Please ensure Javascript is enabled for purposes of website accessibility

Labor – arbitration — scope of authority

By: WISCONSIN LAW JOURNAL STAFF//May 10, 2012//

Labor – arbitration — scope of authority

By: WISCONSIN LAW JOURNAL STAFF//May 10, 2012//

Listen to this article

Wisconsin Court of Appeals

Civil

Labor – arbitration — scope of authority

The Wausaukee Education Association appeals a circuit court order vacating an arbitrator’s award in which the arbitrator concluded that the Wausaukee School District violated the parties’ collective bargaining agreement in partially laying off one teacher, Kurt Kostelecky. The arbitrator found that the District’s position that budgetary and curriculum-based considerations compelled the partial layoff was not credible and that, instead, the District’s action was in fact motivated by a purpose not allowed under the collective bargaining agreement and carried out in bad faith.

The circuit court concluded that the arbitrator exceeded her authority because she failed to make findings that the District violated any of the provisions of the collective bargaining agreement submitted for arbitration, because the question of whether it was necessary to lay off teachers was not within the arbitrator’s contracted authority, and because the decision to lay off teachers is not a proper subject of collective bargaining. The Association argues that the arbitrator acted within her authority and that the circuit court should have confirmed the award. We agree with the Association. We therefore reverse the circuit court’s order and remand for the court to issue an order confirming the award. Not recommended for publication in the official reports.

2011AP1716 Wausaukee School District v. Wausaukee Education Association

Dist III, Marinette County, Miron, J., Blanchard, J.

Attorneys: For Appellant: Kobelt, Kurt C., Madison; Jonen, Jina L., Madison; For Respondent: Strang, Kirk D., Madison

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests