAINING AGREEMENT:
SECTION 111.70(3)(a)5
M861 EFFECT OF SEC. 111.70(3)(a)5
The Municipal Employment Relations Act, effective November 11, 1971, provides that a violation of the terms of a collective bargaining agreement by a municipal employer constitutes a prohibited practice within the meaning of Sec. 111.70(3)(a)5.
In determining whether a municipal employer committed a prohibited practice by violating the terms of a collective bargaining agreement, as alleged in complaint filed after the adoption of MERA, Commission will not consider activity occurring prior to the effective date of MERA.
Green Bay Jt. School Dist. No. 1 (11021-A) 11/72; Ashland School Dist. No. 1 (10753-A,B) 8/73
Nothing contained in MERA dictates that collective bargaining agreements entered into prior to adoption of MERA should be excluded from enforcement under Sec. 111.70(3)(a)5.
Milwaukee Board of School Directors (11330-C) 6/73
M862 NATURE OF AGREEMENT
“Letter of Intent” executed by negotiator of municipal Employer and Union representative, covering various conditions of employment and certain pay benefits not covered by existing collective bargaining agreement, found to constitute a binding collective bargaining agreement.
Milwaukee Sewerage Commission (11407-A,B) 6/73
Agreement made during course of arbitration hearing on teacher’s non-renewal set forth conditions for re-employment of teacher, found to constitute a collective bargaining agreement within the meaning of MERA.
Menomonie Jt. School Dist. No. 1 (12385-B,C) 9/74
M863 EXPIRED AGREEMENT
The fact that collective bargaining agreement has expired does not extinguish the right of the employe organization to seek a determination as to whether municipal Employer violated said agreement during its duration.
Oostburg School Dist. No. 14 (11196-A,B) 12/72; Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73; Alma Center School Dist. No. 3 (11628) 2/73; Abbotsford Jt. School Dist. No. 1 (12202-A,B) 5/73
M864 EFFECT OF BUDGET LIMITATIONS
The fact that Fiscal Board of School District reduced School Board budget does not permit School Board to vitiate provisions in duly executed collective bargaining agreement.
West Allis-West Milwaukee Jt. School Dist. No. 1 (11014-A,B) 4/73
M865 NATURE OF PROVISIONS INVOLVED
M865.1 RELATING TO RECOGNITION
Where collective bargaining agreement contained no express subcontracting provision, and where School District sought to fill vacancy involved with unit employes, and where no present employe was laid off, recognition clause in agreement did not prohibit School District from sub-contracting work previously performed by employe who quit.
Nicolet Jt. High School Dist. No. 1 (12672-A,B) 11/74
M865.2 Relating to Contractual Duty to Bargain
Where “savings clause” in collective bargaining agreement provided for bargaining or replacement of any provision therein which “should be held invalid by operation of law or by any tribunal of competent jurisdiction, and where parties incorporated Federal Pay Board’s wage increase determination in executed agreement, which increase was other than included in Memorandum of Understanding existing prior to the execution of the collective bargaining agreement, City did not violate agreement by refusing to bargain a “replacement” provision.
City of Milwaukee (11854) 5/73
M865.3 Relating to Grievances and Arbitration
M865.3.1 Generally
In complaints seeking to enforce arbitration provisions in collective bargaining agreements, the Commission will ascertain whether the party seeking arbitration is making a claim, which on its fact, is governed by the collective bargaining agreement.
Oostburg Jt. School Dist. No. 14 (11196-A,B) 12/72; Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73; Monona Grove Jt. School Dist. No. 4 (11614-A,B) 8/73; Manitowoc County (12047-A,B) 10/73; Weyerhauser Jt. School Dist. No. 3 (12984) 8/74; Portage Jt. School Dist. No. 1 (12116-A,B) 11/74
Where grievance procedure provided that the parties “may” mediate grievance, failure of municipal employer to proceed to mediation thereon found not to have violated collective bargaining agreement.
Juneau County (12547) 3/74
Commission dismissed complaint filed by union alleging that municipal employer refused to proceed to arbitration, as provided in collective bargaining agreement, where union failed to request municipal employer to so proceed.
City of St. Francis (12097-A,D) 10/74
M865.3.2 Rights of Individual Employes
Sec. 111.70(4)(d)1, while affording a “right” to individual employes to present and confer with a municipal employer on grievances, does not grant employes any contractual right with regard to the processing of grievances.
Milwaukee Board of School Directors (11280A,B) 12/72
A grievant’s choice of representation of seeking redress of an alleged violation of an anti-discrimination statute does not affect the grievant’s right to representation by his exclusive bargaining representative in seeking redress through advisory arbitration as provided in agreement.
Alma Center School Dist. No. 3 (11623) 2/73
M865.3.3 Rights of Bargaining Representative
Issue as to whether collective bargaining representative may pursue advisory arbitration procedure, regardless of the individual grievant affected, is a question of interpretation or application of the arbitration provision of the agreement, and therefore such issue is for the arbitrator to determine.
Alma Center School Dist. No. 3 (11628) 2/73
Failure of School Board to permit representative access to materials and data necessary to performance of representative status in processing, non-renewal of teacher and refusal to admit agent of representative to be present at grievance meeting involving said teacher, found to be violative of contractual provisions and therefore violative of Sec. 111.70(3)(a)5.
Slinger Community School Dist. (11167-B,C) 1/74
M865.3.4 Procedural Defenses
Issue as to whether Union properly processed grievance is no defense to Municipal Employer’s failure to proceed to arbitration, as required in collective bargaining agreement, since such procedural issue is, in itself, subject to arbitration.
