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CITY OF MADISON v. WERC

No. 99-0500.

261 Wis.2d 423 (2003)

2003 WI 52

662 N.W.2d 318

CITY OF MADISON, a municipal corporation of Dane County, Wisconsin, Petitioner-Appellant, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, and IAFF Local 311, Respondents-Respondents.

Supreme Court of Wisconsin.

Decided May 30, 2003.

Attorney(s) appearing for the Case

For the petitioner-appellant there were briefs and oral argument by Larry W. O'Brien, acting city attorney.

For the respondent-respondent, Wisconsin Employment Relations Commission, there was a brief (in the court of appeals) by David C. Rice, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the respondent-respondent, IAFF Local 311, there were briefs by John C. Tallis, Bruce F. Ehlke, and Shneidman, Hawks & Ehlke, S.C., Madison, and oral argument by Bruce F. Ehlke.

Amicus curiae briefs were filed by Scott Herrick and Herrick, Kasdorf, Dymzarov & Twietmeyer, Madison, on behalf of the Board of Police and Fire Commissioners of the City of Madison.

An amicus curiae brief was filed (in the court of appeals) by Curtis Witynski, Madison, on behalf of the League of Wisconsin Municipalities.

¶ 1. DIANE S. SYKES, J.

The issue in this case is whether a fire chief's decision to return a firefighter promoted on a probationary basis to his previous rank for failure to successfully complete probation may be subjected to arbitration. We hold that it may not.

¶ 2. Given the statutory authority vested in the chief of the fire department under Wis. Stat. § 62.13 (1999-2000),1...

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