Employment – Displacement Rights

By: Derek Hawkins//June 10, 2021//

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WI Court of Appeals – District IV

Case Name: WI Dept. of Agriculture, Trade, and Consumer Protection, et al., Wisconsin Employment Relations Commission

Case No.: 2020AP406

Officials: Fitzpatrick, P.J., Blanchard, and Nashold, JJ.

Focus: Employment – Displacement Rights

Claire Fried appeals a circuit court order reversing a Wisconsin Employment Relations Commission decision concluding that Fried had displacement rights under WIS. ADMIN. CODE § ER-MRS 22.08(3) (Dec. 2015). The issue we address is whether WIS. STAT. § 230.34(2)(b) (2013-14) as amended by 2015 Wis. Act 150 eliminated the displacement rights and invalidated § ER-MRS 22.08(3) (Dec. 2015). We conclude that the amended statute eliminated the displacement rights and invalidated § ER-MRS 22.08(3). Accordingly, we affirm the circuit court.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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