Monona Grove Jt. School Dist. No. 4 (11614-A,B) 8/73
The failure of teacher or bargaining representative to file grievance concerning deficiencies called to teacher’s alleged deficiencies did not estop the filing of a grievance with respect to teacher’s non-renewal pursuant to contractual grievance procedure.
Slinger Community School Dist. (11167-B,C) 1/74
M865.3.5 Possible Effect of-Arbitration Award
Where collective bargaining agreement provided for advisory arbitration of grievances, the fact that the advisory arbitrator might recommend a remedy which, if implemented, would cause the employer to commit an illegal act, held insufficient reason for dismissal of complaint alleging violation of collective bargaining agreement in failing to proceed to advisory arbitration.
Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73
M865.3.6 Violations Generally
School Board, by failing to proceed to arbitration, as provided in collective bargaining agreement, on a grievance pertaining to lay off of employes and as to an issue whether the grievance procedure had been complied with by the Union, found to have committed a prohibited practice in violation of Sec. 111.70(3)(a)5.
Green Bay Jt. School Dist. No. 1 (11021-A) 11/72
Where the collective bargaining agreement defined a grievance as an event or conditions affecting wages, hours and conditions of employment, and where the agreement provided for arbitration of such grievance, and further provided that the School Board could select and terminate teachers for cause, Commission held non-renewal of an individual teacher’s contract as an event affecting conditions of an individual teacher’s contract as an event affecting conditions of employment and ordered the School Board to proceed to arbitration.
Oostburg Jt. School Dist. No. 14 (11196-A,B) (Aff. Sheboygan Co. Cir. Ct., 6/74); Monona Grove Jt. School Dist. No. 4 (11614-A,B) 8/73; Ashland Unified School Dist. No. 1 (11861-A) 7/74
School Board’s refusal to proceed to advisory arbitration with respect to the non-renewal of a teacher, and on all issues involved in the grievance with respect thereto, found to have constituted a prohibited practice within the meaning of Sec. 111.70(3)(a)5.
Melrose-Mindoro Jt. School Dist. No. 1 (11627) 2/73; Alma Center School Dist. No. 3 (11628) 2/73
Issue as to whether leave of absence granted to a teacher was one contemplated under the collective bargaining agreement, which provided for arbitration, is an issue which the arbitrator must determine.
Alma Center School Dist. No. 3 (11628) 2/73
County found to have violated collective bargaining agreement by refusing to proceed to arbitration with respect to the discharge of employe.
Manitowoc County (12047-A,B) 10/73
School District found to have violated collective bargaining agreement by failing to proceed to arbitration as required in agreement.
Weyerhauser Jt. School Dist. No. 3 (11984) 8/74; Portage Jt. School Dist. No. 1 (12116-A,B) 11/74; Sauk Prairie Public Schools (12600-A,B) 11/74
School Board found to have violated time limits set forth in grievance procedure, where WERC determined to exercise jurisdiction over such issue because of unusual circumstances.
Milwaukee Board of School Directors (12028-A,B) 9/74
New
M865.3.7 Violations Not Found
Where certified teacher was employed as a teacher’s aide, School Board held not required to proceed to arbitration as required in agreement covering teachers, with respect to a grievance of said aide, since, as the face of the agreement, said aide was not covered by the agreement.
Sauk Prairie Schools (13141) 11/74
M865.4 Relating to Wages and Other Pay
Where City, in granting hazardous duty pay to police officers in such an amount, which resulted in violating the differential pay provisions between policemen and firefighters, as provided in the collective bargaining agreement with the firefighter organization, violated such agreement, Commission found City to have committed a prohibited practice within the meaning of Sec. 111.70(3)(a)5.
City of Oak Creek (10677-A,B) 9/72
School Board found not to have violated collective bargaining agreement by failing to place employes in pay range determined by their total length of employment, since transfer of employes to positions involved was made under previous collective bargaining agreement, which determined pay rate based on seniority in classifications only.
Cudahy Board of Education (11118-B) 10/72
Municipal Employer, by not paying “zone fare” to employes as required in collective bargaining agreement, found to have violated Sec. 111.70(3)(a)5.
Milwaukee Sewerage Commission (11407-A,B) 6/73
City found to have violated collective bargaining agreement by failing to pay firefighters “call back” pay as required in said agreement.
City of Superior (11676-A) 6/73
School Board in failing to pay teachers extra duty pay for lunch hour duties, as required in collective bargaining agreement, found to have committed prohibited practice in violation of Sec. 111.70(3)(a)5.
Dodgeland Jt. School Dist. No. 11 (11822-B,C,D) 8/74
School Board found not to have violated collective bargaining agreement by failing to pay teacher for acting as a substitute where teacher was not required by School Board to so act.
Rice Lake Jt. School Dist. (12756-A,B) 12/74
M86S.5 Relating to Fringe Benefits
School Board by discontinuing payment of insurance premiums for teacher aides, contrary to provisions in agreement, committed violation of Sec. 111.70(3)(a)5.
West Allis-West Milwaukee Jt. School Dist. No. 1 (11014-A,B) 4/73
School District found not to have violated collective bargaining agreement by failing to pay health insurance premiums for summer months in which teachers were not actively, employed.
Mayville Jt. School Dist. No. 5 (11186-A,B) 10/74
M865.6 Relating to Hours of Work
Where collective bargaining agreement required that teacher aides would normally be employed “for a minimum of six hours per day”, School Board, by reducing such hours because of lack of funds, nevertheless found to have committed a prohibited practice within the meaning of Sec. 111.70(3)(a)5.
