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WERC v. ATLANTIC RICHFIELD CO.

Nos. 293, 294.

52 Wis.2d 126 (1971)

187 N.W.2d 805

WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Respondent, v. ATLANTIC RICHFIELD COMPANY, Appellant: GENERAL DRIVERS & DAIRY EMPLOYEES UNION, LOCAL No. 563, Intervening Respondent. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Respondent, v. ATLANTIC RICHFIELD COMPANY, Appellant: GENERAL DRIVERS & DAIRY EMPLOYEES UNION, LOCAL No. 563, Intervening Respondent.

Supreme Court of Wisconsin.

Decided June 25, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs by Lamfrom, Peck & Brigden, attorneys, and Egon W. Peck and James F. Honzik of counsel, all of Milwaukee, and oral argument by Mr.Honzik.

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

For the intervening respondent there was a brief by Goldberg, Previant & Uelmen, attorneys, and Gerry M. Miller of counsel, all of Milwaukee, and oral argument by Mr. Miller.

ROBERT W. HANSEN, J.

Does the doctrine of federal pre-emption preclude the WERC from acting as it did in this case?

Answering requires initially asking and answering another question: Does the NLRB have jurisdiction to certify a representative for bargaining purposes in unit consisting of only one employee? If it does, the field is federally pre-empted even though, as a matter of policy, the national board chose...

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