Labor — arbitration

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Wisconsin Court of Appeals

Civil

Labor — arbitration

A terminated sheriff’s deputy may appeal either to circuit court or to an arbitrator.

“In our case—the grievance committee context—WIS. STAT. §59.26(8)(b) does mandate a hearing when requested by the deputy, but not before a neutral body. As the circuit court itself observed, ‘the courts are very, very concerned that an accused deputy would be able to receive a fair and impartial hearing.’ Cook v. Cook, 208 Wis. 2d 166, 189, 560 N.W.2d 246 (1997), dictates that our ‘two bites of the apple’ concerns must take a back seat to the Eau Claire Cnty. court’s ultimate interpretation of the appeal language of WIS. STAT. §59.52(8)(c), which, for all practical purposes, reads the same as the appeal language in §59.26(8)(b)6. See also Zarder v. Humana Ins. Co., 2010 WI 35, ¶¶54-58, 324 Wis.2d 325, 782 N.W.2d 682. Were the interpretation of the language in § 59.26(8)(b)6. truly a matter of first impression, we likely would interpret the plain language differently than how the Eau Claire court interpreted the nearly identical language in §59.52(8)(c). This is not, however, truly a matter of first impression.”

Reversed and Remanded.

Recommended for publication in the official reports.

2013AP375 Waukesha County v. WERC

Dist. II, Waukesha County, Kieffer, J., Gundrum, J.

Attorneys: For Appellant: Palek, Roger W., Madison; For Respondent: Pirkey, Nancy L., Waukesha