WEST ALLIS SCHOOL DISTRICT v. DILHR

No. 82-729.

110 Wis.2d 302 (1982)

329 N.W.2d 225

WEST ALLIS SCHOOL DISTRICT, Plaintiff-Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and Victor P. Buff, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 14, 1982.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Michael J. Sachen, West Allis city attorney, and Paul C. Hemmer, West Allis assistant city attorney.

For the defendant-respondent Department of Industry, Labor and Human Relations the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Stephen M. Sobota, assistant attorney general, with which Michael H. Gillick of Gillick, Murphy, Gillick & Wicht, attorney for defendant-respondent Victor P. Buff, concurred.

Before Decker, C.J., Moser, P.J., and Wedemeyer, J.


DECKER, C.J.

The West Allis School District (district) appeals from a judgment of the circuit court which affirmed a February 14, 1980 order of the Labor and Industry Review Commission (commission), in which the commission determined that the district failed to rehire Buff in good faith, in violation of sec. 102.35, Stats. We affirm the trial court.

The district contends that the commission's order erroneously construed sec. 102.35(3), Stats., to require the...

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