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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

BELOIT DPW EMPLOYEES UNION,

LOCAL 643, AFSCME, AFL-CIO,

Complainant,

vs.

CITY OF BELOIT,

Respondent.

Case 75

No. 40010 MP-2058

Decision No. 25779-B

Appearances:

Mr. Jack Bernfeld, Staff Representative, Wisconsin Council 40, AFSCME, AFL-CIO, 5 Odana Court, Madison, Wisconsin 53719, appearing on behalf of Complainant, Beloit DPW Employees Union.

Mr. Daniel T. Kelley, City Attorney, Hansen, Eggers, Kelley, Blakely & Holm, S.C., Attorneys at Law, 416 College Avenue, P.O. Box 328, Beloit, Wisconsin 53511, appearing on behalf of Respondent, City of Beloit.

ORDER DISMISSING COMPLAINT AND PETITION FOR

REVIEW AND SETTING ASIDE EXAMINER'S FINDINGS

OF FACT, CONCLUSIONS OF LAW AND ORDER

Examiner James W. Engmann having on October 19, 1990 issued Findings of Fact, Conclusions of Law and Order in the above-noted matter dismissing a complaint filed by Local 643 alleging that the City of Beloit had committed certain prohibited practices; and Local 643 thereafter having filed a petition with the Commission seeking review of the Examiner's decision; and the parties thereafter having engaged in settlement discussions with the assistance of Commission mediator Jane B. Buffett which ultimately led to the resolution of the dispute underlying the complaint; and the Commission being satisfied that it is therefore appropriate to set aside the Examiner's decision and dismiss the complaint and petition for review;

NOW, THEREFORE, it is

ORDERED

That the complaint and petition for review are dismissed and the Examiner's Findings of Fact, Conclusions of Law and Order are set aside.

Given under our hands and seal at the City of Madison, Wisconsin this 24th day of October, 1990.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

By

A. Henry Hempe, Chairman

Herman Torosian, Commissioner

William K. Strycker, Commissioner