STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT RELATIONS
In the Matter of the Petition of
Involving Certain Employees of
IRON COUNTY HIGHWAY/FORESTRY
Decision No. 30291
Mr. Philip Salamone, Staff Representative, Wisconsin
Council 40, AFSCME,
AFL-CIO, 7111 Wall Street, Schofield, Wisconsin 54476, appearing on behalf of Wisconsin
Council 40, AFSCME, AFL-CIO.
Mr. Mark Holm, 607 3rd Avenue North,
Hurley, Wisconsin, appearing on behalf of Iron County.
Ms. Tana Osterman, 607 3rd Avenue North,
Hurley, Wisconsin 54534, appearing on her own
Mr. Dennis Luciani, Business Representative, P.O. Box 130,
Pewaukee, Wisconsin 53702,
appearing on behalf of Operating Engineers.
ORDER DISMISSING ELECTION PETITION
On January 17, 2002, Tana Osterman and certain other employees of Iron County
petition with the Wisconsin Employment Relations Commission seeking an election to
whether Iron County employees in a Highway and Forestry Department bargaining unit
continue to be represented for the purposes of collective bargaining by Iron County Public
Local 728, AFSCME, AFL-CIO or by Operating Engineers or by neither of said labor
Dec. No. 30291
Dec. No. 30291
On January 24, 2002, Local 728 AFSCME moved that the election petition be
because of a pending interest arbitration petition covering the Highway and Forestry unit.
By letter dated January 28, 2002, the Commission advised all parties that it had
files and determined that on October 11, 2001, Local 728 AFSCME had filed a petition for
arbitration with the Commission pursuant to Sec. 111.70(4)(cm)6, Stats., for the Highway
Forestry Department unit and that the AFSME petition continues to be pending before a
investigator. The Commission further advised all parties that any argument on the motion to
should be filed on or before February 8, 2002. No argument was filed.
Having considered the matter, we conclude that under our long standing precedent as
discussed in Mukwonago Schools, Dec. No. 24600 (WERC, 6/87), the election petition is
timely because of the pending interest arbitration petition.
Given under our hands and seal at the City of Madison, Wisconsin, this 14th day of
WISCONSIN EMPLOYMENT RELATIONS COMMISSION
A. Henry Hempe, Commissioner
Paul A. Hahn,