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01-0855 City of Marshfield v. Wisconsin Employment Relations Commission

By: dmc-admin//March 4, 2002//

01-0855 City of Marshfield v. Wisconsin Employment Relations Commission

By: dmc-admin//March 4, 2002//

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“In granting the craft-employee linemen’s petition for a unilateral severance vote, the Commission determined that Wis. Stat. § 111.70(4)(d)2.a strikes a balance in favor of the craft employees’ right to select a bargaining representative of their own choosing. The Utility’s proposed interpretation would strike a different balance in favor of the municipal employer’s interests in avoiding fragmentation and in preserving an established bargaining relationship. However, it is reasonable to interpret the statutory provision for a separate vote among craft employees as a legislative determination that craft employees share a particularly strong community of interest and that separate craft bargaining units tend to contribute to a harmonious and productive bargaining relationship, even at the expense of some fragmentation. We see no basis for concluding that the Utility’s proposed interpretation is more closely aligned with the legislature’s intent or that it is in any way ‘more reasonable’ than the interpretation of the Commission.”

Order affirmed

Recommended for publication in the official reports.

Dist IV, Wood County, Zappen, J., Roggensack, J.

Attorneys:

For Appellant: Steven C. Zach, Madison

For Respondent: David C. Rice, Madison

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