State Bar of Wisconsin Return to wisbar.org Wisconsin Employment Relations Commission Awards

Download this document in Adobe PDF

BEFORE THE ARBITRATOR
In the Matter of the Arbitration

of a Dispute Between

CITY OF MANITOWOC

and

CITY OF MANITOWOC POLICE DEPARTMENT EMPLOYEES, LAW ENFORCEMENT EMPLOYEE RELATIONS DIVISION OF THE WISCONSIN PROFESSIONAL POLICE ASSOCIATION

Case 98

No. 49103

MA-7819

Grievance 92-201

John Crabb

overtime pay

Appearances:

Mr. Edward VanderBloomen, WPPA/LEER Business Agent, 4617 Bellevue Place, Two Rivers, WI 54241, appearing on behalf of the Association.

Mr. Patrick Willis, City Attorney, City of Manitowoc, PO Box 1597, Manitowoc, WI 54221-1597, appearing on behalf of the City.

ARBITRATION AWARD

The Wisconsin Employment Relations Commission designated the undersigned Arbitrator to hear and determine a dispute concerning the above-noted grievance under the grievance arbitration provisions of the 1991-92 collective bargaining agreement (Agreement) between the City and AFSCME Local 731, which was the previous representative of the bargaining unit.

The parties presented their evidence and arguments to the Arbitrator at a hearing held at City Hall in Manitowoc, Wisconsin on August 27, 1993. The hearing was not transcribed, but the parties agreed that the Arbitrator could maintain an audio tape recording of the evidence and arguments for his exclusive use in award preparation. The parties summed up their positions on the record at the conclusion of the hearing and agreed that the Arbitrator should render a bench award.

For the reasons stated by the Arbitrator at the hearing, and based on the record evidence as a whole, the Arbitrator ruled as follows on the issues submitted:

1. The Employer did not violate the terms and conditions of the Agreement, when it denied the grievant's request for overtime compensation for one and one-half (1.5) hours in excess of the normal eight (8) hour work day on October 13, 1992.

2. Therefore, the grievance is denied and no consideration as to appropriate remedy is called for.

Dated at Shorewood, Wisconsin

this 7th day of September, 1993 by Marshall L. Gratz /s/

Marshall L. Gratz, Arbitrator