BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
MANITOWOC COUNTY HUMAN SERVICE
LOCAL 986-A, AFSCME, AFL-CIO
Mr. Steven J. Rollins, Manitowoc County Corporation Counsel,
1010 South Eighth Street,
Manitowoc, Wisconsin 54220, appearing on behalf of the County.
Mr. Neil Rainford, Staff Representative, Wisconsin Council 40,
14002 County Road "C", Valders, Wisconsin 54245, appearing on behalf of the
Manitowoc County, hereinafter referred to as the County, and Manitowoc County
Services Department Employees, Local 986-A, AFSCME, AFL-CIO, hereinafter referred to
Union, are parties to a collective bargaining agreement that provides for final and binding
of grievances. Pursuant to a request to initiate grievance arbitration the Wisconsin
Relations Commission appointed Edmond J. Bielarczyk, Jr. to arbitrate a dispute over the
a vacation request. Hearing on the matter was held in Manitowoc, Wisconsin on April
3rd, 2002. A
stenographic transcript of the proceedings was prepared and received by the Arbitrator by
2002. Post hearing written arguments and reply briefs were received by the Arbitrator by
2002. Full consideration has been given to the evidence, testimony and arguments presented
rendering this Award.
During the course of the hearing the parties agreed upon the following issues:
"Is the grievance timely?"
"Did the County violate the
collective bargaining agreement when it denied Terri
Klavekoske's request to use vacation on a holiday she was scheduled to work?"
"If yes, what is the appropriate
ARTICLE 3 MANAGEMENT RIGHTS
Unless otherwise herein provided,
management of the work and direction of the working force,
including the right to hire, promote, transfer, demote, or suspend, or otherwise discharge for
cause, and the right to relieve employees from duty because of lack of work or other
reason, is vested exclusively in the Employer. If any action taken by the Employer is proven
be justified, the employee shall receive all wages and benefits due him or her for such period
involved in the matter.
. . .
Unless otherwise herein provided, the Employer shall have the
explicit right to determine the
specific hours of employment and the length of work week and to make such changes in the
of employment of the various employees, as it, from time to time, deems necessary for the
operation of the Department. The Employer may adopt reasonable work rules except as
provided in this Agreement.
The Employer agrees that all amenities and
practices in effect for a minimum of twelve (12)
months or more, but not specifically referred to in this Agreement, shall continue for the
this Agreement. The parties recognize the County's right to implement an Employee
Program. Practices and policies established pursuant to the Employee Assistance Program
be considered a past practice, regardless of how long they exist. The County reserves the
modify or discontinue any portion of the program. The
decision of the County to modify or
discontinue any portion or all of the program shall not be
subject to the grievance procedure.
. . .
ARTICLE 8 GRIEVANCE
A. Definition of a
Grievance: Should any differences arise between the Employer and the Union
as to the meaning and application of this Agreement, or as to any question relating to wages,
hours and working conditions, they shall be settled under the provisions of this Article.
Limitations: The failure of a party to appeal a grievance in a timely fashion will be
treated as a settlement to that particular grievance, without prejudice. However, if it is not
possible to comply with the time limitation specified in the grievance procedure because of
work schedules, illness, vacations, holidays, any approved leave or time off, these time
limitations may be extended by mutual agreement.
The party who fails to receive a reply in a
timely fashion shall have the right to automatically
proceed to the next step of the grievance procedure.
C. Steps in
1: The employee and one (1) Union steward shall orally state grievances to the
immediate supervisor within a reasonable period of time, but in no event later
than thirty (30) working days after the Union knew or should have known of
the occurrence of such grievance. In the event of a grievance, the employee
shall perform his or her immediate assigned work task, if any, and grieve the
dispute later, unless his or her health or safety is endangered. The immediate
supervisor shall, within five (5) working days, orally inform the employee and
the Union steward of his or her decision.
. . .
ARTICLE 12 - HOLIDAYS
All employees shall be granted ten (10) paid
holidays each year. They are as follows:
New Year's Day
Fourth of July
Day after Thanksgiving Day
Christmas Eve Day
and a "floating holiday", said day to be a
day chosen by the employee subject to the approval of
the Director or his or her designee. However, the floating holiday cannot be used during the
employee's probationary period. Upon completion of probation, the employee shall be
entitled to the
use of any floating holiday earned during the probationary period. If the employee's date of
after May 31st, the floating holiday shall be carried over to the next
calendar year for use upon
completion of probation.
