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[WP]

STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

GERHARDT J. STEINKE, Complainant,

vs.

MILWAUKEE AREA TECHNICAL COLLEGE, ET AL., Respondents.

Case 456

No. 53078

MP-3067

Decision No. 28562-E

Appearances:

Mr. Gerhart J. Steinke, 6415 Bridge Road, Madison, Wisconsin 54713, appearing on his own behalf.

Michael, Best & Friedricxh, by Attorney John A. Busch, Suite 3300, 100 East Wisconsin Avenue, Milwaukee, Wisconsin 53202-4108, appearing on behalf of certain named Respondents.

Shneidman, Hawks & Ehlke, S.C., by Attorney Timothy E. Hawks, 700 West Michigan, Suite 500, P.O. Box 442, Milwaukee, Wisconsin 53201-0442, appearing on behalf of certain named Respondents.

Davis & Kuelthau, S.C., by Attorney Robert W. Burns, Suite 1400, 111 East Kilbourn Avenue, Milwaukee, Wisconsin 53202-6613, appearing on behalf of certain named Respondents.

von Briesen, Purtell & Roper, S.C., by Attorney Steven B. Rynecki, 411 East Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 53202-4470, appearing on behalf of certain named Respondents.

ORDER DENYING PETITION FOR REHEARING

On January 4, 2002, the Wisconsin Employment Relations Commission issued and served upon the parties an Order Affirming and Modifying Examiner's Order Dismissing Complaint and Denying Motions to Reopen, Take Judicial Notice and Reopen Briefing Schedule with Accompanying Memorandum in the above-entitled matter.

On January 29, 2002, Steinke filed a petition for rehearing.

Dec. No. 28562-E

Page 2

Dec. No. 28562-E

Section 227.49(1), Stats., provides in pertinent part that:

Any person aggrieved by a final order may, within 20 days after service of the order, file a written petition for rehearing . . .

Steinke's petition for rehearing was not filed within the 20 days specified by Sec. 227.49(1), Stats. Therefore, the Commission lacks jurisdiction to consider the petition and makes and issues the following

ORDER

The petition is denied and dismissed.

Given under our hands and seal at the City of Madison, Wisconsin, this 20th day of February, 2002.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

Paul A. Hahn, Commissioner

Commissioner A. Henry Hempe did not participate.

rb

28562-E