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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

CRAIG MARCHANT, Complainant,

vs.

DEPARTMENT OF EMPLOYMENT RELATIONS

(UW HOSPITAL AND CLINICS) and COUNCIL 24,

WSEU LOCAL 1942, AFSCME, ALF-CIO, Respondents.

Case 435

No. 54931

PP(S)-269

Decision No. 29093-C

Appearances:

Mr. Craig Marchant, 101 West Third Street, Waunakee, Wisconsin 53597, appearing on his own behalf.

Lawton & Cates, S.C., by Attorney P. Scott Hassett, 214 West Mifflin Street, P.O. Box 2965, Madison, Wisconsin 53701-2965, appearing on behalf of Council 24, WSEU, Local 1942, AFSCME, AFL-CIO.

Attorney David J. Vergeront, Legal Counsel, Department of Employment Relations, 137 East Wilson Street, P.O. Box 7855, Madison, Wisconsin 53707-7855, appearing on behalf of UW Hospital and Clinics.

ORDER DENYING PETITION FOR REHEARING

On November 24, 1998, the Wisconsin Employment Relations Commission issued an Order Affirming and Modifying Examiner's Findings of Fact, Modifying Examiner's Conclusions of Law, and Affirming in part and Reversing in part Examiner's Order. This decision was served on the parties by placement in the mail that same date.

Page 2

Dec. No. 29093-C

On December 15, 1998, the Commission received a petition for rehearing from Respondent Council 24, WSEU Local 1942, AFSCME, AFL-CIO.

Section 227.49, Stats. requires that a petition for rehearing be received by the Commission within 20 days of the date a final order is served on the parties. Rock County, Dec. No. 24794-A (WERC, 10/87). In this case, the 20-day period expired December 14, 1998. Therefore, the petition for rehearing is untimely.

NOW, THEREFORE, it is

ORDERED

The petition for rehearing is denied.

Given under our hands and seal at the City of Madison, Wisconsin this 18th day of December, 1998.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

James R. Meier, Chairperson

Henry Hempe, Commissioner

Paul A. Hahn, Commissioner

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