State Bar of Wisconsin Return to wisbar.org Wisconsin Employment Relations Commission Decisions


[WP]

STATE OF WISCONSIN

CIRCUIT COURT BRANCH 10

RACINE COUNTY

RACINE UNIFIED SCHOOL DISTRICT,

Petitioner,

v.

WISCONSIN EMPLOYMENT RELATIONS

COMMISSION,

Respondent.

Case No. 98-CV-752

[Decision No. 28614-F]

[NOTE: This document was re-keyed by WERC. Original pagination has been retained.]

NOTICE OF ENTRY OF FINAL ORDER

To: John D. Niemisto

Assistant Attorney General

Wisconsin Department of Justice

123 W. Washington Ave.

P.O. Box 7857

Madison, WI 53707-7857

Attorney for Wisconsin Employment Relations Commission

PLEASE TAKE NOTICE that an Order affirming and modifying the Wisconsin Employment Relations Commission's Order was signed by the court on the 10th day of December, 1998, and duly entered in the Circuit Court for Racine County, Wisconsin, on the 10th day of December, 1998. A true and correct copy of the Order is attached hereto.

Notice of this Decision and Order is being given pursuant to §§ 806.06(5) and 808.04(1), Stats.

Dated this 17th day of December, 1998.

Douglas E. Witte /s/

Douglas E. Witte

State Bar No. 1016427

MELLI, WALKER, PEASE & RUHLY, S.C.

119 Martin Luther King, Jr. Blvd.

P.O. Box 1664

Madison, WI 53701-1664

(608) 257-4812

Attorneys for Racine Unified School District

STATE OF WISCONSIN

CIRCUIT COURT BRANCH 10

RACINE COUNTY

RACINE UNIFIED SCHOOL DISTRICT,

Petitioner,

v.

WISCONSIN EMPLOYMENT RELATIONS

COMMISSION,

Respondent.

Case No. 98-CV-752

ORDER AFFIRMING AND MODIFYING AGENCY DECISION

The above matter having come before the court upon the Petition for Judicial Review of Administrative Agency Decision filed by the District on February 4, 1998 and upon the Counter Petition filed by the WERC on February 18, 1998, seeking a judgment and decree confirming and enforcing the Agency's decision, and the matter having been duly briefed by the parties, and the court having rendered a written Memorandum Decision dated November 16, 1998, therefore, based on the court's decision it is ordered and adjudged:

1. That portion of the Findings, Conclusion and Order of the Commission/Examiner which concluded that the District violated § 111.70 (3) (a) 4, Stats. is affirmed;

2. That part of the Commission's Order requiring the District to restore the status quo ante is hereby set aside and modified to restoration of the status quo prospectively; and

3. That neither the Petitioner nor Respondent recover any costs or disbursements.

Dated this 10 day of December, 1998.

BY THE COURT:

Richard J. Kreul /s/

Honorable Richard J. Kreul

Racine County Circuit Court Judge

Branch 10

2