STATE OF WISCONSIN
CIRCUIT COURT: BR.
MADISON TEACHERS, INC.,
WISCONSIN EMPLOYMENT RELATIONS
Case No. 93-CV-3974
Civil Actions: Admin. Agency
Decision No. 27612-A
[NOTE: This document was re-keyed by WERC. Original pagination has been
STIPULATION AND ORDER OF DISMISSAL
The undersigned parties, by their respective counsel, do hereby stipulate and agree as
respect to the above proceeding:
1. Madison Teachers, Inc. ("MTI") has petitioned for review of the decision of
Employment Relations Commission ("WERC" or "Commission") dated September 21,
1993 in which the
Commission withdrew from Arbitrator John C. Oestreicher jurisdiction over final offers
submitted by MTI and
the Madison Metropolitan School District ("District") in interest arbitration Case 215
No. 48323 INT/ARB-6664.
2. The WERC has moved for an order dismissing this petition on the ground that
sought to be reviewed is not a final decision which is subject to judicial review under sec.
3. The District, a party-in-interest in this matter, also alleged that this court lacks
in that the letter sought to be reviewed was not a final decision from which a petition for
review can be
4. The parties to this Stipulation hereby move to dismiss this proceeding,
pursuant to sec.
805.04(1), Stats., without prejudice and without further cost to any party.
5. The parties to this Stipulation hereby agree that this dismissal is not on the
MTI's claims set forth in its Petition for Review, and is without prejudice to MTI's right to
Petition and to seek review of the WERC's actions set forth in its letter dated September 21,
30 days after service upon MTI of the WERC's final decision in this proceeding.
6. The parties to this Stipulation hereby agree that when the WERC issues its
in this proceeding, this final decision will be reviewable under sec. 227.52, Stats.
7. The WERC and the District hereby agree that, in the event that MTI properly
of such decision of the WERC, neither the WERC nor the District shall in such proceeding
object to the
reviewability of the September 21, 1993 decision as part of a review of the final decision.
8. Except for the claims of reviewability described above in paragraphs 6 and 7,
the WERC and
the District reserve their right to assert any other defenses or claims in response to any such
|Lee Cullen /s/
|Attorney for Madison Teachers, Inc.
|David C. Rice /s/
|David C. Rice
|Attorney for Wisconsin Employment Relations
|Michael J. Lawton /s/
|Michael J. Lawton
|Attorney for Madison Metropolitan School
The above Stipulation in its entirety is hereby made an Order of the Court and the
proceeding is hereby dismissed without prejudice and without further cost to any party, under
terms and conditions set forth in the above Stipulation.
Dated this 21 day of January, 1994
BY THE COURT:
Judge Robert A. DeChambeau