State Bar of Wisconsin Return to Wisconsin Employment Relations Commission Decisions

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In the Matter of the Petition of


Requesting a Declaratory Ruling

Pursuant to Sec. 111.70(4)(b), Stats.

Including a Dispute Between

Said Petitioner and


Case 401

No. 49585 DR(M)-527

Decision No. 27996-A


Mr. Thomas C. Goeldner, Assistant City Attorney, 800 City Hall, 200 East Wells Street, Milwaukee, Wisconsin 53202-3551, for the City.

Adelman, Adelman & Murray, S.C., by Mr. Kenneth J. Murray, 1840 North Farwell, Suite 403, Milwaukee, Wisconsin 53202, for the Milwaukee Police Association.


On April 13, 1994, the City of Milwaukee filed a petition for rehearing in the above matter with the Wisconsin Employment Relations Commission pursuant to Sec. 227.49, Stats. In its petition, the City asserts the Commission erred in its March 25, 1994 Findings of Fact, Conclusions of Law and Declaratory Ruling by concluding certain portions of Vacation, Reappointment Benefits and Fitness for Duty proposals were mandatory subjects of bargaining.

On April 14, 1994, the Milwaukee Police Association filed a written statement in opposition to the petition.

The Commission has considered the matter and concluded that it did not commit any error of law as to the three disputed proposals and that it is appropriate to deny the petition. The Commission is further satisfied that as it considered the arguments made on rehearing when it issued its Declaratory Ruling, no further comment is needed.



The petition for rehearing is denied.

Given under our hands and seal at the City of Madison, Wisconsin this 13th day of May, 1994.


By A. Henry Hempe /s/

A. Henry Hempe, Chairperson

Herman Torosian /s/ Herman Torosian, Commissioner

William K. Strycker /s/

William K. Strycker, Commissioner

1. 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 therefore 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.