West Allis-West Milwaukee Jt. School Dist. No. 1 (11014-A,B) 4/73
County, by discontinuing the scheduling of greasing time outside normal workday, found that to have violated collective bargaining agreement with respect to hours of work.
Juneau County (12547) 3/74
M865.7 Relating to Working Conditions
City, by changing working conditions in violation of collective bargaining agreement, found to have committed a prohibited practice within the meaning of Sec. 111.70(3)(a)5.
City of Wisconsin Dells (11646) 3/73
M865.8 Relating to Employe Evaluation
School District found not to have violated contractual procedure relating to “year end” report requiring teacher’s performance.
Kimberly Jt. School Dist. No. 6 (11924-B) 1/74
M865.9 Relating to Leaves
Failure to grant employe an “emergency” leave found not violative of collective bargaining agreement, since basis for leave found not to constitute an emergency..
Fennimore Jt. School Dist. No. 5 (11865-A,B) 7/74
M865.10 Relating to Discipline
City found not to have violated collective bargaining agreement in disciplinary employe since said agreement contained no reference to employe discipline.
City of Chippewa Falls (11938-A,B) 4/74
M865.11 Relating to Termination of Employment
Where agreement set forth, as a cause for discharge “moral conduct unbecoming to a member of the teaching profession,” and where evidence established that teacher had placed alcoholic beverage in punch at school prom, such activity constituted cause for discharge. Abbotsford Jt. School Dist. No. 1 (11202-A,B) 5/73
School Board found to have violated procedural provisions of agreement pertaining to teacher evaluation and the resultant determination not to renew the individual teaching contract of said teacher.
Waterloo Jt. School Dist. No. 1 (10946-A,B) 9/73
School District found not to have violated collective bargaining agreement with regard to activity leading up to and including non-renewal of teacher.
Slinger Community School District (11167-B,C) 1/74
Where settlement agreement reached in arbitration proceeding set forth that one of the conditions for re-employment of teacher undergo psychiatric testing to determine his fitness for teaching and where Superintendent refused to accept the psychiatrist’s report that teacher was fit for teaching duties, School District, in refusing to employ teacher found to have committed a prohibited practice within the meaning of Sec. 111.70(3)(a)5.
Menomonie Jt. School Dist. No. 1 (12385-B,C) 9/74
M865.12 Relating to Negotiation Procedure
Teacher Association found not to have violated contractual provision requiring parties to give each other prior notice of press releases during negotiations where, at open meeting of School Board, Chairman of Association bargaining team, made a remark commenting on the cost of the education process.
Slinger Community School Dist. (11270-A,B) 1/74
M870 FAILURE TO ACCEPT BINDING ARBITRATION
AWARD INVOLVING GRIEVANCES:
SECTION 111.70(3)(a)5
M871 EFFECT OF SEC. 111.70(3)(a)5
The Municipal Employment Relations Act provides that the refusal to accept the terms of an arbitration award, where the parties previously had agreed to accept as final and binding upon them constitutes a prohibited practice within the meaning of Sec. 111.70 (3)(a)5.
M872 APPLICATION OF CHAPTER 298, WISCONSIN STATUTES
In the absence of any facts which would establish the lack of, impartiality, or the lack of due process, or acts of misconduct set forth in Sec. 298.10(1), Wis. Stats., the Commission will enforce a final and binding arbitration award.
City of Franklin (11296) 9/72; City of Neenah (10716-C) 10/73
M873 JURISDICTION OF ARBITRATOR
Commission refused to enforce arbitration award where it determined, among other things, that the arbitrator exceeded his jurisdiction in concluding that the employe involved was denied constitutional due process prior to his discharge, since the collective bargaining agreement, by its terms, provided said employe due process through its grievance and arbitration provisions.
City of Neenah (10716-B) 10/72
M874 FINAL DETERMINATION
Where the issue to be resolved by the arbitrator was stipulated as to whether employe was discharged for cause, and where the arbitrator’s award ordered the Municipal Employer to reinstate the employe, but with the possibility that the employe could be discharged following a hearing conducted by the Municipal Employer, Commission found that the Municipal Employer had not committed a prohibited practice by failing to reinstate the employe, since the award was not “final” as to the issue presented to the arbitrator. Rather than dismiss the complaint, Commission remanded matter to the arbitrator for the purpose of issuing an award which would be final and binding.
City of Neenah (10716-B) 10/72
M875 NATURE OF AWAPDS
M875.1 Relating to Fringe Benefits
Commission found that City committed prohibited practice within meaning of Sec. 111.70(3)(a)5, by failing to comply with arbitration award requiring the City to grant part-time employes all benefits flowing from pension and health insurance programs as set forth in collective bargaining agreement.
City of Franklin (11296) 9/72
City found not to have failed to comply with arbitration award by not crediting sick leave to employe reinstated in compliance with award, since arbitrator granted reinstatement, backpay, overtime, holidays, vacation and vacation benefits, and made no reference to accumulated sick leave.
City of Sheboygan (12079-A,B) 11/74
M875.2 Relating to Termination of Employment
Circuit Court set aside Commission order requiring City to reinstate employe as required in award on the conclusion that the arbitrator did not have jurisdiction to rule on the reasonable application of a preexisting residency ordinance under the just cause discharge standard of the collective bargaining agreement.
