STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT RELATIONS
In the Matter of the Petition of
Involving Certain Employees of
DEPARTMENT OF EMPLOYMENT
Decision No. 11245-T
Mr. Robert Schlotthauer, 1300 University Avenue, Madison,
Wisconsin 53706, appearing on his own behalf.
Lawton & Cates, S.C., by Attorney P. Scott Hassett, Ten East
Doty Street, Suite 400, P.O. Box 2965, Madison, Wisconsin 53701-2965, appearing on
behalf of Local 171 and Council 24, Wisconsin State Employees Union.
Attorney David J. Vergeront, Chief Legal Counsel, Department
of Employment Relations, 345 West Washington Avenue, P.O. Box 7855, Madison,
Wisconsin 53707-7855, appearing on behalf of the Department of Employment Relations.
ORDER DISMISSING PETITION FOR UNIT
On March 23, 2001, Robert Schlotthauer, a mortician employed by the State
filed a petition to clarify bargaining unit with the Wisconsin Employment Relations
asserting that he and two other morticians are ". . . licensed, degreed professionals included
in a blue
collar bargaining unit, and wish to join a union of our peers."
On April 16, 2001, Local 171 and Council 24, Wisconsin State Employees Union
motion to dismiss the petition because existing Commission precedent requires that such
filed by either a labor organization or by the employer.
Dec. No. 11245-T
Dec. No. 11245-T
By letter dated April 18, 2001, the Commission invited Schlotthauer and the
to the motion to dismiss.
On April 25, 2001, the State filed a statement in support of the motion to dismiss.
Schlotthauer subsequently filed a statement in opposition to the motion.
We have long held that a petition for unit clarification can only be filed by a labor
or the State. State of Wisconsin, Dec. No. 13824 (WERC, 7/75); State of Wisconsin, Dec.
11245-P (WERC, 3/94). Consistent with that precedent, we are persuaded this petition
dismissed because it was filed by employees.
NOW, THEREFORE, it is
The petition for unit clarification is dismissed.
Given under our hands and seal at the City of Madison, Wisconsin, this 18th day of
WISCONSIN EMPLOYMENT RELATIONS COMMISSION
A. Henry Hempe, Commissioner