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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

CHRISTOPHER OCHALEK and

MILWAUKEE DISTRICT COUNCIL 48, AFSCME, AFL-CIO, Complainants,

vs.

MILWAUKEE COUNTY, Respondent.

Case 522

No. 61061

MP-3810

Decision No. 30790-B

Appearances:

Mark Sweet, Law Offices of Mark A. Sweet, 705 E. Silver Spring Drive, Milwaukee, Wisconsin 53217, appearing on behalf of Milwaukee District Council 48, AFSCME and Christopher Ochalek.

Timothy R. Schoewe Deputy Corporation Counsel, Milwaukee County, Milwaukee County Courthouse, Room 303, 901 North Ninth Street, Milwaukee, Wisconsin 53233, appearing on behalf of Milwaukee County.

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

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

On February 3, 2005, Examiner Daniel Nielsen issued Findings of Fact, Conclusions of Law and Order with Accompanying Memorandum in the above-entitled matter determining that Respondent had not committed a prohibited practice within the meaning of Secs. 111.70(3)(a)1 and 3, Stats. He therefore dismissed the 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.

Dec. No. 30790-B

Page 2

Dec. No. 30790-B

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 24, 2005.

Given under our hands and seal at the City of Madison, Wisconsin, this 23rd day of March, 2005.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

Judith Neumann, Chair

Paul Gordon, Commissioner

Susan J. M. Bauman, Commissioner

rb

30790-B