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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

SHANNON OSWALD, Complainant,

vs.

CITY OF FOND DU LAC and

FOND DU LAC CITY FIRE SUPERVISORY ASSOCIATION, Respondents.

Case 209

No. 70112

MP-4610

Decision No. 33189-B

Appearances:

Michael J. Kuborn, Curtis Law Office, 491 South Washburn Street, Oshkosh, Wisconsin 54904, appearing on behalf of Shannon Oswald.

Matthew L. Granitz, Piper & Schmidt, 733 North Van Buren Street, Milwaukee, Wisconsin 53202, appearing on behalf of City of Fond du Lac.

Captain Larry Wunsch, President, Fond du Lac City Fire Supervisory Association, 815 South Main Street, Fond du Lac, Wisconsin 54935-5738, appearing on behalf of Fond du Lac City Fire Supervisory Association

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

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

On June 6, 2011, Examiner Stuart D. Levitan issued Findings of Fact, Conclusions of Law and Order with Accompanying Memorandum in the above-entitled matter determining that he did not have jurisdiction over the alleged prohibited practices. He ordered the complaint dismissed.

Within the 20-day statutory period set forth in § 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. 33189-B

Page 2

Dec. No. 33189-B

NOW, THEREFORE, the Commission issues the following

NOTICE

By operation of § 111.07(5), Stats., Examiner Levitan'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 June 28, 2011.

Given under our hands and seal at the City of Madison, Wisconsin, this 19th day of July, 2011.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

James R. Scott, Chairman

Judith Neumann, Commissioner

Rodney G. Pasch, Commissioner

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33189-B Dec. No. 33189-B