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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

OPERATING ENGINEERS, LOCAL 139, Complainant,

vs.

TOWN OF FIFIELD, Respondent.

Case 3

No. 56216

MP-3400

Decision No. 29403-B

Appearances:

Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C., by Attorney Kristine Aubin, 1555 North Rivercenter Drive, Suite 202, P. O. Box 12993, Milwaukee, Wisconsin 53212, appearing on behalf of Operating Engineers, Local 139.

Ruder, Ware & Michler, S.C., by Attorney Ronald J. Rutlin, 500 Third Street, P. O. Box 8050, Wausau, Wisconsin 54402-8050, appearing on behalf of the Town of Fifield.

NOTICE OF COMMISSION'S FINDINGS OF FACT, CONCLUSIONS OF LAW

AND ORDER PURSUANT TO SECTION 111.07(5), STATS.

On February 22, 1999 Examiner Sharon A. Gallagher issued Findings of Fact, Conclusions of Law and Order, with Accompanying Memorandum, in the above-entitled matter determining that the above-named Respondent had not committed prohibited practices within the meaning of Secs. 111.70(3)(a)4 and 1, Stats. She therefore dismissed the complaint.

Within the 20-day statutory period set forth in Sec. 111.07(5), Stats., no petition for review of said Findings of Fact, Conclusions of Law and Order was filed and no intervening order by the Examiner or the Commission was issued.

NOW, THEREFORE, the Commission issues the following

No. 29403-B

Page 2

No. 29403-B

NOTICE

By operation of Sec. 111.07(5), Stats., Examiner Gallagher's Findings of Fact, Conclusions of Law and Order in the above-entitled matter became the Commission's Findings of Fact, Conclusions of Law and Order on March 16, 1999.

Given under our hands and seal at the City of Madison, Wisconsin this 6th day of April, 1999.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

James R. Meier, Chairperson

A. Henry Hempe, Commissioner

Paul A. Hahn, Commissioner

rb

29403-B