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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

WISCONSIN COUNCIL 40, AFSCME, AFL-CIO, Complainant

vs.

WALWORTH COUNTY, Respondent

Case 143

No. 55356

MP-3319

Decision No. 29197-A

Appearances:

Mr. Laurence S. Rodenstein, Staff Representative, Wisconsin Council 40, AFSCME, AFL-CIO, 8033 Excelsior Drive, Suite "B", Madison, Wisconsin 53717-1903, appearing on behalf of the Complainant.

vonBriesen, Purtell & Roper, S.C., Attorneys at Law, by Mr. Charles P. Magyera, 411 East Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 53202, appearing on behalf of the Respondent.

ORDER DENYING MOTION

On November 24, 1997, Wisconsin Council 40, AFSCME, AFL-CIO, filed a motion with the Commission seeking review of an evidentiary ruling by Examiner Raleigh Jones in the above matter. Walworth County filed a statement in opposition to the motion on December 1, 1997.

The Examiner's ruling is not a "final" disposition of the complaint before him and thus is not a matter as to which a non-discretionary right to Commission review exists. (1)

The Commission has considered the matter and concluded it will not exercise its discretionary authority to review the Examiner's ruling. Once the case is ultimately decided in a final manner, Complainant is free to file a petition for review raising whatever issues it deems appropriate.

No. 29197-A

Page 2

Dec. No. 29197-A

NOW, THEREFORE, it is

ORDERED

The motion is denied.

Given under our hands and seal at the City of Madison, Wisconsin, this 2nd day of December, 1997.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

James R. Meier /s/

James R. Meier, Chairperson

A. Henry Hempe /s/

A. Henry Hempe, Commissioner

Paul A. Hahn /s/

Paul A. Hahn, Commissioner

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Dec. No. 29197-A


ENDNOTES

1. G & H Products, Inc., Dec. No. 17630-B (WERC, 1/82); Jefferson Board of Education, Dec. No. 13648-B (WERC, 1/76).