BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
WISCONSIN PROFESSIONAL POLICE
LAW ENFORCEMENT EMPLOYEE RELATIONS
(Daniel Zeratsky Grievance)
Mr. Robert E. West, Labor Consultant, 2001 Gilbert Road,
Madison, Wisconsin 53711 on behalf
of the Union.
Davis & Kuelthau, S.C., by Attorney James R. Macy, 219
Washington Avenue, P.O. Box 1278,
Oshkosh, Wisconsin 54903-1278, on behalf of the County.
At all times pertinent hereto, the Wisconsin Professional Police Association/Law
Employee Relations Division (herein the Union) and Outagamie County (herein the County)
parties to a collective bargaining agreement dated July 10, 2002, covering the period January
to December 31, 2004, and providing for binding arbitration of certain disputes between the
On January 28, 2003, the Union filed a request with the Wisconsin Employment Relations
Commission (WERC) to initiate grievance arbitration regarding a two-day suspension issued
Corrections Officer Daniel Zeratsky (herein the Grievant) and requested the Commission to
a panel of arbitrators from among it's staff. The undersigned was thereafter selected by the
to hear the dispute and a hearing was conducted on October 28, 2003.
The proceedings were transcribed, but at the close of the hearing the parties
the Arbitrator issue an oral bench award to be summarized and confirmed in writing at a
The parties waived the submission of briefs and made closing
arguments, whereupon the Arbitrator took the testimony and documentary evidence
and issued an oral bench award on the record. The parties stipulated to the following
framing of the
issues to be determined:
Did the County violate Article XIX of the
Collective Bargaining Agreement when it gave the
Grievant a two-day disciplinary suspension?
If so, what is the appropriate remedy?
Based upon the evidence, the arguments of the parties and the record as a whole and
consistent with the rationale set forth in the issuance of the award at the hearing, I hereby
The County did not violate Article XIX of the Collective Bargaining Agreement in
two-day disciplinary suspension to the Grievant. Therefore, the grievance is denied and the
Dated at Fond du Lac, Wisconsin, this 31st day of October, 2003.
John R. Emery, Arbitrator