City of Neenah, Winnebago Co. Cir. Ct., 11/74 (Rev. Decision No. 10716-C, 10/73)
M880 EMPLOYER ACTIVITY UNREGULATED AS PROHIBITED PRACTICES
M881 FAILURE TO IMPLEMENT FACT FINDING RECOMMENDATIONS
Fact Finding recommendations are not binding upon the parties, and the failure to adopt them is not a prohibited practice.
Adams County (11307-A,B) 5/73
M900 PROHIBITED PRACTICES BY MUNICIPAL EMPLOYES, INDIVIDUALLY AND IN CONCEPT WITH OTHERS
*M9lO INTERFERENCE, RESTRAINT AND COERCION OF EMPLOYES: SECTION 111.70(3)(b)l
*m9ll IN GENERAL
M920 ATTEMPTS TO INDUCE AN EMPLOYER TO COERCE, INTIMIDATE OR INTERFERE WITH A MUNICIPAL EMPLOYE’S RIGHTS: SECTION 111.70(3)(b)2
M921 IN GENERAL
(a) New M930 REFUSAL TO BARGAIN IN GOOD FAITH:
SECTION 111.70(3)(b)3
M931 IN GENERAL
(a) New M940 VIOLATION OF COLLECTIVE BARGAINING AGREEMENT:
SECTION 111.70(3)(b)4
(a) New M950 FAILURE TO ACCEPT FINAL AND BINDING ARBITRATION AWARD:
SECTION 111.70(3) (b)4
(a) New M960 COERCION OR INTIMIDATION OF OTHERS THAN EMPLOYES TO INDUCE OTHERS TO BECOME MEMBERS
OF LABOR ORGANIZATION:
SECTION 111.70(3)(b)5
M970 EMPLOYE ACTIVITY UNREGULATED AS PROHIBITED PRACTICES
(M930 in Vol. I of Digest)
*M971 STRIKES
New M972 MISCELLANEOUS ACTIVITY
*m9Bo PROHIBITED PRACTICES BY PERSONS OTHER THAN EMPLOYERS OR EMPLOYES: SECTION 111.70(3)(c)
*Decisions in Vol. I of Digest only.
(a) Entire section is new.
M900 PROHIBITED PRACTICES BY MUNICIPAL EMPLOYES,
INDIVIDUALLY AND IN CONCERT WITH OTHERS
M920 ATTEMPTS TO INDUCE AN EMPLOYER TO COERCE,
INTIMIDATE OR INTERFERE WITH A MUNICIPAL
EMPLOYE’S RIGHTS: SECTION 111.70(3)(b)2
M921 IN GENERAL
Although officer was disciplined for exercising his rights not protected by MERA, police organization, in requesting Chief of Police to expand discipline, found to have failed to fairly represent said officer and consequently coerced and intimidated said officer in violation of MERA.
Racine Policemen’s Professional & Benevolent Corporation (12637, 12637-A) 5/74
(a) New
M930 REFUSAL TO BARGAIN IN GOOD FAITH:
SECTION 111.70(3)(b)3
M931 IN GENERAL
Failure of Union representatives to meet with Municipal Employer for the purpose of negotiating a collective bargaining agreement resulted from an agreement between the parties to suspend negotiations, and therefore Union found not to have committed a prohibited practice within the meaning of Sec. 111.70(1)(b)3.
City of Superior (1446-B,C) 3/73
Insistence by labor organization that municipal employer engage in collective bargaining in meetings open to the public found to have constituted a prohibited practice in violation of Sec. 111.70(3)(b)3.
City of Lake Geneva (12208-B) 5/74; Walworth County (12690) 5/74
Where City understood that Union entered into tentative agreement on certain issues, subject to reaching agreement on all issues, Union found not to have refused to bargain in violation of Sec. 111.70 (3)(b)3 by dropping such tentative agreement in formulating its final offer for final and binding arbitration pursuant to Sec. 111.77.
City of Stevens Point (12639-A,B) 10/74
Firefighter Association found not to have refused to bargain as required by Sec. 111.70(3)(a)4 by reverting to original unconditional “final offer” for the purposes of binding arbitration, pursuant to Sec. 111.77, since subsequent modified offers were contingent on acceptance by City.
City of Superior (12537-A) 5/74
(a) Entire section is new.
(a) New
M940 VIOLATION OF COLLECTIVE BARGAINING AGREEMENT:
SECTION 111.70(3)(b)4
(No Decisions)
(a) New
M950 FAILURE TO ACCEPT FINAL AND BINDING ARBITRATION AWARD:
SECTION 111.70(3)(b)4
(No Decisions)
(a) New
M960 COERCION OR INTIMIDATION OF OTHERS THAN EMPLOYES
TO INDUCE OTHERS TO BECOME MEMBERS
OF LABOR ORGANIZATION:
SECTION 111.70(3)(b)5
(No Decisions)
(a) M970 EMPLOYE ACTIVITY UNREGULATED AS PROHIBITED PRACTICES
(M930 in Vol. 1 of Digest)
M971 STRIKES
(No new Decisions)
New
M972 MISCELLANEOUS ACTIVITY
Labor organization, by refusing to accept mediation, statements that it would engage in “job action” and work stoppages and statements that it would engage in certain political activities, found not to have engaged in any prohibited practices within the meaning of MERA.
Walworth County (12691) 5/74
M980 PROHIBITED PRACTICES BY PERSONS OTHER THAN
EMPLOYERS OR EMPLOYES: SECTION 111.70(3)(c)
(M940 in Vol. 1 of Digest)
(No Decisions)
(a) Entire section is new.
