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CITY OF MADISON JOINT SCHOOL DIST. NO. 8 v. WERC

No. 410.

69 Wis.2d 200 (1975)

231 N.W.2d 206

CITY OF MADISON JOINT SCHOOL DISTRICT No. 8, City of Madison, Villages of Maple Bluff and Shorewood Hills, Towns of Madison, Blooming Grove, Fitchburg and Burke; and its agent the Board of Education, City of Madison Joint School District No. 8, Appellants, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Respondent: MADISON TEACHERS, INCORPORATED, Intervenor-Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1975.

Attorney(s) appearing for the Case

For the appellants there was a brief by Edwin C. Conrad, city attorney, and Gerald C. Kops, assistant city attorney, and oral argument by Mr. Kops.

For the respondent the cause was argued by Charles D. Hoornstra, assistant attorney general, with whom on the brief was Victor A. Miller, attorney general.

For the intervenor-respondent there was a brief by Robert C. Kelly and Kelly & Haus, all of Madison, and oral argument by Robert C. Kelly.

A brief amicus curiae was filed by Rex H. Reed and James Newton Wilhoit, III, of Washington, D. C., and Joseph A. Melli, James K. Ruhly and Melli, Shiels, Walker & Pease, S. C., all of Madison, for the National Right to Work Legal Defense Foundation.

On motion for rehearing:

For the appellants there was a brief by Henry A. Gempeler, city attorney, and Gerald C. Kops, deputy city attorney.

For the respondent and intervenor-respondent there was a joint brief by Bronson C. La Follette, attorney general, and Charles D. Hoornstra, assistant attorney general, Robert C. Kelly and Kelly & Haus of Madison.

DAY, J.

The question on this appeal is, was it error for the circuit court to affirm the conclusion of the Wisconsin Employment Relations Commission that the school board committed a prohibited labor practice in that it "negotiated" or "bargained" with other than the exclusive bargaining representative of the teachers on matters subject to collective bargaining when it allowed a representative of a minority group of teachers to speak at a board meeting, listened to...

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