The following shall be one-half (1/2) day
paid holidays (four (4) hours straight pay):
One-half (1/2) day Good Friday, and
One-half (1/2) day December 31.
An employee must be in attendance on his
or her work day immediately preceding and
immediately following the holiday to be eligible to the holiday pay, except when on an
When the Fourth of July falls on a
Saturday, the Fourth of July holiday shall be observed on the
previous Friday. When the Fourth of July falls on a Sunday, the Fourth of July holiday shall
observed on the following Monday.
When Christmas Day falls on a Saturday or
Sunday, the Christmas Eve and Christmas Day
holidays shall be observed on the preceding Friday and the following Monday.
When Christmas Day falls on Monday, the
Christmas Eve and Christmas Day holidays shall be
observed on Monday, December 25, and Tuesday, December 26.
When New Year's Day falls on Saturday,
Sunday or Monday, the New Year's Eve holiday shall
be observed the preceding Friday (afternoon) and the New Year's Day holiday shall be
Crisis Intervention Team members shall each be scheduled to
work four and one-half (4½) of the
actual holidays listed in this Article each year.
1. The Crisis Team
members shall be allowed to divide the scheduling of the holidays in
equal number between themselves, subject to supervisory approval.
2. If they are unable to
agree on subsection "1" above, and if the set holidays identified
by this Agreement fall equally (4.50 each) on the unaltered schedules of the Crisis
Intervention Team members in a calendar year, then they shall work holidays
according to their schedule.
3. If the provisions of
neither subsections "1" nor "2" above is met, the team member
with the most bargaining unit seniority shall work the holidays on the following List
One and the junior team member shall work the holidays on List Two. In succeeding
years the team members shall alternate lists of holidays worked regardless of seniority,
unless they are able to agree to a schedule of an equal number of holidays to be
worked as in subsection "1" above. Then the process of subsections "1" through "3"
shall apply again.
New Year's Day
Fourth of July
Good Friday (half day)
Day after Thanksgiving Labor
New Year's Eve (half day)
Christmas Eve Day
Crisis Intervention Team members
who work on an actual holiday shall receive, for
each holiday worked, time and one-half the employee's scheduled rate of pay (in
Appendix A) for ten (10) hours, and shall be given one (1) additional paid weekday
off at another time, accrued and recorded as seven and one-half (7½) hours or eight
(8) hours when the actual holiday is on a Monday, to be recorded as seven and one-half
(7½) holiday hours and one-half (1/2) regular hour), credited January
1st of each
year, to be scheduled by the same procedure as vacation but within the calendar year.
Working Good Friday or New Year's Eve shall yield the employee one-half (1/2) of
the holiday credits and premiums in this paragraph.
If the actual holiday falls on a scheduled day off, the
Crisis Intervention Team member
will receive pay for the holiday, without another day off, for seven and one-half (7½)
hours (or eight hours, if the holiday is celebrated on a Monday under this Agreement,
to be recorded as seven and one-half (7½) holiday hours and one-half (1/2) regular
hour) at the employee's scheduled rate of pay for that holiday, one-half this amount
for Good Friday or New Year's Eve.
The floating holiday shall be
credited as seven and one-half (7½) hours (or eight (8)
hours, if the holiday is celebrated on a Monday under this Agreement, to be recorded
as seven and one-half (7½) holiday hours and one-half (1/2 regular hour) toward a
paid weekday off to be scheduled by the same procedure as vacation but within the
. . .
A. Each employee shall earn vacation in the following
One (1) week vacation upon completion of
six (6) months of
Two (2) weeks vacation upon completion
of two (2) years'
Three (3) weeks vacation upon completion
of seven (7) years'
Upon completion of nine (9) years of
service, the employee
shall be granted an additional one (1) day per year for each
year of continuous service completed from the ninth (9th) year
through the eighteenth (18th) year of service so that effective
with the completion of the eighteenth (18th) year of service,
such employee will then be entitled to five (5) weeks of
Upon completion of nineteen (19) years of
employee shall be granted an additional one-half (1/2) day of
vacation per year for each year of continuous service
completed from the nineteenth (19th) year through the twenty-second
(22nd) year of service, such employee will then be
entitled to twenty-seven (27) days of vacation.