M1000 FACT FINDING
M1010 PARTIES
M1011 LAW ENFORCEMENT PERSONNEL
*M1011 Representatives
*M1011.2 Membership in Organization Which Also Represents Non-Law Enforcement Personnel
M1011.3 Effect of Adoption of MERA
*M1020 APPROPRIATE UNIT
*M1021 LAW ENFORCEMENT PERSONNEL
M1030 CONDITIONS NECESSARY FOR FACT FINDING
*M1031 EFFECT OF QUESTION CONCERNING REPRESENTATION
*M1032 EFFECT OF LOCAL ORDINANCES
*M1032.1 Pertaining to Local Fact Finding
*M1032.2 Pertaining to Salaries and Working Conditions
*M1033 EFFECT OF BUDGET ADOPTION
*M1034 EFFECT OF COLLECTIVE BARGAINING AGREEMENT
New M1034.1 Decisions Rendered After Adoption of MERA
*M1035 EFFECT OF PERSONAL DIFFERENCES BETWEEN REPRESENTATIVES
*M1036 EFFECT OF PENDING COURT ACTION
*M1037 RELATING TO MEET AND NEGOTIATE IN GOOD FAITH
*M1037.1 Condition for Bargaining Established by Municipal Employer
M1038 RELATING TO IMPASSES
*M1038.1 Matters Subject to Bargaining
M1038.2 Reasonable Period of Negotiations
M1039 DEADLOCK FOUND TO EXIST
New M1039.1 Appointment of Fact Finder
M1040 PROCEEDING BEFORE THE FACT FINDER
*M1040.1 Nature
*M1040.2 Extent of Recommendations
*Decisions appear in Vol. 1 of Digest only.
M1000 FACT FINDING
M1010 PARTIES
M1011 LAW ENFORCEMENT PERSONNEL
New
M1011.3 Effect of Adoption of MERA
Prior to adoption of MERA law enforcement personnel were not “employes” within the meaning of Sec. 111.70 and therefore were not entitled to elections to determine their collective bargaining representative. However Sec. 111.70(4)(j) provided means for the designation of such representative. In that regard issues concerning the appropriate unit and issues with respect to confidential, supervisory positions were generally determined by the Commission following the filing of a fact finding petition and either an informal investigation or a formal hearing thereon. Under MERA law enforcement personnel are included as “employes” and therefore questions concerning representation and issues with regard to appropriate units and eligibility of employes are determined in election proceedings.
Sec. 111.77 providing for final and binding arbitration with respect to impasses in collective bargaining involving law enforcement personnel (and firefighters) employed in municipalities having a population of 5,000 1/ inhabitants or more, eliminates statutory fact finding procedures for such employes.
Marinette County (11090) 6/72
M1030 CONDITIONS NECESSARY FOR FACT FINDING
M1034 EFFECT OF COLLECTIVE BARGAINING AGREEMENTS
It should be noted that prior to the adoption of MERA the violation of a collective bargaining agreement did not constitute a prohibited practice, and where the parties did not provide a procedure for the resolution of disputes arising over the interpretation or application of the terms of their agreement, an impasse in that regard could proceed to fact finding.
1/ Reduced to 2,500 on July 18, 1973.
New
M1034.1 Decisions Rendered After Adoption of MERA
Where the parties in their collective bargaining agreement, or otherwise, agree to resolve their differences with respect to wages,
hours and working conditions and have established their own procedures for the resolution of such disputes or impasses, the Commission will not appoint a fact finder.
City of Sheboygan (11272) 9/72
M1038 RELATING TO IMPASSES
M1038.2 Reasonable Period of Negotiations
Where parties had only negotiated on two issues and had only cursorily discussed remaining large number of issues, Commission concluded that the parties were not deadlocked after a reasonable period of negotiations and thereupon dismissed fact finding petition.
Mukwanago Jt. School Dist. No. 10 (12665) 4/74
M1039 DEADLOCK FOUND TO EXIST
Where parties were unable to resolve their differences after a number of negotiation meetings with respect to wages, hours and conditions of employment, Commission found deadlock have existed and ordered fact finding. Kenosha Jt. School Dist. No. 1 (10644) 11/71(x); City of Watertown (10667) 12/71; City of Superior (10686) 12/71; Oshkosh Jt. School Dist. No. 1 (10687) 12/71(x); Adams County (10689) 12/71(x); South Shore Jt. School Dist. No. 1 (10698) 12/71(x); Monroe County (10702) 12/71(x); Vernon County (10721) 1/72(x); City of Oshkosh (10725) 1/72; City of Oconto (10739) 1/72(x); Neenah Voc. Dist. No. 12 (10749) 1/72; Columbia County (10770) 2/72; Oconomowoc Jt. School Dist. No. 3 (10775) 2/72; City of Tomah (10785) 2/72(x); City of Tomah (10786) 2/72; City of Spooner (10802) 2/72; City of La Crosse (10803) 2/72(x); City of Madison (10822) 2/72; Tomah Jt. School Dist. No. 1 (10825) 2/72; Iowa County (10874) 3/72(x); Green Lake County (10918) 4/72(x); Village of Shorewood Hills (11101) 6/72(x); De Forest Bd. of Education (11114) 7/72(x); South Milwaukee Bd. of Education (11128) 7/72; Wild Rose Jt. School Dist. No. 2 (11130) 7/72(x); Franklin School Dist. No. 5 (11142) 7/72; Menomonie Jt. School Dist. No. 1 (11183) 7/72; Sheboygan Jt. School Dist. No. 1 (11213) 8/72(x); Stanley-Boyd Jt. School Dist. No. 4 (11217) 8/72; Waukesha Jt. School Dist. No. 1 (11223) 8/72; Fox Point Jt. School Dist. No. 2 (11259) 8/72; Abbotsford Jt. School Dist. No. 1 (11269) 9/72; City of Eau Claire (11475) 12/72; Fennimore Community Schools (11518) 1/73; Tomah Jt. School Dist. No. 1 (11538) 1/73(x); City of Green Bay (11550) 1/72(x); Eau Claire Tech. Institute (11592) 2/73(x); City of West Bend (11680) 3/73; Menasha Jt. School Dist. No. 1 (11687) 3/73; City of Milwaukee (11792) 4/73(x); Beloit Bd. of Education (11851) 5/73; City of Milwaukee (11953) 6/73; Menomonee Falls Jt. School Dist. No. 1 (12056) 7/73; New Holstein Jt. School District No. 1 (12056) 7/73; New Holstein Jt. School District No. 1 (12125) 8/73(x); Blackhawk Technical Institute (12206) 10/73(x); Hortonville Jt. School District No. 1 (12213) 10/73(x); Cedarburg Board of Education (12230) 10/73(x); Nicolet Jt. High School Dist. No. 1 (12275) 11/73(x); (x) Fact Finding recommendation issued.
