BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
LOCAL UNION 67, WISCONSIN COUNCIL 40,
CITY OF RACINE
(Policy Grievance DPW Posting Gr. #01-03)
Mr. John Maglio, Staff Representative, AFSCME Council 40,
Post Office Box 624, Racine, WI
53401-0624, appearing on behalf of Local 67.
Mr. Guadalupe Villarreal, Deputy City Attorney, City of
Racine, 730 Washington Avenue, Racine,
WI 53403, appearing on behalf of the City of Racine.
Pursuant to the provisions of the collective bargaining agreement between the parties,
AFSCME Local 67 (hereinafter referred to as the Union) and the City of Racine (hereinafter
to as either the City or the Employer) requested that the Wisconsin Employment Relations
Commission designate a member of its staff to serve as arbitrator of a dispute over the
posting of a
truck driver opening in the Streets Department. The undersigned was so designated. A
mediation session was held on June 24, 2003, at the City Hall in Racine, Wisconsin, but the
were unable to resolve the matter. Based upon the facts as described by each party, the
advised them that he was able to provide a summary decision on the matter. A hearing was
and after full consideration of the evidence and arguments relevant to the dispute, a bench
was issued denying the grievance, with a written Award to follow.
The issue presented by this grievance is:
Did the City violate Article 2 or any other relevant provision
the collective bargaining
agreement in the manner in which it posted and filled the vacant truck driver position? If so,
the appropriate remedy?
While the confusion created by the transition from the old contract provisions to the
procedures for posting and seniority is understandable, the City followed the letter of the
once the Union pointed out that there was an error in the initial posting of the truck driver
The ultimate posting, which is at issue here, was clear and correct and the opening was filled
accordance with the criteria specified in the contract. Accordingly, I cannot find a contract
and the grievance is denied.
On the basis of the foregoing, and the record as a whole, I have made the following
1. The City did not violate Article 2 or any other relevant provision of the
bargaining agreement in the manner in which it posted and filled the vacant truck driver
2. The grievance is denied.
Dated at Racine, Wisconsin, this 25th day of June, 2003.
Daniel Nielsen, Arbitrator