State Bar of Wisconsin Return to Wisconsin Employment Relations Commission Decisions

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Case 245

No. 46922 MP-2562

Decision No. 27221-C


Perry, Lerner & Quindel, S.C., Attorneys at Law, 823 North Cass Street, Milwaukee, WI 53202-3908 by Mr. Richard Perry appearing on behalf of the Milwaukee Teachers' Education Association.

Grant F. Langley, City Attorney, City of Milwaukee, City Hall, Room 800, 200 East Wells Street, Milwaukee, WI 53202 by Ms. Mary Kuhnmuench, Assistant City Attorney, appearing on behalf of the City of Milwaukee.



Examiner Daniel J. Nielsen having, on June 17, 1992, issued an Order Modifying Order Dismissing Complaint wherein the Examiner ordered that the Respondent post the "Notice to Employees (Attachment "A")" for a period of thirty calendar days, commencing with the thirtieth day prior to the fifth teacher work day of the 1992-1993 school year, at the Berger Elementary School, Green Bay Elementary School and the Central Office and further that the complaint filed in this matter be dismissed; and no petition for review of said Order Modifying Order Dismissing Complaint having been filed within the twenty day statutory period set for in Section 111.07(5), Stats.; and no intervening order by the Examiner or the Commission having been issued within said statutory period;

NOW, THEREFORE, the Commission issues the following


That, by operation of Section 111.07(5), Stats., Examiner Nielsen's Order Modifying Order Dismissing Complaint issued in the above-entitled matter became the Commission's Order Dismissing Complaint on July 7, 1992, (1) and, therefore, the Respondent, Milwaukee Public Schools, is hereby requested to notify the Wisconsin Employment Relations Commission within ten (10) days of the date of this Notice as to what steps it has taken to comply therewith.

Given under our hands and seal at the City of Madison, Wisconsin this 14th day of July, 1992.


By A. Henry Hempe /s/

A. Henry Hempe, Chairperson

Herman Torosian /s/

Herman Torosian, Commissioner

William K. Strycker /s/

William K. Strycker, Commissioner

1. Pursuant to Sec. 227.48(2), Stats., the Commission hereby notifies the parties that a petition for rehearing may be filed with the Commission by following the procedures set forth in Sec. 227.49 and that a petition for judicial review naming the Commission as Respondent, may be filed by following the procedures set forth in Sec. 227.53, Stats.

227.49 Petitions for rehearing in contested cases. (1) A petition for rehearing shall not be prerequisite for appeal or review. Any person aggrieved by a final order may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. An agency may order a rehearing on its own motion within 20 days after service of a final order. This subsection does not apply to s. 17.025(3)(e). No agency is required to conduct more than one rehearing based on a petition for rehearing filed under this subsection in any contested case.

227.53 Parties and proceedings for review. (1) Except as otherwise specifically provided by law, any person aggrieved by a decision specified in s. 227.52 shall be entitled to judicial review thereof as provided in this chapter.

(a) Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of the circuit court for the county where the judicial review proceedings are to be held. Unless a rehearing is requested under s. 227.49, petitions for review under this paragraph shall be served and filed within 30 days after the service of the decision of the agency upon all parties under s. 227.48. If a rehearing is requested under s. 227.49, any party desiring judicial review shall serve and file a petition for review within 30 days after service of the order finally disposing of the application for rehearing, or within 30 days after the final disposition by operation of law of any such application for rehearing. The 30-day period for serving and filing a petition under this paragraph commences on the day after personal service or mailing of the decision by the agency. If the petitioner is a resident, the proceedings shall be held in the circuit court for the county where the petitioner resides, except that if the petitioner is an agency, the proceedings shall be in the circuit court for the county where the respondent resides and except as provided in ss. 77.59(6)(b), 182.70(6) and 182.71(5)(g). The proceedings shall be in the circuit court for Dane county if the petitioner is a nonresident. If all parties stipulate and the court to which the parties desire to transfer the proceedings agrees, the proceedings may be held in the county designated by the parties. If 2 or more petitions for review of the same decision are filed in different counties, the circuit judge for the county in which a petition for review of the decision was first filed shall determine the venue for judicial review of the decision, and shall order transfer or consolidation where appropriate.

(b) The petition shall state the nature of the petitioner's interest, the facts showing that petitioner is a person aggrieved by the decision, and the grounds specified in s. 227.57 upon which petitioner contends that the decision should be reversed or modified.

. . .

(c) Copies of the petition shall be served, personally or by certified mail, or, when service is timely admitted in writing, by first class mail, not later than 30 days after the institution of the proceeding, upon all parties who appeared before the agency in the proceeding in which the order sought to be reviewed was made.

Note: For purposes of the above-noted statutory time-limits, the date of Commission service of this decision is the date it is placed in the mail (in this case the date appearing immediately above the signatures); the date of filing of a rehearing petition is the date of actual receipt by the Commission; and the service date of a judicial review petition is the date of actual receipt by the Court and placement in the mail to the Commission.