City of Milwaukee (12277) 11/73(x); Appleton Jt. School Dist. No. 10 (12339) 12/73; Washington County (12373) 1/74; La Crosse County (12458-A) 2/72(x); Mukwanago Jt. School Dist No. 10 (12553) 3/74; City of Burlington ( 2605) 4/74(x); City of Appleton (12629) 4/74(x); Woodruff-Arbor Vitae Jt. School Dist. No. 1 (12659) 4/74(x); Fond du Lac County (12660) 4/74(x); Milwaukee Area Tech. College (12753) 5/74(x); Columbia County (12770) 6/74; Sheboygan Jt. School Dist. No. 1 (12874) 7/74(x); Village of Niagara (12945, 12946) 8/74(x); City of Madison (12987) 9/74 (x); Elmbrook Jt. School Dist. No. 21 (13020) 9/74; City of Adams (13158) 11/74(x); St. Croix Jt. School Dist. No. 1 (13162) 11/74; City of Monona (13207) 12/74
New
M1039.1 Appointment of Fact Finder
That in the absence of an agreement calling for the selection of a Fact Finder by a procedure other than that set out in Section 111.70 (4)(c)3a, or a joint request for a three member panel as provided therein, the Wisconsin Employment Relations Commission is obligated to follow the statutory procedure set out therein and appoint a single Fact Finder from the panel of Fact Finders maintained by it and referred to in Rule ERB 14.09(3).
City of Milwaukee (11792) 4/73
M1040 PROCEEDING BEFORE THE FACT FINDER
M1040.2 Extent of Recommendations
The Fact Finder has the authority to determine the sequence of the issues to be presented before him and whether he will separately issue interim final recommendations with respect to each issue, or whether he will combine his recommendations and issue said recommendations on the issues involved in one document.
City of Milwaukee (12277-B) 12/73
(x) Fact Finding recommendations issued.
(a) New M1100 LAW ENFORCEMENT AND FIREFIGIITER PERSONNEL
INTEREST ARBITRATION
M1110 PURSUANT TO SEC. 111.70(jm) of MERA
M1111 IN GENERAL
M1112 IMPASSE FOUND TO EXIST
M1150 PURSUANT TO SEC. 111.77
M1151 IN GENERAL
M1152 CONDITION PRECEDENT
M1152.1 Notice Requirement
M1152.2 Nature of Final Offers
M1152.3 Amendment of Final Offers
M1153 IMPASSE FOUND TO EXIST
M1155 JURISDICTION OF ARBITRATOR
(a) Entire Chapter is new.
(a) New
M1100 LAW ENFORCEMENT AND FIREFIGHTER PERSONNEL
INTEREST ARBITRATION
M1110 PURSUANT TO SEC. 111.70(jm) OF MERA
M1111 IN GENERAL
Sec. 111.70(jm) of MEPA applies to impasses in collective bargaining involving law enforcement personnel in cities of the first class.
M1112 IMPASSE FOUND TO EXIST
Where city and policemen’s association stipulated that they had reached an impasse in their bargaining on a successor agreement, Commission ordered the parties to proceed to final and binding arbitration, and provided them with a panel of five arbitrators, from which the parties selected a single arbitrator, and thereupon the Commission formally appointed the arbitrator to issue a final and binding award.
City of Milwaukee (11571) 1/73(x)
M1150 PURSUANT TO SEC. 111.77
M1151 IN GENERAL
Sec. 111.77 of MERA applies to impasses in collective bargaining involving law enforcement and firefighter personnel in all municipalities, except those of the first class and those having a population of less than 2,500. Section 111.77 of MERA contemplates that only impasses arising in negotiations of a “new contract or a contract containing the proposed modifications” of an existing contract are subject to final and binding arbitration. Nothing in Section 111.77 contemplates that impasses, involving law enforcement and firefighter personnel, which occur other than in negotiations of a new contract, or of proposed modifications of existing contract, are subject to arbitration pursuant to Section 111.77. Impasses which occur in the processing of contractual grievances, or with respect to collective bargaining, during the term of an agreement, on matters not covered by said agreement, are not within the purview of said Section. Of course there is nothing in the statute to prevent the implementation of arbitration procedures voluntarily agreed upon by the parties for the resolution of such matters.
