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 58

No. 45457



Mr. Gary Wisbrocker, Business Agent, WPPA/LEER, E1125 S. Radley Road, Waupaca, Wisconsin, on behalf of the Association.

Mr. Philip I. Parkinson, City Attorney, 135 South Stevens Street, P.O.Box 658, Rhinelander, Wisconsin, 54501-0658, on behalf of the City.


The Rhinelander Police Association, Local 38-76, WPPA, and the City of Rhinelander are parties to a collective bargaining agreement which provides for final and binding arbitration of disputes arising thereunder. The Association made a request, in which the City concurred, that the Wisconsin Employment Relations Commission designate an arbitrator to hear and decide a grievance over the terms and application of the agreement's provisions relating to the hours of work. The Commission appointed Stuart Levitan, a member of its staff, to serve as the impartial arbitrator. Hearing was scheduled for July 10, 1991. Prior to the opening of the record, the parties engaged in settlement discussions, which discussions proved successful. Upon the mutually-satisfactory resolution of this dispute, the parties jointly requested the arbitrator to issue a Consent Award setting forth the terms of their agreement.


1. To correct a situation which arose due to a misunderstanding of the terms and application of the provisions of the collective bargaining agreement relating to hours of work, the City shall make the following supplemental overtime payments, minus payments already made for straight time, leaving an amount due and payable of half-time pay for the hours indicated:

A. To Officer Robert Kabel, eight (8) hours per day for January 2 and 3, 1990, for a total of sixteen (16) hours at half-pay;

B. To Officer David Allen, eight (8) hours per day for January 4, 5, 6, 7 and 8, 1990, for a total of forty (40) hours at half-pay;

C. To Officer Allan Larson, eight (8) hours per day for March 16 and 17, 1990, for a total of sixteen (16) hours at half-pay.

2. It is further understood by the parties that Section 8.01, HOURS OF SCHEDULE, paragraph 2, is interpreted to mean that, when there are two (2) or more openings on a shift, if one (1) of the openings is caused by vacation, holidays or illness, then the work schedule of the officer who was rescheduled qualifies for straight time, rather than overtime.

3. I will retain jurisdiction until September 3, 1991, to resolve any further disputes which may arise under the terms of this award,

Dated at Madison, Wisconsin this 24th day of July, 1991.

By Stuart Levitan /s/

Stuart Levitan, Arbitrator