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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

LOCAL 311, INTERNATIONAL ASSOCIATION

OF FIREFIGHTERS, AFL-CIO, Complainant,

vs.

MIDDLETON FIRE PROTECTION DISTRICT, Respondent.

Case 572

No. 64884

MP-4166

Decision No. 31428-D

Appearances:

Bruce F. Ehlke, Hawks, Quindel, Ehlke & Perry, S.C., 222 West Washington Avenue, Madison, Wisconsin 53701-2155, appearing on behalf of Local 311, International Association of Firefighters, AFL-CIO.

Peter Albrecht, Albrecht Labor & Employment Law, S.C., 131 West Wilson Street, Suite 1202, Madison, Wisconsin 53703, appearing on behalf of Middle Fire Protection District.

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

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

On October 10, 2007, Examiner Stanley H. Michelstetter II issued Findings of Fact, Conclusions of Law and Order with Accompanying Memorandum in the above-entitled matter determining that Respondent had committed prohibited practices within the meaning of Secs. 111.70(3)(a)3 and 1, Stats. He ordered Respondent to take certain remedial action.(1)

The Examiner further concluded that Respondent had not committed prohibited practices within the meaning of Sec. 111.70(3)(a)1, Stats., by certain conduct.

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.

Page 2

Dec. No. 31428-D

NOW, THEREFORE, the Commission issues the following

NOTICE

By operation of Sec. 111.07(5), Examiner Michelstetter'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 October 31, 2007.

Given under our hands and seal at the City of Madison, Wisconsin, this 13th day of November, 2007.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

Judith Neumann, Chair

Paul Gordon, Commissioner

Susan J. M. Bauman, Commissioner

rb

31428-D

1By letter dated October 31, 2007, Respondent advised that it was complying with the remedial Order. Pursuant to that Order, the Notice shall remain posted for 30 days.