State Bar of Wisconsin Return to Wisconsin Employment Relations Commission Awards


In the Matter of the Arbitration of a Dispute Between




Case 62

No. 60409



Mr. Steve Day, Staff Representative, AFSCME Council 40, appearing on behalf of the Union.

Mr. Steve Weld, Attorney, appearing on behalf of the District.


AFSCME Local 560-B (hereinafter referred to as the Union) and Eau Claire School District (hereinafter referred to as the District), are parties to a collective bargaining agreement which provides for the arbitration of unresolved grievances. The parties agreed to have the Wisconsin Employment Relations Commission assign a member of its staff to arbitrate the health insurance premium grievance. Raleigh Jones was so designated. A hearing was held on November 29, 2001 at the District's office in Eau Claire, Wisconsin. In discussion between the parties prior to the commencement of the hearing, an agreement was reached resolving the grievance. The parties requested that the arbitrator set forth their agreement in a Consent Award. The terms of the proposed Consent Award were reviewed in the presence of the parties' representatives and the arbitrator, and all agreed that the following terms are agreeable to them and fully resolve the grievance.

Now, having considered the terms of the proposed Consent Award, and finding them fully consistent with the collective bargaining agreement, the undersigned makes the following Consent Award.


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The District shall pay the contractual amount of up to $6864 for health insurance premiums for those members of the bargaining unit who have limited family or family coverage for the period July 1, 2001 to June 30, 2002.

The Laundry classification shall be removed from the bargaining unit effective immediately. Section 1.01 shall be amended accordingly and all references to the Laundry classification shall be removed from the collective bargaining agreement upon the next printing of the contract.

The parties agree, however, that the incumbent laundry worker at North High School, Josephine Walta, shall remain in this bargaining unit and her job duties and responsibilities shall remain as in the past until she ceases employment. Her wages and benefits also shall remain as established in the current collective bargaining agreement unless modified by future bargaining. In the event Ms. Walta is absent, the District shall make the decision on whether to replace her and, if it does, the replacement shall come from Local 560, not this bargaining unit. When Ms. Walta leaves employment with the District, the District shall make the decision on whether to replace her and, if it does, the replacement shall come from Local 560.

The parties have agreed that this Consent Award does not reflect a concession regarding the merits of the other party's position but rather a mutual desire to avoid further delay, cost and enmity.

Dated at Madison, Wisconsin this 3rd day of December, 2001.

Raleigh Jones, Arbitrator