B. When a holiday falls within
an employee's paid vacation, the
employee shall be granted the paid holiday in lieu of a
C. If an employee terminates his or her employment
for any reason
during the year, he or she shall receive vacation pay at the
rate of one-twelfth (1/12) of the total from the anniversary
date of his or her employment to the termination date of his
or her employment for each month of service during that year.
D. All employees shall be
required to use all accumulated vacation time during the year, and with
the exception of the one week of vacation awarded after completion of six (6) months of
service each employee shall be obligated to use his or her vacation within one (1) year of its
being earned. The one week of vacation awarded after completion of six (6) months of
service must be used before the completion of two (2) years of service. In the event of
unusual circumstances preventing the employee from taking such vacation, he or she must
apply to the Department Head or the Department Head's designee, subject to the approval
of the Personnel Committee, for any deviation from this rule.
E. Notice: Each employee shall give a
minimum of one (1) week's
advance notice of requested vacation time off. Exceptions may
be made by the Department Head or his or her designee in the
event of emergencies or other urgent and unexpected
F. Crisis Team:
Crisis Intervention Team members shall record
and have deducted from vacation accrual ten (10) hours for
each weekday taken off as vacation and thirteen (13) hours for
each Saturday, Sunday or actual Holiday taken off as vacation.
The County operates a Human Services Department wherein it employs two (2) Crisis
Intervention Workers, Lisa Korslin and Terri Klavekoske, hereinafter referred to as the
parties refer to the Crisis Intervention Workers as the Crisis Intervention Team. Crisis
Workers perform duties on late night, weekend and holidays to handle emergencies. They
unique schedule basically being on call for seven (7) days and then off for seven (7) days.
consequence of this scheduling was that the two (2) crisis workers did not always work an
number of holidays. To remedy this problem the Union proposed changes to incorporate
1998-1999 collective bargaining agreement. The parties were unable to reach a total
the matter went to interest arbitration. The Union included in its final offer language
Crisis Intervention Workers' holidays and rates of pay. On May 22, 1999 the Interest
selected the County's final offer. Therein the distinct difference between the County's final
the Union's concerning the Crisis Team was the
inclusion that vacation request had to have supervisory approval. Thus, since May 22,
parties' collective bargaining agreement has directed that each Crisis Intervention Team
scheduled to work four and one-half (4 ½) of the holidays listed in the collective
agreement (Article 12, paragraph 3).
During calendar year 2000 the County's Personnel Director Sharon Cornils sent
memos to the Crisis Intervention Workers' supervisor, Clinical Services Manager Jeff
concerning how to account for holiday time. During this time frame Jenswald allowed Crisis
Intervention Workers to take vacation time on a scheduled holiday. Thereafter, the County's
supervisor informed Cornils that there were holidays when both Crisis Intervention Workers
from work. Cornils met with Jenswald and with Human Services Director Thomas Stanton.
Following that meeting Jenswald issued the following memo to the Crisis Intervention
To: Lisa Korslin
From: Jeff Jenswold
Date: July 17, 2001
Re: Assigned holiday work
As you know, holidays are split between the
two of your during the course of a year. You are
required to work the holiday that you are scheduled for. Back up coverage for holidays is
the additional cost to the agency for holiday back up coverage is $323.32 in salary alone and
be more based on the time spent on calls.
Obviously, if you are ill or if an unforeseen
emergency would arise, an exception could be made. Please let me
know if you have any questions on this.
On August 3rd, 2001 the grievant submitted a request to take
vacation on Labor Day, a
holiday she was scheduled to work. Thereafter Jenswald denied the request but failed to date
denial. The collective bargaining agreement allows the Union to grieve a matter up to thirty
after it knew or should have known of the occurrence. The Union filed the instant grievance
September 26th, 2001. During the course of the hearing the undersigned
determined the grievance
was timely (Tr. p. 9: 19-21) because the denial was not dated and there was no evidence to
demonstrate when the Union became aware of the occurrence. The matter was processed to
arbitration in accord with the parties' grievance procedure.
The record also demonstrates that the grievant has withdrawn vacation requests for
on a holiday when the County has been unable to find a worker to work the holiday.
