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


[WP]

DISTRICT I

Office of the Clerk

COURT OF APPEALS

110 E. MAIN STREET, SUITE 215

P.O. BOX 1688

MADISON, WISCONSIN 53701-1688

Web Site: www.courts.state.wi.us

Cornelia G. Clark

Clerk

May 2, 2001

To:

David C. Rice

Asst. Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Robert E. Haney

Podell, Ugent & Haney, S.C.

611 North Broadway, Ste. 200

Milwaukee, WI 53202

[Decision No. 29933-C]

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

You are hereby notified that the Court has entered the following order:

01-1016 Milwaukee District Council 48, AFSCME, AFL-CIO, and

its affiliated Local 1486 v. Wisconsin Employment

Relations Commission

Before Wedemeyer, P.J.

The Wisconsin Employment Relations Commission (WERC), the respondent in this appeal, moves the court to summarily affirm the decision and order of the circuit court that are the subject of this appeal. Wis. Stat. Rule 809.21 (1999-2000). Appellant Milwaukee District Council 48, AFSCME, AFL-CIO, and its affiliated Local 1486, has filed a response opposing the request.

The request for summary disposition will be denied. First, the request is premature. The appellant record has not yet been filed, and neither has the appellant's brief in this matter. Without these materials, the court cannot fairly decide a request for summary disposition.

In addition, the court has reviewed the request and the response and, even without the record, the court can see no reason as to why this case in particular is appropriate for summary disposition. The court cannot conclude that this case can or should be decided without full briefing by the parties.

IT IS ORDERED that the respondent's motion for summary disposition of this appeal is denied.

Cornelia G. Clark

Clerk of Court of Appeals