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CITY FIREFIGHTERS UNION v. MADISON

No. 184.

48 Wis.2d 262 (1970)

179 N.W.2d 800

CITY FIREFIGHTERS UNION, LOCAL No. 311, and others, Appellants, v. CITY OF MADISON, Defendant: McGRAW, Chief of Madison Fire Department, Respondent.

Supreme Court of Wisconsin.

Decided October 6, 1970.

Attorney(s) appearing for the Case

For the appellants there were briefs by Lawton & Cates and John C. Carlson and Bruce F. Ehlke, all of Madison, and oral argument by Mr. Carlson and Mr. John A. Lawton.

For the respondent there was a brief by Jack R. De Witt, attorney, and Herro, McAndrews & Porter of counsel, and oral argument by Mr. DeWitt and Mr. Charles G. Center, all of Madison.

A brief amicus curiae was filed by Robert W. Warren, attorney general, and William H. Wilker, assistant attorney general, for the Wisconsin Employment Relations Commission.

HANLEY, J.

The sole issue presented on this appeal is—Does the circuit court have jurisdiction to determine whether or not the individual appellants are "municipal employes" within the meaning of sec. 111.70 (1) (b), Stats.?

The circuit court decided that it did have jurisdiction and in support of that decision it cited sec. 111.07 (1), Stats., which provides:

"Any controversy concerning unfair labor practices may be submitted to the board in...

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