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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

BADGER PROFESSIONAL EDUCATION

ASSOCIATION and DARLENE REITER, Complainants,

vs.

UNION HIGH SCHOOL DISTRICT OF THE

CITY OF LAKE GENEVA, VILLAGE OF GENOA CITY AND

TOWNS OF BLOOMFIELD, GENEVA, LaFAYETTE, LINN,

LYONS AND SPRING PRAIRIE AND ITS

BOARD OF EDUCATION, a/k/a LAKE GENEVA-GENOA CITY

UNION HIGH SCHOOL DISTRICT, Respondents.

Case 18

No. 57000

MP-3479

Decision No. 29548-B

Appearances:

Mr. Brett Petranech, Kelly & Kobelt, Attorneys at Law, 122 East Olin Avenue, Suite 195, Madison, Wisconsin 53713, on behalf of Complainant.

Mr. Daniel G. Vliet, Davis & Kuelthau, S.C., 111 East Kilbourn Avenue, Suite 1400, Milwaukee, Wisconsin 53202, on behalf of Respondent.

CORRECTED ORDER

On July 1, 1999, the Findings of Fact, Conclusions of Law and Order were issued in this case. By letter dated July 20, 1999, the District requested that the Order herein should be corrected and by letter dated July 21, 1999, Complainants agreed to the requested corrections. Therefore, based upon the parties' agreement, I issue the following

No. 29548-B

Page 2

No. 29548-B

CORRECTED CONCLUSION OF LAW 1/

________________________

1/ Conclusion of Law 2 remains unchanged.

________________________

1. The Respondents' refusal to process and arbitrate the Reiter grievance constitutes a prohibited practice in violation of Sec. 111.70(3)(a)5, Stats. Complainant's request for attorney's fees and costs is denied.

CORRECTED ORDER 2/

________________________

2/ The remainder of the original Order remains the same.

________________________

It is ordered that Respondent Lake Geneva-Genoa City Union High School District and its officers and agents, shall immediately:

1. Cease and desist from refusing to process the Reiter grievance up to and including arbitration;

2. Take the following affirmative action which the Examiner finds will effectuate the policies of the Municipal Employment Relations Act:

Immediately process the grievance as provided in the contractual grievance procedure, up to and including arbitration.

. . .

Dated at Oshkosh, Wisconsin this 5th day of August, 1999.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

Sharon A. Gallagher, Examiner

Page 3

No. 29548-B

LAKE GENEVA-GENOA CITY UNION HIGH SCHOOL DISTRICT

APPENDIX "A"

CORRECTED NOTICE TO ALL EMPLOYEES

Pursuant to an Order of the Wisconsin Employment Relations Commission, and in order to effectuate the policies of the Municipal Employment Relations Act, we hereby notify our employes that:

WE WILL process the grievance filed on August 31, 1998 by Darlene Reiter, up to and including arbitration with Badger Professional Education Association.

By

Lake Geneva-Genoa City School District

SAG/gjc

29548-B.D