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STATE OF WISCONSIN

CIRCUIT COURT VI

BROWN COUNTY

SANDRA A. ANDERSON

Complainant-Petitioner

vs.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION,

Respondent.

Case No. 88 CV 2916

Decision No. 24474-E

NOTICE OF ENTRY OF JUDGMENT

TO: Sandra A. Anderson

816 Neufeld Street

Green Bay, WI 54304

PLEASE TAKE NOTICE that on the 13th day of October, 1989, Judgment was duly entered in the above-referenced action. A copy of the Judgment is attached hereto.

Dated this 19th day of October, 1989.

EDGARTON, ONDRASEK, ST. PETER, PETAK & MASSEY

By: /s/ John A. St. Peter

John A. St. Peter

Mailing Address:

10 Forest Avenue

P.O. Box 1276

Fond du Lac, WI 54936-1276

(414) 922-0470

STATE OF WISCONSIN

CIRCUIT COURT BRANCH VI

BROWN COUNTY

SANDRA A. ANDERSON,

Complainant - Petitioner,

vs.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION,

Respondent.

Case No. 88 CV 2916

Decision No. 24474-E

AMENDED JUDGEMENT

The Petitioner, Sandra A. Anderson, filed a Petition for Review on December 13, 1988. The Petition seeks review of the Arbitration Award of Frederick P. Kessler of January 16, 1987. The Petitioner also seeks review of two Wisconsin Employment Relations Commission Decisions dated November 21, 1988. Briefs were filed by the Petitioner and Respondent as well as Moraine Park Technical College, which is an interested party in these proceedings.

Oral Argument to the Court was conducted on September 22, 1989. The Petitioner personally appeared. The Petitioner read and filed her arguments with the Court. Also appearing were Attorney John A. St. Peter for Moraine Park Technical College and Rodney G. Pasch, Vice-President of Moraine Park Technical College. The Respondent is represented by Attorney David C. Rice, Assistant Attorney General, State of Wisconsin, Department of Justice. By consent of the Court, the Respondent relied upon its previously filed written arguments.

The Court has reviewed the Pleadings, Motions, Briefs and supporting documents and is persuaded to enter the following Judgments and order:

IT IS ORDERED AND ADJUDGED:

1. The Motions of Moraine Park Technical College arguing that the Petitioner is not a person aggrieved under sec. 227.53, Stats., and that the Petitioner failed to state grounds for review under sec. 227.57, Stats., are denied.

2. The Petitioner has requested that the Court review the Arbitration Award of Frederick P. Kessler rendered on January 16, 1987 in which the Arbitrator upheld the discharge of the Petitioner from her employment at Moraine Park Technical College.The Court has determined that it lacks jurisdiction to reopen the Arbitration Award and, therefore, dismisses that portion of the Petition in which the Court is asked to reopen the Arbitration Award.

3. The Petitioner's request that the Court review the Respondent's refusal to review the Arbitration Award of Frederick P. Kessler, AP-M-179, dated January 16, 1987, Decision No. 24474-E is denied.

4. On February 23, 1989, the Wisconsin Employment Relations Commission entered a Decision addressing the Petitioner's Motion to reopen her Prohibited Practices Complaint on the ground that the Union breached the agreement which was the basis for the dismissal of the Complaint. The Commission decided to conduct a hearing on whether the Union complied with the Settlement Agreement. The Court declines to rule on this portion of the Petitioner's Complaint at this time. Upon completion of its action on Case 26, No. 38586, MP 1953, the Commission is hereby ordered to file its record with the Court.

IT IS FURTHER ORDERED AND ADJUDGED that, except for the issue set forth in paragraph 4 above, the remainder of the Petition for Judicial Review filed by Sandra A. Anderson is hereby dismissed.

Dated this 13th day of October, 1989.

BY THE COURT

By: /s/ N. Patrick Crooks

N. Patrick Crooks,

Circuit Court Branch VI