01-1506 In Re the Arbitration of a Dispute Between Local 236 Laborers International Union of North America, AFL-CIO and City of Madison: Local 236 Laborers International Union of North America, AFL-CIO v. City of Madison

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Local 236 (the union) filed a grievance asserting that the City of Madison had assigned two employees the full duties and responsibilities of a higher job classification such that, under the terms of the collective bargaining agreement, the employees were entitled to increased pay for working at a level above their actual classification. An arbitrator determined that the employees were not performing the full duties and responsibilities of the higher classification and denied the grievance. The circuit court disagreed and vacated the arbitrator’s decision; the City appealed. We conclude that the arbitrator did not exceed his authority in construing contract language that rationally could be considered ambiguous.

Accordingly, we reverse the order of the circuit court and reinstate the arbitrator’s decision.

Not recommended for publication in the official reports.

Dist IV, Dane County, Flanagan, J., Roggensack, J.

Attorneys:

For Appellant: Larry W. O’Brien, Madison

For Respondent: Bruce F. Ehlke, Madison