State Bar of Wisconsin Return to Wisconsin Employment Relations Commission Awards

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In the Matter of the Arbitration

of a Dispute Between





Case 174

No. 41911



Davis, Birnbaum, Joanis, Marcou & Colgan, Attorneys at Law, by MrJames G. Birnbaum, appearing on behalf of the Union.

Johns & Flaherty, S.C., Attorneys at Law, by Ms. Ellen M. Frantz, appearing on behalf of the City.


On May 1, 1989, the undersigned issued an Arbitration Award in this matter wherein the parties' collective bargaining agreement was reformed by adding a factor of 2.98 as a multiplier of the change in the CPI (1982-84 = 100 base). The Award was appealed to the Circuit Court, LaCrosse County, and by order of the LaCrosse County Circuit Court in Case No. 89-CV-405, dated August 16, 1989, the Award was confirmed in all respects except with respect to establishing the 1982-84 = 100 base for the COLA, as well as the multiplier, and the matter was remanded to the undersigned, it being the Court's opinion that the only appropriate base was the 1967 = 100 base.

Based on the above, the undersigned issues the following


1. Section 20 of the parties' collective bargaining agreement is reformed to read as follows:

Section 20

Cost of Living

The first computation of the cost of living increases will be made for the new index published by the Bureau of Labor statistics for the month of June, 1988, using the National Consumer Price Index for Urban Wage Earners and Clerical Workers (new series) (1967 = 100 base) of March, 1988 (343.0) as the basic index. For each increase in the CPI of point three (.3) published for June, 1988 over the March, 1988 index (343.0) one cent per hour will be added to a basic wage scale for all classifications of hourly paid full-time employees, and will become effective on or about July 25, 1988.

Like computations will be made for the index published for the months of September and December, 1988 and the months of March, June, September and December, 1989, and March and June, 1990.

2. The rates shall be immediately changed in accordance with this award and employes shall be made whole by granting back pay to the date of change which appears from the record to be January 20, 1989.

3. The undersigned will retain jurisdiction for a period of 30 days solely for the purpose of resolving any dispute with respect to the remedy set forth herein.

Dated at Madison, Wisconsin this 19th day of September, 1989.


Lionel L. Crowley, Arbitrator