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LOCAL 2236, AFSCME, AFL-CIO v. WERC

No. 90-0127.

157 Wis.2d 708 (1990)

461 N.W.2d 286

LOCAL 2236, AFSCME, AFL-CIO, Petitioner-Appellant, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, and Chippewa County, Respondents.

Court of Appeals of Wisconsin.

Decided August 14, 1990.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Bruce F. Ehlke of Lawton & Cates, S.C. of Madison.

On behalf of the respondent, Wisconsin Employment Relations Commission, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and David C. Rice, assistant attorney general.

On behalf of the respondent, Chippewa County, the cause was submitted on the brief of Stephen L. Weld and Joel L. Aberg of Mulcahy & Wherry, S.C. of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Local 2236 of AFSCME (the union) appeals a judgment affirming the Wisconsin Employment Relation Commission's determination that Chippewa County's decision to sell its health care center was a permissive rather than mandatory subject of collective bargaining. The union contends that the decision to sell was primarily related to considerations of wages and that the sale was, in effect, a device to subcontract the services to another and, therefore, a mandatory...

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