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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

JEFFERY L. DZIEWIT, Complainant,

vs.

DePERE PROFESSIONAL FIREFIGHTERS ASSOCIATION

and CITY OF DePERE, Respondents.

Case 89

No. 66269

MP-4290

Decision No. 32134-A

MOTION TO MAKE COMPLAINT MORE DEFINITE AND CERTAIN

On August 29, 2006, Jeffery L. Dziewit filed a complaint with the Wisconsin Employment Relations Commission alleging that the DePere Firefighters Association and the City of DePere committed prohibited practices within the meaning of sections 111.70(3)(b)1 and 11.70(3)(a)5, respectively. On June 20, 2007, a hearing notice was issued for a hearing to be held on July 26, 2007. On June 22, 2007, the City of DePere filed a timely motion for the complaint to be made more definite and certain. On review of the pleadings, the Examiner has determined the complaint is so indefinite as to hinder the city in its preparation of its answer to the complaint. Accordingly, pursuant to Sec. 111.70(3), Wis. Stats., and ERC 12.02(7), Wis. Admin. Code., the Examiner hereby issues the following

ORDER TO MAKE MORE DEFINITE AND CERTAIN

No later than July 2, the Complainant shall file with the Examiner and the parties a statement supplying the following information:

A clear and concise statement of the facts constituting the alleged prohibited practice, including the date(s) upon which the alleged failure by the City to pay the Complainant occurred and the specific dollar amount the Complainant alleges he is owed, including amounts alleged to be owing from vacation pay, holiday pay, sick leave and compensatory time.

Dated at Madison, Wisconsin, this 22nd day of June, 2007.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

Stuart D. Levitan, Examiner

gjc

32134-A No. 32134-A