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[WP]

STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

PETER CRIVELLO, Complainant,

vs.

WEST ALLIS/WEST MILWAUKEE SCHOOL DISTRICT, Respondent.

Case 82

No. 58740

MP-3634

Decision No. 30259

Appearances:

Cross Law Firm, S.C., by Attorney Nola J. Hitchcock Cross, The Lawyers' Building, 845 North 11th Street, Milwaukee, WI 53233, appearing on behalf of Peter Crivello.

Davis & Kuelthau, S.C., by Attorney John E. Murray, Suite 1400, 111 East Kilbourn Avenue, Milwaukee, WI 53202-6613, appearing on behalf of West Allis-West Milwaukee School District.

ORDER DENYING MOTION TO DISMISS

On April 4, 2000, Peter Crivello filed a complaint with the Wisconsin Employment Relations Commission alleging that the West Allis-West Milwaukee School District had "violated State Statute 111.70(3)" by failing to promote him because of his role

. . . in unionizing the West Allis-West Milwaukee Recreation Department, and my support of the American Federation of State, County and Municipal Employees, Milwaukee District Counsel (sic) 48, Local 80."

On May 3, 2000, the District filed a response to the complaint asking that it be dismissed.

The parties thereafter proceeded before Arbitrator Dichter who issued an award on April 16, 2001, concluding that a grievance filed by Crivello regarding the denial of his promotion was untimely.

On May 29, 2001, Crivello filed a request with the Wisconsin Employment Relations Commission asking that the complaint be set for hearing.

No. 30259

Page 2

No. 30259

On June 11, 2001, the District filed a response asking that the complaint be dismissed because the Dichter award was dispositive of the complaint.

On December 10, 2001, Crivello filed written argument in support of his request that the complaint be scheduled for hearing.

On December 17, 2001, the District filed responsive written argument again asking that the complaint be dismissed.

Having reviewed the record and being fully advised in the premises, the Commission makes and issues the following:

ORDER

The motion to dismiss is denied.

Given under our hands and seal at the City of Madison, Wisconsin, this 14th day of January, 2002.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

A. Henry Hempe, Commissioner

Paul A. Hahn, Commissioner

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g11402 No. 30259

Page 3

No. 30259


West Allis/West Milwaukee School District

MEMORANDUM ACCOMPANYING ORDER DENYING MOTION TO DISMISS

There is no Commission Order that deferred the Crivello complaint to grievance arbitration. Thus, the question of whether the result of the arbitration proceeding bars Crivello from proceeding on his complaint is answered by the terms of any agreement reached by the parties. We do not have any such agreement before us. Under these circumstances, we have no basis for dismissing the complaint. The complaint will be assigned to an examiner for further processing.

Given under our hands and seal at the City of Madison, Wisconsin, this 14th day of January, 2002.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

A. Henry Hempe, Commissioner

Paul A. Hahn, Commissioner

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g11402 No. 30259