MILLER BREWING CO., Plaintiff-Respondent,
v.
DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Equal Rights Division, Defendant-Appellant,
Becky KOZERA, Defendant-Co-Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs July 11, 1995.
Decided July 9, 1996.
Attorney(s) appearing for the Case
For the defendant-appellant Department of Industry, Labor and Human Relations, Equal Rights Division, the cause was submitted on the briefs of James E. Doyle, attorney general, and Richard Briles Moriarty, assistant attorney general.
For the defendant-co-appellant Becky Kozera the cause was submitted on the briefs of Michael J. Edmonds of Milwaukee.
For the plaintiff-respondent Miller Brewing Company the cause was submitted on the briefs of Ely A. Leichtling and Carmella A. Huser of Quarles & Brady, of Milwaukee.
Amicus Curiae brief was filed by Marianne Goldstein Robbins of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C., of Milwaukee, for Wisconsin State AFL-CIO.
Amicus Curiae brief was filed by Patricia J. Meunier of Schneidman, Myers, Dowling & Blumenfield, of Milwaukee, for Wisconsin Federation of Nurses and Health Care Professionals.
Amicus Curiae brief was filed by Robert K. Sholl and Susan B. Stein of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., of Milwaukee, for Wisconsin State Council of the Society for Human Resource Management.
Before Wedemeyer, P.J., Sullivan and Schudson, JJ.
Court of Appeals of Wisconsin.
SULLIVAN, J.
At issue in this case is whether a claim under the Wisconsin Family and Medical Leave Act (FMLA), see § 103.10, STATS.,1 challenging an employer's refusal to allow an employee to substitute her paid sick leave for the six-weeks of unpaid family leave provided for by § 103.10(5)(b) of the FMLA, is preempted by § 301 of the federal Labor Management Relations...
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