STATE OF WISCONSIN
WISCONSIN ASSOCIATION OF
PROFESSIONAL CORRECTIONAL OFFICIERS
WISCONSIN STATE EMPLOYEES
UNION, COUNCIL 24, AFSCME, AFL-CIO
Case No. 00-CV-2667
[Decision Nos. 29448-D, 29495-D, 29496-D, 29497-D]
[NOTE: This document was re-keyed by WERC. Original pagination has been
This proceeding having been commenced by the Department of Corrections (DOC)
September 29, 2000, for judicial review of a decision and order of the Wisconsin
Relations Commission (WERC) under the State Employment Labor Relations Act,
see Wis. Stats.
§§ 111.80-111.94; and
The WERC having counter-petitioned, pursuant to Wis. Stat. § 111.07(7), for
enforcement of its order; and
The Wisconsin Association of Professional Correctional Officers (WAPCO) and the
Wisconsin State Employees Union (WSEU), Council 24, AFSCME, AFL-CIO, having
WAPCO having moved for appropriate temporary relief under Wis. Stat. §
follows: (1) an order enforcing the WERC order while the proceeding for review and for
enforcement of the WERC decision and order is pending, (2) an order requiring the WERC
hold a representation election without the requisite thirty percent showing of interest by
(3) an order extending the time for WAPCO to present the requisite showing of interest to
WERC, and (4) an order directing DOC to provide WAPCO a list of the names and
bargaining unit employees; and
The motions having come on for hearing before the court, the Honorable David T.
Flanagan, presiding, on October 19, 2000; and
DOC having appeared by Attorney David C. Whitcomb, WERC having appeard by
C. Rice, Assistant Attorney General, and Peter G. Davis, WERC General Counsel, WAPCO
having appeared by Attorney Sally A. Stix, WSEU having appeared by Attorneys Ellen S.
and Bruce M. Davey, Lawton & Cates, S.C., and the Department of Employment
(DER) having appeared by David J. Vergeront; and
The court having considered the written submission and oral arguments of the parties;
Now Therefore, IT IS ORDERED:
The motion of WAPCO to intervene is granted.
The motion of WSEU to intervene is granted.
The motion of WAPCO to require the WERC to hold a representation election,
requisite thirty percent showing of interest by WAPCO, is denied.
4. The motion of WAPCO to extend the time for WAPCO to present the requisite
showing of interest to the WERC is denied.
5. The motion of WAPCO to direct DOC to provide WAPCO a list of names
and addresses of bargaining unit employees is denied.
6. The commencement of proceedings for enforcement of the WERC order
under Wis. Stat. § 111.07(7) shall not operate as a stay of the WERC order.
See Wis. Stat. §
Dated at Madison, Wisconsin, the 31st day of October,
BY THE COURT:
Honorable David T. Flanagan
Circuit Court Judge