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James R. Meier
Chairperson

A. Henry Hempe
Commissioner

Paul A. Hahn
Commissioner

Mailing Address:

14 West Mifflin Street

P. O. Box 7870

Madison, WI 53707-7870

Telephone: (608) 266-1381

Fax: (608) 266-6930

State of Wisconsin

Wisconsin Employment Relations Commission

November 18, 1997

Ms. Mary Lou Andresen
Representative

City of Superior

Superior City Hall

1407 Hammond Avenue

Superior, WI 54880

Mr. James Mattson
Staff Representative

Wisconsin Council 40,

AFSCME, AFL-CIO

1701 East Seventh Street

Superior, WI 54880

Re: City of Superior (Parks Department)

Case 152 No. 54785 MA-9792

(Grievance of Michael Peters)

Dear Ms. Andresen and Mr. Mattson:

The parties have indicated they have a dispute as to what my Award in this matter requires or permits, and have requested that I clarify the Award in those regards. Based upon the City's letter of November 7, 1997, and the attached "Agreement - Conditions of Continued Employment", it is my understanding that the City is proposing that Mr. Peters be required to sign what is known as a "last chance agreement" before he will be reinstated. Pursuant to that agreement, Mr. Peters would be subject to immediate discharge without recourse if he breached any provisions of that agreement, including failing an alcohol or drug screen test. The City is also concerned that the Union views the Award as precedent setting as to appropriate discipline in future cases involving violations of the City's Drug and Alcohol Testing Policy. Finally, the City is under the impression the Union is disputing the rate of pay Mr. Peters is to receive during the course of his treatment.

The Union, by its letters of November 7 and November 17, 1997, has indicated that it objects to requiring Mr. Peters to sign such a "last chance agreement", but that it has not taken a position on whether the Award should be viewed as a precedent in future cases, that it does not object to Mr. Peters receiving the Laborer I rate of pay while he is in the course of his treatment, and that it does not object to the City making clear its expectations as to Mr. Peters' job performance.

Page 2

MA-9792

SUPPLEMENTAL AWARD

The Award issued by the undersigned in this matter on October 31, 1997, neither authorizes, nor permits, that Mr. Peters be required to sign such an agreement as the City has proposed before he may be reinstated. The City is entitled to make it clear to Mr. Peters what it expects from him and what action could or will result if he fails to meet those expectations; however, if disciplinary action is taken against Mr. Peters, my Award in no way limits his right to grieve that action. The reference to a "third chance" in the Award and the remedy awarded was only intended to make clear to Mr. Peters the perilous position in which he has placed himself, and was not meant to authorize automatic discharge without any recourse under the labor agreement.

Whatever occurs in a future situation involving Mr. Peters or other employes, is dependent upon the arbitrator's view of the facts in that case. The parties are free to argue what weight, if any, my Award should be given in future cases.

The City is again directed to offer Mr. Peters immediate reinstatement, without any requirement that he sign any agreement.

I will continue to retain jurisdiction in this matter pursuant to my original Award.

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

David E. Shaw /s/

David E. Shaw, Arbitrator

DES/gjc

5585.WP1

Ms. Mary Lou Andresen

Representative

City of Superior

Superior City Hall

1407 Hammond Avenue

Superior, WI 54880

Mr. James Mattson

Staff Representative

Wisconsin Council 40,

AFSCME, AFL-CIO

1701 East Seventh Street

Superior, WI 54880