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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

In the Matter of the Petition of

RACINE UNIFIED SCHOOL DISTRICT

To Clarify a Bargaining Unit

of Certain Employes of

RACINE UNIFIED SCHOOL DISTRICT

Case 1

No. 50377 ME-684

Decision No. 7053-C

Appearances:

Melli, Walker, Pease & Ruhly, S.C., Attorneys at Law, by Mr. Jack D. Walker, P. O. Box 1664, Madison, Wisconsin 53701-1664, on behalf of Racine Unified School District.

Mr. Anthony L. Sheehan, Staff Counsel, Wisconsin Education Association Council, P. O. Box 8003, Madison, Wisconsin 53708-8003, on behalf of Racine Education Association.

ORDER DENYING MOTION TO HOLD PROCEEDINGS IN ABEYANCE

On January 14, 1994, Racine Unified School District (District) filed a petition with the Wisconsin Employment Relations Commission requesting clarification of an existing bargaining unit of District employes represented by Racine Education Association (Association).

On February 14, 1994, the Association filed a Motion to Hold Proceedings in Abeyance. The Association therein asserted that it had filed a complaint with the Commission alleging that the filing of the unit clarification petition constituted a prohibited practice and that the Commission should not proceed with the unit clarification until a decision on the complaint is issued. The parties thereafter filed argument in support of and in opposition to the Motion, the last of which was received March 17, 1994.

Having considered the matter, the Commission does not find the Association's position sufficiently persuasive to grant the Motion.

NOW, THEREFORE, it is

ORDERED

The Motion is denied.

Given under our hands and seal at the City of Madison, Wisconsin this 23rd day of March, 1994.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

By Herman Torosian /s/

Herman Torosian, Commissioner

William K. Strycker /s/

William K. Strycker, Commissioner

Chairman A. Henry Hempe did not participate.