James R. Meier
14 West Mifflin Street
A. Henry Hempe
P. O. Box 7870
Madison, WI 53707-7870
Paul A. Hahn
Telephone: (608) 266-1381
Fax: (608) 266-6930
State of Wisconsin
Wisconsin Employment Relations Commission
June 24, 1997
Mr. David Campshure
Wisconsin Council 40,
1566 Lynwood Lane
Green Bay, WI 54311
Mr. Richard Boren
City of Marinette
1905 Hall Avenue
P. O. Box 135
Marinette, WI 54143
Re: City of Marinette (Wastewater)
AFSCME Local 260
(Grievance of Richard Dubord)
Case 78 No. 55006 MA-9865
This letter is to confirm the "bench" decision rendered by the undersigned in the
above-entitled matter on June 11, 1997, in Marinette, Wisconsin.
On April 11, 1997, the Wisconsin Employment Relations Commission
Dennis P. McGilligan as the impartial arbitrator to resolve the above dispute.
Hearing in the matter was held on June 11, 1997, as noted above. At the
parties requested, and the undersigned agreed to provide, a "bench" award, which is herein
confirmed. The parties agreed to waive "any explanation" for the Arbitrator's "bench"
The parties stipulated that there were no procedural issues, and that the instant
properly before the Arbitrator for a decision on its merits pursuant to the terms of the
collective bargaining agreement.
The parties also stipulated as to the removal of the paragraph relating to the Grievant
leaving work because he was ill from the City's written reprimand dated October 29,
City stated, and the Union agreed, that said paragraph was no longer a "reason" for imposing
The parties were unable to agree on the issue before the Arbitrator. Therefore, based
the entire record, the Arbitrator framed the issue as follows:
Was there just cause to discipline the Grievant for the activities
cited in the
dated October 29, 1996?
The Arbitrator found that the answer to the above question was YES, the City did
cause to discipline the Grievant for the activities cited in its letter dated October 29,
However, based on the entire record and the language of Article 17, the Arbitrator
written warning to a verbal reprimand.
The parties agreed that a copy of this letter would be put in the Grievant's personnel
in place of the written warning letter dated October 29, 1996.
By terms of this letter I am confirming same and closing the file on the above case.
Very truly yours,
Dennis P. McGilligan /s/
Dennis P. McGilligan