MAHNKE v. WERC

No. 417.

66 Wis.2d 524 (1975)

225 N.W.2d 617

MAHNKE, Respondent, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Appellant.

Supreme Court of Wisconsin.

Decided February 4, 1975.


Attorney(s) appearing for the Case

For the appellant the cause was argued by Charles D. Hoornstra, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondent there was a brief by Neubecker, Kessler & McKnight, attorneys, and Edward F. Neubecker of counsel, all of Milwaukee, and oral argument by Edward F. Neubecker.


BEILFUSS, J.

The parties do not state the issue in the same terms. We believe the controlling issue to be: Where an employee alleges that his employer has discharged him in violation of a collective bargaining agreement and that his union his failed to proceed to arbitration under the terms of the collective bargaining agreement, does the employee have the burden of proof to establish a want of fair representation on the part of the union before he can proceed to...

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