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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

In the Matter of the Motion of

ELK MOUND EDUCATION ASSOCIATION

Requesting a Review of Implementation Pursuant to ERC 33.10(6)

Involving a Dispute Between the Association

and

ELK MOUND SCHOOL DISTRICT

Case 22

No. 58540

INT/ARB-8945

Decision No. 30098-A

Appearances:

Attorney Melissa A. Cherney, Staff Counsel, WEAC, P.O. Box 8003, Madison, Wisconsin 53708-8003, appearing on behalf of Elk Mound Education Association.

Weld, Riley, Prenn & Ricci, S.C., by Attorney Stephen L. Weld, 3624 Oakwood Hills Parkway, P.O. Box 1030, Eau Claire, Wisconsin 54702-1030, appearing on behalf of Elk Mound School District.

ORDER DENYING PETITION FOR REHEARING

On March 26, 2001, the Wisconsin Employment Relations Commission issued and served Findings of Fact, Conclusions of Law and Order in the above matter.

On April 20, 2001, the District filed a petition for rehearing with the Wisconsin Employment Relations Commission pursuant to Sec. 227.49, Stats.

Section 227.49, Stats., requires that a petition for rehearing be filed within 20 days of service of the agency decision. Because the last day of the 20 day period in this instance fell

Dec. No. 30098-A

Page 2

Dec. No. 30098-A

on Sunday, April 15, 2001, Sec. 990.001(4), Stats., specifies that the 20 day period is extended to April 16, 2001. Here, the petition was filed on April 20, 2001 and thus 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 15th day of May, 2001.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

James R. Meier, Chairperson

Henry Hempe, Commissioner

Paul A. Hahn, Commissioner

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30098-A.doc