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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

WISCONSIN COUNCIL 40, AFSCME, AFL-CIO, Complainant,

vs.

MANITOWOC PUBLIC SCHOOL DISTRICT, Respondent.

Case 49

No. 58631

MP-3617

Decision No. 29866-D

WISCONSIN COUNCIL 40, AFSCME, AFL-CIO, Complainant,

vs.

MANITOWOC PUBLIC SCHOOL DISTRICT, Respondent.

Case 51

No. 59073

MP-3665

Decision No. 30146-C

Page 2

Dec. No. 29866-D

Dec. No. 30146-C

Dec. No. 30147-C

Dec. No. 30276-B

WISCONSIN COUNCIL 40, AFSCME, AFL-CIO, Complainant,

vs.

MANITOWOC PUBLIC SCHOOL DISTRICT, Respondent.

Case 53

No. 59768

MP-3721

Decision No. 30147-C

WISCONSIN COUNCIL 40, AFSCME, AFL-CIO, Complainant,

vs.

MANITOWOC PUBLIC SCHOOL DISTRICT, Respondent.

Case 54

No. 60078

MP-3749

Decision No. 30276-B

Appearances:

Mr. Michael J. Wilson, Staff Representative, Wisconsin Council 40, AFSCME, AFL-CIO, 8033 Excelsior Drive, Suite B, Madison, WI 53717-1903, appearing on behalf of Wisconsin Council 40, AFSCME, AFL-CIO.

Davis & Kuelthau, S.C., by Mr. William G. Bracken, Employment Relations Services Coordinator and joined on the brief by Attorney Tony Renning, P.O. Box 1278, Oshkosh, WI 54902, appearing on behalf of the Manitowoc Public School District.

Page 3

Dec. No. 29866-D

Dec. No. 30146-C

Dec. No. 30147-C

Dec. No. 30276-B

NOTICE OF COMMISSION'S FINDINGS OF FACT, CONCLUSIONS OF LAW

AND ORDER PURSUANT TO SECTION 111.07(5), STATS.

On February 7, 2002, Examiner Daniel Nielsen issued Findings of Fact, Conclusions of Law and Order, with Accompanying Memorandum, in the above-entitled matters determining that the above-named Respondent had not committed prohibited practices within the meaning of the Municipal Employment Relations Act. He therefore ordered Respondent to take certain remedial action. By letter dated February 22, 2002, Respondent advised the Examiner and Complainant of the action it was taking to comply with the Examiner's Order. Complainant subsequently advised the Examiner that it disputed whether Respondent was complying with the Order. Any such dispute will be resolved by the Commission in compliance proceedings.

The Examiner further found that Respondent had not committed the violations of Sec. 111.70(3)(a), Stats., alleged in Case 54 and therefore dismissed this complaint.

Within the 20-day statutory period set forth in Sec. 111.07(5), Stats., no petition for review of said Findings of Fact, Conclusions of Law and Order was filed and no intervening order by the Examiner or the Commission was issued.

NOW, THEREFORE, the Commission issues the following

NOTICE

By operation of Sec. 111.07(5), Stats., Examiner Nielsen's Findings of Fact, Conclusions of Law and Order in the above-entitled matter became the Commission's Findings of Fact, Conclusions of Law and Order on February 28, 2002.

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

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

A. Henry Hempe, Commissioner

Paul A. Hahn, Commissioner

mb

30276-B.doc