2009AP1622 Milwaukee Deputy Sheriffs' Association v. County of Milwaukee

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Labor
Arbitration

Contentions by County of Milwaukee employees that the County owes them increased vacation benefits under a County ordinance must be first resolved by a grievance under the Association's collective-bargaining agreement with the County.

"First, the plaintiffs point to nothing that even hints that the County has directly or indirectly repudiated the collective bargaining agreement. See id., 2003 WI App 153, ¶12, 265 Wis. 2d at 756, 668 N.W.2d at 139 ('An employer repudiates the contractual remedies when it anticipatorily rejects those remedies. An employer has repudiated the contractual remedies when it no longer considers them binding and therefore frustrates the complaint's processing.') (internal citation omitted). Second, the union has not hindered its members from enforcing their rights vis a vis Milwaukee County Ord. § 17.17(1). Third, there is nothing in the Record that indicates that resort to grievance arbitration under the collective bargaining agreement would be futile. Indeed, other unions have taken the Milwaukee County Ord. § 17.17(1) issue to arbitration under their respective collective bargaining agreements and have prevailed. In fact, the County is voluntarily applying Milwaukee County Ord. § 17.17(1) to the plaintiffs prospectively, beginning with 2007. Thus, we reject the plaintiffs' contention that grievance arbitration established under the collective bargaining agreement is not their exclusive remedy." Affirmed.

Publication in the official reports is recommended.

2009AP1622 Milwaukee Deputy Sheriffs' Association v. County of Milwaukee

Dist. I, Milwaukee County, Sosnay, J., Fine, J.

Attorneys: For Appellant: Vanden Heuvel, Linda S., Germantown; MacGillis, Christopher, Germantown; For Respondent: Grady, Mark A., Milwaukee

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