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STATE v. WERC

No. 347.

65 Wis.2d 624 (1974)

223 N.W.2d 543

STATE, Appellant, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

Decided November 26, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by John F. Kitzke and Lionel L. Crowley, both of Madison, and oral argument by Mr. Kitzke.

For the respondents there was a joint brief for the respondent WERC by Charles D. Hoornstra of Madison, and oral argument by Mr. Hoornstra; for the respondent Local 82 by Richard v. Graylow and Lawton & Cates, all of Madison, and oral argument by Mr. Graylow; and for the respondent Sam Guthrie by Thomas M. Jacobson and Sodos, Jacobson, Sodos & Melnick, all of Milwaukee, and oral argument by Thomas M. Jacobson.

HANLEY, J.

The appeal presents these two issues:

1. Is an order of the Wisconsin Employment Relations Commission refusing to grant a motion to dismiss and permitting a hearing examiner's order for further hearing on the merits of the case to stand reviewable under ch. 227, Stats.?

2. Is the employer entitled to a declaratory judgment, as an alternative to a petition for review, declaring that the unfair labor...

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