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[WP]

BEFORE THE ARBITRATOR

In the Matter of the Arbitration of a Dispute Between

WAUKESHA SCHOOL DISTRICT EMPLOYEES

UNION LOCAL 2485, AFSCME, AFL-CIO

and

THE SCHOOL DISTRICT OF WAUKESHA

Case 147

No. 60485

MA-11630

(William Koehn Grievance)

Appearances:

Ms. Christine Bishofberger, Staff Representative, Wisconsin Council 40, AFSCME, AFL-CIO, on behalf of the Union.

Quarles & Brady, S.C., LLP, by Mr. Gary M. Ruesch, on behalf of the District.

ARBITRATION AWARD

The above-captioned parties, herein "Union" and "District", are signatories to a collective bargaining agreement providing for final and binding arbitration. Pursuant thereto, hearing was held in Waukesha, Wisconsin, on June 12, 2002. There, the parties agreed to waive the filing of briefs after they presented their respective positions.

Based upon the entire record and the arguments of the parties, I issue the following Award.

DISCUSSION

This case stems from the District's refusal to award a posted Groundskeeper position to grievant William Koehn, who has about 21 years of seniority and who was the most senior

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MA-11630

applicant for that position. Another bargaining unit member who has less seniority than Koehn also was turned down. After being turned down, Koehn on August 30, 2001, filed a grievance, hence leading to the instant proceeding.

Having fully considered this matter, it is my

AWARD

1. That the current Groundskeeper shall retain his position.

2. That grievant Koehn shall continue to receive training in performing the Groundskeeper's duties and he will be deemed qualified to work as a Groundskeeper by November 1, 2002, without taking any test.

3. That if the Groundskeeper position opens up in the future, or if another Groundskeeper position is created, the District shall post the Groundskeeper position, which may or may not contain different duties. That position will be subject to bidding by bargaining unit members, with Koehn being deemed qualified for that position without taking a test. Koehn shall be awarded that position if he is the most senior bidder and he thereafter will be trained for any modified job duties.

4. That the District will not fill any Groundskeeper positions before November 1, 2002

5. That this Award is limited to the unique facts of this case and thus shall not serve as a precedent in any other matter.

Dated at Madison, Wisconsin, this 14th day of June, 2002.

Amedeo Greco, Arbitrator

AAG/gjc

6388.doc