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BEFORE THE ARBITRATOR

In the Matter of the Arbitration of a Dispute Between

COLUMBIA COUNTY PROFESSIONAL EMPLOYEES

AFSCME LOCAL 2698-A, AFL-CIO

and

COLUMBIA COUNTY

(Lisa A. Schreiner ­ Discharge ­ Use of FMLA Grievance)

Case 304

No. 69889

MA-14788

Appearances:

Neil Rainford, Staff Representative, Wisconsin Council 40, AFSCME, AFL-CIO appearing on behalf of the Union.

Joseph Ruf, III, Corporation Counsel/Human Resources Director, Columbia County, appearing on behalf of the County.

CONSENT AWARD

Columbia County, hereinafter County or Employer, and Columbia County Professional Employees AFSCME Local 2698-A, AFL-CIO, hereinafter Union, are parties to a collective bargaining agreement that provides for the final and binding arbitration of grievances. The Union, with the concurrence of the Employer, requested the Wisconsin Employment Relations Commission to provide a panel of five (5) Commissioners or Commission staff from which to select an arbitrator to resolve the dispute between them. Commissioner Susan J.M. Bauman was selected. A hearing was scheduled to be held in Portage, Wisconsin, on September 28, 2010.

Prior to the commencement of the evidentiary hearing, and with the assistance of the undersigned, the parties agreed to resolve this matter in accordance with the following terms:

1. Within ten (10) calendar days following receipt of a signed, final Consent Award document, the County will pay to the Grievant, Lisa A. Schreiner, the total sum of $5,000.00 as a full and final settlement of all claims arising out of this grievance case.

2. The County will rescind Lisa A. Schreiner's November 4, 2009, termination and will revise the termination to a layoff, provided that Lisa A. Schreiner shall not have any recall rights under section 7:4 of the collective bargaining agreement between the parties.

3. The County will remove the November 4, 2009, termination letter from Lisa A. Schreiner's Columbia County employee personnel file.

4. Neither Lisa A. Schreiner nor the Union will file any future grievances, claims or other actions against Columbia County relating to Lisa A. Schreiner's November 4, 2009, separation from Columbia County employment.

5. The County will provide a neutral employment reference to any future prospective employers of Lisa A. Schreiner.

Dated at Madison, Wisconsin, this 15th day of October, 2010.

Susan J.M. Bauman, Arbitrator

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