STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT RELATIONS
FRANCIS C. TOPEL, Complainant,
MILWAUKEE COUNTY DEPARTMENT OF PUBLIC
HIGHWAY DIVISION and AFSCME, COUNCIL 48
AFL-CIO, LOCAL 882, Respondents.
Decision No. 30351-B
Alan C. Olson & Associates, S.C., Attorneys at Law, by Ms. Faye D.
Boom, 2880 South Moorland Road, New Berlin, Wisconsin 53151-3744, on
behalf of Complainant Francis C. Topel.
Mr. Timothy R. Schoewe, Deputy Corporation Counsel,
Milwaukee County, 901 North Ninth Street, Room 303, Courthouse, Milwaukee, Wisconsin
53233, on behalf of Respondent Milwaukee County.
Dec. No. 30351-B
Pursuant to Sec. 111.07(5), Stats., and ERC 12.08 Wis. Adm. Code, based on the
in the Original Order referenced above, the Examiner hereby modifies his
November 7, 2002 Order
in this matter as follows:
Conclusion of Law 2 is modified to read:
2. The third amended complaint filed by Topel on
October 1, 2002, clarifies the original
complaint filed by Topel on November 19, 2001, and alleges facts which, if proved, are not
barred by Sec. 111.07(14), Stats., and which provide a basis for finding violations and
granting relief under Sec. 111.70(3)(b)1, Stats., and Sec. 111.70(3)(a)5, Stats., except as to
paragraph 6, subparagraphs J and K of the third amended complaint.
The Order is modified to read:
The motion to dismiss is denied except as to the allegations in paragraph 6,
and K of the third amended complaint.
Footnote 3 of the Discussion is modified to read:
3/ That is with the exception of paragraph 6, subparagraphs J and K
of the third amended complaint. While those subparagraphs might
possibly be read to allege violations of the contract by the County, Complainant does not
allege that he exhausted the contractual grievance
procedure in those regards or that the Union failed to fairly represent him in those regards.
Thus, those allegations do not meet the requirements
set forth in Mahnke, supra, and they have been dismissed.
Dated at Madison, Wisconsin, this 7th day of November, 2002.
WISCONSIN EMPLOYMENT RELATIONS COMMISSION