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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

In the Matter of the Petition of

SHEBOYGAN AREA SCHOOL DISTRICT

Involving Certain Employees of

SHEBOYGAN AREA SCHOOL DISTRICT

Case 13

No. 54327

ME-847

Decision No. 10488-C

Appearances:

Ms. Helen Isferding, Staff Representative, Wisconsin Council 40, AFSCME, AFL-CIO, 1207 Main Avenue, Sheboygan, Wisconsin 53083, appearing on behalf of Wisconsin Council 40, Local 1750, AFSCME, AFL-CIO.

Davis & Kuelthau, S.C., by Attorneys Paul C. Hemmer and Lisa L. Kritske, 605 North Eighth Street, Suite 610, Sheboygan, Wisconsin 53081, appearing on behalf of Sheboygan Area School District.

ORDER GRANTING PETITION FOR REHEARING

On August 8, 2002, the Wisconsin Employment Relations Commission issued Findings of Fact, Conclusion of Law and Order Clarifying Bargaining Unit in the above matter wherein it concluded that two Payroll Clerks employed by the Sheboygan Area School District were not confidential employees within the meaning of Sec. 111.70(1)(i), Stats., and therefore should continue to be included in a collective bargaining unit represented by Wisconsin Council 40, AFSCME, AFL-CIO, Local 1750.

Dec. No. 10488-C

Page 2

Dec. No. 10488-C

On August 26, 2002, the District filed a petition for rehearing pursuant to Sec. 227.49, Stats., asserting that the Commission had made certain material errors of law and fact in its August 8, 2002 decision. On September 18, 2002, Local 1750 filed a written position statement urging the Commission to deny the petition.

Having considered the matter, we are persuaded that we should grant the petition for the purpose of determining whether we made any material errors of law or fact.

NOW, THEREFORE, it is

ORDERED

The petition for rehearing is granted.

Given under our hands and seal at the City of Madison, Wisconsin, this 25th day of September, 2002.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

Steven R. Sorenson, Chairperson

A. Henry Hempe, Commissioner

Paul A. Hahn, Commissioner

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10488-C