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CITY OF BROOKFIELD v. WERC

No. 76-184.

87 Wis.2d 819 (1979)

275 N.W.2d 723

CITY OF BROOKFIELD, Respondent, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Appellant.

Supreme Court of Wisconsin.

Decided February 27, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was argued by John D. Niemisto, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent there was a brief by George A. Schmus, city attorney, and Edward A. Hannan and Hayes & Hayes, of counsel, and oral argument by Tom E. Hayes, all of Milwaukee.

For intervenor-appellant, Local No. 2051, International Association of Firefighters, AFL-CIO, there were briefs by Richard V. Graylow and Lawton & Cates of Madison, and oral argument by Mr. Graylow.

Amicus Curiae brief on behalf of The League of Wisconsin Municipalities was filed by Jean G. Setterholm, legal counsel, and Burt P. Natkins, assistant legal counsel.

COFFEY, J.

This is an appeal of a July 16, 1976 judgment that reversed an April 16, 1975 order of the Wisconsin Employment Relations Commission (hereinafter WERC). The appellant, WERC, ordered the respondent, City of Brookfield (hereinafter Brookfield) to reinstate and reimburse five city firefighters laid off due to a decrease in the funds allocated to the fire department by the city budget. The ordered remedy was based upon the WERC's finding that Brookfield in...

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