City of Green Bay (12307-A) 2/74
(x) Final and Binding Award issued.
M1152 CONDITION PRECEDENT
M1152.1 Notice Requirement
Notice requirements set forth in Secs. 111.77(1)(c) and (2), as well as in the rules of the Commission pertaining to same, held to be directory rather than mandatory.
City of Eau Claire (11573) 1/73; Marinette County (11800) 4/73
M1152.2 Nature of Final Orders
Final offers should specifically set forth each demand or offer of each of the parties.
City of Superior (11585) 2/73
Commission ordered Policemen’s Association to present a more detailed proposal with regard to one of its demands so there may be no doubt regarding the implementation thereof if said issue was presented to the arbitrator.
City of Madison (12409-A) 2/74
M1152.3 Amendment of Final Offers
Amendments to final offers in collective bargaining contemplated by the statutes refer to matters and to contract periods which have previously been the subject of collective bargaining negotiations, and neither the statutes nor public policy permits other amendments.
Milwaukee County, 64 Wis. 2d 551, 10/74
After a petition for final and binding arbitration is filed pursuant to Sec. 111.77(4)(b), Stats., one of the parties may not amend its “final offer” to include a contract period which was not the subject of collective bargaining negotiations prior to petitioning for final and binding arbitration.
Milwaukee County, 64 Wis. 2d 551, 10/74
M1153 IMPASSE FOUND TO EXIST
Where parties were found to have reached an impasse on matters relating to wages, hours and working conditions, Commission ordered the parties to proceed to final and binding arbitration, and provided them with a panel of five arbitrators from which the parties selected a single arbitrator, and thereupon the Commission formally appointed the arbitrator to issue a final and binding award, selecting the final offer of one of the parties, unless the parties previously had agreed that the award of the arbitrator be not so limited.
City of Tomah (11050) 6/72(x); Marinette County (11090) 6/72(x); Columbia County (11121) 7/72(x); Racine County (11169) 7/72(x); Portage County (11176) 7/72(x); City of West Allis (11180) 7/72 (x); City of Waukesha (11012-A) 9/72(x); City of Hudson (11479) 12/72(x); City of Chippewa Falls (11537) 1/73(x); City of Green Bay (11550) 1/73; (x) Awards issued, other impasses resolved after appointment of arbitrator but prior to issuance of Award.
Milwaukee County (11557) 1/73(x); City of Eau Claire (11573) 1/73; Rock County (11581) 1/73(x); City of Sun Prairie (11459-A) 2/73; Jefferson County (115845-2/73(x); City of Appleton (11597) 2/73(x); City of Cedarburg (11617) 2/73; City of Rice Lake (11618) 2/73(x); City of Superior (11585-A) 3/73(x); City of Middleton (11599-A) 3/73; Kenosha County (11632) 2/73(x); City of Jefferson (11649) 3/73; City of West Bend (11662) 3/73; City of Beaver Dam (11760) 4/73 (x); City of Wauwatosa (11790) 4/73; City of Waukesha (11799) 4/73(x); Marinette County (11800) 4/73; City of La Crosse (11942) 6/73(x); City of Kiel (12102) 8/63; City of Stoughton (12203) 10/73; City of Rhinelander (12311) 12/73; Adams County (12314) 12/73; City of New Berlin (12330) 12/73(x); Village of Greendale (12141) 12/73; City of Superior (12354) 12/73(x); City of Oconomowoc (12388) 1/74(x); Waukesha County (12392) 1/74(x); Door County (12400) 1/74(x); City of Oshkosh (12424) 1/74; West Milwaukee (12444 & 12445) 1/74(x); City of Stevens Point (12452) 1/74(x); La Crosse County (12458) 1/74; City of Madison (12409) 2/74(x); City of Ripon (12455) 2/74; City of Beloit (12493) 2/74; City of Green Bay (12307-A) 2/74(x); City of Kenosha (12500) 2/74(x); Winnebago County (12518) 2/74(x); City of Menasha (12531) 3/74(x); Dodge County (12540) 3/74(x); City of Beloit (12564) 3/74(x); City of Manitowoc (12572) 3/74(x); City of Muskego (12630) 4/74(x); City of Clintonville (12662) 5/74(x); City of Marshfield (12680) 5/74(x); Douglas County (12702) 5/74(x); Manitowoc County (12721 & 12722) 5/74(x); City of Port Washington (12720) 5/74; Jackson County (12791) 6/74; City of Wauwatosa (12811) 6/74(x); Village of Shorewood (12821) 6/74; City of De Pere (13097) 10/74(x); Sawyer County (13120) 10/74; City of Rice Lake (13142) 11/74(x); Waukesha County (13148) 11/74; City of Milwaukee (13167) 11/74(x); City of Fond du Lac (13183) 11/74 (x); City of Sun Prairie (13139-A) 11/74; City of Menomonie (13208) 12/74(x); City of Dodgeville (13217) 12/74(x)
M1155 JURISDICTION OF ARBITRATOR
A final offer, although it can be amended and submitted to final arbitration, must, if amended, be germane to the matters subject to negotiations in the prior bargaining sessions. The interjection of a new contract time period in an amended final offer after the petition is filed presents a question not germane to the previous negotiations and is beyond the statutory jurisdiction of the arbitrators and therefore Supreme Court upheld trial court’s Order directing the portion of arbitrator’s award dealing with second year of an agreement since such time period was not involve(] in the negotiations leading to the arbitration proceeding.
