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STATE OF WISCONSIN

CIRCUIT COURT

COLUMBIA COUNTY

COLUMBIA COUNTY,

Petitioner,

vs.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION,
Respondent.

Case No. 88-CV-098

Decision No. 25092

ORDER

The above entitled proceeding having been commenced February 16, 1988, under Wis. Stats. Sec. 111.07(8) and ch. 227, to review a decision of the Wisconsin Employment Relations Commission under the Municipal Employment Relations Act , Wis. Stats. Secs. 111.07-111.77; and

The Petitioner having appeared by Robert M. Hesslink, Jr., the Commission having appeared by David C. Rice, Assistant Attorney General, and AFSCME Local Union No. 2698 having appeared by Bruce F. Ehlke, Lawton & Cates, S.C.; and

The court having reviewed the record and the written arguments of the parties; and

The court having entered a memorandum decision on February 28, 1990;

Now, Therefore, IT IS ORDERED that the decision of the Wisconsin Employment Relations Commission is REVERSED and the matter is remanded to the Wisconsin Employment Relations Commission with instructions to issue an order excluding the LPN's employed at the Columbia County home from the collective bargaining unit represented by Local 2698 AFSCME.

Dated at Montello, Wisconsin, this 16th day of March, 1990.

BY THE COURT:

/s/ Donn H. Dahlke

Donn H. Dahlke

Circuit Judge