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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

JOYCE CARAVELLO and THE WISCONSIN

STATE EMPLOYEES UNION (WSEU),

AFSCME, COUNCIL 24, AFL-CIO,

Complainants,

vs.

STATE OF WISCONSIN,

Respondent.

Case 245

No. 38490 PP(S)-135

Decision No. 25281-D

Appearances:

Lawton & Cates, S.C., Attorneys at Law, 214 West Mifflin Street, Madison, Wisconsin 53703-2594, by Mr. Richard V. Graylow, appearing on behalf of Complainants.

Ms. Teel D. Haas, Chief Legal Counsel, Department of Employment Relations, P.O. Box 7855, Madison, Wisconsin 53707-7855, appearing on behalf of Respondent.

ORDER DENYING PETITION FOR REHEARING

On August 19, 1991, the Wisconsin Employment Relations Commission issued an Order in the above-entitled matter which inter alia concluded that the State of Wisconsin had committed an unfair labor practice within the meaning of Sec. 111.84(1)(e) and derivatively (1)(a), Stats., and ordered the State to take certain remedial action.

Pursuant to Sec. 227.49, Stats. the State of Wisconsin filed a petition for rehearing on September 9, 1991. The above captioned Complainants filed a statement in opposition to the petition on September 11, 1991.

The Commission has considered the petition and concludes that its August 19, 1991 decision reflects full consideration of the arguments made in the petition and that the August 19, 1991 decision does not contain a material error of law or fact. Given this conclusion, we make the following

ORDER(1)

The Petition for Rehearing is denied.

Given under our hands and seal at the City of Madison, Wisconsin this 9th day of October, 1991.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

By

Herman Torosian, Commissioner

William K. Strycker, Commissioner


1. Pursuant to Sec. 227.48(2), Stats., the Commission hereby notifies the parties that a petition for judicial review naming the Commission as Respondent, may be filed by following the procedures set forth in Sec. 227.53, Stats.

227.53 Parties and proceedings for review. (1) Except as otherwise specifically provided by law, any person aggrieved by a decision specified in s. 227.52 shall be entitled to judicial review thereof as provided in this chapter.

(a) Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of the circuit court for the county where the judicial review proceedings are to be held. Unless a rehearing is requested under s. 227.49, petitions for review under this paragraph shall be served and filed within 30 days after the service of the decision of the agency upon all parties under s. 227.48. If a rehearing is requested under s. 227.49, any party desiring judicial review shall serve and file a petition for review within 30 days after service of the order finally disposing of the application for rehearing, or within 30 days after the final disposition by operation of law of any such application for rehearing. The 30-day period for serving and filing a petition under this paragraph commences on the day after personal service or mailing of the decision by the agency. If the petitioner is a resident, the proceedings shall be held in the circuit court for the county where the petitioner resides, except that if the petitioner is an agency, the proceedings shall be in the circuit court for the county where the respondent resides and except as provided in ss. 77.59(6)(b), 182.70(6) and 182.71(5)(g). The proceedings shall be in the circuit court for Dane County if the petitioner is a nonresident. If all parties stipulate and the court to which the parties desire to transfer the proceedings agrees, the proceedings may be held in the county designated by the parties. If 2 or more petitions for review of the same decision are filed in different counties, the circuit judge for the county in which a petition for review of the decision was first filed shall determine the venue for judicial review of the decision, and shall order transfer or consolidation where appropriate.

(b) The petition shall state the nature of the petitioner's interest, the facts showing that petitioner is a person aggrieved by the decision, and the grounds specified in s. 227.57 upon which petitioner contends that the decision should be reversed or modified.

. . .

(c) Copies of the petition shall be served, personally or by certified mail, or, when service is timely admitted in writing, by first class mail, not later than 30 days after the institution of the proceeding, upon all parties who appeared before the agency in the proceeding in which the order sought to be reviewed was made.

Note: For purposes of the above-noted statutory time-limits, the date of Commission service of this decision is the date it is placed in the mail (in this case the date appearing immediately above the signatures); the date of filing of a rehearing petition is the date of actual receipt by the Commission; and the service date of a judicial review petition is the date of actual receipt by the Court and placement in the mail to the Commission.