The Union argues the County's attempt to reinterpret the
language of Article 12, HOLIDAYS is unconvincing as clearly Article
12 refers to the "scheduling" of Crisis Intervention Workers. The
Union argues this provision clearly requires Crisis Intervention
Workers be scheduled to work four and one-half (4½) of the actual
holidays each year. The Union asserts the sentence that introduces
subparagraphs A, B and C, makes the framers intent clear. The
language refers to scheduling, but it does not prohibit a Crisis
Intervention Worker from using paid leave benefits on scheduled
holidays. The Union argues the County's position ignores the clear
structure and formatting of the scheduling provision. The Union
also argues that there is no credible reading of the holiday
scheduling provision that would decisively indicate the intent was
to require Crisis Intervention Workers to work their scheduled
holidays except in cases of illness or emergency. The Union also
asserts there is no provision in the collective bargaining
agreement restricting Crisis Intervention Workers use of vacation
or other leave benefits. The Union concludes there is no basis for
the County's interpretation for restrictions on vacation use.
In support of its position the Union points out Article 23, C.
2 and C. 4 provides for backup when Crisis Intervention Workers are
on vacation and other leaves and the level of pay if a backup
worker fills in for a Crisis Intervention Worker on a holiday. The
Union argues that it is clear the parties anticipated Crisis
Intervention Workers would be absent on actual holidays and that
Crisis Intervention Workers could use vacation. The Union asserts
the Crisis Intervention Worker is exercising a specified right when
they request a vacation day on their scheduled work day and when
they request the County to find a voluntary or mandated
In support of its position the Union also points out that at
the same time the parties agreed upon inserting language into the
agreement concerning the scheduling of holidays for Crisis
Intervention Workers they inserted into Article 15, F., language
that specifies how much vacation time must be recorded and deducted
from a Crisis Intervention Worker's vacation bank when vacation is
used on a scheduled holiday. The Union avers that if the County's
position is sustained Article 15, F. is rendered meaningless.
The Union also argues that the practice of Crisis Intervention
Workers using vacation on holidays existed prior to the change in
language and for almost two years after the language was inserted
into the collective bargaining agreement. The Union asserts this
practice is an indisputable indicator of the parties' understanding
of the language they agreed upon. In support of its position the
Union points out Article 3 MANAGEMENT RIGHTS RESERVED specifies
the County will continue practices that were in effect for a
minimum of twelve (12) months.
The Union also argues that there is no evidence of any
bargaining history that there was a meeting of the minds at the
bargaining table supporting the County's interpretation of the
Crisis Intervention Workers scheduling language.
The Union would have the undersigned sustain the grievance and
direct the County to rescind the July 17, 2001 policy. The Union
would also have the undersigned direct the County to make the
grievant whole for the lost use of vacation benefits by awarding
the grievant fifteen (15) additional hours of pay for each holiday
since Labor Day 2001.
The County contends the grievance was untimely. The County points out that the
undersigned noted the time for filing the grievance should have occurred starting with the
date of the
denial for the request for time off (Tr. p. 9:15-21). The County acknowledges there is no
documentation showing exactly when the request was denied. However, the County points
grievant testified the request was denied when she turned it in or the next day (Tr. p.
County asserts that in light of the grievant's testimony the grievance is untimely.
The County contends Crisis Intervention Workers are expected
to work when they are scheduled to work. The County points out
they perform a critical function and that the Union acknowledged
the County can not afford to not have coverage. It is expected to
respond when someone with a crisis calls in. The County argues it
is for this very reason that the County expects its Crisis
Intervention Workers to work when they are scheduled to. The
County asserts the need is even greater on holidays when the need
for such workers to be available to the public is even greater.
The County points out holidays are one of the days that Crisis
Intervention Workers were specifically hired to work. The County
also points out that Crisis Intervention Workers must request
approval for being absent from work, concluding the Crisis
Intervention Workers do not have a right to take a scheduled work
holiday off without the County's approval.
