STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT RELATIONS
In the Matter of the Petition of
DISTRICT 1199W/UNITED PROFESSIONALS
QUALITY HEALTH CARE, SEIU, AFL-CIO,
Involving Certain Employees of
Decision No. 17343-D
Attorney Todd J. Liebman, Corporation Counsel, Sauk County,
Wisconsin 53913, appearing on behalf of Sauk County.
Mr. Jeff Leys, Senior Staff Representative, 2001 West Beltline
Suite 201, Madison,
Wisconsin 53713-2366, appearing on behalf of United Professionals for Quality Health
ORDER DENYING PETITION FOR
On November 25, 2002, the Wisconsin Employment Relations issued
Findings of Fact,
Conclusions of Law and Order Clarifying Bargaining Unit with Accompanying Memorandum
in the above matter wherein it was concluded among other matters that the incumbent Jail
and Occupational Health Nurses Margo Busser and Kathryn Whalen are municipal employees
and that the 2001-2003 bargaining agreement between Sauk County and District
1199W/United Professionals for Quality Health Care, SEIU, AFL-CIO, CLC, did not bar
Busser and Whalen's inclusion in the United Professionals' bargaining unit.
On December 16, 2002, the County filed a petition for rehearing
Sec. 227.49, Stats. 1/ asserting the Commission had committed an error of law by
that the 2001-2003 agreement did not bar Busser and Whalen's inclusion in the United
Professionals' bargaining unit and that the County had new evidence sufficiently strong to
reverse the Commission's conclusion that Jail and Occupational Health Nurse Busser is a
To maximize the ability of the parties we serve to utilize the Internet
software to research decisions and arbitration awards issued by the Commission and its staff,
footnote text is found in the body of this decision.
Dec. No. 17343-D
Dec. No. 17343-D
1/ Section 227.49(3), Stats. provides:
(3) Rehearing will be granted only on the
(a) Some material
(b) Some material
(c) The discovery
of new evidence sufficiently
strong to reverse or modify the order, and which could not have
been previously discovered by due diligence.
On January 6, 2003, United Professionals filed a
As to the alleged error of law, we remain satisfied that our
interpretation of the
2001-2003 agreement is correct.
As to the alleged "new evidence," the County asserts by affidavit that it
is creating the
new position of Director of Inmate and Occupational Health that will be filled by Busser and
that Busser will have sufficient authority in the new position to be a supervisor and a
managerial employee. Thus, through its petition, the County asks us to rule on the
unit status of a new position not to consider whether we erred when determining the
of the Jail and Occupational Health Nurse position held by Busser. We decline the
If the parties are unable to reach agreement on the bargaining unit status of the Director, a
new unit clarification petition can be filed.
Having reviewed the record and being fully
advised in the premises, we
the petition should be denied because we made no error of law and the County has not
presented "new evidence sufficiently strong to reverse or modify the order, and which could
not have been previously discovered with due diligence," within the meaning of
Sec. 227.49(3)(c), Stats.
NOW, THEREFORE, it
The petition for rehearing is denied.
Given under our hands and seal at the City of Madison,
Wisconsin, this 15th day of
WISCONSIN EMPLOYMENT RELATIONS COMMISSION
Henry Hempe, Commissioner
Paul A. Hahn, Commissioner
John R. Emery