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MILWAUKEE v. WIS. EMPLOYMENT RELATIONS COMM.

Nos. 296, 297.

43 Wis.2d 596 (1969)

168 N.W.2d 809

CITY OF MILWAUKEE, Appellant, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Respondent. [Two cases.]

Supreme Court of Wisconsin.

Decided July 3, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Foley, Sammond & Lardner, attorneys, and Herbert P. Wiedemann of counsel, all of Milwaukee, and oral argument by Mr. Wiedemann.

For the respondent Wisconsin Employment Relations Commission the cause was argued by William H. Wilker, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondent Association of Municipal Attorneys of Milwaukee there was a brief and oral argument by Herbert F. Sonnenberg of Milwaukee.

HANLEY, J.

A single issue is presented on this appeal: and that is whether the attorneys employed by the Milwaukee city attorney's office are "municipal employes" within the meaning of sec. 111.70 (1) (b), Stats.

Sec. 111.70 (1) (b), Stats., provides:

"`Municipal employe' means any employe of a municipal employer except city and village policemen, sheriff's deputies, and county traffic officers."

Under sec. 111.70 (2), municipal employees are...

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