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STERN v. EMPLOYMENT RELATIONS COM'N

No. 2005AP3144.

722 N.W.2d 594 (2006)

2006 WI App 193

Barry J. STERN, Petitioner-Respondent, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION and Department of Workforce Development, Respondents-Appellants. Barry J. Stern and Wisconsin State Attorneys Association, Plaintiffs-Respondents, v. State of Wisconsin Department of Workforce Development and Roberta G. Gassman, in her Capacity as Secretary of the Wisconsin Department of Workforce Development, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed August 24, 2006.

Attorney(s) appearing for the Case

On behalf of the respondents-appellants, the cause was submitted on the briefs of David C. Rice, asst. attorney general, Jennifer Sloan Lattis, asst. attorney general, and Peggy A. Lautenschlager, attorney general.

On behalf of the petitioners-respondents, the cause was submitted on the brief of Steven C. Zach, Boardman, Suhr, Curry & Field L.L.P., Madison.

Before LUNDSTEN, P.J., and VERGERONT and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

The subject of this appeal is a decision by Wisconsin Employment Relations Committee (WERC) dismissing Barry Stern's appeal of his discharge from employment with the Department of Workforce Development (DWD). The circuit court concluded that DWD had waived the matter of the timeliness of Stern's appeal to WERC and remanded for WERC to determine whether Stern had permanent status at the time of his discharge from DWD employment, including a determination...

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