Milwaukee County, 64 Wis. 2d 551, 10/74
(x) Awards issued, other impasses resolved after appointment of arbitrator but prior to issuance of Award.
(a) New M1200 FAIR SHARE AGREEMENTS
M1210 IMPLEMENTATION OF FAIR SHARE AGREEMENTS
M1211 REFERENDUM NOT REQUIRED
M1212 STIPULATION REQUESTING A REFERENDIJM PRIOR TO IMPLEMENTATION OF FAIR SHARE AGREEMENT
M1213 PETITION FOR REFERENDUM TO DETERMINE CONTINUATTON OF FAIR SHARE AGREEMENT
M1213.1 Showing of Interest
M1213.2
M1213.2.1 Where Fair Share Agreement Was Previously Implemented Without a Referendum or Where Less Than Majority of Employes Favored Implementation in a Referendum
M1213.2.2 Where at Least a Majority of Employes Eligible Previously Voted for Implementation
M1213.3 Effect of Petition on Dues Deduction
M1214 THE REFERENDUM
M1214.1 Eligibility to Participate in Referendum
M1214.2 Objections to Conduct
M1214.2.1 Parties
(a) Entire chapter is new.
(a) New
M1200 FAIR SHARE AGREEMENTS
M1210 IMPLEMENTATION OF FAIR SHARE AGREEMENTS
M1211 REFERENDUM NOT REQUIRED
Sec. 111.70(2) permits the implementation of a fair share agreement without the necessity of a referendum among the employes involved.
Madison Jt. School Dist. No. 8 (11271) 9/72
There is nothing in MERA which prohibits a Municipal Employer from receiving a “showing of interest” from employes opposing the implementation of a fair share agreement.
Madison Jt. School Dist. No. 8 (11271) 9/72
M1212 STIPULATION REQUESTING A REFERENDUM PRIOR TO IMPLEMENTATION OF FAIR SHARE AGREEMENT
Commission Rule ERB 15.03 provides for a stipulation requesting a referendum prior to implementation of a fair share agreement, provided therein the employer agrees to implement same should the required number of employes favor same, and, further, providing the union involved agrees to withdraw its fair share proposal should the required number of employes not vote in favor thereof.
Madison Jt. School Dist. No. 8 (11271) 9/72
Since there is no provision in MERA which required that a referendum be conducted prior to the implementation of a fair share agreement, the parties involved may agree to whatever voting standard they wish, as Rule ERB 15.11(2)(b) is so worded and interpreted to include within its coverage the voting standard agreed upon.
Milwaukee Technical College (12121-A) 10/73
Where Union and Municipal Employer agreed to implement a fair share agreement provided that a majority of eligible employes voted in favor thereof, such standards deemed proper to meet the requirements set forth in Rule ERB 15.11(2)(b).
Milwaukee Technical College (12121-A) 10/73
M1213 PETITION FOR REFERENDUFI TO DEI’EININE CONTINUATIO14 OF FAIR SHARE AGREEMENT
M1213.1 Showing of Interest
Showing of interest in support of petition seeking a referendum to determine whether fair share agreement should be continued is administratively determined by the Commission, as set forth in ERB 15.05(3) and cannot be litigated in the absence of an indication of fraud in obtaining same.
Milwaukee Technical College (12709) 5/74
(a) Entire chapter is new.
M1213.2 Timeliness
M1213.2.1 Where Fair Share Agreement was Previously Implemented Without a Referendum or Where Less Than a Majority of Employes Favored Implementation in a Referendum
Commission Rule ERB 15.11(c), pertaining to time requirements for filing a petition to determine whether a fair share agreement shall be continued, is not applicable where there has been no referendum conducted prior to the implementation of a fair share agreement, or where a referendum has been conducted and less than a majority of eligible employes voted in favor of same, pursuant to the standard established by the parties to implement same.
Milwaukee Technical College (12121-A) 10/73
M1213.3.2 Where at Least a Majority of Employes Eligible Previously Voted for Implementation
Once a majority of eligible employes favor the implementation of, or the continuation of a fair share agreement, the Commission, under Rule ERB 15.11(c) generally will not process a petition for a subsequent referendum unless it is filed within sixty days prior to the late set for the termination or reopening of the existing collective bargaining agreement, and provided that the results of the previous referendum have not been certified within six months preceding the commencement of said sixty-day period.
Milwaukee Technical Collage (12121-A) 10/73
M1213.3 Effect of Petition on Dues Deduction
Pendency of a referendum proceeding to determine whether employes desire to continue fair share agreement does not require Municipal Employer to hold dues deducted, pursuant to existing fair share agreement, in escrow, pending results of referendum. If the employes do not favor the continuation of the fair share agreement, all dues deducted pursuant thereto prior to the certification of the results of the referendum are payable to the Union, and thereafter all fair share deductions shall cease.
City of Appleton (11043) 6/72
M1214 THE REFERENDUM
M1214.1 Eligibility to Participate in Referendum
Employes, although employed on day of balloting, who had previously indicated an intent to resign from employment, held not eligible to vote in referendum.
Washington County (12826-C) 10/74
M1214.2 Objections to Conduct
M1214.2.1 Parties
Employe organization, who was not a party to a referendum to implement a fair share agreement, is not a proper party to file objections to the conduct thereof. Milwaukee Technical College (12121-A) 10/73