WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Petitioner-Appellant,
v.
TEAMSTERS LOCAL No. 563, Intervenor-Appellant:
CITY OF NEENAH, Respondent.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued November 29, 1976.
Decided February 15, 1977.
Attorney(s) appearing for the Case
For Wisconsin Employment Relations Commission the cause was argued by Charles D. Hoornstra, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.
For Teamsters Local No. 563 there was a brief by David Loeffler and Goldberg, Previant & Uelmen, S. C. and oral argument by Mr. Loeffler, all of Milwaukee.
For the respondent there was a brief and oral argument by Daniel P. Murphy, city attorney of Neenah.
On motion for rehearing:
For Wisconsin Employment Relations Commission a brief in support of motion for rehearing was filed by Bronson C. La Follette, attorney general, Gordon Samuelsen and David C. Rice, assistant attorneys general.
For Teamsters Local No. 563 there was a brief in support of appellant's motion for rehearing filed by John S. Williamson, Jr., and Goldberg, Previant & Uelmen, S.C. of Milwaukee.
For the respondent there was a brief in opposition to motion for rehearing filed by Daniel P. Murphy, city attorney of Neenah.
A brief amici curiae in support of motion for rehearing was filed by Richard V. Graylow and Lawton & Cates of Madison, for Wisconsin Council of County and Municipal Employees, Milwaukee Council District 48, Wisconsin Education Association Council, Wisconsin Professional Police Association and the Professional Firefighters of Wisconsin.
Supreme Court of Wisconsin.
BEILFUSS, C. J.
The basic issue raised by both appellants, the WERC and the Teamsters Local, is whether the arbitrator had the power to determine that the discharge of the employee by the city was not for just cause in spite of a city ordinance that required all employees be residents of the city.
A second issue, raised only by the WERC, is whether the circuit court had jurisdiction to review the WERC order.
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