STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT RELATIONS
In the Matter of Petition of
VILLAGE OF WILLIAMS BAY
Requesting a Declaratory Ruling Pursuant to Section 111.70(4)(b),
Involving a Dispute Between Said Petitioner and
WISCONSIN PROFESSIONAL POLICE
LAW ENFORCEMENT EMPLOYEE RELATIONS
Decision No. 30385
Consigny, Andrews, Hemming & Grant, S.C., by Attorney Richard R.
Grant, 303 East Court Street, Post Office Box 1449, Janesville, Wisconsin
53547-1449, appearing on behalf of the Village of Williams Bay.
Attorney Gordon E. McQuillen, Director of Legal Services,
Wisconsin Professional Police Association/LEER Division, 340 Coyier Lane, Madison,
Wisconsin 53713, appearing on behalf of the Wisconsin Professional Police Association/Law
Enforcement Employment Relations Division.
ORDER DENYING MOTION FOR DEFAULT
On November 5, 2001, the Village of Williams Bay filed a petition with the
Employment Relations Commission seeking a declaratory ruling pursuant to
Sec. 227.41, Stats., as
to whether the contractual interest arbitration proposal of the Wisconsin Professional Police
Association/Law Enforcement Employee Relations Division (WPPA) is a mandatory subject
The parties thereafter agreed to a briefing schedule and, pursuant to that schedule, the
filed its initial brief on January 28, 2002. The WPPA responsive brief was to be filed on or
February 8, 2002.
Dec. No. 30385
Dec. No. 30385
By letter dated March 21, 2002, the Commission wrote the parties and inquired as to
status of the briefing schedule. By letter dated April 2, 2002, the Village advised the
it had not had any contact with the WPPA regarding the matter since the Village filed is
letter dated April 29, 2002, WPPA responded by indicating that the delay in filing a
brief had resulted
from a change in legal counsel and advised that it would be filing its brief on or before
May 13, 2002
absent objection from the Village and Commission.
On April 30, 2002, the Village filed a Motion for Default Judgment asking that
entered in favor of the Village due to the failure of WPPA to timely file a brief. On May
the Village supplemented its motion by letter reaffirming its motion for default judgment.
20, 2002, the WPPA filed a brief and asked that the motion for default judgment be denied.
We have considered the matter and conclude that the failure to timely file a brief
warrant granting a default judgment in favor of the Village. We are further persuaded that
circumstances described in the WPPA letter of April 29, 2002, it is appropriate to consider
brief filed May 20, 2002. The Village is granted whatever time it needs to respond to that
NOW THEREFORE, it is
The motion for default judgment is denied.
Given under our hands and seal at the City of Madison, Wisconsin, this 20th day of
WISCONSIN EMPLOYMENT RELATIONS COMMISSION
A. Henry Hempe, Commissioner
Paul A. Hahn,