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LODGE 76, v. WERC,

No. 405.

67 Wis.2d 13 (1975)

226 N. W. 2d 203

LODGE 76, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, and another, Appellants, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Respondent: KEARNEY & TRECKER CORPORATION, Intervenor-Respondent.

Supreme Court of Wisconsin.

Decided March 4, 1975.

Attorney(s) appearing for the Case

For the appellants there were briefs by Goldberg, Previant & Uelmen, attorneys, and Robert E. Gratz and Gerry M. Miller of counsel, all of Milwaukee, and oral argument by Mr. Miller and Mr. Gratz.

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

For the intervenor-respondent there was a brief by Michael, Best & Friedrich, attorneys, and James C. Mallatt, Jacob L. Bernheim and John R. Sapp of counsel, all of Milwaukee, and oral argument by Mr. Sapp.

A brief amicus curiae was filed by Zubrensky, Padden, Graft & Bratt of Milwaukee for the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.

HANLEY, J.

The sole issue involved upon this appeal is whether the state of Wisconsin is precluded from enjoining a concerted refusal to work overtime which is in violation of sec. 111.06 (2) (h) of the Wisconsin Statutes.

The union's conduct is not denied. They challenge the state's authority to enforce the statute, sec. 111.06 (2) (h).

The union makes two arguments in support of its position that the state...

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