STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT RELATIONS
In the Matter of the Petition of
TEAMSTERS UNION LOCAL NO. 695
Involving Certain Employees of
MOUNT HOREB AREA SCHOOL DISTRICT
Decision No. 23377-B
Mr. Gene Gowey, Business Rrepresentative, Teamsters Union
Local No. 695, 1314 North Stoughton Road, Madison, Wisconsin 53714-1293 appearing on
behalf of Teamsters Local Union 695.
Lathrop & Clark, by Attorney Michael J. Julka, 740 Regent
Street, Suite 400, P.O. Box 1507, Madison, Wisconsin 53701-1507, appearing on behalf of
Mount Horeb Area School District.
Attorney Anthony L. Sheehan, Staff Counsel, Wisconsin
Education Association Council, P.O. Box 8003, Madison, Wisconsin 53708-8003, appearing
on behalf of Mt. Horeb Auxiliary Personnel/Southwest Education Association.
AMENDED DIRECTION OF
On December 5, 2001, Teamsters Union Local 695 filed a petition with the
Employment Relations Commission seeking an election to determine whether certain
the Mount Horeb School District wished to continue to be represented for the purposes of
bargaining by the South West Education Association or wished to be so represented by Local
or wished not to be represented.
To maximize the ability of the parties we serve to utilize the Internet and
software to research decisions and arbitration awards issued by the Commission and its staff,
footnote text is found in the body of this decision.
Dec. No. 23377-B
Dec. No. 23377-B
By letter dated December 6, 2001, the Commission advised the parties as follows:
Teamsters Union Local No. 695 has filed a petition with the
Commission requesting that an
election be conducted among the employees in the bargaining unit described on the attached
In said petition the Petitioner alleges that South West Education Association may have an
Said petition was supported by a number
of employees. In order to determine whether at least
30% of the employees support the petition, it is necessary that you immediately furnish us a
the names in alphabetical order of the employees who were employed in the bargaining unit
on December 5, 2001. If, after an administrative determination, the Commission is satisfied
showing of interest is sufficient, the Commission may set hearing in the matter, unless the
stipulate to an election. If there is presently a collective bargaining agreement in effect, will
please forward a copy of same to the Commission. If no such agreement exists, will you
As requested, the District provided an
By letter dated December 13, 2001, the Commission advised
parties as follows:
The Commission has determined that the
petition in the captioned matter was accompanied
by a sufficient showing of interest. Therefore, the petition will be processed.
If the parties are able to stipulate to an
election, Dr. Anderson should sign the enclosed
stipulation forms and forward the forms and current voter eligibility lists to Mr. Shipley.
signing the forms, Mr. Shipley should send the forms and lists to Mr. Gowey, who should
forms and return the forms and lists to the undersigned. A copy of the signed form will be
to each party.
If you have any questions or if you are not
able to stipulate to an election, please contact the
undersigned at (608) 266-2993.
On January 3, 2002, the Commission received a Stipulation
Election signed by all parties.
Pursuant to that Stipulation, the Commission issued a Direction of Election on
January 3, 2002 in the
above matter which stated the following:
That an election by secret ballot shall be
conducted under the direction of the Wisconsin
Employment Relations Commission within forty-five (45) days from the date of this Directive
collective bargaining unit consisting of all regular full-time and regular part-time
employees of the Mount Horeb Area School District, including paraprofessionals, custodians,
Dec. No. 23377-B
drivers, secretaries and food service employees, but excluding
managerial and executive employees, who were employed on January 3, 2002, except such
as may prior to the election quit their employment or be discharged for cause, for the
determining whether such employees desire to be represented by Teamsters Union Local No.
or by South West Education Association, or by neither of said organizations, for the
collective bargaining with Mount Horeb Area School District.
On January 8, 2002, South West Educators Association
the Commission that it was
withdrawing from the Stipulation For Election because the authorization cards used by Local
demonstrate the requisite "showing of interest" stated in bold letters "Authorization for
Representation Under the National Labor Relations Act" which language was "at the very
confusing and at the most a misrepresentation which may have unduly influenced the
The Association asked that the Direction of Election be "rescinded" and the Petition for
On January 23, 2002, Local 695 responded with written argument citing Commission
precedent that the Commission's administrative determination of the showing of interest is
to review by the parties and further asserting that the following text of the authorization card
establishes that the employees who signed the cards were not misled.
I, the undersigned employee of ______________________
voluntarily and of my own free will,
hereby authorize Local 695, affiliated with the International Brotherhood of Teamsters to
me for the purpose of collective bargaining as to improved wages, hours and working
Supplemental argument was received until January 30, 2002.
The District takes no specific position on the showing of interest issue but asks that
Commission proceed in a way that preserves the fairness of the election process.
We have historically held that the showing of interest determination is an
that is not subject to litigation. Milwaukee Board of School Directors, Dec.
(WERC, 7/72); State of Wisconsin, Dec. No. 29754-A (WERC, 5/2001). We have
matter and conclude that consistent with existing precedent, we will not
review the existing administrative determination that a valid showing of interest exists.
reject as untimely the Association's effort to withdraw from the Stipulation For Election.
also reject the Association's request that the Direction of Election be rescinded and the
election dismissed. 1/
1/ We note that our January 3, 2002 Direction
of Election and our Notice of Election (which will be provided
to and posted by the District once an election date is established) fully inform the employee
voters of the
representation choice they will resolve through the secret ballot election we will
Dec. No. 23377-B
We have issued an Amended Direction of Election only to
reflect the need to extend the
period within which the election will be conducted due to the delay caused by the
request that we review the showing of interest.
AMENDED DIRECTION OF
That an election by secret ballot shall be conducted under the
direction of the Wisconsin
Employment Relations Commission within ninety (90) days of January 3, 2002 in the
bargaining unit consisting of all regular full-time and regular part-time non-professional
of the Mount Horeb Area School District, including paraprofessionals, custodians, bus
secretaries and food service employees, but excluding supervisors, confidential, managerial
executive employees, who were employed on January 3, 2002, except such employees as
to the election quit their employment or be discharged for cause, for the purpose of
whether such employees desire to be represented by Teamsters Union Local No. 695, or by
West Education Association, or by neither of said organizations, for the purposes of
bargaining with Mount Horeb Area School District.
Given under our hands and seal at the City of Madison,
Wisconsin, this 8th day of February, 2002.
WISCONSIN EMPLOYMENT RELATIONS COMMISSION
A. Henry Hempe, Commissioner
Paul A. Hahn,