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MILWAUKEE COUNTY v. DISTRICT COUNCIL 48

No. 81-1185.

109 Wis.2d 14 (1982)

325 N.W.2d 350

MILWAUKEE COUNTY, a municipal body corporate, Plaintiff-Appellant, v. MILWAUKEE DISTRICT COUNCIL 48 — AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, AFL-CIO; Joseph Robison, individually and as Executive Director of Milwaukee District Council 48, AFSCME, AFL-CIO; and Wisconsin Employment Relations Commission, Defendants-Respondents, COALITION OF AMERICAN PUBLIC EMPLOYEES (CAPE); Professional Fire Fighters of Wisconsin; Wisconsin Council of County & Municipal Employees, Dist. Council 40, AFSCME, AFL-CIO; Wisconsin County Police Association; Wisconsin Professional Policemen's Association (WPPA); and Wisconsin State Employees Union, District Council 24, AFSCME, AFL-CIO, Intervenors, WISCONSIN EDUCATION ASSOCIATION COUNCIL, Additional Intervenors.

Court of Appeals of Wisconsin.

Decided September 7, 1982.

Attorney(s) appearing for the Case

For the appellant there was a brief by George E. Rice, deputy corporation counsel, Milwaukee County, and Patrick J. Foster, principal assistant corporation counsel, and oral argument by Mr. Foster.

For respondents Milwaukee District Council 48 and Joseph Robison there was a brief by Alvin R. Ugent, Suzanne Schalig and Podell, Ugent & Cross, S.C., of Milwaukee.

For respondent Wisconsin Employment Relations Commission the cause was argued by David C. Rice, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the intervenors there was a brief by Richard V. Graylow and Lawton & Cates of Madison.

For additional intervenor Wisconsin Education Association Council there was a brief by Bruce Meredith, staff counsel.

Brief amicus curiae of the Wisconsin County Boards Association was filed by Thomas A. Schroeder, legal counsel.

Brief amicus curiae of the League of Wisconsin Municipalities was filed by Burt P. Natkins, legal counsel.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

The primary issue on appeal is whether the mediation-arbitration provisions of the Municipal Employment Relations Act, sec. 111.70(4)(cm), Stats., is a constitutional delegation of authority. Because we conclude it is, we affirm.

Milwaukee County and Milwaukee District Council 48 (Council) attempted to negotiate a collective bargaining agreement for 1981 and subsequent years. During these negotiations, the Council petitioned the Wisconsin Employment...

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