01-1247 Mineral Point Unified School District v. Wisconsin Employment Relations Commission

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And this is so even though the labs technician has full clearances to all computer files in the district with confidential labor relations matters because the employee has never accessed such files and she has received no administrative directives to do so.

“WERC’s decision in this case is not contrary to the purpose of preventing divided loyalties, because management has never asked the labs technician to do anything that would necessitate that she have a loyalty to the district that is in conflict with a loyalty to the bargaining unit; and there is no evidence the district might do so in the future. The labs technician has never been directed to open and read documents stored on the computers that pertain to collective bargaining. In addition, the superintendent does not want the labs technician to read any such documents and trusts that she will not. Therefore, including the position in the bargaining unit will not compromise the confidence the district may properly expect to have in the confidentiality of such matters….

“In addition, WERC’s interpretation and application of the statute to the facts of this case is rationally based. It is rational to analyze the actual duties involved in a position, rather than assume without evidence that an employee would act in an unauthorized or surreptitious manner. When a minimal portion of an employee’s duties may be confidential, it is rational to consider whether an employee outside the bargaining unit could perform those duties. WERC considered the facts presented, in light of the principles developed in its prior decisions, and came to a reasonable conclusion.”

Order reversed.

Recommended for publication in the official reports.

Dist IV, Iowa Country, Dyke, J., Vergeront, J.

Attorneys:

For Appellant: Mary E. Pitassi, Madison

For Respondent: Eileen A. Brownlee, Fennimore