BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
MILWAUKEE METROPOLITAN SEWERAGE
MILWAUKEE DISTRICT COUNCIL 48, AFSCME,
and its affiliated LOCAL 366
Mr. Don Schriefer, Manager of Human Resources and
Employment Law Liaison, Milwaukee
Metropolitan Sewerage District, 250 West Seeboth Street, P. O. Box 3049,
WI 53201-3049, for the District.
Podell, Ugent, Haney & Delery, S.C., Attorneys at Law, by Mr. Alvin
R. Ugent, 611 North
Broadway Street, Suite 200, Milwaukee, WI 53202-5004, for the Union.
Pursuant to a request by Milwaukee District Council 48, AFSCME, AFL-CIO and its
affiliated Local 366, herein the Union, and the subsequent concurrence by Milwaukee
Metropolitan Sewerage District, herein the District, the undersigned was appointed Arbitrator
the Wisconsin Employment Relations Commission on October 7, 1997, pursuant to the
contained in the grievance-arbitration provisions of the parties' collective bargaining
to hear and decide a dispute as specified below. A hearing was conducted by the
November 5, 1997, at Milwaukee, Wisconsin. The hearing was transcribed. The
oral argument at the close of the hearing.
The parties stipulated that there were no procedural issues, and that the instant dispute
properly before the Arbitrator for a decision on the merits pursuant to the terms of the
collective bargaining agreement. The parties also stipulated to a "bench arbitration
The parties further stipulated that the undersigned should confirm the "bench arbitration
in writing following the hearing. The parties also agreed to waive any appeal of the
issuing a bench decision.
A copy of the transcript was received on December 4, 1997.
The parties stipulated to the following issue:
Was the discharge of the grievant, Ed Sims, for just cause?
If not, what is the appropriate remedy?
Based on the entire record, including the testimony, exhibits and the parties'
the undersigned found that the answer to the issue as framed by the parties was YES, the
of the grievant, Ed Sims, was for just cause. Therefore, the undersigned denied the
dismissed the matter.
By the terms of this Award I am confirming the foregoing bench Arbitration Decision
closing the file on the above case.
Based on all of the above, I issue the following
The grievance of Ed Sims is denied, and the matter is dismissed.
Dated at Madison, Wisconsin, this 19th day of December, 1997.
Dennis P. McGilligan /s/
Dennis P. McGilligan, Arbitrator