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MILWAUKEE POLICE ASSN. v. MILWAUKEE

Nos. 82-1282, 82-1653.

113 Wis.2d 192 (1983)

335 N.W.2d 417

MILWAUKEE POLICE ASSOCIATION and Ronald J. Nord, Plaintiffs-Respondents, v. CITY OF MILWAUKEE, Defendant-Appellant. MILWAUKEE POLICE ASSOCIATION and Robert White, grievant, Plaintiffs-Appellants, v. CITY OF MILWAUKEE, a municipal corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 17, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant (82-1282) and defendant-respondent (82-1653) City of Milwaukee the cause was submitted on the briefs of James B. Brennan, city attorney, and Grant F. Langley, assistant city attorney.

For the plaintiffs-respondents Milwaukee Police Association and Ronald J. Nord (82-1282) and plaintiffs-appellants Milwaukee Police Association and Robert White (82-1653) the cause was submitted on the briefs of Kenneth J. Murray and Richard D. Moake of Murray & Moake, S.C., and Laurie Eggert, of counsel, of Milwaukee.

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

DECKER, J.

Pursuant to Rule 809.10(3), Stats., these two appeals have been consolidated. Both involve the question of whether the termination of a probationary employe is arbitrable under the police collective bargaining agreement. We hold that it is not.

In the first case, Ronald J. Nord (Nord) was terminated after slightly more than a month as a probationary police officer when the department's medical panel found him to be physically unfit. This was then...

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