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STATE OF WISCONSIN CIRCUIT COURT FLORENCE COUNTY

LISA M. GRIBBLE, Petitioner,

vs.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION, LABOR ASSOCIATION OF WISCONSIN, INC. and FLORENCE COUNTY, WISCONSIN.

Respondents.

Case No. 11 CV 24

Decision No, 32435-f

January 26, 2012

DECISION and ORDER

The Court having received and reviewed all of the briefs submitted by the parties, and having reviewed the briefs and authorites cited, finds that the standard of review is set forth in Florence County's brief. The Court agrees that the WERC held that the LAW had not breached its duties of fair representation to the Petitioner as to her January 19, 2007, grievance and did not commit a prohibited practice under Wisconsin Statute 111.70(3)(b)1. Accordingly, the WERC did not assert jurisdiction over Petitoner's claim that the county violated the collective bargaining agreement, therefore adressed here is only the duty of the fair representation claim and the resulting decision of the WERC with respect to it.

The Court finds that the agency's finding of fact are conclusive on appeal if they are supported by credible and substantial evidence, Milwaukee Board of School Directors vs. WERC, 2008 Wi App 125, 313 Wis.2d 525 758 N.W. 2d 814, citing Wisconsin Statute 102.23 (6). Credible evidence is that evidence which excludes speculation or conjecture, and evidence is substantial if a reasonable person relying on the evidence might make the same decision. The Court finds the evidence supporting the WERC's decision affirming dismissal of the Petitioner's complaint is supported by credible and substantial evidence.

The Court finds that absent a clear showing of abuse of discretion, the Court is without authority to substitute its decision for that of the commission. The commision acted appropriately within its statutory authority, therefore the Court affirms the WERC's decision and denies the motion.

Dated: 1/24/12

Patrick J. Madden Circuit Judge