State Bar of Wisconsin Return to wisbar.org Wisconsin Employment Relations Commissions Decisions

Download this document in Adobe PDF

STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

In the Matter of the Petition of

BRIAN T. SCHULTZ

Involving Certain Employees of

CITY OF WEST BEND

Case 50

No. 70855

ME-4267

Decision No. 33607

Decision No. 33608

Appearances:

Brian T. Schultz, 150 Edgewood Lane, West bend, Wisconsin 53095, appearing on his own behalf.

Richard E. Thiemer III, N166 Highway 45, Kewaskum, Wisconsin 53040, appearing on his own behalf.

Nancy Pirkey, Buelow Vetter, Buikema, Olson & Vliet, LLC, 20855 Watertown Road, Suite 200, Waukesha, Wisconsin 53186, appearing on behalf of the City of West Bend.

Kyle McCoy, Soldon Law Firm, LLC, 3541 North Summit Avenue, P. O. Box 12993, Shorewood, Wisconsin, 53211, appearing on behalf of Teamsters Local Union No. 200.

ORDER DISMISSING PETITIONS FOR ELECTION

On July 20, 2011, Brian Schultz filed a petition with the Wisconsin Employment Relations Commission seeking an election among eleven Water Utility Operators employed by the City of West Bend for the purpose of determining whether those employees want to continue to be represented by Teamsters Local Union No. 200 for the purposes of collective bargaining.

33607

33608

Page 2

No. 33607

No. 33608

On September 7, 2011, Teamsters filed a motion to dismiss the petition.

On October 18, 2011, Richard E. Thiemer III filed an election petition seeking an election among three maintenance employees employed by the City of West Bend for the purpose of determining whether those three employees want to continue to be represented by Teamsters Local Union No. 200 for the purposes of collective bargaining. On November 3, 2011, the City filed a statement in opposition to the motion asking that both election petitions proceed to hearing. Teamsters filed additional argument on November 14, 2011.

Having considered the matter and being fully advised in the premises, the Commission makes and issues the following

ORDER

The petitions for election are dismissed.

Given under our hands and seal at the City of Madison, Wisconsin, this 9th day of January, 2012.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

James R. Scott, Chairman

Judith Neumann, Commissioner

Rodney G. Pasch, Commissioner

Page 3

No. 33607

No. 33608

City of West Bend

MEMORANDUM ACCOMPANYING

ORDER DISMISSING PETITIONS FOR ELECTION

The eleven Water Utility Operators covered by the Schultz petition and the three maintenance employees covered by the Thiemer petition are currently included in a larger bargaining unit represented by Teamsters. By their respective petitions, Schultz and Thiemer seek to remove the Operators and maintenance employees from the larger unit and have them become unrepresented employees.

In St. Croix County, Dec. No. 31608 (WERC, 2/06), the Commission held that it will dismiss election petitions filed by individual employees seeking to become unrepresented unless the election sought is among all employees in the bargaining unit. Here, Schultz and Thiemer only seek elections among a portion of the bargaining unit. Therefore, we have dismissed the petitions.

The City asserts that the initial annual certification elections created by 2011 Acts 10 and 32 have changed the election dynamics and warrant processing the petitions. We disagree. The initial annual certification elections are for the purpose of determining whether the employees in the existing bargaining unit want to continue to be represented for the purposes of collective bargaining. Thus, if anything, the "existing unit" framework of the annual certification elections is supportive of dismissal of these petitions.

Dated at Madison, Wisconsin this 9th day of January, 2012.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

James R. Scott, Chairman

Judith Neumann, Commissioner

Rodney G. Pasch, Commissioner

rb No. 33607

33608.doc No. 33608