MADISON SCH. DIST. v. WIS. EMPLOYMENT

No. 85-1493.

133 Wis.2d 462 (1986)

395 N.W.2d 825

MADISON METROPOLITAN SCHOOL DISTRICT, Plaintiff-Respondent, v. Wisconsin EMPLOYMENT RELATIONS COMMISSION, Defendant-Co-Appellant, MADISON TEACHERS INCORPORATED, Intervenor-Appellant.

Court of Appeals of Wisconsin.

Decided September 25, 1986.


Attorney(s) appearing for the Case

For the intervenor"appellant, the cause was submitted on the briefs of Robert C. Kelly and William Haus and Kelly, Haus and Katz, of Madison.

For the defendant-co-appellant, the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and John D. Niemisto, assistant attorney general.

For the plaintiff-respondent, the cause was submitted on the brief of Mark F. Vetter and Warren Stringer, Jr., and Davis & Kuelthau, S.C., of Milwaukee.

Brief of amicus curiae was filed by Timothy E. Hawks and Kim Marie Wynn, and Schneidman, Myers, Dowling, Blumenfield & Albert, of Milwaukee, on behalf of Wisconsin Federation of Teachers.

Brief of amicus curiae was filed by Lee Cullen and Cullen, Weston & Pines of Madison, on behalf of Professional Police Association/Law Enforcement Employee Relations Division and District 1199 W/United Professionals for Quality Health Care.

Brief of amicus curiae was filed by Richard Perry and Barbara Zack Quindel and Perry, First, Reiher, Lerner & Quindel, S.C., of Milwaukee, on behalf of Milwaukee Teachers' Education Association.

Brief of amicus curiae was filed by Michael J. Julka and Larry S. Meihsner and Isaksen, Lathrop, Esch, Hart & Clark, of Madison, on behalf of Wisconsin Association of School Boards, Inc.

Brief of amicus curiae was filed by Grant F. Langley, city attorney, and Stuart S. Mukamal, of Milwaukee, on behalf of City of Milwaukee and of the Milwaukee Board of School Directors.

Brief of amicus curiae was filed by Michael L. Stoll of Madison, on behalf of Wisconsin Education Association Council, Green Bay Education Association and Racine Education Association.

Brief of amicus curiae was filed by Richard V. Graylow and Lawton & Cates, S.C. of Madison on behalf of AFSCME International; District Councils 24, 40, 48; Firefighter Local Union No. 311 and Madison Professional Police Officers Association (MPPOA).

Before Gartzke, P.J., Eich and Sundby, JJ.


EICH, J.

The Wisconsin Employment Relations Commission and Madison Teachers Incorporated (MTI) appeal from an order reversing the commission's declaratory ruling that certain of MTI's contract proposals are mandatory subjects of bargaining under sec. 111.70(1)(a), Stats.1 The commission concluded that the proposals, which would have named specific insurers in the sections of the agreement relating...

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