STATE OF WISCONSIN
CIRCUIT COURT IV
FOND DU LAC COUNTY
CAMPBELLSPORT SCHOOL DISTRICT, et al.,
Case No. 94CV518
Decision No. 27578-C
This matter has been submitted to this Court for de novo review. The parties have
briefs and although one of the party's requested oral argument they have indicated a waiver
request. This written decision is being tendered in lieu thereof.
The subject for judicial review is a decision of the Wisconsin Employment Relations
rendered August 17, 1993. An arbitrator had been selected to issue an award involving the
year collective bargaining contract between the parties to this review. The Department of
has advised this Court that the Commission's order is not subject to judicial review under ch.
Stats, alleging that the District does not have a substantial interest which is adversely affected
the Commission's order. To determine whether this Court has jurisdiction to review is
upon what issue is being raised.
The facts for review are not in dispute. The collective bargaining process in this case
an interest arbitrator to resolve their differences. The offer was to cover 1992-1993 as one
and 1993-1994 as the second year of the contract. Each was to submit an offer and the
would select one in a "all or nothing" approach. Before the decision was rendered, new
legislation was passed which allowed the District to issue an offer that was not subject to
arbitration. The impact of this legislation fell upon the year 1993-1994. The new
provided for a minimum economic offer of 2.86%. This figure was exceeded by the
offer of 5.91 % which would cover 1992-1993 period. In essence they do not want to be
by this figure for the 1993-1994 period. The decision issued by the Commission covered
periods and was subsequent to the new legislation effective date of July 1, 1993. 1993
Act 16 provided that you cannot proceed to interest arbitration on economic issues after the
Based upon these findings this Court finds that it does have jurisdiction to review
statutory construction. State ex rel. Newspapers, Inc. v. Showers, 135 Wis. 2d
779 859 398
N.W. 2d 1549 158 (1987). I further find that the District's analysis of sec. 111.70(2x) is a
reasonable statutory analysis and supports their conclusion that each period be addressed
to pre July 1, 1993 law for the 1992-1993 period, and post July 1, 1993 law for the
period. Of significance is the effective date of the act, July 1, 1993, and the fact that no
was forthcoming until August 17, 1993. Statutory analysis begins with an examination of the
statute itself to determine whether the language is clear or ambiguous. De Bruin v.
Wis. 2d 631, 635, 412 N.W. 2d 130, 131 (Ct. App. 1987). If the language is clear, a court
give effect to the plain meaning. DNR v. Wisconsin Power & Light Co.,
108 Wis. 2d 403t 4089
321 N.W. 2d 286t 288 (1982). Statute Sec. 111.70 (2x) clearly states what takes place with
pending arbitrations. There is nothing ambiguous about the effective date of the act. If a
is clear and unambiguous, we must apply its plain meaning without resorting to rules of
construction. State v. Krause,, 161 Wis. 2d 9199 9269 469 N.W. 2d 2419 244
(Ct. App. 1991).
This Court may not search for ways to find a statute ambiguous when its terms are clear.
v. City of Tomah, 160 Wb. 2d 20, 259 465 N.W. 2d 2629 263-64 (Ct. App. 1990).
Other arguments have been set forth addressing constitutional concerns which will not
addressed in this opinion. In that this Court has determined the statute to be unambiguous it
not undertake to address those points.
It is the decision of this Court that the Commission's decision be reversed, ordering the
to be divided: with the Commission to determine the dispute for 1992-1993 period, and that
Commission return the offers for 1993-1994 period to the parties for negotiations under the
provisions of law.
Dated: February 6, 1995
/s/ Steven W. Weinke
Steven W. Weinke
Mailed copies this 7th day of February, 1995 by cab.