The County also argues that the County has the right to
determine whether to grant a vacation request. The County points
out it must make sure someone in the department is available at all
times, thus the County must maintain a degree of control over who
was scheduled to work and who is available to be reached. The
County points out the grievant's request was denied on the basis
that Crisis Intervention Workers are expected to work on the
holidays for which they are scheduled. The County also points out
this policy is not absolute as leave can be allowed for illness or
emergencies, but the grievant did not indicate in her request any
The County avers that the Union can point to nothing in the
collective bargaining agreement that guarantees vacation requests
will always be granted. The County argues a need to control
overtime costs is reasonable justification for denial of a vacation
request. The County contends the limitation it imposed is narrowly
drawn but not absolute. The County points out the limitation
applies to only two (2) workers and they were both hired to work
holidays. The County also points out the two (2) workers are
guaranteed half the holidays off each year and they are guaranteed
to get all the holidays off during a two (2) year period. The
County argues granting the request would have led to unnecessary,
increased overtime costs.
The County concludes its actions did not violate the
collective bargaining agreement and the County would have the
Arbitrator deny the grievance.
Union's Reply Brief
The Union argues the issue of timeliness was decided at the hearing and that evidence
after the arbitrator's ruling is irrelevant. The Union also argues the County has attempted to
the matter by using the verb "work" as shorthand for the concept of being "scheduled to
Union asserts the County's contention fails based upon the mutual understanding of the
the language bargained into the collective bargaining agreement, the clear practice of nearly
years, and the Union's interest arbitration reply brief when read as a whole.
The Union also argues the arbitral authority cited by the
County are distinguishable from the instant matter. The Union
argues the collective bargaining agreement does not grant the
County the far-reaching power to regulate vacation scheduling. The
Union also points out the County did not demonstrate an operational
need and can not because of Article 23's specific provisions for
voluntary and mandatory replacement of Crisis Intervention Workers.
The Union also asserts the County's reliance on its management
rights contained in Article 3 is misplaced. The Union contends the
rights asserted to by the County are limited by the express
provisions of the agreement. Further, if the County does have the
right to deny a vacation it must do so on a case by case basis.
The Union concludes that the County knew when it agreed to the
language that employees who are scheduled to work a holiday may
take leave on that day though the use of a paid benefit. The Union
also concludes that the County knew that when Crisis Intervention
Worker took vacation on a scheduled to work holiday there would be
an additional expense to the County.
County's Reply Brief
The County acknowledges that the collective bargaining agreement does not prohibit
employee from using leave on a holiday, but, the County points out, the collective bargaining
agreement does not guarantee that an employee can take vacation on a holiday. The County
the approval of any vacation request is a reserved management right and an employee can
vacation only if the County approves the request.
The County also contends the grant of vacation is a reserved
management right that is not limited by past practice. The County
avers that management has discretion when deciding whether to grant
a leave request and argues it can use various factors when making
a decision. The County also argues because it has approved all
prior holiday vacation requests it has not established a past
practice, but only chosen to be lax in the exercise of its
The County asserts it was not callous in denying the
grievant's request. The County also argues the Union's request for
compensation for the grievant is not supported by any language in
the collective bargaining agreement and is punitive. The County
contends if the collective bargaining agreement was violated the
appropriate remedy would be for the County to rescind the July 2001
memo and to give full consideration to any future requests. The
County contends the approval of such request would still remain
within the County's reserved management rights.
At the onset of the hearing the County presented argument and
evidence contending the grievance was untimely. At the conclusion
of this presentation the undersigned ruled the grievance was timely
because the denial of the vacation request was not dated. Step 1
of the parties' grievance procedure requires the Union to file a
grievance " in no event latter than thirty (30) working days after
the Union knew or should have known of the occurrence of such
grievance." The record demonstrates the July 17, 2001 memo from
Jenswold was sent to the two Crisis Intervention Workers but there
is no evidence as to when the Union became aware of it. However,
even if the Union was aware of the memo prior to September 26,
2001, until the County acted on the memo by denying a vacation
request there was no alleged violation of the collective bargaining
agreement. The record also demonstrates that when Jenswold denied
the vacation request it was neither dated nor was the Union
notified. Thus, the Union could not become aware of the matter
until the grievant informed the Union of her vacation denial. The
grievant works a basic seven (7) days on seven (7) days off work
schedule. There are fifty-four (54) days between August 3rd, 2001
and September 26th, 2001. Given a seven (7) day work cycle the
grievant would not have worked approximately twenty-eight (28) days
after the denial of her vacation request. The grievance was thus
filed on the twenty-sixth (26th) working day after the grievant
could have became aware of the denial if the denial had been made
on the same day as the request. Therefore the undersigned finds
the grievance timely.
