State of Wisconsin
Wisconsin Employment Relations Commission
October 20, 1993
Mr. Keven D. Lee
Laborers' International Union
of North America, Local 140
1920 Ward Avenue, Suite 10
LaCrosse, WI 54601
Mr. Aaron Gesicki
Sparta Manufacturing Company
P. 0. Box 251
Sparta, WI 54656
Re: Sparta Manufacturing
Case 24 No. 49487 A-5090
This letter is to confirm the "bench" decision rendered by the
undersigned in the above-entitled matter on October 19, 1993 in the
Room, Sparta, Wisconsin.
On July 21, 1993, the Wisconsin Employment Relations
Commission designated Dennis P. McGilligan as the impartial
arbitrator to resolve the above dispute.
Hearing in the matter was held on October 19, 1993 as noted
above. At the hearing the parties requested, and the undersigned
agreed to provide, a "bench" award, which is herein confirmed. The
parties agreed to waive written analysis and rationale for the
Arbitrator's 'bench" decision. The parties stipulated that there
are no procedural issues, and that the instant dispute is properly
before the Arbitrator for a decision on the merits. The parties
also stipulated to the following issue:
Did the Company violate the contract by not calling the second
shift into work on March 1, 1993?
Based on the record evidence and the parties' arguments, the
undersigned issued a "bench" decision and found that the answer to
the issue as stipulated by the par-ties was NO, the Company did not
violate the contract by not calling the second shift into work on
March 1, 1993. The undersigned therefore denied the grievance and
dismissed the matter.
By terms of this letter I am confirming same and closing the
file on the above case.
Very truly yours,
DPMpb Dennis P. McGilligan