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BEFORE THE ARBITRATOR

IN THE MATTER OF THE ARBITRATION OF A DISPUTE BETWEEN

LINCOLN COUNTY

and

LINCOLN COUNTY HIGHWAY EMPLOYEES

LOCAL 332, AFSCME, AFL-CIO

Case 159 No. 55240 MA-9943

APPEARANCES

Mr. Philip Salamone, Staff Representative, Wisconsin Council 40, AFSCME, AFL-CIO, 7111 Wall Street, Schofield, Wisconsin, 54476, for the Union.

Mr. John Mulder, Administrative Coordinator, Lincoln County, Administration Department, Safety Building - Lower Level, 1104 East First Street. Merrill, Wisconsin, 54452-2535, for the County.

Pursuant to the terms of the collective bargaining agreement between the parties, the undersigned was designated by the Wisconsin Employment Relations Commission as the arbitrator to hear and resolve a grievance by John Swarmer. The hearing was held in Merrill, Wisconsin, on August 14, 1997. During the course of the hearing, the parties agreed to resolve the grievance in the arbitration proceeding on the basis of the following:

CONSENT AWARD

1. The letter of reprimand from the Lincoln County Highway Commissioner to the grievant, John Swarmer, will be removed from the personnel file of the grievant by the close of business on September 26, 1997;

2. The grievance by John Swarmer dated December 23, 1996, is dismissed;

3. The terms of this Consent Award shall not be interpreted or construed as an admission by the County that it violated the terms of the 1995-97 collective bargaining agreement;

1. The terms of this Consent Award are non-precedential in nature and shall not be used

Page 2 MA-9943

by either party in any future dispute, grievance, prohibited practice proceeding, collective bargaining matter or other matter whether dispute or otherwise oriented, except as it may pertain to the enforceability of the terms of this Consent Award.

In addition to the above-noted appearances on behalf of the parties, the grievant, John Swarmer, was present at the hearing and stated his understanding and agreement with the terms of the Consent Award as set forth above. Based on the Consent Award, the undersigned considers the arbitration proceeding resolved and relinquishes jurisdiction of the matter.

Dated at Madison, Wisconsin, this 18th day of August 1997.

Paul A. Hahn /s/

Paul A. Hahn, Arbitrator

fay

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