A careful review of the parties collective bargaining agreement demonstrates that
Holidays clearly specifies that Crisis Intervention Workers are to be scheduled to work four
and one-half (4½) holidays each year. The provision also sets up a mechanism for the
Workers to select the holidays they will be scheduled to work. However, as the Union
there is no prohibition in this provision to prevent Crisis Intervention Workers from
vacation day for a holiday they are scheduled to work. Thus the County's assertions that this
provision mandates Crisis Intervention Workers to work on the holidays they are scheduled
merit. The undersigned notes here that Article 15, F., clearly provides that Crisis
Workers shall have deducted from their vacation leave bank thirteen (13) hours of vacation
holiday taken as vacation. Thus the undersigned finds the parties were aware that a Crisis
Intervention Worker may take vacation on a holiday and established how such a matter was
deducted form the employees vacation bank. There is no mandate in this provision that
vacation requests to be used on a scheduled holiday to vacation requests that are due to
emergency. Absent such a mandate in either
Article 12 or Article 15 the undersigned concludes the County's
actions violated the parties' collective bargaining agreement when
it issued the July 17, 2001 memo and subsequently denied the
The undersigned notes here that Article 23, C., 2., clearly
provides for the creation of voluntary backup if Crisis
Intervention Workers are off due to vacation, holiday, sick leave,
funeral leave, maternity leave, training or compensatory time. The
record also demonstrates that when the County has been unable to
find a volunteer to work the grievant's scheduled holiday, she had
withdrawn her request.
The County has also argued that under the collective
bargaining agreement's management rights provision it has the
ability to deny a vacation request. The Union, in effect, has
argued all vacation requests must be approved. A careful review of
Article 15 demonstrates that employees must give at least one (1)
weeks notice for requested time off. There is no evidence in the
record of the County ever denying a vacation request prior to the
instant matter. However, the fact the County has never denied a
vacation request does not establish a binding past practice. The
County can use various factors in determining whether to grant a
vacation. For example, if every employee requested the same
vacation day the County, in order to maintain operations, can
determine how many employees would be necessary to continue
operations. Thus, while the County may have granted every request
for vacation time it is not bound to do so in the future. However,
the mere fact the Crisis Intervention Worker's request would
generate an additional expense to the County is insufficient, given
the language of Article 15, F. to deny the request. When the
parties agreed to this language the County was aware a replacement
for the Crisis Intervention Worker would create additional costs to
the County. Thus the mere fact the grievant's replacement would
require an overtime payment is insufficient in and of itself to
deny the vacation request. Herein the County concluded the Crisis
Intervention Workers were required to work their scheduled
holidays. As noted above, such a mandate is not supported by the
collective bargaining agreement. Further, the parties bargained a
formula for determination of the amount of hours to deduct from a
Crisis Intervention Workers vacation bank if the employee took
vacation on a holiday. Thus, the Union's assertion that there was
no agreement to discontinue the Crisis Intervention Workers ability
to use vacation on a scheduled to work holiday is supported by the
language of the collective bargaining agreement. Otherwise there
would be no need to have language in the collective bargaining
agreement that requires a Crisis Intervention Worker to deduct
thirteen (13) hours from their vacation bank for each holiday taken
off as vacation.
Therefore, based upon the above and foregoing and the
testimony, evidence and arguments presented the undersigned
concludes the County violated the collective bargaining agreement
when it denied the grievant's vacation request for Labor Day, 2001.
The County is directed to rescind the July 17th, 2001 memo to the
Crisis Intervention Workers. The Union has argued for fifteen (15)
hours of pay for each holiday the grievant has worked since the
implementation of the County's July 17th, 2001 memo. The
undersigned finds no merit in the
Union's request. Contrary to the Union's assertions, there is
nothing in the agreement that mandates the County to grant every
vacation request for a scheduled Holiday made by the Crisis
Intervention Workers. The undersigned has therefore limited the
Award to the rescinding of the July 17th, 2001 memo.
The grievance is timely.
The County violated the collective bargaining agreement when
it denied Terri Klavekoske's request to use vacation on a holiday
she was scheduled to work. The County is directed to rescind the
July 17th, 2001 memo to the Crisis Intervention Workers.
Dated at Madison, Wisconsin, this 13th day of November, 2002.
J. Bielarczyk, Jr., Arbitrator